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10 September 2011
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18. The applicants appealed to the Migration Court (Migrationsdomstolen), maintaining that the Iraqi authorities had been and would be unable to protect them. They had contacted the police following the fire to their home and the first applicant’s business stock in 2006 and 2008 and the murder of the first and second applicants’ daughter in 2008, but thereafter they had not dared to contact the authorities owing to the risk of disclosing their residence. Together with their written submissions, they enclosed a translated written statement allegedly from a neighbour in Baghdad, who stated that a masked terrorist group had come looking for the first applicant on
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the same year
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8. On hearing about the Central Bank’s offer, the applicant’s Bank, in 1964, offered him orally the post of Chief Inspector on the condition that he followed a six-month training course in London. When the applicant returned from his training, the Bank promoted him to the lower post of Head of Department. In 1967 the Bank amended its Conditions of Service. The applicant was kept in the same grade. In
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November 2006
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42. Some of the documents related to the discovery on 10 February 2000 of three bodies in a garage near Neftyanaya Street. One body was identified as Magomed Goygov, the applicant's brother. Below is a brief summary of the documents from that file which are relevant to the present case. In addition, in
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from 2006 to 2008
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10. Based on the report issued by the Directorate of Tax Investigation, and taking into account the applicants’ objections, the Directorate of Internal Revenue, ruling on 15 May 2012, found that the applicant had failed to declare significant capital income received
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15 January 1996
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14. In a decision of 5 June 1997, investigating judge no. 5 turned down further requests by the first applicant for investigative steps to be taken as a result of her former husband’s contempt and failure to comply with the judgment of the family court on the following grounds:
“... 2. Investigative steps are taken in order to establish whether an offence has been committed. The investigation is brought to an end by a judicial decision, not at the request of a party (Article 785 Code of Criminal Procedure). 3. The inquiries made to date do not prove that A.U.A. failed to return his son to his mother at the end of the period for which he was entitled to have him to stay.
... 6. A wanted notice has been issued for A.U.A. nationally. As soon as he has been traced, final provision 19 of Institutional Law no. 1/1996 of
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30 October 1998
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9. By a ministerial decree of 28 July 1999, the appropriate authorities granted Centro Europa 7 S.r.l. a licence for nationwide terrestrial television broadcasting in accordance with Law no. 249/1997 (see paragraphs 56-61 below), authorising it to install and operate an analogue television network. The licence specified that the applicant company was entitled to three frequencies covering 80% of national territory. As regards the allocation of the frequencies, the licence referred to the national frequency-allocation plan, adopted on
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17 August 2007
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19. On 11 May 2007 the Moldovan Parliament adopted the Religious Denominations Act which eliminated, inter alia, the requirement of confirmation by the local authorities of the existence of religious denominations before they could be registered by the State authorities. The law came into force on
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, fifteen or twenty days
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13. The applicant further submitted that between 16 March and 24 April 1998 the administration had introduced a quarantine regime in the cell after one of the inmates had fallen ill with hepatitis. During that period the inmates were not allowed to use the shower facilities. After the quarantine was over, the applicant could take a shower only on very rare occasions, that is no more often than once in twelve
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19 January 2010
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55. The Government conceded that in 2007 Pleven Prison had been overcrowded. The total floor space of the prison building was 984.02 square metres. In 2007, it was occupied by six hundred and seven prisoners; in 2008, by four hundred and forty-four prisoners; in 2009, by three hundred and eighty-seven prisoners; and in 2010, by five hundred and one prisoners. The surface of the fourth floor, where Mr Yordanov was kept, was 149.88 square metres. In 2007, it was occupied by seventy-six prisoners; in 2008, by fifty-six prisoners; in 2009, by forty-two prisoners; and in 2010, by thirty-six prisoners. The Government nevertheless submitted that at that time conditions in this prison had been fully compliant with the applicable legal framework and pointed out that, while Mr Yordanov had filed six complaints with the prison authorities, he had not complained in terms of the conditions of his detention there. In reply, Mr Yordanov said that he had not made such complaints because conditions in the prison had been the same for all prisoners, but that, as evident from a complaint that he had filed on
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13 October 2006
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17. On 4 June 2007 bailiffs informed the applicant company that they had two mutually exclusive writs of execution: one concerning the judgment of 1 February 2006 and another one concerning a judgment of
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17 April 2006
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18. Following the Commercial Court’s decision of 17 September 2004 (see paragraph 10 above), the applicant lodged an objection. The hearings concerning the objection were held on 11 August 2004, 31 May 2005 and
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1 April 2001
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9. On 11 April 2002 the court allowed the applicant’s claims and ordered the company to pay the applicant UAH 30,645.53[2]. By the same judgment he was entitled to receive a monthly allowance of UAH 737.04, to be paid by the Fund as from
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the first three days
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36. From 17 to 23 March 2000 the applicant was held in solitary cell no. 3 on suspicion of having the HIV virus. The applicant submitted that the cell had been a punishment cell, located in the basement with no access to daylight or fresh air. He also submitted that he had not been given food for
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12 September 2001
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41. The court found that the applicant's guilt was confirmed by the statements of M. and Z., who had identified him as the person they had seen fighting with the victim, and by a similar statement from F., who, however, noted that he was only fifty per cent sure that it was the applicant he had seen. The court noted the schoolboys' teacher's statement to the effect that they had no mental abnormalities. The court further stated that the applicant's guilt was also confirmed by Mr G., who submitted that a password and log-in identification for each user were personal and allowed the location of the user and his correspondence with other users to be determined; by Mr B., who submitted that he was aware that the applicant had used the nickname “Spencer” on the Internet and that he had a black leather jacket; by the victim's post-mortem; by the crime scene reports; by the inspection reports concerning the victim's computer and diskettes and a computer and diskettes belonging to a certain Mr X., it was not specified who he was; by inspection reports in respect of the applicant's personal items; by references from two Internet providers; by a reference from the Internet provider MTU-Intel, stating that on
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21 November 2000
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25. At the request of the investigating judge in the criminal proceedings against the applicant, a report was drawn up concerning the applicant’s mental faculties by a psychologist and a psychiatrist on
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16 November 2017
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17. The applicant appealed against the decision of 23 October 2003 and argued that the Supreme Administrative Court’s interpretation, namely that the post in question must have been reserved only for male candidates given that there was a requirement to complete military service, ran counter to the principle of equality and the State’s positive obligation to ensure non‑discrimination between men and women. In support of her arguments, the applicant maintained that this obligation was set out not only in Article 10 of the Constitution but also in Article 2 § d of the United Nations Convention on the Elimination of All Forms of Discrimination Against Women as well as Article 3 of the International Covenant on Economic, Social and Cultural Rights. She further argued that it was of no importance to dwell on whether the post in question had been reserved for male candidates only, since such a reservation itself would be contrary to the prohibition on discrimination on the basis of sex in access to employment as set out in the relevant international instruments and European Union regulations. On
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December 2007 until December 2010
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13. On numerous occasions between December 2007 and December 2010 the applicant was held in solitary confinement in PKT punishment cells in correctional colony IK-4, Tula Region. The dates of the applicant’s stay in various PKT cells as from
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1 August 2003
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17. In an order of 14 July 2003 the district public prosecutor's office refused to completely lift the prohibition on leaving the country, as more investigative actions had to be carried out. She suspended it however for a period of one month from
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twelve years
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60. When arriving in the Netherlands the applicant had presented a identity document issued in former Zaire on 25 October 1984, indicating as his date and place of birth 2 December 1972 in Kinshasa. He had claimed to have gone to school in Kinshasa in 1978-1991. In Finland he had presented no identity document but had claimed to have been born in Gbadolite. He had allegedly gone to school for
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22 April 2004
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8. The applicant instituted proceedings in the Novogrodovskiy Town Court of the Donetsk Region against the Novogrodovskiy Town Bailiffs’ Service for failure to institute enforcement proceedings. On 13 February 2004 the Town Court rejected the applicant’s claim, finding that no fault had been committed by the Bailiffs’ Service. On
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14 November 2001
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13. Subsequently, as the length of the applicant’s detention had reached the statutory time-limit of 2 years laid down in Article 263 § 3 of the Code of Criminal Procedure (Kodeks postępowania karnego), the Regional Court applied to the Wrocław Court of Appeal asking for the applicant’s detention to be prolonged beyond that term. On
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20 November 1998
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20. On 30 September 1998 the Bardejov District Court delivered a judgment in which it dismissed the claim concerning the right to pass across a plot of land. It further decided to deal in a separate set of proceedings with the claim for restoration of a plot of land (the Bardejov District Court file No. 8C 1731/98 - see point 2 below). The judgment became final on
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20 February 2007
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94. A hearing before the Thessaloniki Court of First Instance scheduled for 24 March 2006 was adjourned. A hearing took place on 26 May 2006. On 23 July 2006 the court decided to adjourn the hearing for the same reason as previously (see paragraph 91 above). The next hearing scheduled for
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the afternoon of 27 September 2004
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47. Between 9 and 22 November 2004 the investigators questioned several residents of Nalchik: Ms M.Ch. ,Ms Z.Ch., Mr Al. Kh. and Mr An.K., whose mobile telephone numbers had been used to call Rasul Tsakoyev or receive calls from his number on
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28 March 2003
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23. The expert noted that the adoption of the Constitutional Court’s judgment of 10 January 2003 had led to “the suppression of the imposition by the CAA, in the form of an order, of the ‘annual regulation fee for transport activities’ on companies operating within civil aviation and the removal of the compulsory nature of the payment of that fee”. However, “the judgment in question had not declared that it was unlawful for the CAA to provide its services to the companies concerned on the basis of negotiated contracts”. According to the expert, the judgment indicated, on the contrary, that there was a “need for such contracts and a legal settlement of the issue in this way”. The expert assumed that the applicant had taken the latter route, “which had been suggested to him by the Constitutional Court”. That had brought him to sign the impugned contracts with Sakaeronavigatsia and Tbilisi International Airport on
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18 October 2000
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10. The Prosecutor of the Republic of Mordovia brought an application for supervisory review of the judgment. The application was dated 7 December 2000. The execution proceedings were stayed until the examination of the application. The order to stay the execution proceedings, which referred to the application for supervisory review lodged by the acting Prosecutor of the Republic of Mordovia, was dated
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approximately one week
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9. On 5 October 1977 the Kassel Regional Court, applying the criminal law relating to young offenders, convicted the applicant of attempted murder, robbery committed jointly with others, dangerous assault and blackmail and sentenced him to six years’ imprisonment. It found that
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11 or 12 September 2006
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14. An earlier attempt by the United Macedonian Organisation Ilinden (“Ilinden”), an unregistered association based in south-western Bulgaria, in an area known as the Pirin region or the geographic region of Pirin Macedonia, to organise a similar rally on
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13 September 2010
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17. From 1 to 3 June 2010 the applicant underwent medical examinations by specialists at the Central Prison Hospital where treatment and medications were prescribed for him. Due to the persistence of his health complaints (including excessive weight loss by that time, which finally amounted to 37 kilograms), on
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17 June 2010
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21. On 31 December 2009 the prosecutor decided not to initiate a criminal investigation against R.B. since no signs of a crime had been established. The applicant challenged that decision before the Ungheni District Court. On
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31 May 2001
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16. On 3 August 2001 the Bailiffs’ Service of the Leninsky District of Kharkiv (Відділ державної виконавчої служби Ленінського районного управління юстиції м. Харкова, hereafter, “the Bailiffs’ Service”) instituted enforcement proceedings in respect of the Zmiyivskyy Court’s judgment of
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the following days
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24. The Versailles Court of Appeal also set aside the judgment appealed against in so far as it had admitted the first applicant’s defence of good faith, finding as follows:
“As to the defence of good faith
... The parties agree that the newspaper Libération was pursuing a legitimate aim in informing its readers about a press conference on a subject that had taken on a national dimension on account of its developments; furthermore, [the investigating judges] have never claimed that the article’s author showed any personal animosity towards them.
In addition, it should be observed, first of all, that Article 10 § 2 of the European Convention on Human Rights provides, with regard to the freedom to hold opinions and the freedom to impart information, that the exercise of those freedoms may be subject to certain formalities, conditions, restrictions or penalties.
In the present case, the relative ‘inexperience’ alleged by the journalist, claiming that reporting on court cases was not her strong point, cannot seriously be argued since she had already dealt with this subject.
The author clearly preferred not to report on the subject in the form of an interview and opted for a compromise solution involving the use of inverted commas, which considerably facilitated her task.
She had a duty to assess the full impact of the most suggestive terms used, such as ‘bias’ and ‘farcical’, and of their visual prominence in the article.
She was not unaware of the fact that the criminal case about which the press conference was held had entered into a phase of acute conflict, involving a particularly serious attack on the investigating judges; in choosing a certain manner of informing her readers, albeit indirectly, about the status of an ongoing judicial investigation of a particularly sensitive nature, the journalist had a duty to take certain precautions and to carry out a particularly serious investigation, since she could not have been unaware of the aim pursued by the civil parties.
In particular, by distorting Dominique Matagrin’s comments, to give them a completely different emphasis, the author of the article acted irresponsibly.
Moreover, she cannot seriously claim not to have managed to get in contact with the two judges concerned: Joëlle Lecoz, an investigating judge’s assistant, has stated that she cannot remember any call from the journalist. In any event, the journalist, who had some knowledge about judicial issues, was under an obligation, in view of the deadline for the paper to go to press, to gather various items of information beforehand, even before the press conference, and also to indicate in her article that, in
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31 March 2010
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28. Mrs Gutsanova stated that her younger daughter, B., had had a stammer for which she had seen a specialised speech therapist for a year, and that she had begun stammering again following the events of
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The next day
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13. On 1 December 2004 I. called the applicant and asked to meet him. During the meeting I. offered to purchase 400 grams of the same type of drugs for LVL 2,000 (approximately EUR 2,800). The applicant told him that he was not sure whether he could supply it. I. said he wanted to pay in two instalments, and gave the applicant half the agreed sum. I. asked about a discount and the applicant lowered the price by LVL 80.
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18 October 1991
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13. On 4 February 1994 the Court of Associated Labour of the Republic of Slovenia dismissed his claim, holding that the applicant had not fulfilled the conditions under section 2(1)(2) of the Ordinance (see paragraph 22 below) because he had not reached the required retirement age by
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4 April 2003
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26. On 24 December 2004 the head of the bailiffs’ service sent another order to the Department of Border Control to restrict the applicant’s right to leave the country for another six months on the grounds that he had not voluntarily repaid the judgment debt of
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1 August 1998
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6. As the fuel allegedly belonged to a private company OPIUMIK (the “company”), officer S required the company director, Mr P, to produce a document confirming that the fuel had been acquired lawfully. Mr P submitted an invoice dated
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October 1990
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17. The applicant appealed to the Supreme Court (Högsta domstolen). She later requested, inter alia, that no further action be taken on the case pending the outcome of division proceedings which she had begun in
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5 March 2015
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21. On 5 January 2015 the District Court discontinued the proceedings again, finding that K.B.V. could have exercised her procedural rights before the French courts, submitting her written observations through her representative in the course of the appellate proceedings. This decision was overturned again by the High Court on
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a further three years
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20. On 15 June 2013 the Vila Real Court dismissed the second applicant’s action, holding that it was time-barred for being lodged outside the ten-year time-limit established under Article 1817 § 1 of the Civil Code. In addition, it noted that the second applicant had not argued that there were any factors justifying the addition of
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19 December 1989
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51. As far as the status of the Zagreb office was concerned, the intervening Government stated that at the material time the Zagreb Main Branch had existed as an integral part of the Ljubljana Bank, that there had been an institutional relationship of dependency, and that the Ljubljana Bank was liable with all its assets and with no restrictions for the Zagreb Main Branch's obligations. This state of affairs arose from the decision on the organisational structure of the Ljubljana Bank joint stock company adopted by its assembly on
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five years'
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39. On 13 December 2004 the Kotovsk Local Court of Odessa region found the applicant and six others guilty of several different crimes; in particular, the applicant was found guilty of robbery and sentenced to
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5 July 2004
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6. After a brief exchange of correspondence between Housing Cooperative X and the applicant’s Attorney B., he stated in a letter of 26 May 2004 that “[o]n behalf of [the applicant] it is hereby confirmed that it is she, not her son [Mr A] who will move into the apartment nr 2036 in Z Street 14 C as soon as it will be ready for takeover on
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September 2007
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6. On 16 October 2007 he applied to the Migration Board (Migrationsverket) for asylum. He submitted that he had lived in Kirkuk in the Tameem province in northern Iraq. He had been in a relationship with a young Sunni woman for one year. Since the woman’s brothers had not approved of him, they had kept their relationship secret. In June 2007, however, the woman’s brothers had caught them hugging and had attacked the applicant with scissors. During the attack, the woman had fled and he had not seen her since. The woman’s brothers had said that he had offended their honour and that it would only be restored if they killed him. The applicant had been hospitalised for one week and had initially been protected by the police. During that time, the woman’s brothers had burnt down his shop. They had also assaulted his father and had told him that they would cut the applicant to pieces. The applicant’s father had obeyed the brothers and had given them permission to kill the applicant if they found him. The applicant had reported the incident to the police. However, they had told him that they could not help him as it was an honour-related issue. He had then gone into hiding with relatives in another part of Kirkuk and had subsequently left Iraq in
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17 April 2006
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26. On 2 April 2007 the Bucharest Civil Court of First Instance allowed the action and the sum of RON 20,000 was awarded to N.C.I as compensation for non-pecuniary damage. It held that the applicant was liable for the way in which he had presented the above information concerning N.C.I. to journalists, who were convinced of the accuracy of his information and had published it in newspapers. The court endorsed the reasoning of the Bucharest District Court in its judgment of
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6 February 2003
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34. On 21 February 2003 the Supervision Department again decided not to proceed with the first applicant’s criminal complaint against the police officers, finding that there was no reasonable suspicion of an offence. The Supervision Department relied on the forensic biomechanics report of
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several months
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18. On 28 November 1996 the “Law on Economic Courts” entered into force. It provided for the re-organisation of the part of the judiciary system dealing with economic disputes. The re-organisation process resulted in a suspension of the hearings for
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7 March 2002
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121. On 9 September 2006 the Military Prosecutor’s Office of the UGA ordered another forensic molecular-genetic expert examination. The order read, in particular:
“During the period from 6 to 13 March 2002 servicemen from the internal troops of the Ministry of the Interior and the Ministry of the Defence, officials of the Ministry of the Interior, the Ministry of Justice and the FSB conducted a special operation in the village of Stariye Atagi... aimed at the identification, arrest and extermination of members of illegal armed groups. During the operation unidentified persons in camouflage uniform accompanied by cars and armoured vehicles abducted A. P. Akhmadov, S.-S. Kanayev, I. I. Dzhamayev, I. A. Chagayev, A. Sh. Pokayev, I. S. Magomadov, M. Kh. Isambayev, A. Sh. Baysarov, T. S. Khadzhayev, A. N. Zakayev.
In the course of the operation a house situated in Nagornaya Street was shelled and blown up, a red VAZ 21099 car with members of an illegal armed group in it was burned and crushed by an APC.
On
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10 June 1999
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16. On 21 June 1999 the assistant prosecutor of Kirov Town refused to institute criminal proceedings against the police officers. The assistant prosecutor based her findings on statements made by the police officers and Investigator B., who denied the applicant’s allegations, and on the applicant’s medical file. In particular, the assistant prosecutor stated as follows:
“...On
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the end of 1996
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20. On 24 September 1995 a meeting of the parties to the proceedings and the expert with the local planning authority was held. The parties were informed that the latest division proposal was incompatible with the current land-use plan, and that a new plan was being prepared. The proposal devised by the expert had been transmitted for consideration by the authority working on the new land-use plan. The new plan was to be adopted by
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19 March 2014
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39. At the relevant time, the fifth applicant was an employee of Belgrade Special Prison Hospital. On 20 December 2011, the applicant lodged a civil claim with the First Basic Court in Belgrade. On 23 January 2013 the First Basic Court ruled in her favour. This judgment was overturned by Belgrade Court of Appeal on
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24 November 2010
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17. On 23 April 2010 the first applicant was officially declared to have disappeared. On 25 September 2010 he was arrested by the authorities of the Canton of Basle-Rural. In a decision of 28 September 2010 the competent court of that Canton confirmed his detention pending removal until
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13 March 2001
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12. According to the Government, on 13 March 2002 the Moscow City Court sent a letter to the applicant notifying him that an appeal hearing had been listed for 10 April 2002. The Government provided the Court with a copy of that letter. The letter was not signed and bore a handwritten note indicating that it had been sent on “
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25 August 1997
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6. On 18 September 1996 the Prešov District Court (Okresný súd) pronounced the dissolution of the applicant's marriage, entrusted the child into the applicant's care and ordered Mr Š. To contribute to the child's maintenance. The judgment became final and binding on
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of 3 June 1994
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39. On 7 June 1996 the Ministry of Justice informed the Düzce public prosecutor about the application made to the former Commission by the applicant. The Ministry's letter stated that there were no documents in the investigation file showing that attempts had been made to trace the cars used in the kidnapping despite the fact that eyewitnesses had given the authorities the full registration number of one of the cars and the prefixes of the other two cars. In addition, some witnesses who lived near the spot where the three persons had been killed had stated that they had heard gun shots and that the timing of the gun shots coincided with the time of the killing. The Ministry's letter finally stated that although it was highly probable that further investigations would not produce any outcome, the investigating authorities should still take further steps in the investigation as this case would be scrutinised by the Commission which, in the past, had put prosecutors in difficulties when questioning them. The Ministry requested that the cars be traced, a check made as to whether witnesses could have heard the gun shots and whether any tyre marks had been subjected to forensic examination. It should also be confirmed with the local gendarmerie whether or not any of the witnesses had informed them on the morning
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26 March 2010
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98. On 18 January 2010 the mother of the abducted brothers, Ms A.Sh., complained to the investigators that the proceedings had been protracted and asked for access to the investigation file. Her request was refused. On
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7 September 2009
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17. On 15 June 2009, at the first creditors’ hearing, attended also by the applicant company, the Assembly of Creditors agreed that the insolvency proceedings should lead to the debtor’s bankruptcy. On
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21 March 2007
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26. On 14 March 2007 the Hessen Constitutional Court ordered the applicant to pay an advance on court fees amounting to EUR 750 and informed him that it had doubts as to the admissibility of his constitutional complaint. On
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25 December 2003
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13. On 3 November 2004 the Commission dismissed the application (се одбива барањето за пријавување) for the following reasons:
(a) the application was not submitted by an authorised person. The Commission held that it had been submitted by a certain J.N. (Bishop D.) and not by Mr Vraniškovski, who had been authorised to seek registration of the applicant association;
(b) the application for registration had been submitted outside the thirty‑day time-limit specified in section 11 (1) of the Act on Religious Communities and Religious Groups (“the 1997 Act”, see paragraph 47 below), which had started to run on
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21 April 2004
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11. On 20 September 2001 Ms S. Cıngıllıoğlu, the main shareholder of Cıngıllı Holding A.Ş., brought administrative proceedings against the Fund before the Ankara Administrative Court, seeking the annulment of the agreement to sell Demirbank to HSBC. On
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8 September and 23 November 2004
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28. In turning down the requests for release made between October 2002 and November 2004 the courts relied on the seriousness of the charges against the applicant, the lack of change in the circumstances save for the passage of time, the complexity of the case and the diligent conduct of the proceedings. In their decisions of 4 May 2004 and
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21.11. 2006
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29. Upon his return to the court building the applicant was again beaten up by police officers. Afterwards, he was transferred back to the Detention Centre, where he requested an examination by a doctor.
The following is an extract from a note in the “Health book of a detainee” (Książka Zdrowia Osadzonego”):
“
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16 February 1995
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18. On 16 February 1995 the applicant requested the Sanok Town Office to take the relevant steps in order to have the expropriation warning concerning plot no. 1681/2 deleted from the land register, submitting that the warning had become groundless. On
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1 August 2012
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50. On 8 June 2012 the Ostankinskiy District Court of Moscow dismissed complaints lodged by the applicant under Article 125 of the CCrP against the prosecutor’s decisions of 7 February and 16 March 2012. The Moscow City Court upheld the decision on
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7 March 1999
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21. On 11 December 2000 the applicant underwent a court-ordered forensic psychiatric examination. The experts concluded that the applicant suffered from chronic schizophrenia and that, according to her medical records, on
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6 September 2010
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50. In response to the Court’s request, the Government submitted a complete copy of the criminal investigation file no. 66102 (five volumes, over 1,100 pages). The investigation was adjourned on one occasion and reopened. In the latest documents the investigator summarised the findings as follows (the passage quoted below is taken from the decision of
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26 February 2004
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16. On 8 August 2002 a hearing was scheduled for 25 September 2002, which, however, was postponed. On 14 November 2003 this hearing, which also concerned the proceedings D 33/99, D165/00 and D 15/01 was held. Following the applicant's resignation from exercising his profession also this set of disciplinary proceedings was discontinued by the Disciplinary Council on
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23 May 1996
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26. The charges against the first assailant were amended on 17 June 1996 and, like the other members of the group, he was charged with hooliganism of exceptional cynicism and impudence (see paragraph 58 below). A restrictive measure was imposed on him whereby he was placed under the supervision of an inspector from the Juvenile Delinquency Unit (инспектор към Детска педагогическа стая). He was also questioned in the presence of his lawyer, pled not guilty to the offence with which he had been charged and reiterated his statement of
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7 September 2007
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18. According to the applicant, as a result of the operation, she has suffered from serious physical and mental health problems. The applicant’s psychological problems were recognised by a psychologist in a statement dated
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26 May 2010
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12. On 28 May 2010 Riga Central Prison faxed to the Riga Regional Court a copy of a medical certificate issued after the applicant had been medically examined on 26 May 2010. The handwritten medical certificate, dated
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15 October 2001
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20. On 31 January 2002 the Regional Court acquitted the defendants. It noted that the two sets of defamation proceedings related to very similar factual and legal issues. Again, as in the article “The deadly terror of virtue”, the applicant was referred to as a member of a “hunting society” which had driven P. to commit suicide. Thus, it was alleged that there was a causal link between the applicant's criticism of P.'s article and the latter's death. The considerations which had led the Court of Appeal to acquit the defendants in the first set of proceedings also applied in the present case. The Regional Court followed the appellate court's view expressed in the judgment of
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6 April 1941
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28. In a judgment of 29 May 2008 the Split County Court (Županijski sud u Splitu) reversed the first-instance judgment and dismissed the applicants’ action. It found that the applicants’ predecessors had only been in possession of the land in question (continuously and in good faith) since 1912. The forty-year time-limit for acquiring ownership by adverse possession set out in Article 1472 of the 1811 Civil Code had not therefore expired by
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10 September 2010
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27. On 27 May 2011 the registration court again refused to register the applicant association as its intended name contained the term “Bektashi”, which had already been used by another religious entity, namely the “Ehlibeyt Bektashi Religious Group of Macedonia” registered in the court register on
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4 June 2010
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9. The Regional Court considered that the requirements set up by Article 67d of the Criminal Code, read in the light of the Federal Constitutional Court’s judgment of 4 May 2011 (see paragraph 23 below), in order for retrospectively-extended preventive detention to continue, were met. It found that the applicant suffered from a mental disorder, for the purposes of section 1 (1) of the Therapy Detention Act (see paragraph 23 below). He had a personality and conduct disorder as described by the relevant tool for the classification of diseases, the International Statistical Classification of Diseases and Related Health Problems in its current version (ICD-10). The Regional Court endorsed the findings which psychiatric expert B. had made in his report dated
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22 June 1998
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10. The applicant was arrested on 29 April 1998. The police found cocaine on him. More drugs and some ammunition were discovered in his flat. On 30 April 1998 the prosecutor authorised his detention pending investigation, referring to the risk of his absconding. It was further extended on
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23 October 1995
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20. On 27 June 1995 the Lublin Regional Court summoned the applicant, the victim and his wife to a hearing to be held before that court. All summons were sent through the intermediary of the Ministry of Justice, by way of international judicial assistance. At a hearing fixed for
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5 February 2013
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112. The relevant reports by the UN agencies and international NGOs on the situation in Uzbekistan during the period 2002 to 2011 are summarised in the case of Zokhidov v. Russia (no. 67286/10, §§ 107-13,
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5 July 2007
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38. The “Wola” co-operative appealed to the Warsaw Local Government Board of Appeal. On 5 September 2007 the Board of Appeal discontinued the appeal proceedings due to lack of legal standing on the part of the “Wola” co-operative. The decision of
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the end of 1994
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14. On 7 October 1996 the investigating officers furnished the applicant with the final version of the charges. They concerned his actions as chairman of AS Giga and AS Tartu Jõujaam and as owner of the former. Under Article 148-1 § 7 of the Criminal Code (see “Relevant domestic law and practice” below) he was accused of the intentional, continuous and large-scale concealment of taxable amounts and of submitting false information on the companies' expenditure. The charges under that Article were divided into three different counts: one relating to five instances in 1993 and 1994 of the forgery and fabrication of documents intended to show commercial dealings with a fictitious company; the second to the use at
|
13 and 14 July
|
13. On 20 December 2011 the High Court (Viši sud) in Podgorica, ruling on an appeal lodged by B.Ć., quashed the previous judgment and rejected the applicants’ claim (tužba se odbacuje) as submitted out of time. The court held that
|
the night of 8 to 9 October 1998
|
17. On 22 September 2006 the Sisak County Court found both M.G. and the applicant guilty of three counts of murder motivated by personal gain and sentenced each of them to forty years’ imprisonment. The judgment also held that they had taken no less than 960,000 Croatian kuna from the house of the victims. The applicant was convicted solely on the basis of the evidence given by S.Š. The relevant part of the judgment reads:
“The first accused M.G. ...
and
The second accused Neđo Ajdarić ...
are guilty
in that they: 1. on
|
30 August 1999
|
14. On the same day the applicant's lawyer sent a letter to the Zagreb Police Department (Policijska uprava Zagrebačka “the police”) in which she informed the police of the incident and requested the information necessary for the institution of criminal proceedings. She repeated her request on
|
early February 2000
|
90. At different stages of the proceedings several orders were issued by the supervising prosecutors, enumerating the steps to be taken by the investigators. On 3 December 2001 a prosecutor from the Chechen Prosecutor’s Office ordered that all the circumstances of Yandiyev’s disappearance were to be fully investigated, those who had taken part in a special operation in Alkhan-Kala in
|
30 June 1995
|
13. Between 30 June 1995 and 7 February 1997 the first-instance court held twelve more hearings. Throughout these hearings, the applicant and his representative made written and oral submissions and requested that the applicant be released pending trial. They reiterated their submissions of
|
the past three months
|
13. On 20 August 2010 the Vilnius Regional Court extended the applicant’s detention for a further three months. It relied on essentially the same grounds as those given in its previous decision (see paragraph 10 above). However, the court held that there was no indication that the applicant might try to interfere with the criminal investigation, so it decided to strike it out from the list of grounds on which the applicant had been detained. Nevertheless, the grounds for detention listed in domestic law were alternatives – that is to say the existence of only one was enough for detention on remand to be imposed. The court also noted that in the course of
|
20 February 2007
|
16. In the proceedings before the Supreme Court of Justice, A.N. presented for the first time a copy of minutes of a meeting of the company’s shareholders which had allegedly taken place on 23 February 2007. In the new minutes the applicant was recorded as acknowledging that in the previous minutes dated
|
three years
|
17. On 11 January 1996 the Regional Investigation Service asked the Chief Prosecutor’s Office to extend the time-limit for the completion of the investigation with a further sixty days. It stated that all witnesses had already been questioned and a vast amount of accounting and other documents relating to the applicant’s criminal activity spanning over
|
24 March 2004
|
39. On 4 December 2003 the Kirovskiy District Court of Irkutsk found that the initial investigation into the applicant’s ill-treatment complaints had been incomplete, quashed the decision of 24 May 2002 and authorised further investigation. In particular, the District Court pointed out that the prosecution authorities had failed to question all inmates detained in cell no. 40 and all guards who had been present during the search. On
|
20 March 2002
|
7. At the time the complaint was lodged C.T. was a member of the Greek Parliament. In accordance with Article 62 of the Constitution, the public prosecutor asked Parliament to lift C.T.’s immunity from prosecution for breach of duty, extortion and bribery. That request was rejected on
|
26 June 1987
|
78. The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment of Punishment, which was adopted by the United Nations General Assembly on 10 December 1984 (resolution 39/46) and which entered into force on
|
1 December 2006 until 1 February 2007
|
17. On his return to the prison the applicant was seen by the prison doctor on twenty-six occasions, mostly in connection with his spinal ailment. On one occasion he was given spasmolytics for his kidney ailment. He was prescribed a supplementary diet (pojačani obrok) from
|
about two months
|
12. In an appeal of 5 August 2011, the applicant, inter alia, challenged the veracity of the evidence given by A.B. and objected to the trial court’s decision not to hear evidence from that witness in person. The applicant countered the reason given by the trial court for not requesting A.B. to come to the hearing by submitting that the witness’s psychiatric treatment was scheduled to be completed in
|
several days to two months
|
10. In the period from October 1999 to 20 October 2003 the domestic courts listed some thirty-nine hearings. Six hearings were adjourned due to the failure of the representative of the cooperative to appear or at his request. Two hearings were adjourned since Mr S. failed to appear. The domestic courts took no steps to ensure the defendants’ presence in the court. Three hearings were adjourned due to the applicant’s failure to appear or at his request. Most hearings were scheduled at intervals from
|
24 January 2005
|
13. In judgment III. ÚS 271/06 of 8 March 2007 the Constitutional Court found that by the above decision of 24 May 2005 the Supreme Court had breached the applicant’s right under Article 5 § 1 of the Convention. The Constitutional Court referred to its judgments I. ÚS 6/02 and I. ÚS 204/05 (see paragraphs 25-30 below) and held that there existed no justification for the absence of any judicial decision extending the applicant’s detention after
|
the previous ten years
|
6. On 2 June 2005 the daily newspaper Hürriyet reported statements by a senior intelligence officer, who claimed that the National Intelligence Agency of Turkey (“MİT”) had been intercepting the telephone conversations and email correspondence of a number of people on the basis of approximately ninety court decisions over
|
December 2001
|
8. On 12 March 2002 the Wrocław Regional Court partly allowed the claim and exempted the company from court fees in excess of PLN 50,000 (EUR 12,000). The court examined the profit generated by the company and found that the assets deposited in its bank account amounted to PLN 50,000. Moreover, in
|
28 April 2010
|
11. As regards the proceedings concerning the applicant’s counter-claim, several hearings were held. Following another remittal by the Regional Court, the District Court finally accepted the applicant’s counter-claim on
|
seven years old
|
17. On 22 August 2011 the applicant’s sons were questioned at the premises of the Kaunas police. The records indicate that persons who arrived at the police station were: a Kaunas City District Court judge, the prosecutor, the pre-trial investigator, a representative of the child welfare authority, a psychologist from Kaunas police and the boys’ mother, V.K. Those people agreed that the boys would be questioned and that a video and audio recording would be made. The questioning itself took place in a special room for the questioning of children (vaikų apklausos kambarys); the boys were questioned by the psychologist, and it appears that no other person was in that room during the boys’ questioning. The psychologist assured the boys that the content of their testimony would be known only to the judge. The boys described the details of how the applicant had sexually abused them in 2009. One of them, Ro.K., who at that time was
|
between August 1996 and December 2000
|
16. The applicant provided the Court with a copy of the decision delivered by the Town Court on 17 October 2001 in a case of a certain M., who had claimed from the district administration salary arrears due to his wife. He submitted that his wife had been killed in April 2001 and that he was in a very difficult financial situation because he had borrowed money to bury her. The Town Court restored the time-limit for lodging his claim and examined it on the merits. It held as follows:
“... the court finds that the plaintiff missed the time-limit for a valid reason, because no courts were functioning in Chechnya
|
11 September 2000
|
18. In a judgment of 14 February 2003 the Pomorie District Court found the applicant guilty of having, in the printed press, disseminated injurious statements of fact about Ms T.K., Ms A.M., Mr R.E. and Mr G.D., officials carrying out their duties, contrary to Article 148 §§ 1 (2) and (3) and 2 taken in conjunction with Article 147 § 1 of the Criminal Code. The court acquitted the applicant of the charges of having imputed offences to them and of having committed the offence in public, contrary to Article 148 §§ 1 (1) and 2 of the Code. It applied Article 78a of the Code (see paragraph 32 below) and replaced the applicant’s criminal liability with four administrative fines of BGN 500 each. The court further ordered the applicant to pay each of the complainants compensation for non‑pecuniary damage amounting to BGN 100, plus interest from
|
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