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ten days of 10 November 2009
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52. The prosecutor submitted objections. He stated that on 20 November 2009 the investigator dealing with the applicant’s case had revoked the impugned preventive measure, given that no charges had been brought against her within
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The next day
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15. According to the Government, on 12 May 2001 “unidentified persons armed with firearms apprehended Isa Kaplanov, Ruslan Sadulayev and Movsar Musitov in a private household and delivered them to the Staropromyslovskiy VOVD.
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9 December 1996
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20. On 25 September 1998 the Košice Regional Court dismissed the appeal. It found that the applicant’s detention had been justified by his strange behaviour and by the doctors’ presumption that he had suffered from a mental disorder. The Regional Court considered irrelevant the applicant’s objection concerning the delay in deciding on his case at first instance and in serving the District Court’s decision of
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14 November 2002
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22. On 1 October 2003 the St. Petersburg City Court, in reply to numerous complaints by the first applicant, sent a letter informing him that on 14 November 2002 the proceedings in his case had been discontinued due to his failure to attend hearings. The City Court, explained in detail to the first applicant the various judicial avenues he could follow if he wanted to challenge the decision of
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15 September 2005
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6. On 28 April 1995 the applicant company filed a civil suit against S.M. (“the debtor”) for the payment of debt. On 2 February 2005 the Commercial Court (Trgovinski sud) in Leskovac ordered the debtor to pay to the applicant 6,590 Serbian dinars (RSD), which was approximately 82 euros (EUR) at the time of the delivery of the judgment, plus statutory default interest on account of the debt and RSD 92,442 (approximately EUR 1,154) for the costs of the civil proceedings. By
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23 November 1992
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19. The Greek Ministry transmitted the requested documents to the Law Department of the Ministry for Macedonia and Thrace on 1 December 1993. On 24 November 1994 that authority informed the Greek Ministry that the debtor had deposited 260,000 drachmas on a bank account on
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eight years
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37. On 25 November 2003 a daily newspaper, Rīgas Balss, published an article entitled “Prison Doctors Accused of Injecting AIDS”, where it was stated that “prisoner Andris M.” had lodged a complaint against Central Prison alleging that he had been infected with AIDS because of the fault of the doctors at the prison. The article also included a photograph of the applicant behind bars, in three-quarters profile, where his facial features were clearly distinguishable. It also reported that the trial had not been open to the public and further described the applicant as a recidivist, who had been convicted six times and was currently serving a prison term of
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twelve years
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7. In 1983 the applicant had a son, Leon, by a British national. He has a grandchild by this son. In 1984 the applicant had a second son, Ryan, by a second British woman. Also in 1984 he began a relationship with a third British national which lasted
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4 and 5 June 1997
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23. On 4 November 1999 the Court of Appeal upheld the lower court's judgment. The court noted that another person, S., was also suspected of having helped R. M. to murder M. and that his case had been disjoined because he was in hiding. The court also noted that, apart from the self-incriminating statement made by the applicant on
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31 July 2008
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10. On 1 August 2008 the acting head of the internal security department sent a letter to the deputy President of the Tsentralnyy District Court of Krasnoyarsk, informing her that on 31 July and 1 August 2008 the applicant’s telephone had been tapped in accordance with the urgent procedure provided for by section 8(3) of the OSAA. He then repeated verbatim the decision of
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29 June 2011
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18. In July and December 2011 the Supreme Court did not allow the Ministry of Finance to carry out an audit. Reference was made to the aforesaid judgments of the ordinary courts. On 27 February 2012 the Ministry of Finance fined the Supreme Court EUR 33,193.91 on that account. Reference was made, inter alia, to Constitutional Court decision PL. ÚS 92/2011 of
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17 May 1991
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14. On 29 August 1992 the applicant instituted civil proceedings in England for compensation against the Sheikh and the State of Kuwait in respect of injury to his physical and mental health caused by torture in Kuwait in May 1991 and threats against his life and well-being made after his return to the United Kingdom on
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nine- or ten-year-old
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32. As regards the merits, the Court of Appeal agreed with the County Court’s findings, and deemed it unnecessary to repeat the reasoning in full. It noted, inter alia:
“The [County] Court has sufficiently clearly reasoned why it considers trustworthy the victim’s statements made during the preliminary investigation, it has assessed the evidence as a whole ... and has given reasons why it does not consider trustworthy the statements given by the accused, his wife [J.V.] and witness [K.V.]. The County Court has also disproved the appellants’ arguments that the use by a
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the age of 18
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8. The applicant claimed that his home had been in the village of Marathovounos in the District of Famagusta (northern Cyprus). His family had owned considerable immovable property in northern Cyprus and was one of the wealthiest families in the village. The applicant's parents had intended to transfer to him a quarter share in their immovable properties when he reached the age of 18. However, because of the 1974 Turkish intervention this did not happen. The applicant considered that, even though the formal registration process was not completed, he had been the “beneficial owner” of the said share in the properties from
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18 July 2012
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68. On 16 December 2011 the High Court rejected an appeal by the applicant and her son against the City Court’s decision to validate the bid, as did the Appeals Leave Committee of the Supreme Court on
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15 September 1994
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10. On 1 June 1994 the Riigikogu Temporary Committee for the Investigation of the Activities of the Security and Intelligence Authorities of the USSR and Other States in Estonia submitted to the Riigikogu a draft decision proposing the Government to initiate, by
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30 March 2006
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9. On 22 April 2008 the Diyarbakır Assize Court convicted the applicant under section 7(2) of Law no. 3713. In its judgment, the court noted that the applicant had accepted that he had participated in the march and the reading out of the press statement, but denied the veracity of the allegation that he had chanted any slogan. The Assize Court found it established that the march and the gathering at which a press statement had been read out on
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18 February 2001
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166. On 14 May 2001 Mr Sh.U. was questioned again. He had found out that three armoured infantry vehicles with the registration numbers 318, 341 and 356 had been stationed in Prigorodnoye village in the morning of
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at least three months
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35. On 16 December 2004 the defence obtained an expert opinion by four doctors from the State Medical Academy of Krasnoyarsk (including one professor of medicine). The expert team examined 118 people who had participated in the “Art of Living” programmes for
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9 November 2009
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8. On 4 or 6 November 2009 the applicant was apprehended in Edirne while trying to flee to Greece illegally. Following brief periods of detention at İpsala Gendarmerie Command and Tunca Foreigners’ Admission and Accommodation Centre (“Tunca Accommodation Centre”), he was transferred to Gaziosmanpaşa Foreigners’ Admission and Accommodation Centre (“Gaziosmanpaşa Accommodation Centre”) in Kırklareli, with a view to being deported. The exact date of his transfer is unknown to the Court; while the applicant claimed that he had been transferred on
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18 October 2003
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18. It appears from the documents submitted by the Government that on 18 October 2003 Mr E. Mammadov was brought before the judge of the Narimanov District Court in connection with the charge under the CAO. According to the transcript of the hearing, the applicant admitted that he had not complied with police orders, and expressed remorse for his actions. On
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28 June 2012
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24. On 20 February 2012 the Regional Court corrected its decision of 8 February 2012 in so far as the applicant’s appeal was concerned. In particular, having established an error in its previous calculation of the applicable statutory time-limit, the Regional Court ruled that the applicant’s appeal had in fact been lodged in good time and that the proceedings on it were to continue. A. then challenged this decision by means of an appeal on points of law, but her appeal was rejected by the Supreme Court on
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12 January 1946
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24. The applicant Mr Igor Levstek is an heir of Mr I. L. and Mrs N. L., who were convicted on 12 January 1946 by the Supreme Court. Mr I. L. was sentenced to death and Mrs N. L. to 8 years' imprisonment. They were both also sentenced to forfeiture of their property to the State and stripped of their civil and political rights. The applicant Ms Silvija Oblak is an heir of Mr F. O., who was also convicted by the above-mentioned judgment of
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recent years
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42. The Government also produced extracts from a report by the chief sanitary inspector for the Vologda region, which was prepared in June 2004 for the purpose of defining new boundaries for the sanitary security zone. According to the report, Severstal was still responsible in 2004 for 94 to 97% of overall air pollution in the city. The report stated that the emissions from Severstal contained eighty different pollutant substances. Despite a significant reduction in pollution in
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twenty-one years’
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15. On 19 September 2003 the applicant made submissions before the appeal court by video link. According to the applicant, the appeal hearing lasted seven minutes, while the deliberations took only two minutes. The appeal court amended the judgment on appeal and reduced the applicant’s sentence to
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the same day
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29. The court also noted that the procedural shortcomings committed during the pre-trial investigation were not so serious as to prejudice its examination of the case. It did not specify those shortcomings. In addition to the judgment, the court on
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18 and 19 May 2006
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11. On 3 July 2006 I.A. and S.A. lodged a new revision request with the Supreme Court of Justice challenging the judgment of 27 September 1999. The request was based on Article 449 (b), (c) and (h) of the Code of Civil Procedure and the reason given in the request was that following two expert evaluations ordered by them and carried out on
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29 March 2007
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9. By letter dated 21 March 2007 the Council notified the applicant that, by reason of her rejection of its offer, pursuant to section 193 of the Housing Act its duty to her under Part VII of the 1996 Act had been discharged. By letter dated
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28 February 1994
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48. On 9 March 1994 the National Turkish Bank Association informed the public prosecutor that, pursuant to Article 83 of the Act on Banking (Bankalar Kanunu), information about private bank accounts was secret and, therefore, the prosecutor's request of
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18 July 2004
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55. On 4 June 2004, the “MRT Ministry for Education” warned the school that it would be closed down if it did not register with them, and that disciplinary measures would be taken against the head teacher. On
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some weeks back
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14. On 21 June 2000 the Vienna Court of Appeal (Oberlandesgericht) dismissed the applicant's appeal.
The Court of Appeal confirmed the Commercial Court's assessment that the publication of S.'s picture had violated his legitimate interests within the meaning of Section 78 of the Copyright Act read in conjunction with Section 7a of the Media Act. Like the Commercial Court it stressed in particular that S.'s picture had been broadcast in the context of a report on the release of another person, K., and found that S. had an evident interest not to have his picture published in that context even if his own release dating
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16 May 1990
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5. Subsequent to the failure of the General Directorate to pay the applicant the relevant fees, on 10 October 1995 the applicant filed an action with the 4th Chamber of the Istanbul Commercial Court and requested the court to order the payment of 10,279,231,935 Turkish liras (TRL), alleging that the General Directorate had failed to comply with the contract of
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three months
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39. The relevant part of section 1 of the Law on associations reads:
“(1) Polish citizens shall exercise the right of association in accordance with the Constitution ... and the legal order as specified by law.
(2) The [exercise of the] right of association may be subject only to such limitations as are prescribed by law and are necessary for ensuring the interests of national security or public order and for the protection of health and morals or for the protection of the rights and freedoms of others.
(3) Associations shall have the right to express their opinion on public matters.”
The relevant part of section 2 provides:
“(1) An association is a voluntary, self-governing, stable union pursuing non profit- making aims.
(2) An association shall freely determine its objectives, its programmes of activity and organisational structures, and shall adopt internal resolutions concerning its activity.”
The relevant part of section 8, in the version applicable at the material time, read as follows:
“(1) An association shall register, unless otherwise provided by law.
(2) Registration of an association shall be effected by the registering regional court (hereafter referred to as 'the registering court') within whose territorial jurisdiction that association has its headquarters.
(3) The regional court within whose territorial jurisdiction an association has its headquarters (hereafter referred to as 'the court') shall be competent to take the measures that are prescribed by this Law in respect of an association [for example, those listed in sections 25, 26, 28 and 29].
(4) In proceedings before it, the registering court or the court shall apply the provisions of the Code of Civil Procedure relating to non-contentious proceedings, unless otherwise provided by this Law.
(5) The activities of associations shall be supervised by [the governor of the relevant province] (referred to hereafter as 'the supervisory authority').”
Section 10, in its relevant part, provides:
“(1) An association's memorandum shall in particular specify:
(i) the name of the association which shall differentiate it from other associations, organisations or institutions;
...
(iv) the conditions for the admission of members, the procedure and grounds for the loss of membership, and the rights and obligations of members.
...
(2) An association that intends to set up regional branches shall specify in its memorandum of association the structure of the organisation and the principles on which such branches shall be formed.”
Section 12 reads as follows:
“The management committee of an association shall lodge with the relevant court an application for the registration of their association, together with a memorandum of association, a list of the founders containing their first names, surnames, dates and places of birth, their places of residence and signatures, a record of the election of the management committee and the address of their provisional headquarters.”
Section 13 stipulates:
“(1) A court dealing with an application for registration of an association shall rule on such an application promptly; a ruling should be given within
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31 May 2007
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17. On 29 January 2007 the Ardennes prefecture rejected a new request for the issuance of a residence permit to the applicants. On the same day, a further decision was delivered imposing on them an obligation to leave the country. On
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29 August 2003
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18. On 29 July 2003 the applicant’s claim was partly allowed. The Leninskyy Court found that the judgment of 22 August 2001 remained unenforced through the fault of the bailiffs and awarded the applicant UAH 1,500.36[5] in compensation for pecuniary damage and UAH 1,000[6] for non-pecuniary damage. On
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between 9 April 2002 and 3 June 2002
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39. As the District Court judge involved had retired, the case was assigned to a different judge on 4 June 2001. The newly appointed judge made inquiries as to the relevant facts on 22 March 2002 and 9 May 2002. The court received the requested items of information
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30 March 2005
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144. On 18 February 2005 a meeting was held between the head of UNFICYP’s civil affairs unit and the Undersecretary of the “TRNC” Ministry of Foreign Affairs. The former stated that the Greek Cypriot authorities’ attitude concerning their cooperation with the “TRNC” was changing and that they were planning to send the evidence through UNFICYP. He also asked the Undersecretary whether the suspects could be re-arrested and given to the Greek Cypriot authorities through UNFICYP. The Undersecretary replied that under the 1960 agreements if the suspects were Turkish, then they should be tried in a Turkish court.
(g) From the minutes of a telephone conversation on
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28 May 1998
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28. The District Court also questioned A. in the presence of a teacher. A. explained that she did not like her father, did not want to see or talk to him and wanted to have her mother's surname.
The District Court held as follows:
“In accordance with Article 66 § 4 [of the Family Code] and section 8 of ruling no. 10 of
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8 September 2002
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23. On 6 September 2002 the applicant’s journey from detention facility no. IZ-77/3 in Moscow to a correctional colony in the Stavropol Region began. On the following day he arrived in Voronezh where he was placed into a “transit” remand centre. On
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7 June 2003
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64. On 4 July 2011 the head of forensics at the Investigative Committee of the Russian Federation Prosecutor’s Office for the Chechen Republic stated that the case material in criminal case no. 24041 had revealed significant shortcomings in the way the preliminary investigative measures had been carried out. Instructions for further investigation were given to the investigator. It was requested, in particular, that all the FSB officers who had been involved in the events of
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May and June 2002
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7. On 15 May 2008 an investigating judge of the Rijeka County Court (Županijski sud u Rijeci) opened an investigation in respect of the applicant in connection with a suspicion that in April 2000 he had organised the shipment of 6.1 kilograms of heroin from the Czech Republic to Italy and that during
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20 April 2003
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32. The applicant appealed, alleging that the sole evidence of his guilt had been his confession extracted by the police under duress and in the absence of a lawyer. He submitted in particular that during the initial questioning and investigative activities he had been deprived of his medicines, and that he had not been receiving proper nutrition, water and sleep. Moreover, according to the applicant, he had been threatened with deprivation of legal assistance unless he confessed, and the police officers from time to time hit him on the back of the head with their hands or files. The applicant also insisted that he could not be regarded as having surrendered to the police under Article 96 of the CCP, as presented by the investigator, given the fact that prior to his statement in that regard he had already been arrested as a suspect. Furthermore, lawyer O. had not been allowed to see him on
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26 November 2002
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28. On 18 October 2004 the chief investigator refused to initiate criminal proceedings for the seventh time. No attempt was made to explain the discrepancy between the (initial) conclusions of the medical expert as to the assessment of the applicant’s injuries and the version of events advanced to the effect that the injuries had been inflicted on the applicant on
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29 March 1994
|
121. In response to a request for information, the Governor explained that Mrs Şen had filed a petition with the Nizip Prosecutor on 28 March 1994 concerning the abduction of her husband. A body was found on
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since 24 August 2000
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29. On the same date the head of the special police unit at the Chechen Department of the Interior issued the applicant with a certificate confirming that Aslanbek Kukayev had been an officer of that unit
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20 July 1998
|
229. Senior Detective Jacob Cornelis Peter Schultz, a police officer serving at Flierbosdreef police station, officially seized the body where it lay at 10.02 p.m. and provisionally identified it as Moravia Ramsahai’s from identity documents found in his clothing. According to a further official record, also by Senior Detective Schultz, the body was shown to Mrs Ruth Helen Versteeg-Tewari, Moravia Ramsahai’s mother, and Mr Carlitto Marciano Farook Alihusain, his cousin, on
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30 March 1993
|
6. They were both employed by Agrokomerc (“the company”), an agricultural company based in Velika Kladuša. In August 1991 the workers’ council of the company adopted a decision on the issuance of internal shares to the company’s employees as part of its reorganisation from a socially owned company into a joint-stock company under the applicable regulations. It was decided that one third of the employees’ salaries would be allocated towards instalment payments for the internal shares to be issued to them.[1] On
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28 July 2008
|
17. On 26 January 2009 the applicant’s lawyer challenged the decision of 25 July 2008 before the Kyivskyy District Court of Kharkiv. The lawyer claimed that the prosecutor’s office had failed to examine the reasons for the applicant’s change in his statements and had not scrutinised whether that change had been voluntary. He noted in that regard that the applicant was under the control of the individual against whom he had made his initial complaint. The lawyer stated that following the impugned decision the applicant had confirmed his initial allegation of ill-treatment and referred in this regard to the applicant’s statement of
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December 2002
|
8. On the applicant’s request, on 5 September 2003 the District Court changed the mode of enforcement to a cash payment. The court found that the applicant had been entitled to a three-room flat and that such a flat could cost 1,368,000 Russian roubles (RUB). The court relied on a professional evaluation of
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23 January 2001
|
15. The applicant appealed against that decision on 23 June 2000. In an order of 28 June 2000 the judge declared the appeal inadmissible, taking the view that the impugned order related simply to the conduct of the proceedings (despacho de mero expediente) and was therefore not amenable to appeal. The applicant lodged a complaint against the new order with the President of the Oporto Court of Appeal, who rejected it on
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September 1998
|
15. The IAT also dismissed the applicant’s assertion that the authorities believed her to be involved in rebel activities and to have assisted her father politically. It considered that the authorities could have arrested the applicant either during the periods outlined above or in
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2 December 1998
|
22. On 25 December 1998 the District Court remitted the case file to the prosecutor, stating that the applicant had not had enough time to read the case file because his glasses had been taken away and returned only on
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13 November 2003
|
27. On 4 December 2003 the Presidium, headed by the Judge Tkachev, quashed the judgment of 21 January 2003, as upheld on appeal, remitting the case to the first instance court for a fresh examination. The grounds for quashing were the same as in the decision of
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17 July 2006
|
23. On 6 September 2006 the Katowice Court of Appeal (Sąd Apelacyjny) dismissed the applicant’s interlocutory appeal against the Regional Court’s refusal. It held that the time-limit for filing an appeal against the Katowice Regional Court’s decision, delivered on
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the following five days
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13. On 23 December 2004 Glendale Hills CJSC informed the first applicant that her flat was situated in the expropriation zones approved by Government Decree no. 1151-N. An independent licensed organisation, Orran Ltd, had carried out a valuation of her property, in accordance with the procedure prescribed by Government Decree no. 950. According to the valuation report prepared by Orran Ltd, the sum of compensation to be paid to her was the Armenian dram equivalent of 7,000 US dollars (USD). An additional sum equivalent to USD 6,720 would be paid to her as a financial incentive, if she agreed to sign an agreement and to hand over the property within
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8 December 2003
|
19. On 26 May 2004 the Supreme Court of Justice upheld the Ministry's appeal on points of law, quashed the judgments of 27 May and 14 August 2003 and ordered a retrial of the case by the Sângerei District Court. The Supreme Court specifically mentioned in its judgment that the Ministry had lodged the appeal on points of law on
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23 March 2001
|
53. On 14 March 2001 the applicant lodged a constitutional complaint with the Federal Constitutional Court, stating:
“The proceedings at first instance before the Hanover Regional Court in case no. 20 O 186/89 have lasted since 1989 and have irreparably destroyed my existence.
I am lodging a constitutional complaint on account of an infringement of Article 2 § 1 and Article 20 § 2 of the Basic Law because the excessive length of the proceedings is no longer compatible with the rule of law and I request the Court to find a breach of the law and of Article 839 of the Civil Code in that Article 139 of the Code of Civil Procedure has not been complied with.
Evidence: Hanover Regional Court, no. 20 O 186/89. Information: no. 1 BvR 352/2000.
Please inform me if you need any other documents.”
On
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28 April 2001
|
6. As part of a further police investigation of the organised supply of heroin in Zagreb, on 27 April 2001 the Drug Suppression Unit of the Zagreb Police Department (Policijska uprava Zagrebačka, Sektor kriminalističke policije, Odjel kriminaliteta droga; hereinafter “the police”) questioned a suspect, I.G.H., who stated that he had bought heroin from the applicant. During the questioning he was assisted by lawyer H.B. The questioning of I.G.H. commenced at 11.15 p.m., after a defence lawyer appeared at the police station at 11.10 p.m., and ended on
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approximately 4 months
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44. On 29 June 2005 the Constitutional Court found that, in the period under consideration, there had been no violation of the applicant's right to a hearing without unjustified delay. The Constitutional Court acknowledged that there had been delays of
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21 June 1995
|
17. Having regard to the first applicant’s criminal conviction, which implied that he had violated public order, the Board considered that the request for a residence permit should be refused and an exclusion order imposed. It saw no merit in the first applicant’s expressions of regret nor in his arguments to the effect that his wife and two children resided in the Netherlands and that he had been working in the Netherlands since
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12 May 2002
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18. On 8 September 2002 the applicant replied that he had exhausted all available remedies at the time when he had lodged his application in 2000. He maintained that he was not required to use the newly introduced remedy as his case was pending before the Court. At the same time, the applicant admitted that the original alleged violation of his right resulting from delays in recovering the sums in question still continued and that, in the meantime, new violations had occurred as a result of the subsequent developments in his cases. He referred, in particular, to his submissions to the Court of
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the one and a half years
|
87. He had been informed of Yakup Aktaş's death by Sergeant Major Yavaş, who had telephoned him at home with the news. Yakup Aktaş had fallen ill and been taken to hospital but had died before the doctor could intervene. Upon hearing this news the witness had gone to the provincial gendarmerie headquarters. Meanwhile, he had given instructions for the public prosecutor to be informed. The provincial gendarmerie commander had also been present at the headquarters. When the public prosecutor arrived they went to the hospital. He had seen the body for the first time at the autopsy but there had been nothing that had attracted his attention. He did not think that Yakup Aktaş had been tortured because during
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27 June 1990
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9. The first applicant entered the Netherlands in October 1989. From his relationship with the second applicant, who has been lawfully residing in the Netherlands since the age of seven and holds a permanent residence permit (vestigingsvergunning), a child, Adem, was born on
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25 April 2007
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44. On 29 July 2010 the Bailiff Service found that the town council had no valid excuse for the prolonged non-enforcement of the judgment and ordered it to pay a fine for failure to enforce it within the five-day time-limit set on
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5 February 2000
|
59. On 27 March 2003 the applicant's husband complained to the Chairman of the State Duma that he had by that time applied to every possible authority in Russia and Chechnya which could help him establish his son's whereabouts, but despite these efforts and numerous witness-statements to the effect that the St. Petersburg OMON had taken his son on
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17 August 2005
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44. On 8 December 2010 the Katowice District Prosecutor charged the applicant with several counts of robbery (carjacking) committed between June and August 2005 (on 23 June, 27 June, 4 July, 5 July and
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11 September 2012
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19. On 28 April 2012 the District Court found the applicant guilty of drug trafficking and sentenced him to five years and six months’ imprisonment. The sentence was upheld on appeal by the Regional Court and became final on
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19 January 2001
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15. On the same date the prosecutor issued a decision rejecting the applicant’s complaints and informed the applicant of it. The relevant parts of the decision read as follows:
“...On 15 January 2001 A. V. Kaverzin was questioned at the regional prosecutor’s office in the course of consideration of the question of ... his placement in Kharkiv [SIZO] No. 27. During his questioning with the participation of [his] defence lawyer, A. V. Kaverzin explained that he had sustained the injuries in the course of his arrest, that he did not have any complaints against the police, [and] that he had made his first statements freely, without psychological or physical pressure on the part of the police officers.
The [police] officers ... who had taken part in the arrest of A. V. Kaverzin [were questioned and] explained that they had been aware that A. V. Kaverzin had used firearms during his attempted arrest by the police in the Khmelnytsk Region, as a result of which two police officers had died. Because of that [fact] they had been particularly cautious and when A. V. Kaverzin had attempted to resist [arrest] ... there had been measures of physical restraint and special means [of restraint], namely handcuffs, applied to him.
According to the records of the forensic examination ... dated
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28 September 1999
|
13. On 12 April 2005 the Fifth Civil Division of the Court of Cassation rejected the applicants’ requests for rectification of the decisions of 22 June 2004. However, it did not express any reason as to why it had reached a different conclusion from its previous decisions dated
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1 August 2002
|
34. During the consideration of the case in the first-instance court from 5 April 2002 until 12 January 2004, thirty-two court hearings were scheduled. Six of these were postponed because L., witnesses or the prosecutor failed to appear. On four more occasions both the prosecution and the defence had failed to appear and on three occasions the first applicant had failed to appear. The first applicant lodged twenty-five requests for the withdrawal of the presiding judge and some judges of higher courts from his case. All of his requests were rejected as unsubstantiated. One hearing was postponed at the first applicant's request and on one occasion he refused to participate in the hearing. On
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30 October 2003
|
15. On 22 November 2005 the applicant was informed by a police officer from l’Haÿ-les-Roses police station that his name was being entered in the Sex Offenders Register on account of his conviction by the Meuse Assize Court, in accordance with the transitional provisions of the above‑mentioned Law of 9 March 2004. The official notification was worded as follows:
“I, the undersigned, Mr Fabrice Gardel, hereby acknowledge that I have today been notified of my inclusion in the Sex Offenders Register on account of the [sentence] of imprisonment imposed on
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16 May 2009
|
83. Thus, on 23 March 2010 the General Prosecutor’s Office refused to extradite Ms E.P. to Moldova in connection with criminal proceedings which had been opened against her there. On several occasions the Russian police refused to institute criminal proceedings against Ms E.P. in Russia (decisions of
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up to six years
|
17. On 7 July 2009 the investigator applied to the Shevchenkivskyy Court for an order remanding the applicant in custody pending trial, stating as reasons the applicant’s previous criminal record and the severity of the alleged offence, which was punishable with imprisonment for
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16 August 2005
|
20. At 5 p.m. on that day two experts (Z.C. and G.P.) of the Forensic Institute (Институт за Судска Медицина) examined the applicant in the detention centre. In a detailed expert report dated 19 August 2005, the experts noted bruises (twenty-seven in number) on the applicant’s back, chest, stomach, both arms and legs and the left buttock (no injuries were noted on the applicant’s feet). According to the report, the bruises were mostly green and violet in colour. The report further explained that after seven days a bruise became green, and after two weeks yellow. It went on to state that:
“Having regard to (the applicant’s) statement that he had sustained the injuries while he was detained in the police station on
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12 September 2005
|
60. The Court of Appeal decided not to apply the 2005 Amendment to that part of the case. It therefore found that the limitation period in respect of the offence of theft of the FOZZ’s property of a considerable value imputed to the second applicant had expired on
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26 November 2008
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8. On 24 May 2009 the applicant arrived illegally in Bulgaria and on 7 July 2009 applied for asylum, citing his fear that if he returned to Lebanon he would be killed or ill-treated by members of the Islamic militant group Jund al‑Sham (see paragraphs 59, 60, 62, 78, 80 and 81 below). His identity was established on the basis of a certificate issued on
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between 26 January 2009 and 5 August 2010
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9. Based on the documents presented by the Prison Administration, the Government explained that during his stay in Giurgiu Prison the applicant had occupied the following cells, all non-smoking:
- cells nos. A305, A306, A328, B232, C109, C116, C126, C127, C215, C216, C225, E1.22, E3.7, E3.12, E3.24, E3.26, E3.32, E4.5, E4.14, E4.25, E4.27, E5.32, E10.8, E10.11 which each measured 17,65 sq. m and which he shared with a maximum of five other detainees,
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the end of August
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63. On 19 August 2002 the applicant was transferred to Liepāja Prison to serve his sentence, where he remained until 13 December 2002. Upon admission, he requested that he be provided with mobility assistance. He immediately received crutches. By
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the next day
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10. According to the applicant, he was handcuffed in the police station and police officers demanded that he confess. When he refused to do so, he was severely beaten several times. After each beating he was told that if he did not confess he would be subjected to further beatings. During the last beating one of the police officers, G., hit the applicant on the left ear, causing swelling and partial deafness. After the beatings, the police officers warned the applicant to “think it over” during the night, otherwise he would be beaten again
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18 February and 4 March 2009
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24. The sessions were supervised by a team of four caseworkers (a psychologist, social worker and two pedagogues), with two caseworkers present during each session. After every session the Centre’s caseworkers talked to the children and conducted a review (evalvacija) of contact with the parents. It appears from the Centre’s records of the interviews with the children that they expressed a dislike of their father and refused any contact with him. The records of
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February 1997
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24. On 16 January 1997 the District Court extended the applicant’s detention until 27 March 1997, on a request by the Regional Prosecutor of 7 January 1996, concluding that a risk still persisted that the applicant would influence witnesses. On 17
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between 1997 and 2001
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36. On 30 May 2013 the Court of Appeal quashed its own decision of 27 October 2009 in the light of the “newly discovered circumstances”. The court stated that the application had been lodged by Blasco within the statutory three-year time‑limit. On the substance, it found that the applicant company’s claims had been based only on agreements signed by Blasco’s managers
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29 November 2000
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29. On 20 July 1999 the applicant lodged a motion with the Warsaw District Court for the resumption of the proceedings. On 28 June 2000 the Warsaw District Court resumed the proceedings. A hearing was held on
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5 April 2005
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73. On three occasions in the course of the investigation (in October 2005, April 2006 and April 2007 the Town Court also separately addressed the Prosecutors’ Office instructing it to take measures in respect of the continued non-execution of the court’s instructions by the investigating authorities. Referring to the cases of Kmetty v. Hungary (cited above) and Afanasyev v. Ukraine, (no. 38722/02,
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1 July 2007
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12. However, because of his two-month hospitalisation, he was confused and was not able to fully take care of himself. He voluntarily returned to the hospital on 14 April 2007 and remained there until
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23 December 2014
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10. During his detention the applicant lost nine teeth in total. He was unable to obtain orthodontic treatment even at his own expense. He had therefore asked a fellow inmate to make him temporary metal dental prostheses to replace several teeth, but they did not fit well. On
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23 May 2000
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12. On 2 November 2000 the Izmir State Security Court discontinued the prosecution against the applicant, holding that the five year statutory time-limit laid down in Articles 102 § 4 and 104 § 2 of the Criminal Code had expired. The court noted that the offence in question had allegedly been committed in March 1995, whereas the indictment had been filed on
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December 1995
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16. On 23 April 1998 the Bavarian Social Court of Appeal (Landessozialgericht) dismissed the applicant’s appeal to the extent that his claims under the Child Benefits Act until 31 December 1995 were concerned. The Court of Appeal confirmed the lower court’s reasoning, noting that the applicant did not have a stable residence permit in 1995, as his limited residence title for exceptional purposes had had to be renewed every two years. Likewise, referring to the wide margin of appreciation of the legislature, it took the view that Section 1 § 3 of the Federal Child Benefits Act was compatible with the Basic Law. In this respect, it considered that until
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18 August 2005
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17. On 28 June 2005 the Tsentralny District Court of Kemerovo rejected the applicant’s complaint against the decision of the prosecutor’s office of the Kemerovo Region to dispense with criminal proceedings against the Mariinsk Town prosecutor. This decision was upheld on appeal by the Regional Court on
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31 August 1995
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11. On 13 April 1995 the prosecution opened a new set of criminal proceedings under the then Article 274 § 3 of the Criminal Code concerning another episode of alleged large-scale fraud and Article 316 of the Criminal Code for deliberate failure to repay loans (skolininko nesąžiningumas ir apgaulė). 15. On
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Friday 6 February
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9. The magazine's two-page colour photograph showed Mr Erignac's lifeless body lying on the ground, his face turned partly towards the camera. In the right hand corner of the picture, under the headline 'La République assassinée', the following commentary could be read:
“On this Ajaccio pavement, on
|
20 May 2004
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10. In so far as can be established from the applicant's submissions and the content of the documents in the case file, on 11 March 2004 a single judge of the District Court gave an order (uznesenie) for the applicant to be detained pending trial. The order was upheld following an interlocutory appeal (sťažnosť) by the applicant examined by the Nitra Regional Court (Krajský súd) on
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January 2001
|
97. The witness knew Serdar Tanış and Ebubekir Deniz. Serdar Tanış contacted him by telephone at the end of 2000 to ask him for help as his father had been taken into custody for providing assistance and support to a terrorist organisation. Serdar Tanış offered to provide information in exchange. The witness first met Serdar Tanış in
|
20 December 2012
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8. On 4 December 2012 the Investigation Committee decided to open a criminal file on suspicion that the applicant and his brother had committed fraud against the limited liability companies Multidisciplinary Processing (“MPK) and Yves Rocher Vostok and laundered the proceeds of illegal transactions. On
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21 and 30 July 2004
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24. On 13 June 2004 the applicant refused the assistance of his lawyer, alleging the latter’s collusion and incompetence, and on 21 July 2004 the applicant requested that the court appoint another specified lawyer to represent him. The applicant’s lawyer also sought leave to discontinue his services to the applicant, citing the latter’s offensive behaviour and defamatory statements concerning him. On
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30 August 1999
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48. In a document entitled “CPT standards” (CPT/Inf/E (2002) 1 – Rev. 2015), the CPT stated the following.
“97. Bearing in mind its preventive mandate, the CPT’s priority during visits is to seek to establish whether juveniles deprived of their liberty have been subjected to ill-treatment. Regrettably, deliberate ill-treatment of juveniles by law-enforcement officials has by no means been eradicated and remains a real concern in a number of European countries. CPT delegations continue to receive credible allegations of detained juveniles being ill-treated. The allegations often concern kicks, slaps, punches or blows with batons at the time of apprehension (even after the juvenile concerned has been brought under control), during transportation or subsequent questioning in law-enforcement establishments. It is also not uncommon for juveniles to become victims of threats or verbal abuse (including of a racist nature) whilst in the hands of law-enforcement agencies.
... 126. ... In a number of [juvenile detention centres] visited by the CPT, it was not uncommon for staff to administer a so-called ‘pedagogic slap’ or other forms of physical chastisement to juveniles who misbehaved. In this regard, the CPT recalls that corporal punishment is likely to amount to ill-treatment and must be strictly prohibited.”
The CPT also noted the following in its ninth general activity report (CPT/Inf (99) 12), dated
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26 May 2005
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19. The Constitutional Court (Fourth Chamber) rejected the complaint on 27 September 2005. It held that the complaint about the Regional Court and Supreme Court judgments of 5 February 2002 and 12 June 2003 had been lodged after the expiry of the statutory time-limit of two months. It declared manifestly ill-founded the complaint about the Supreme Court decision of
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12 February 2004
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19. On 26 May 2004 the Bailiffs' Department of the Energodar Town Department of Justice (Відділ Державної виконавчої служби міського управління юстиції в Запорізькій області – “the Bailiffs' Department”) initiated enforcement proceedings in respect of the judgment of
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15 and 21 July
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25. A report by the Balearic Islands chief of police dated 28 December 2005 explained, firstly, that the applicant had admitted working as a prostitute in the area in question, which was an activity that had given rise to numerous complaints from local residents. In that connection he considered that the sole purpose of the applicant’s complaints (including the one of 15 July) had been to allow her to pursue her occupation unhindered by the police. With regard to the identity of the officers in question, the chief of police observed that the computer records had not registered any intervention on 23 July; only those of
|
forty-eight months
|
12. By an agreement dated 17 April 1992, the applicant company leased two Boeing 737-300 aircraft from Yugoslav Airlines (JAT), the national airline of the former Yugoslavia. These were, at all material times, the only two aircraft operated by the applicant company. The lease agreement was a “dry lease without crew” for a period of
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