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23 October 2002
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20. On 15 October 2002 the applicant was admitted to hospital on account of his complaints of general weakness, vertigo, pain in the legs and chest, unpleasant sensations inside his anus, constipation and coughing. Based on his complaints, he was diagnosed as suffering from a combination of haemorrhoids, ulcers, several other digestive disorders, pyelonephritis, asthenia and the after-effects of bodily contusions. The applicant remained in hospital until
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14 June 2004
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43. On 8 August 2005 the investigators questioned Ms P.M. who stated that at the material time she had been working in a kiosk located on the corner of Pobeda and Rabochaya Streets. However, she had not witnessed the abduction, but from her customers she had learnt that on
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31 October 1992
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8. On 18 August 1992, the applicant began work in the Culloden Hotel, Belfast, as a silver service waiter. This hotel is owned by Moyola Cellars Limited, which is subsidiary of Hastings Hotels Group Limited. Initially the applicant had been doing very well and was optimistic about promotion. On
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14 September 2004
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43. He brought a set of civil proceedings which ended with a final judgment of the Voronezh Regional Court of 22 November 2001 and was also unsuccessful in two sets of court proceedings, in which he had sued different individuals and bodies for damages, which ended with final decisions dated
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14 August 2009
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18. The management of Ukhta colony no. 24 in the Komi Region affirmed in a certificate dated 14 August 2009, produced by the Government, that they could not provide the applicant with orthopaedic footwear because it could only be manufactured in another town and there was a long waiting list. Apparently, the applicant had been detained in this colony in 2000 or 2001. The management of Ukhta medical facility no. 18 stated in a certificate dated
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12 April 2005
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37. On 30 April 2009 the Supreme Court quashed those decisions and remitted the case to the first-instance court for fresh examination. It criticised the lower courts for going beyond the findings of the judgment of
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4 October 2013
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44. The applicant sought permission to appeal on the ground that the Tribunal had erred in concluding that his circumstances were not “exceptional” for the purposes of the Immigration Rules. The First-tier Tribunal refused permission to appeal on
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the period of time
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14. On 5 November 2003 the applicant was examined by a forensic medical expert (report no. 4918). The following injuries were discovered on him: an abrasion in the left lumbar region (measurements illegible on the copy of the report), a deep abrasion on the right shin measuring 7 x 0.3 cm, a bruise on the internal surface of the right knee joint measuring 3 x 4 cm, and a scar on the upper lip mucous membrane measuring 2 cm. The expert concluded that the injuries could have been caused by a blunt, hard object in
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the 1980s and 1990s
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7. On 3 October 2003 the applicant published an article about a certain historian, J.P., entitled ‘The Floor is Given to the Fascist’ (‘Reč ima fašista’). In his article the applicant wrote:
“J.P., a historian, who during
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15 and 28 May
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29. The applicant submitted that, contrary to the Government’s submission, during that period he had sent out 29 letters to the Court through the prison administration and that the prison administration had required him to hand these letters to them unsealed for censorship. The dates of dispatch were as follows: 22 January,
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the month of December 2003
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6. Having terminated his employment contract, M. prepared footage of around twenty minutes which he offered to a major German broadcasting company. On 9 December 2003 the broadcasting company aired a film of about nine minutes under the title “Animal experiments for profit”. The film showed a number of different scenes from within the C. company’s premises, accompanied by a critical commentary. The scenes primarily concerned the animals’ accommodation and the way they were treated by staff. During
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1 November 2008
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176. From the documents submitted it appears that no investigative steps were taken in the criminal case between July 2004 and December 2008. Meanwhile, on 3 November 2006, 3 March 2008, 20 August 2008 and
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21 November 1997
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14. In its decision of 13 December 2002 the Şişli Court ordered Mr Gövderelioğlu’s heirs to return the goods which were still in their possession and to pay a certain sum of money corresponding to the value of the goods which had been disposed of in the meantime. The amount of money ordered was based on the calculations made by the two experts. The Şişli Court further awarded statutory interest on this amount accruing from
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31 December 2004
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19. The circumstances did not change significantly after the end of the communist rule in 1989; indeed, at the beginning of the 1990s the situation of housing in Poland was particularly difficult, as was demonstrated, on the one hand, by a shortage of dwellings and, on the other hand, by the high cost of acquiring a flat. The State-controlled rent, which also applied to privately owned buildings, covered merely 30% of the actual cost of maintenance of buildings.
In 1994 those social and economic factors prompted the legislature not only to maintain elements of the so-called “special lease scheme” (szczególny tryb najmu) (see also paragraph 73 below) in respect of State-owned dwellings but also to continue to apply that scheme – temporarily, for a period of 10 years expiring on
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22 June 1995
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13. On 6 April 1995 Mrs Tierce declared that she was prepared to vacate the premises in exchange for compensation. The case was adjourned for thirty days to give the parties time to reach an agreement on that point.
On
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8 January 1998
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18. On 4 September 2003 a prosecutor from the Plovdiv district military prosecutor’s office terminated the proceedings and discontinued the first applicant’s civil claim. He noted that the Minister had not approved the requests for secret surveillance in respect of the first applicant. However, during the inspection of
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21 January [2012]
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12. On 21 January 2012 the applicants and their relatives complained about the abduction to a number of local law-enforcement agencies, including the Dagestan Public Prosecutor and the investigations department of the Leninskiy district prosecutor’s office in Makhachkala. In their complaints they stated, amongst other things, the following:
“Today, that is to say
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17 January 2003
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18. Having regard to the report submitted by the expert for forensic psychiatry W., the Regional Court found that it was very likely that the applicant would reoffend if released. He had been convicted of burglary on numerous occasions and had reoffended shortly after having served long prison sentences. As confirmed by a report submitted by the Straubing Prison authorities dated
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between 1 January 1997 to 31 July 1998
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15. On 12 May 2000 the Missile Force Institute paid to the applicant RUB 11,840 in respect of the food allowance for the period from August 1998 to April 2000. According to the applicant, the Institute refused to make any payments in respect of the period
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16 April 2002
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22. On 12 April 2002 the investigating judge decided that the statements given by the suspects to the police should be excluded from the case file as the court could not rely on them. The decision was translated into Russian and notified to the applicant on
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28 April 1988
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20. At the subsequent public hearing on 18 June 1993 the Court of Appeal of The Hague instructed the investigating judge (rechter-commissaris) of the Regional Court of Utrecht to hear the witness who had previously recognised the applicant from photographs, as described in the official police record of
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9 December 2009
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26. On 21 October 2009 the Centre informed the prosecutor that the applicant’s X-rays were of poor quality and that the applicant would have to have a new X-ray taken. On 2 December 2009 the applicant was asked to undergo a fresh X-ray examination. The medical commission drew up its report on
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10 March 2016
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33. On 15 November 2017 the Government submitted a copy of a judgment given on 21 December 2016 by the criminal division of the Rabat Court of Appeal for Terrorism Cases on an appeal lodged by G.H. (see paragraph 23 above at point 6.2) – assisted by the attorney E.I. – against a judgment given on
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13 June 2000
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61. On 13 June 2000 Mr Makarchykov lodged a complaint with the Darnytsky District Prosecutor alleging that he had been attacked and injured on 2 April 2000 by an unknown person who had stolen a briefcase containing official documents belonging to the Parish. He also stated that he had already complained about attacks on him to the police, but that they had failed to act (the police issued two decisions on 8 April and
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the period January to May 2008
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7. On 16 June 2008 the Varna District Public Prosecutor initiated criminal proceedings (досъдебно производство) against a person unknown, suspected of disseminating materials in violation of intellectual property laws by using the company’s servers during
|
20 January 2003
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40. On 30 April 2003 the Investigation Division of the Versailles Court of Appeal set aside the order of 5 February 2001 terminating part of the proceedings and ordered Mr M.’s committal for trial by the criminal court for having subjected the applicants, and also their three younger sisters, to treatment contrary to human dignity. As to the scope of the lifting of Mr M.’s immunity, the court found that no immunity applied, for the following reasons:
“The explicit terms of the letter addressed to the court on
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23 January 2014
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20. Meanwhile, on 31 October 2013 the Zagreb Municipal State Attorney’s Office informed Š.Š., as a victim in the proceedings, that an indictment had been lodged against S.K. and I.M. in connection with the attack on him. On
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sixty-five years old
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28. The Administrative Court considered that the Board’s decision did not infringe on the applicant’s right to respect for family life. It noted that the applicant was divorced and had no partner or children. His father lived with his partner at the latter’s residence. The applicant’s brother had a family of his own. The court concluded that the applicant did not have a family life to be protected in Estonia. The court also dismissed the applicant’s arguments related to the advanced age of his father who was
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the last quarter of 2005
|
11. On 24 May 2006 the Khortytskyy Court allowed her application and invalidated the impugned report as erroneous. It concluded that the bailiff had had no reasons to depart from the earlier calculation, since the tax return submitted by S. concerned only
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29 December 2005
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19. On 21 November 2000 the court stayed the re-opening proceedings pending the outcome of civil proceedings concerning the ownership title to these plots before the Końskie District Court, and subsequently, before the Kielce Regional Court. On
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13 May 2007
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13. According to an indictment filed with the trial court on 30 May 2007, on 10 and 11 May 2007 the applicant had loaded 9.079 kg of heroin, which was already packed in nineteen plastic bags, together with some textile goods, into a truck that belonged to the company D.B., which was managed and owned by the applicant. On
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18 June 2002
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23. The applicants thought at first that their relatives had been taken to the temporary detention centre of the Shalinskiy VOVD. They went there on 9 June 2002 after their relatives had been apprehended, but their relatives were not there. They then applied to the Shalinskiy district prosecutor’s office seeking to have a criminal investigation instituted. The applicants applied in writing and in person to numerous State authorities, seeking to establish their relatives’ whereabouts. It appears that they first applied in writing on
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21 October 2003
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6. On 25 September 2003 the Tsentralno-miskyy District Bailiffs' Service (Відділ Державної виконавчої служби Центрально-міського районного управління юстиції м.Макеївки) initiated the enforcement proceedings. On
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20 June 2007
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150. On 19 June 2007 at 9.30 p.m. the applicant was arrested and taken to the Fifth Zagreb Police Station in connection with a suspicion that he had committed twenty-five separate thefts. The record of his questioning drawn up on
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23 March 2007
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13. During the court proceedings the authorities further prolonged the applicant's detention (on 30 December 2004, 17 March 2005, 14 June 2005, 24 August 2005, 8 March 2006, 17 August 2006, 20 December 2006 and
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8 September 2008
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28. The applicant’s son, Mr Rafik Nagmetov, also sought judicial review of the suspension decision of 26 February 2007. On 25 July 2008 the District Court held that the suspension of the investigation was justified. However, on
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10 January 1995
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11. On 15 September 1994 the court held a first hearing in the case. It imposed a fine on the defendant for having failed to appear before the court. The court held hearings on 20 October and 6 December 1994, and
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27 January 2000
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13. On 13 April 2001 the Nalchik Town Court gave its judgment. The court found that on 28 September 1999 the Ministry of the Interior of Kabardino-Balkaria had issued Directive no. 1/220 (Указание МВД КБР № 1/220) on the procedure for crossing the administrative border of Kabardino-Balkaria by residents of the Chechen Republic. The regulation provided for stricter checks of vehicles and passengers of Chechen origin, as well as for the special registration of Chechens on the basis of migrants’ cards. The court questioned the police officers who had been on duty on
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7 January 2003
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18. On 1 September 2000 the first applicant applied for legal aid for the inquest under the Lord Chancellor’s Extra-Statutory Scheme (established in July 2000). On 5 June 2001 she began a judicial review action: that evening the Lord Chancellor granted her limited funding. The action continued in order to challenge that limitation on funding. On
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27 November 2003
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13. On 24 February 2004 the Supreme Court unanimously rejected the applicant’s appeal against the High Court’s judgment on compensation, finding no breach of Article 6 § 2 of the Convention.
The first voting judge, Ms Justice Stabel, gave the following reasons:
(23) I have concluded that the reasons given by the High Court do not contravene the presumption of innocence in Article 6 § 2 of the Convention [...] and accordingly that the appeal will not succeed.
[...]
(25) With regard to the details of the provision applied in our case, it is in my view appropriate to base our assessment on the judgment rendered by the Supreme Court on
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five years and ten months
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30. On 19 June 2009 the Koper District Court panel found the applicant guilty of attempting to murder S.M., F.M. and Š.A. by stabbing the first in the neck, on the back of the head and the left side of his chest, the second in the left side of the stomach and the third in the back. Two of the offences had been aided and abetted by the applicant’s sons, who were each convicted of one count of attempted murder. The court sentenced the applicant to
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22 July 1998
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32. On 1 December 1998 the Federal Minister dismissed the request. It found that, pursuant to section 11(1) of the 1998 Religious Communities Act, a religious community could only be recognised as a religious society under the 1874 Recognition Act if it had already existed as a registered religious community for a minimum of ten years. The first applicant, however, did not meet this requirement at the time when the request for recognition was submitted on
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25 October 2003
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17. On 30 January 2004 the prosecutor’s office refused to institute criminal proceedings to investigate the applicant’s ill-treatment complaint, having found it groundless. It referred to the findings of the medical commission that the applicant had been fit for detention and to the testimonies of the investigator and police officers who had participated in his arrest. All officers denied the applicant’s allegations concerning ill-treatment. The four police officers who had taken part in the arrest operation, however, admitted that they could have inflicted minor injuries on the applicant when arresting him. In their opinion the application of force had, however, been proportionate, since the applicant, who had gone into hiding after his disorderly conduct on
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the next day
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10. In 2000 and 2001 the period of the preliminary investigation was extended repeatedly due to the applicant’s alleged ill-health. On 28 November 2001 he was compelled by the police to appear in the police prefecture. On
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27 December 2008
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19. The court considered, in contrast, that the story described by the applicant to disprove the service of the penal order seemed fabricated. It took into consideration that the declarations in lieu of an oath all came from persons who were close to the applicant and who had a considerable interest in the outcome of the criminal proceedings against her. It further noted that the applicant had not mentioned all the persons who had allegedly been present when she checked her mail in her first submission of
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19 July 2007
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17. On 26 May 2008 the Ploieşti Court of Appeal rejected the appeal. In reply to the applicant’s arguments, the court held that the authorisation and actions of the undercover police officer had been in accordance with the law. The statement of Y was irrelevant to the case since he had not directly witnessed the deal. The court considered that the applicant had not been incited by X since it was apparent from the evidence in the file that he had called the officer on several occasions and had planned the meeting of
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almost a year
|
34. The next hearing took place on 18 December 1997. The applicant requested that the director of the National Investigation Service be summoned as a witness and that an on‑the‑spot inspection be carried out in the detention facility and asked for leave to call four witnesses to prove the non‑pecuniary damage the applicant had sustained as a result of the conditions of his detention. Counsel for the National Investigation Service requested that the applicant appear in person to testify about the facts laid out in his statement of claim. She also requested that the Ministry of Finance be added as a defendant. The applicant insisted that the proper defendant was solely the National Investigation Service. The court ordered the applicant to appear for questioning. It denied the request to summon the director of the National Investigation Service, holding that the facts could properly be established through other evidence. It also denied the request for an on‑the‑spot inspection, holding that
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30 September 1994
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11. On 28 February 1994 the applicant again asked the court to exempt him from court fees. On 28 March 1994 the Poznań District Court rejected his application. On 1 April 1994 the applicant appealed against that decision. On
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15 August 2014
|
34. On an unspecified date the applicant requested the Department of the FMS in the Republic of Chechnya to grant him temporary asylum in Russia. On 15 August 2013 that request was granted and the applicant was provided with temporary asylum until
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15 December 1998
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16. On 13 January 1999 the State Duma of the Russian Federation adopted a special address to the Prosecutor General of the Russian Federation. Members of Parliament noted that the investigation was lingering, while the applicant remained in custody. On
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18 December 2008
|
45. On 19 December 2008 the Bucharest County Court informed the Rahova Prison authorities that the applicant’s pre-trial detention on the basis of the arrest warrant of 17 December 2005 had been extended by an interlocutory judgment of
|
thirty days
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19. By an order of 5 July 1994 public prosecutor D. instituted criminal proceedings against the applicant and decided that he should be placed in pre-trial detention. He issued a committal warrant against the applicant for a period of
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27 May 1999
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16. V. lodged a request for the revision of judgments of 27 May 1999 and 29 January 2002 because the expert report on the damage had been signed by an expert lacking the required training and the District Court had based its judgment of
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6 November 2005
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46. On 28 September 2006 the investigator issued a new decision bringing formal criminal charges against the applicant. Under this decision, the applicant was now charged with criminal offences under Articles 206.4, 206.3.1, 28/220.1 (preparation to organise public disorder), 278 (actions aimed at usurping State power) and 313 of the Criminal Code. In addition to the criminal offences with which he had already been charged, the applicant was also accused of organising, together with a number of other persons including his brother Farhad Aliyev, massive unrest and a coup d’état after the parliamentary elections of
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15 October 1996
|
32. During the relevant period inflation in Bulgaria was running high and the national currency was depreciating. In particular, on 31 March 1995, the date on which the District Court’s judgment was delivered, BGL 66 were necessary to buy one United States dollar (USD), in May 1996, at the time of the applicant’s attempts to obtain payment, that figure was BGL 92, on
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a few years earlier
|
6. In November 2011, an 18-year-old woman reported to the police that the applicant and his girlfriend had raped her. In January 2012 another woman reported to the police that the applicant had committed a sexual offence against her
|
19 July 2002
|
10. On 8 July 2002 the applicant wrote to the DPRK Embassy and asked for its consent to the examination of his claim against the DPRK Trade Counsellor by the domestic courts. The letter was received by the Embassy on
|
more than two years
|
8. On 13 May 2010 the Kuybyshevskiy District Court authorised the applicant’s placement in custody, having held as follows:
“[The applicant] is accused of a serious crime against property for which the criminal law establishes punishment of imprisonment for
|
14 July 2010
|
16. On 30 July 2010 the Cologne Court of Appeal dismissed the applicant's appeal against the Regional Court's decision of 1 June 2010, endorsing the reasons given by the Regional Court and referring to the reasons given in its own decision of
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1 September 1993
|
20. Since the Surveyor's Office did not decide the applicant, on 22 April 1993, filed a request for transfer of jurisdiction with the Federal Office, requesting it to issue the declaratory decision. Thereupon, on
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30 September 2001
|
13. On 15 March 2001 the applicant requested the Raahe District Court (käräjäoikeus, tingsrätten) to extend the time-limit for her reply until 30 September 2001. The applicant informed the District Court that she would request the National Bureau of Investigation (keskusrikospoliisi, centralkriminalpolisen) to conduct an investigation and that she would also request the Supreme Administrative Court (korkein hallinto-oikeus, högsta förvaltningsdomstolen) to annul certain decisions of administrative courts underlying her case. The District Court extended the time-limit for the reply until
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14 September 2007
|
81. On 23 July 2009 the Supreme Court dismissed an appeal by the applicant and the prosecution and upheld the judgment.
(b) The applicant’s detention on remand during the third set of proceedings
(i) Decision of
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9 February 2001
|
9. On 27 December 2000 the Town Court granted the applicant’s action in part. The court found that the Sakhalin Regional Department of the Social Security Fund (“the Sakhalin Department”) should pay the applicant RUB 10,348.35 and the Moscow Regional Department of the Social Security Fund (“the Moscow Department”) RUB 2,723.25 in arrears. The court further ordered each of the respondent departments to pay the applicant RUB 450 for lawyer’s fees and dismissed the remainder of the applicant’s claims as having no grounds under the domestic law. The applicant did not attend. On
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12 February
|
25. From the records of the correspondence sent by the applicant held at the prison authorities and submitted by the Government, it is apparent that the applicant sent registered letters to the Court on
|
around a month
|
10. A compilation of the CCTV footage was shown a number of times during the trial. It was played on specialist digital equipment, which was more sophisticated than an ordinary video recorder, specially installed for the trial. It had a number of facilities, including a better capacity to freeze frames, to step forwards and backwards from frame to frame and to coordinate views of different cameras at any particular moment. The machine was operated by a detective constable, Officer M, who had been specially instructed how to use it. Officer M was a member of the investigating team of police officers which had conducted the inquiry into the applicant's case. He was, formally speaking, a witness in the case in the sense that he had made two single paragraph statements recording taking possession of some of the CCTV tapes and had made an uncontroversial statement relating to the taking of a mouth swab sample for DNA analysis from one of the other accused in the applicant's case. Over the period of the trial, which lasted
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23 May 2005
|
63. The Moineşti prosecutor’s office and the defendants appealed on points of law. The prosecutor’s office argued that the statements that had been taken by the Bacău prosecutor’s office were relevant on account of the hierarchical relationship between the two prosecutors’ offices, and therefore the re-questioning of the applicant and of the perpetrators had no longer been required. In addition, the applicant had failed to identify the witnesses she wished to have questioned. The questioning of all medical staff had no legal basis and the court had not identified which of the neighbours of the applicant’s grandmother should have been questioned, or the scope of such questioning. Moreover, the applicant had failed to prove that any offences had actually been committed, had not submitted any medical report attesting to a bodily injury, and had herself acknowledged that she had signed the hospitalisation papers automatically, and that during her stay at her grandparents’ home she had had access to a visiting room (vorbitor) and thus had been able to communicate with others. Furthermore, according to the Higher Disciplinary Commission the hospitalisation of a patient was possible against his or her will. The same body had concluded that the applicant’s hospitalisation had been voluntary. Lastly, the psychiatrist had been disciplined on account of the inappropriate treatment administered to the applicant and not because the applicant had not been suffering from a behavioural disorder. The defendants argued that the circumstances of the case had already been examined during the sets of proceedings which had ended with the final decision of
|
9 October 2001
|
14. On 16 October 2001 the Town Court held a hearing in the applicant’s case. According to the record of the hearing, the applicant gave the following explanation as regards his failure to comply with the time‑limits:
“I applied to a court only on
|
three months
|
30. The first applicant submitted that at the end of 2004 Ibragim B., deputy military commander of the district, had brought them 10,500 roubles (RUB) and explained that this was Khasan Yusupov’s salary for
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9 January 2002
|
19. On 30 March 1999 the applicant instituted civil proceedings in the Ljubljana Labour and Social Court seeking the annulment of that decision and recognition of continuation of his employment.
Of the two hearings held on
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27 June 2002
|
8. In 1998, like many other persons, the applicant and his family were displaced from Ethiopia to Eritrea. In Eritrea, the applicant worked as a reporter and photographer, chiefly for the independent newspaper Keste Debena, whose editor-in-chief at the time was Mr Milkias Mihretab. The applicant stated that the latter was well known as a champion of the free press in Eritrea and that his case had been dealt with in Amnesty International’s 2002 report, which referred in particular to the fact that he had been arrested and arbitrarily detained in that country on more than one occasion on account of his work as a journalist. The applicant added that on
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1 November 1999
|
15. Meanwhile, on 12 June 2001 the Ministry brought an action with a view to having the enforcement proceedings terminated. On 25 February 2002 the Pest Central District Court dismissed the action, holding that the respondent’s proposal of
|
24 March 2005
|
41. Forensic medical expert B. stated that he did not consider it possible to establish reliably how the applicant had received concussion. It could have been the result either of the applicant’s hitting the bookcase with his head or of being punched on the head.
(e) Decision of
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26 June 2012
|
10. On 5 July 2011 the Council of Ministers issued a new decision for expropriation, in accordance with which 5,215 square metres of the applicants’ plot were to be expropriated against compensation in the amount of BGN 1,794 (the equivalent of EUR 917). The applicants brought judicial review proceedings in respect of this decision. In a judgment of
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27 May 1997
|
15. On an appeal by the applicant company, Dr Gubler and Mr Orban, the Paris Court of Appeal gave judgment on 27 May 1997. It cleared Mr Orban on the ground that the production and sale of Le Grand Secret did not constitute a separate tort from the one attributable to the applicant company. It also declared inadmissible the action brought by the Mitterrand family in so far as it concerned the protection of President Mitterrand's private life, pointing out in that connection that “the possibility for anyone to prohibit any form of disclosure about [their private life] is only open to the living”. As to the alleged invasion of the privacy of the Mitterrands themselves, the Court of Appeal noted that certain passages from the book in issue “entail[ed] invasions of the Mitterrands' privacy”, but considered that such infringements could not, “regrettable though they may have been, justify – regard being had, in particular, to their sporadic occurrence in the book – prohibiting publication of the book as a whole”.
However, holding that Dr Gubler had breached the duty of medical confidentiality by which he was bound, the Court of Appeal ordered him and the applicant company jointly and severally to pay damages in the amount determined in the first-instance judgment, and upheld the decision to maintain the ban on distribution of the book. The judgment of
|
10 November 2004
|
12. In November 2003 the applicant submitted the writ of execution to the Federal Treasury. On 18 November 2003 the Federal Treasury refused to pay the award because it did not consider itself liable for the debts of the Kostroma Regional Government. The applicant challenged that decision before a court. On
|
several years
|
10. In 1995 the applicants lodged an application with a view to having the public care terminated. In the course of those proceedings, on 21 March 1995, the Social Welfare Board reported to the police the alleged sexual abuse committed in 1990-91. As to the fact that
|
5 December 2014
|
36. On 28 November 2014 the Regional Court reviewed M.A.’s appeal against the decision not to grant him temporary asylum. He was not taken to the trial even though the decision stated that he had been notified, and he did not have a representative. A representative of the FMS appeared before the court, which briefly restated the reasons for the FMS decision to refuse the applicant both refugee and temporary asylum status and confirmed that there were no reasons to regard him as in need of protection. Neither the general situation in Syria nor the applicant’s submissions about the situation in Aleppo had been raised or discussed. This decision was sent to M.A. on
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25 April 2008
|
13. On 18 March 2008 the “MRT” Supreme Court quashed the lower court’s decision because of the failure to specify the exact place where the offence had been committed. The case was sent for re-examination by the lower court. The applicant was not informed of that decision. On
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5 October 2005
|
26. On 14 July 2005 the applicant lodged an application for release, referring to his frail health and a need for a medical examination. On 27 July 2005 the Tverskoy District Court rejected the request. It held that the applicant’s detention was lawful and justified. The applicant had not submitted medical certificates showing that his state of health was incompatible with custody. On
|
23 December 2013
|
32. The Government observed that the constituent elements of transitional justice had already been set out in “Organic Law no. 2013-53 of 24 December 2013, on the introduction of transitional justice and related organisational arrangements”, enacted by the Tunisian Parliament on
|
5 October 2004
|
40. Secondly, the District Court considered the assertions made by the applicant Mr Smetanin in the article “Sports, children’s holidays and corruption” («Спорт, детский отдых и коррупция») printed in issue no. 40 of
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15 December 1999
|
26. In a judgment of 31 January 2006, the Hamburg Court of Appeal set aside the judgment on the ground that the applicant’s right under Article 8 of the Convention had to yield to the fundamental rights of the press. It found that, whilst the articles were primarily of entertainment value, publication of the photos was nonetheless lawful in terms of the judgment of the Federal Constitutional Court of
|
11 April 2012
|
59. On 18 July 2012 the applicant asked the District Court to quash the Prosecutor General’s decision of 18 June 2012 and to retain the case for examination. He argued, inter alia, that the statute of limitations had not taken effect. Also, the prosecutor’s office had breached his right to defence by dismissing his request for a review of the expert report dated
|
9 November 1998
|
18. At the end of the investigation, on 3 July 1998, Vigo investigating judge no. 5 issued a provisional discharge order dismissing the charges against A.U.A. However, he renewed the orders for a nationwide search for A.U.A. and the order freezing his assets. He also made a final order dismissing the charges against the members of A.U.A.’s family who had been implicated by the first applicant. The reason given by the judge for making the provisional discharge order in respect of A.U.A. was that the latter’s absence from Spain had prevented his being questioned or formally charged in accordance with Article 791 § 4 of the Code of Criminal Procedure. An appeal by the first applicant was dismissed by the Pontevedra Audiencia Provincial on
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8 December 2003
|
17. On 1 September 2003 the District Court held the first hearing in respect of the applicant’s first action; however, as a result of the mother’s request for an adjournment, the proceedings were adjourned until
|
about nineteen years
|
155. It was indicated that the investigations conducted over approximately nineteen years by the civilian prosecutor’s offices and, subsequently, by the military prosecuting authorities, had not made it possible to establish the identity of the perpetrators or the degree of involvement of the security forces. The relevant passage from the decision reads as follows:
“The investigations carried out over a period of
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three months
|
106. Decisions of the law-enforcement authorities taken in connection with the Refugees Act can be appealed against to a higher-ranking authority or a court (Article 10 § 2). The decision can be challenged within one month of receipt of a written notification of it or, in case of lack of a written reply, within one month after the complaint was lodged, and within
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only a few months
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34. The Court of Appeal observed that the reliability of A.F. was open to doubt. In this regard, it noted that the chief executive had clearly not wished that the journalists speak to Ł.Z. and that he had contacted the press
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eighteen months’
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61. On 8 April 2005 the Sholokhovskiy District Court found P. guilty under Article 264 § 1 of the Criminal Procedure Code. Its findings of fact can be summarised as follows. The court found that P.’s car had been moving at 30 to 40 km/h. The car had entered the pedestrian zone, which had been marked by a road sign, and had hit the applicant from behind. He had been walking straight and had not contributed in any manner to the accident. P. had been able to avoid collision by manoeuvring or stopping his car, but for whatever reason he had not done so. He had applied the brakes a while after the collision. As a result of the collision, the applicant had received life‑threatening injuries. No mention was made of P. or the applicant being drunk during the accident. The court was also unable to make any conclusive findings as to when the dents on P.’s car had been repaired, or whether or not the windscreen had been broken. It concluded that the injuries had been caused to the applicant by P.’s carelessness, but not deliberately. The court sentenced P. to
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6 December 2008
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31. On 11 March 2010 the applicant asked the trial court to call G., the medical expert, as a witness, on the grounds that in her report of 6 December 2008 she had failed to specify exactly when the injuries had been inflicted on the applicant. In support of his request he stated that he had been ill-treated in the course of and following his arrest. The applicant also asked for I.Ku., an investigator from the Pustomyty Police to be called as a witness, arguing that his statements during the pre-trial investigation were untrue and had been dictated to him and given under pressure. He also asked for police detectives I.Kot., V.Ye., I.G. and R.M. of the Lviv Regional Police to be called as witnesses, arguing that they had ill-treated him in the course of arrest and in the course of his initial interrogation, causing the injuries recorded in the medical expert’s report of
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November 2005
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122. On 10 August 2006 the investigators questioned the first applicant, who confirmed the account of the events described above, and who also stated that an acquaintance of hers had seen footage of Mr Askhab Konchiyev’s arrest broadcast on a federal television channel in
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between 2001 and 2006
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7. From 1990 to 2006 the first applicant was officially employed by an enterprise run by the Ukrainian Society of the Blind (“the USB”; Українське товариство сліпих), a public organisation subsidised by the State to provide assistance to blind people. However, as appears from his employer’s statement that
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5 June 1997
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9. On 30 April 1997, a second robbery, later alleged in count 2 of the indictment against the applicant, was committed. On 1 May 1997, the applicant was arrested in relation to that offence. The applicant again agreed to participate in an identification parade to be held on 15 May and was then released. However, on that date, the applicant did not appear for the identification parade but instead sent a doctor's note stating that he was too ill to go to work. A subsequent identification parade was set for
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27 July 1996
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9. The court held hearings on 8 June 1995, 7 December 1995 and 29 February 1996. On 5 April 1996 the court ordered an expert opinion. It was submitted to the court on 31 May 1996. On 17 July 1996 the court ordered an opinion from yet another expert. The expert submitted it to the court on
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13 May 1994
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30. With two exceptions, the Plovdiv Regional Court did not, when adjourning hearings, announce in open court a date for the resumed hearing. As a result, certain witnesses and experts who were present but had to be heard again were informed about the date of the resumed hearing by a summons to attend. If the summons did not reach the person concerned the examination of the case could not be completed at the resumed hearing.
In particular, the witnesses Mrs M. H. and Mr S. Z. were present at the hearing on
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20 January 2005
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31. On 26 May 2005 the Şırnak prosecutor visited the area and recovered forty-two spent bullet cases at the spot where the bodies had been found. He also found an unspecified number of bullets, used in his opinion by the soldiers, in two places 50 and 150 metres away from the place where the bodies had been found. The prosecutor also questioned five villagers who were living in a nearby village and who had assisted the soldiers in recovering the bodies on
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twenty-three days
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13. In the course of the proceedings the first-instance court scheduled thirty-one hearings, out of which two were not held because of the applicant’s failure to attend, one was adjourned for nine days to allow the applicant to study the case-file and one was adjourned for
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at least two years’
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84. Chapter 13 of the CCrP (“Measures of restraint”) governs the use of measures of restraint, or preventive measures (меры пресечения), while criminal proceedings are pending. Such measures include placement in custody. Custody may be ordered by a court on an application by an investigator or a prosecutor if a person is charged with an offence carrying a sentence of
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February 2002
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23. On 6 June 2003 the court rejected the applicant’s claims as unsubstantiated. It referred, in particular, to the applicant’s own acknowledgment in the confinement report that he had drunk 250 milliliters of vodka and had no complaints against the staff of the sobering-up centre. As regards the applicant’s ill-treatment complaint, the court noted that the prosecutor’s office had refused to institute criminal proceedings in respect of the incident, having found the applicant’s complaint unsubstantiated. Likewise, the applicant had failed to explain convincingly in court why, having been released on the morning of 21
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4 March 2005
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57. On 7 February 2005 the court decided to adjourn the examination of the applicant's appeal in order to obtain further evidence from the Pechersky Court and the GPO of Ukraine. The next hearing was scheduled for
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