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February and March 1999
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6. On 25 October 2000 the local prosecutor's office instituted criminal proceedings against the applicant, charging him with abuse of authority and forgery. It was alleged, in particular, that during
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14 January 2004
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48. On 23 March 2004 a certain Ms M. gave the investigators a written statement which was appended to case file no. 30012. Ms M. stated, in particular, that she traded food at a market in Altayskaya Street, opposite the MVD. On
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10 November 2010
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19. Further to its earlier decision granting the parents alternating custody of the second applicant, the Prague 10 District Court reconsidered the matter in the light of new developments in the case, especially the child’s abduction by B., his retention in Ukraine, and the first applicant’s lack of access to the child. On
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21 April 1998
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11. On 27 January 1997 the applicant instituted civil proceedings in the Ljubljana District Court against the Republic of Slovenia seeking damages in the amount of 34,740,000 Slovenian tolars (approximately 145,000 euros) for damages sustained due to excessive length of proceedings concerning the nuisance claim and interim measure.
On
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four years and six months’
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15. In 2006 the trial court held 18 hearings. On 31 January 2007 it gave a judgment. The applicant was convicted of membership of an organised criminal gang involved in stealing cars and of having stolen three Jaguars. He was sentenced to
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the first twenty-seven days of
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29. According to the European Perinatal Health Report on the health and care of pregnant women and babies in Europe in 2010, issued in 2013 within the framework of the activities of the Euro-Peristat Project, the Czech Republic was among the countries with the lowest mortality rate for newborns in
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October 1999
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75. On 29 March 2002 the Council of Ministers adopted a “decision of principle” stating that the gold mine situated in the vicinity of Ovacık and Çamköy, in the district of Bergama (İzmir) and belonging to the company Normandy Madencilik A.Ş., could continue its activities. The decision was not made public. At the Court’s request, the Government sent the Court the text of the decision, which reads as follows:
“According to the reports drawn up hitherto, it has been established that the gold mine situated in the vicinity of Ovacık and Çamköy, in the district of Bergama (İzmir), is a mining concern which contains mineral reserves amounting to 24 tonnes of gold and 24 tonnes of silver, provides employment for 362 persons and is worth 1,200 million United States dollars [USD] in added value to our country, including USD 280 million of direct revenue.
It has been established that the decision to be taken in respect of this investment is of some importance, in that it will pave the way for six other gold mines. These mines, which have been located through prospecting costing a total of USD 200 million, will, with an investment of USD 500 million, create 1,450 jobs and be worth USD 2,500 million to the economy in direct terms and USD 10,000 million indirectly.
Furthermore, according to experts in this field, our country has more than 6,500 tonnes of potential gold deposits, which represents a market value of USD 70,000 million, or USD 300,000 million taking added value into account.
According to the report prepared by the ten scientists from the Turkish Institute of Scientific and Technical Research in
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thirteen to seventeen days
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20. The first-instance courts found that the applicants had participated in unauthorised demonstrations. The applicants were convicted under Article 298.2 of the CAO and sentenced to a period of administrative detention, varying from
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the same day
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22. On 21 October 2008 the first applicant began a hunger strike to protest against the non-enforcement of the court order of 25 September 2008. In particular, and in line with that order, he requested a transfer to a specialised medical setting for diagnostic examinations, and denounced the fact that, despite his very critical condition, he was detained in a closed, “cellar-type” establishment. On
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25 August 2003
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18. The above decision was not served on the applicant. In 2003 the Centre instituted proceedings for the adoption of A. of its own motion, without the applicant’s knowledge. On 21 August 2003 M.B., as A.’s guardian, gave her consent to the adoption. The Government submitted that on
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the following day
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51. On 24 August 2009 Mr M. was questioned. He worked at a service station in Grozny. On 28 June 2009 at approximately 11 a.m. a white GAZ‑3102 car bearing the registration plates of Mr Z. Kh.’s car had entered the station. Soon afterwards a man wearing a black uniform and armed with a Kalashnikov submachine gun had entered the service station. He had aimed the gun at them and told Mr M. to lie on the floor. He had then taken the driver outside and made him lie down on the ground. Mr M. could hear screaming in Chechen outside and from the talking of approximately six armed men he had grasped that they were tying down a guy who was resisting them. The man in the black uniform had returned and asked for a piece of wire. Mr M. had understood that the men had used it to tie the hands of the passenger in the GAZ-3102 car. At some point he had heard two shots. The men then left in two white Lada Priora cars, taking with them both the passenger and the driver. Later, officers from the checkpoint near the service station had removed the GAZ-3102 car. Later that day and
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14 May 2002
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20. The hearings on the merits were to be held at the detention centre of the Ministry of Justice. However, on 13 May 2002 the Court of Appeal changed the location of the hearings to Gobustan Prison since, as explained by the court, repair works were being carried out in the Ministry's detention centre. The applicant protested against this decision by refusing to attend any court hearings held in Gobustan Prison. On
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11 April 2002
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21. On 16 January 2003 the applicant requested the Town Court to reinstate the time-limit for lodging an appeal against the decision of 11 April 2002. In her appeal she claimed that she had failed to appear at two hearings because she had not been duly notified of them and that she had not received a copy of the decision of
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12 September 2007
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31. By a judgment of 20 May 2008 the trial court, sitting as a single‑judge (Judge D.G.I.), had found the applicant guilty of making defamatory allegations about the then Minister for Transportation and Communications regarding the public sale of the same State-owned land subject to application no. 24133/13 above. The applicant was convicted and fined EUR 1,000 for the following statement, which was made at a press conference on
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3 November 1991
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46. In a judgment of 6 May 2005 the Municipal Court established that M.S. had been arrested by the police and alive while in police custody and that therefore the State was responsible for his disappearance and death. It awarded the applicants each 230,000 Croatian kunas (HRK) for non-pecuniary damage in respect of their suffering for the death of a close relative, and also a monthly allowance to the first applicant until her death and to the second and third applicants for as long as they attended school. The relevant part of the judgment reads:
“... the arrest warrant issued by the Otočac police station on
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6 November 2012
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34. On 9 August 2012 the Basmannyy District Court examined a request for an extension of the applicant’s pre-trial detention. The applicant objected, having reiterated his request for an alternative preventive measure. On the same day the court extended the applicant’s pre-trial detention until
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16 December 2002
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22. The applicant duly lodged an appeal on the jurisdiction point. For unknown reasons, matters proceeded more slowly than the parties had expected and the September confiscation hearing did not go ahead. A further judgment in a similar appeal was handed down by the Court of Appeal on
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18 January 2000
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22. On 27 December 1999 the applicant’s lawyer appealed against this detention order, stating that the latter had been taken in the applicant’s absence, that the judge who had taken it had no time to acquaint himself with the criminal case file, and that the detention was authorised for an indefinite period of time. By a final decision of
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10 November 1995
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68. It is stated in this letter that there is no record of Ferhat Tepe’s having been taken into custody in Bitlis. According to the evidence given by the witnesses, Ferhat met a man in the Şemsi Bitlis Primary School yard and left the premises with that man arm in arm, without any force being used. It is also noted that, according to the autopsy report and the photos taken when Ferhat was found, there were no traces of ill-treatment and no blood stains on his body or his clothes, contrary to the allegations.
(xxii) Letter of
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10 October 1973
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10. The applicant specified that the property described in paragraph 8 (a) above had originally belonged to her father, Mr Kyriakos Yianni Anatolitis. On 7 August 1980 he had transferred ownership to the applicant by way of gift (Declaration of transfer no. D 5316/80). The half share of the building site described in paragraph 8 (b) above had been purchased by the applicant on
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25 and 26 June 2004
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21. In the course of the proceedings before the Assize Court, the applicant proclaimed his innocence and denied having been involved in any murder. In particular, he testified that he had not known about the robbery and murder of the two victims, and had not participated in the crime. In this connection, he stated that he had not conducted surveillance over the victims’ arrival to their house by car or had not participated in any other form in the commission of the crime. He further stated that he had only learned about what had happened subsequently, during a conversation with another accused, P.M., but had not informed anyone about it because he had been afraid. As regards his statements made during the investigation on
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23 November 2007
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36. On 9 December 2007 the investigators questioned Ingushetia Deputy Minister of the Interior A. Kh., who stated that he was in charge of the security of the administrative border of Ingushetia. To his knowledge, the hotel’s police security service had consisted of officers from the Special Task Unit, in view of the fact that high-ranking law-enforcement officials were staying at the hotel, including two Deputy Ministers of the Interior, Mr Seliverstov and Mr Selivanov. He had called the police officers off duty from the hotel on the evening of
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5 August 2009
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10. On 20 July 2009 the Diyarbakır Assize Court held that the application of Article 231 of the Code of Criminal Procedure in the case was in line with the domestic law, and rejected the applicants’ objection without examining the merits of the case. That decision was served on the applicants on
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1 April 2003
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43. On 7 April 2003 the applicant appealed against the decision of 1 April 2003. It can be seen from a copy of the appeal that the remand prison administration registered it in the record of outgoing correspondence under no. 0-5742. The applicant claims that he was not informed of the decision taken on his appeal. The Government stated that the applicant had not lodged any appeal against the detention order of
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3 July 2009
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17. The applicant appealed to the Migration Court of Appeal, relying on the same grounds as previously. She added that the President of the Franciscan JPIC had been granted asylum in Italy and that the Vice-President had been granted asylum in Canada. She submitted:
“14. A medical certificate dated
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29 November 2004
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57. The Government furnished copies of interview records of victims and witnesses in criminal case no. 33706 opened into the robbery of Salambek Alapayev's colleagues from the company “Med-Intel” in Nazran, Ingushetiya. From those documents it follows that on
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5 April 2009
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69. The court found that the threshold criteria for the making of a final care order (see paragraph 93 below) had been established, in light of the parents exposing K. to domestic violence and alcohol misuse causing him emotional and physical harm. It considered its range of powers and the need for a care order, referring to section 1 of the Children’s Act 1989 (see paragraph 97 below) and emphasising that the child’s welfare was the paramount consideration. It continued:
“In determining the child’s welfare we have considered the welfare checklist. We have referred to the welfare consideration in the Children’s Guardian’s report and consider this to be comprehensive. We accept the welfare aspects but consequent upon the late position statement by mother, dated
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the following day
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17. On 16 December 1998 the adjudication reconvened. The applicant made written representations in which he admitted telling a prison officer that he had caused the fire by throwing a lighted taper on the bed. However, he explained that that was untrue and that he believed his cell had been deliberately set on fire by other prisoners who thought that he was an informant. He had not explained this to the prison officers at the time as he was in the presence of other prisoners and he feared reprisals. He consistently maintained throughout the hearing that he had not started the fire. He cross-examined various witnesses called by the governor. The hearing continued
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19 April 2005
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24. The applicant appealed, claiming that the town court had failed properly to assess the evidence in the case. V. had not been heard during the trial, despite the fact that he had accompanied the applicant throughout the day and evening of
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11 May 2004
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12. Two expert reports ordered by the Supreme Military Administrative Court were added to the case file. The first, dated 12 March 2004, established a 5% disability. The second, dated 30 April 2004 and communicated to the applicant on
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12 January 2012
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28. The PPS decided not to act upon the petition, on the grounds that the mother’s appeal on points of law and her later petition for reopening (see paragraphs 29 et seq. below) were still pending, these remedies having precedence over an extraordinary appeal on points of law. This position was upheld in a letter of the Bratislava Regional Office of the PPS of
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24 March 2010
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26. In reply to a request by the Court for a copy of the documents which served as the basis for the decision to exclude the applicant, the Government only furnished a thirteen-page copy of the transcript of the hearing of the applicant’s appeal by the Krasnodar Regional Court on
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14 April 2009
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41. Whether the conditions for ordering compulsory sale had been fulfilled essentially depended on whether substantial default and conduct in breach of section 5-23 had materialised at the time when the order of sale was issued (namely
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10 March 2005
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47. As regards the events of 8 March 2005, Yusupov gave the following statement:
“... On 8 March 2005 at around 9 o’clock I was sitting with my wife and daughter in the kitchen when armed men entered by the yard and started shouting: ‘Come out with raised hands one by one’. My wife and daughter and I came out and they asked me whether there were any strangers in the house. I told them that my cousin Ilyas was there, whereupon he came out. Then I was asked whether the building had any cellars, and I showed them the cellar situated under the new house, which is accessed through the new house. They then started a search and in the old house they found the entrance to the cellar in which Aslan Maskhadov, Vakhid and Viskhan were staying. The servicemen blew up the entrance to the cellar and, as a result, the entrance became obstructed. They then started digging underneath and one of them shouted: ‘I see a corpse!’. They started shouting through the hole they had made to see whether there was anyone alive in there and some time later I saw them taking Vakhid and Viskhan out of the old house.”
(b) Record of interview with V.U. Khadzhimuradov dated
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three weeks
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23. The agreement was further modified by the parties on 29 September 2009 by extending the amount of time the applicant could spend with his child. It was agreed that the applicant would spend two weekends per month from Friday to Sunday with his son, as well as
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4 April 2006
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41. Police officer A.A., interviewed as a witness on 2 February 2007, submitted that on 3 April 2006 he had participated in the arrest of a number of presumed members of illegal armed groups, including Khamzat Tushayev. A film crew from the Ministry of the Interior had been present and filmed the arrestees. On
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31 January 1996
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31. In September 1995 S. returned to live with her maternal grandmother. According to the Child Welfare Board, one of the reasons for this was the distress caused to the family of her uncle, Mr J.R., by the applicant’s seeking access to S. On
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from 17 December 2004 to 9 February 2005
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42. According to a certificate of 23 November 2005 issued by the facility administration, produced by the Government, from 16 to 17 December 2004 and from 9 to 10 February 2005 the applicant was kept in cell no. 511. The cell measured 9.7 sq. m, was equipped with five bunks and accommodated three or four inmates. Cell no. 100 – where the applicant was held
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29 October 2007
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27. In the absence of a reply, on 3 January 2008 the applicant sent an e-mail to the Romanian Consulate in Rome asking for support in obtaining information on the matter. By letter of 17 January 2008, the General Division of Consular Affairs of the Romanian Ministry of Foreign Affairs informed the applicant that a favourable decision on his application had been taken on
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nine to ten days
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26. According to the official prison records, the applicant was found injured by a guard and immediately taken to the prison infirmary, where he refused to be bandaged. As a consequence, he was immediately taken to a civilian hospital. Later on, he was also examined by a forensic doctor, who confirmed the existence of lesions and established that the applicant needed
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17 February 2004
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12. On 17 February 2004 the Town Court allowed the second applicant's claim for recovery of RUB 21,002.82 in arrears relating to a disability allowance and dismissed her claim for an adjustment of the allowance. On 6 April 2004 the Regional Court upheld the judgment of
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November 1997
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21. Also on 4 September 1998, the Constitutional Court dismissed the applicant’s complaint against the Supreme Court’s decision of 5 March 1998. It found that the Court of Appeal had rightly noted that the applicant’s first request for legal aid had, on the basis of his own submissions, been dismissed on the ground that he was not indigent. It added that, even conceding that the applicant lost his income on account of his detention, he had considerable assets and had admitted it. The assumption that he was not indigent was confirmed by the fact that at the time he was represented by two counsel of his own choosing in a second set of criminal proceedings. Moreover, the applicant’s financial situation had become transparent only after the expert opinion had been filed in
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75-year-old
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16. The applicant made habeas corpus requests on 5, 13 and 19 October, 2 November and 29 December 2004 and 22 February, 23 June and 20 September 2005. He relied on the following elements: his poor state of health; the fact that he had no criminal record; his impeccable reputation as a doctor of economics and a university lecturer; the fact that his identity documents had been seized by the prosecuting authorities so that he could not leave the country; the fact that his family and permanent residence were in Chişinău; the fact that he was supporting his
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14 September 1999
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30. On 17 September 1999 the Supreme Court granted the Warsaw Regional Court’s request and extended the applicant’s detention. The Supreme Court considered that, in view of the importance of the psychiatric observation of Z.R.R., a further extension of the date for the trial to end and, in consequence, of the applicant’s detention, was fully justified. The court held that, from the point of view of “general and specific grounds for detention”, there were valid reasons for keeping all defendants in custody. It was not explained, however, which particular grounds listed in the relevant provisions applied in the case. Referring briefly to the applicant’s pleadings of
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between 1985 and 1990
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35. A report on the applicant’s personal circumstances prepared by the Novska police on 24 April 2002 indicated that the applicant was a national of the Federal Republic of Yugoslavia (Serbia and Montenegro – hereinafter “the FRY”). According to the report, the applicant had settled in Novska in 1979 and had first worked in the garage of Z.A. until 1984; and then,
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more than 12 years
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50. On 26 October 1993 the applicant appealed to the Regional Court stating that he was a political emigrant and could not return to Iraq and that his passport had been confiscated by the Bulgarian authorities. Furthermore, he had been living in Bulgaria for
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9 July 2000
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24. According to the applicant, he was given no water or food during his detention in the Znamenskiy district police station's KAZ from 8 to 12 July 2000 inclusive. His relatives were allowed to pass him only water and tea in two 1.5 l bottles on
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fifteen years
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8. The applicant was convicted in 1975 for the murder of a policeman and attempted murder of two other policemen arising out of an incident in the early hours of 6 July 1974 when, on being stopped by the police, he had pulled out a pistol and shot all three officers. He was sentenced to mandatory life imprisonment for the murder and to two concurrent terms of
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15 July 2005
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19. In a decision of 11 August 2005, following an appeal lodged by the applicant on 18 July 2005 against the order of 8 July 2005, the Conseil d’Etat held in the following terms that it was unnecessary to give a ruling:
“...
... Mr Asebeha Gaberamadhien ... lodged an application with the European Court of Human Rights which, in a decision of
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23 December 1996
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16. On 22 July 1996 the applicant appealed the judgment. On 5 August 1996 the files were transferred to the Administrative Court of Appeal. On 22 October 1996 the reasoning of the appeal was submitted. On
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October 2009
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38. Seeing that the travel bans were contingent on the judicial rehabilitation of the second and the fourth applicants, these measures apparently would have lasted at least until October 2010 for the second applicant and until an unknown date in 2011 for the fourth applicant (see paragraph 46 below). However, in
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between 26 June and 2 July
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23. The applicant was detained in Székesfehérvár Prison from 9 June to 7 September 2012. During that time he was held in a cell measuring 41.09 sq. m with eighteen sleeping places. On 31 July 2012 there were eight inmates (5.1 sq. m per person); on 9 June,
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20 February 1979
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28. On or about 15 January 1979, L. left home after an argument with her mother about going out at night and was brought back by the police who referred the matter to the social services. After discussion with the mother, L. was taken into care by the social services until
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1 February 2006
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22. On 10 November 2006 the Sevastopol Commercial Court of Appeal upheld the above judgment. As to the applicant company’s objections, it stated that it was the IRC State Enterprise, and not the UVG, which should have been the proper respondent (counterclaimant) in the case when the judgment of
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3 October 2006
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23. In respect of the applicant’s subsequent complaint filed under the 2004 Act, this time against the enforcement proceedings brought by the bailiff, the Katowice Regional Court acknowledged that the impugned proceedings were unduly lengthy and awarded the applicant the sum of PLN 5,000 in damages in a decision of
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19 October 1999
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151. In a letter of 16 May 2003 the district prosecutor’s office forwarded to the military prosecutor’s office of the United Group Alignment medical certificates attesting the injuries received by residents of Urus-Martan during the attack of
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2 April 2003
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39. On 26 February 2007 the second applicant again wrote to the district prosecutor. He stated that in spite of the numerous pieces of evidence, such as the cartridge cases left by the perpetrators, the APCs and the fact that on
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the same day
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13. In the afternoon of 10 July 1993 the applicant’s son, Ferhat Tepe, born in 1974 and working as a reporter for the Özgür Gündem newspaper in Bitlis, was taken into police custody. No reasons were given for his arrest. He was released
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7 July 2004
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12. The Sheriff’s decision on the application to vary the July 2004 interlocutor was issued on 22 January 2010. He considered that having regard to S.’s age, the history of the case and the influences at work on S., he would derive no benefit from contact in such circumstances. The Sheriff therefore concluded that there had been a material change in circumstances since the interlocutor of
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18 December 1997
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10. The applicant was taken to St Tydfil's hospital, less than a mile away from his mother's home, where he was detained pursuant to section 136(2) of the 1983 Act and, subsequently, section 2 of the 1983 Act until
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December 2002
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7. The first and second applicants are the parents of Mr Rizvan Umtazhovich Ibragimov, born in 1977, and of the third, fourth, fifth and sixth applicants. At the material time the Ibragimovs lived at 26 Bezymyannaya Street, Urus-Martan, the Chechen Republic. Their house had burned down, and the family lived in a refurbished cattle shed consisting of two rooms. Since 1999 Rizvan Ibragimov had been working as a construction worker in the town of Malgobek, Ingushetiya. In
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9 December 2005
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31. From 7 October 2004 to 28 February 2005 the applicant familiarised himself with the case file. On the latter date the District Court, alleging the applicant’s abuse of this right, terminated the applicant’s study of the case file. On
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8 December 1998
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36. On 19 February 1999 thirty-seven members of parliament requested the Constitutional Court to give an interpretation of Article 102(i) of the Constitution concerning the President’s right to grant an amnesty. They argued that the quashing of a presidential decision on amnesty had no legal basis. The alleged reason for the decision of
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12 January 1999
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32. On 24 November 1998 the applicant company applied to a bench of the Ukrainian Supreme Arbitration Tribunal seeking revision under the “supervisory review” procedure of the judgments concerning it. In two judgments of
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16 August 2001
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29. In its judgment, the Court of Appeal agreed that both L. and the applicant were fit to have custody: nothing suggested that they would not be fit. Given the ages of the children, it considered that their view had to be taken into account, but it was also evident that the strained relationship and litigation between the applicant and B., and later on L., had had influence on their view. It considered that the negative attitude towards meeting with the applicant was based on the fear of having to move to Switzerland. Nothing suggested that the children feared the applicant as such. Although the children were as mature as other children their age, they could not however be given the absolute right to decide on their future, particularly in light of their extremely difficult situation at that time. Notwithstanding the law on enforcement, the court did not consider that in deciding on custody it was bound to follow the opinion even of a child aged 12 or more. Concluding that the decision should be based on what was in their best interests, it found that the relationship between the children and the applicant was very important for a well-balanced development. It furthermore found that the fact that the applicant had said that he would allow the children to keep in touch with L. was in the best interests of the children. While it was true that the children appeared closer to L. and their environment (including their home, school, hobbies and close personal relations) would stay the same if custody was awarded to L., the Court of Appeal concluded, nonetheless, that the children’s views did not correspond to their best interests. A situation which would lead the children and the applicant drift further apart was not in their best interests. Accordingly, it ordered that the applicant be awarded custody from
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1 March 1998
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14. In an order of 24 January 1997 a judge of the Oporto Criminal Court decided that, in accordance with the relevant legislation, the mandatory periodic review of the applicant's detention should take place on
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22 March 2018
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58. For its part, the Belgian State appealed against the same judgment on 19 February 2018, arguing that the applicant’s complaints were inadmissible and/or ill-founded. A preliminary hearing was held before the Brussels Court of Appeal on
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13 August 2004
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9. In 2004 the applicant instituted civil proceedings in the Krasnyy Luch Court against the Bailiffs for their omissions in enforcing the court judgment of 9 October 1998. On 13 August 2004 the court dismissed his claims, having found no such omissions. On 1 December 2004 the Krasnyy Luch Court returned the applicant's appeal against the ruling of
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13 May 2009
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53. On 15 July 2009 the Chief Inspector of Construction Supervision, considering that the Regional Administrative Court’s judgment of 23 February 2009 had become enforceable on 19 May 2009, quashed the Regional Building Inspector’s decision of
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four years’
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13. On the basis of the above evidence, the court found the applicant guilty of having sold cannabis to B. on 29 January 2005. As regards the alleged incitement, the court considered that S.’s testimonies concerning the threats received by the applicant were an attempt to help her and decided that there was insufficient evidence of any threats or pressure on the applicant to sell drugs. The court convicted the applicant on a conspiracy charge involving plans to sell a particularly large consignment of narcotic drugs under Article 228.1 § 3 (статья 228.1 ч 3 «г») of the Criminal Code and sentenced her to
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3 November 2000
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104. On 2 November 2000 the unidentified corpse of a man was found in a forest in the Tarashcha district. The law enforcement authorities were informed about this and immediately went to the site. On
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20 April 1999
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9. On 15 April 1999 the applicant was reprimanded in writing by her employer for failing to observe the company’s general regulation no. 14 § 2, which required her to protect her employer’s good name (see paragraph 18 below). The applicant argued in her appeal of
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the following day
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59. On 2 February 2000 at 11 p.m., Meliha Dal and Hüsna and Halise Acar watched a news broadcast on the NTV television channel. The newsreader announced that four persons had been apprehended in Diyarbakır, one of whom was named Mehmet Salim Acar. Pictures of the apprehended men were shown and all three of them recognised Mehmet Salim Acar. The three women continued to watch the news all night and saw him again on
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10 May 2011
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16. On 10 April 2013 the Migration Board dismissed the applicant’s request for asylum and ordered him to leave Switzerland by 7 June 2013. The Migration Board reasoned that the applicant’s statement of facts was not credible as his descriptions of the events in Iran had not been consistent during the two hearings. The descriptions diverged considerably from each other with regard to decisive points of the applicant’s story. During the first hearing, the applicant had neither mentioned the appearance of the Ettelaad security forces at his parents’ house, nor had he mentioned the house search, nor the fact that it had been the Ettelaad who had issued a summons directly at his parents’ house on
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14 October 2009
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22. On 31 March 2010 the Constitutional Court declared the complaint inadmissible.
In so far as the complaint related to the Trnava District Court, it was inadmissible as the matter was considered a res iudicata by force of the Constitutional Court’s decision of
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23 June and 6 December 2005
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15. On 10 March 2005 the Vrhnika Local Court ordered company K. to specify the monetary value of the claim and, on 7 April 2005, declared lack of jurisdiction to adjudicate the case and referred it to the Ljubljana District Court. On
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27 February 2006
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27. The applicant did not attempt to appeal against the Cypriot judgment in the Cypriot courts. However, he lodged an interlocutory appeal (blakus sūdzība) against the order of 27 February 2006 with the Riga Regional Court, while asking the Latgale District Court to extend the time allowed for lodging the appeal. Arguing that there was nothing in the case file to confirm that he had been given notice of the hearing of
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25 January 1996
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12. The Regional Court held a hearing on 11 January 1996. It completed the examination of the case and informed the parties that it would pronounce its judgment on 25 January 1996. Subsequently, the applicant submitted pleadings containing motions concerning evidence. On
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January/February 1997
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22. In or around November 1996 the President of the High Court gave directions that all complaints about delays in proceedings should be forwarded to him. A memorandum of the President of the High Court published in the Bar Review of
|
twenty days’
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33. On 6 March 1997 the High Court gave judgment convicting the applicants of tarnishing the honour of the chief superintendent by making and spreading allegations of an act likely to disparage him in the eyes of his fellow citizens, under Article 267 § 1 of the Penal Code. The allegations were declared null and void. The applicants were each sentenced to twenty day-fines of DKK 400 (or
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2 October 1998
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7. During initial questioning on 10 November 1998 the applicant confessed that on 19 August 1998 he and other suspects had killed Mrs C. (hereinafter “victim C.”) whilst under the influence of alcohol. He also confessed that on
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the end of May 2000
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36. S.Z., who had been seconded as an investigator at the Oktyabrskiy VOVD between 11 May and 27 August 2000 was questioned as a witness in July 2001. He confirmed that he had talked to the second applicant about the disappearance of his daughter on several occasions. At
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22 April 2002
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60. In a complaint of 26 November 2002 the applicant alleged a violation of his right to judicial protection in that the Supreme Court had not delivered a formal decision on his appeal on points of law of
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8 August 2003
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34. On 19 May 2003, the applicant was placed in aliens' detention for removal purposes. On 17 June 2003, following a hearing held on 27 May 2003, the Regional Court of The Hague dismissed the applicant's appeal against the decision to place him in aliens' detention and his compensation claim. On
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November 2009
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9. The applicant appealed to the Migration Court (Migrationsdomstolen) which held an oral hearing in the case on 18 May 2010. At the hearing the applicant made, inter alia, the following additional submissions. Fedayeen had fought against the American invasion of Iraq and many Americans had died during the fighting. Fedayeen was therefore generally hated by the Americans but also by the Iraqi population who saw it as an oppressor organisation. He had served as bodyguard for a colonel and had in that capacity accompanied him at visits to Saddam Hussein. After the fall of the regime of Saddam Hussein, the applicant and his colleagues had been attacked in their homes by American troops and the Badr militia. He could not seek protection from the Iraqi authorities, as he was wanted by the present government due to his former membership of Fedayeen and the Ba’ath party. Furthermore, an uncle of the applicant’s, who lived in Sweden, had made a visit to Iraq in
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23 April 2012
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153. The head of the colony medical department stated that on 20 April 2012 at about 7 p.m., he and two deputy heads of the colony had gone to the applicant’s cell and had informed her that she was to undergo an examination and to be hospitalised. He had asked her to gather together her personal belongings. At about 9.30 p.m. the applicant had been put into the ambulance. During her transfer to the hospital, she had not expressed any complaints that bodily injuries had been inflicted on her. The head of the colony medical department stated that the applicant had not lost consciousness. Once the ambulance had arrived at the hospital, the applicant had been advised to undergo an initial medical examination, but she had refused to do so. On
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8 December 2005
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142. On an unspecified date the two applicants lodged a criminal-law complaint with the Zamoskvoretskiy District Court. They complained about the prosecuting authorities’ refusal to pursue the examination of the facts of the case in respect of the planning and conduct of the rescue operation. On
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sixty-one years old
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21. At the same time the applicant’s lawyers lodged an application with the Sovetskiy District Court for the applicant’s release. They argued that the applicant had a permanent place of residence in Tomsk, that his family also lived in Tomsk, that he did not have any immovable property outside Tomsk and that he did not have a passport to travel. Furthermore, he had been registered as a candidate for the forthcoming parliamentary elections in the Tomsk Region and had deposited RUB 900,000, approximately 26,000 euros (EUR) to be registered as a candidate. The lawyers insisted that the applicant did not intend to abscond, arguing that there was no evidence that his relatives had sold property or had bought foreign currency. They also pointed out that he was
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23 August 2006
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58. On 26 July 2006 the district court partially allowed the complaint against the district prosecutor’s office based on the latter’s failure to take effective steps to investigate the applicants’ relatives’ murder. The district court ordered the district prosecutor’s office to resume the investigation. The district court noted that the investigators had failed to identify the military and security units responsible for the operation, had failed to question the commanders of and participants in the operation and to study the documents related to its execution and results, and had failed to question the commanders of the district military and security authorities about the operation. The court granted the applicants access to the case file, stating that the documents in the file were accessible unless they contained secret information and noted that access to the file was essential in order to realise the applicant’s right to appeal. As to copying of documents from the case file, the court noted that this right was accorded to victims only upon completion of the investigation, and not when the proceedings were adjourned. On
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8 March 2001
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16. On 3 May 2001 the Supreme Court upheld the decision of 19 January 2001, stating that the applicant had been charged with especially serious criminal offences and her detention had been authorised and extended a number of times in accordance with the requirements of the RSFSR Code of Criminal Procedure. The request for extension of the applicant’s detention until
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11 April 2012
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16. On 11 May 2012 the Constitutional Court decided that it was not necessary to adjudicate on the constitutional appeal lodged by the applicant in person, in which he had complained about the lower courts’ refusal to grant him leave to represent himself. The Constitutional Court found that the appeal had been neither signed nor endorsed by court-appointed defence counsel. The latter had not replied to the Constitutional Court’s query of
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fourteen days
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17. The applicants appealed against the judgment of 27 December 2000. In their voluminous statements of appeal they challenged, inter alia, the composition of the bench that had given the judgment. Whilst the Lay Judges Act allowed lay judges to be called once a year for a maximum period of
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14 February 2006
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17. The Russian authorities carried out an extradition check, which established that a case charging the applicant with murder and banditry had been pending before the Almaty City Court and that the applicant had been placed on a wanted list on
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29 April 2008
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20. The applicant did not appeal against the decision of 21 January 2008. She did, however, submit a complaint to the Liepāja Court stating her intention to initiate a private prosecution under sections 130 and 156 of the Criminal Law. The complaint was dated
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the period between October and December 1991
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10. On the same day the investigating judge opened an investigation in respect of the applicant on suspicion of war crimes against the civilian population. The investigating judge found, on the basis of the available material, that there was a reasonable suspicion that in
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8 January 2002
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10. On 30 November 2000 the Regional Court disqualified the above District Court judge from dealing with the case and on 11 January 2001 it was assigned to a new judge. As the second judge later ceased to be a judge, on
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7 December 2010
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19. On 1 November 2010 the Donetskyy Regional Administrative Court refused to examine the applicant’s claim and informed him that it should be lodged before a court of general jurisdiction. That decision was upheld on
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a few months later
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10. The applicant appealed claiming that: the journalist had previously been convicted several times for defaming other third parties in his newspaper, showing his perseverance in using the press to insult others; and the article was part of a revenge campaign by the journalist. According to the applicant, the journalist’s publishing company operated on commercial premises owned by the company “L” SA; the applicant brought a civil suit against the publishing company for rent arrears, and when the claims were granted, the journalist asked that the publisher’s debt be written off in exchange for favourable publicity in the press; the proposal was turned down; hence the appearance of the disputed article
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no less than five days
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19. The Supreme Court also referred to Article 156 of the CCP, pursuant to which a judgment must always be pronounced publicly (paragraph 1) and, in matters decided without a hearing, the time and place of the pronouncement must be announced on the official notice board of the given court
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the following day
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30. On 7 June 2005 the Dzerzhinskiy District Court convicted the applicant of fraud and forgery and sentenced him to five years’ imprisonment. The pronouncement of the judgment took four hours, from 8.30 p.m. to 00.30 a.m.
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