target
stringlengths 11
70
| prompt
stringlengths 200
10k
|
|---|---|
the period from the late 1980s until 1994
|
5. At the beginning of the 1990s a new concept called “tax asset stripping cases” (selskabstømmersager) came into existence in Denmark. It covered a criminal activity by which the persons involved committed aggravated debtor fraud by buying up and selling numerous inactive, solvent private limited companies within a short period and, for the sake of their own profit, “stripping” the companies of assets, including deposits earmarked for payment of corporation tax. The persons involved were usually intricately interconnected and collaborated in their economic criminal activities, which concerned very large amounts of money. According to surveys made by the customs and tax authorities, approximately one thousand six hundred companies with a total tax debt exceeding two billion Danish kroner (DKK) were stripped in
|
7 October 2016
|
27. On 3 April 2017 the Warsaw Regional Court (case no. VIII Kp 17/17) decided to refer a legal question to the Constitutional Court on the constitutionality of Article 210 of the CCP in so far as that provision did not provide for the opportunity to lodge an interlocutory appeal against a prosecutor’s decision to exhume a body. The court alleged that the impugned provision was incompatible with Article 45 (the right to a court), Article 47 (the right to private and family life) and Article 78 (the right to appeal) of the Constitution and Articles 8 and 13 of the Convention. The court considered that the prosecutor’s decision of
|
16 November 1998
|
44. The applicant lodged with the Supreme Court a cassation appeal against that decision on 30 June 1998. The company was ordered to pay a court fee of PLN 10,000 for proceeding with the cassation appeal. That sum was paid on
|
16 July 2009
|
9. On 20 February 2009 the Commercial Court terminated the insolvency proceedings. This decision was published in the Official Gazette of the Republic of Serbia on 27 March 2009 (no. 21/09) and became final on
|
28 and 29 June 2003
|
13. On 23 December 2008 the 1st Chamber of the Istanbul Criminal Court convicted the police officers as charged. The court found, in the light of the medical reports that it had obtained, plus the witness statements and the submissions of the accused and the applicant, that the police officers had beaten the applicant and had closed the car door on his leg and had thus caused the injuries found on the applicant’s body on
|
Between May 1998 and November 2003
|
9. The applicant is a public limited company whose registered office is in Hamburg. It publishes the Bild, a daily newspaper with a large circulation. The present case concerns the publication by the newspaper of two articles about X, a well-known television actor.
|
10 October 1994
|
78. Between 3 August 1994 and 1 November 1995 the investigation carried out by the authorities in Dicle and Palu was limited to the tracing of the relatives of the deceased persons. It was recorded in a letter of
|
7 June 2009
|
11. In early 2009 Mr Kaimov was sent to serve his sentence to the Republic of Tatarstan. In March 2009 he was admitted to prison medical institution no. 1 in Nizhnekamsk, where his tuberculosis was cured as confirmed by a medical board on
|
between 20 May 1996 and 28 October 1999
|
17. On 21 October 2004 the Constitutional Court found that the Bratislava III District Court had violated the applicant’s right to a hearing within a reasonable time. There was no indication that the case was complex. The applicant by his conduct had not contributed to the length of the proceedings which, however, had been prolonged for reasons imputable to the defendant. The Constitutional Court noted, in particular, that the defendant had repeatedly been ill and that his representative had been unable to attend hearings several times in 1995 and in 2004. The District Court had remained inactive
|
Between 5 November 1996 and 22 January 1999
|
7. On 13 August 1996 the applicant instituted civil proceedings against ZT in the Celje District Court (Okrožno sodišče v Celju) seeking damages in the amount of 7,488,140 tolars (approximately 31,200 euros) for the injuries sustained.
At an undetermined time in 1997, the judge presiding the case was appointed to the Celje Higher Court (Višje sodišče v Celju) and the case was transferred to a new judge.
|
17 July 1998
|
49. The Government further stated that a copy of the entire investigation file could not be submitted to the Court owing to the absence of any guarantees on the part of the Court of non-disclosure of the secret data contained in the investigation file. In this respect the Government referred to Article 161 of the Criminal Procedure Code, since the file contained information concerning participants in criminal proceedings. They also cited, by way of comparison, the Rome Statute of the International Criminal Court of
|
21 September 1993
|
11. In a letter of 21 April 1993, the applicant informed the court that she had brought a criminal complaint against a notary public and requested that the District Court’s proceedings should be stayed pending the outcome of the criminal proceedings. On
|
nineteen months and fifteen [sic] days
|
13. The court stated, inter alia:
“[The Chief Prosecutor's Office] has not exercised the necessary supervision over the Sofia City prosecutors and the investigation authorities which, during a period of [more than two years], mounted an unjustified criminal prosecution against [the applicant] on charges of theft ...They remanded him in custody, imposing the harshest measure of judicial control, which resulted in [the applicant] spending
|
only two months prior
|
183. Major Şeker had not asked him whether he had seen Yakup's body or what its condition was, but both his mother, his brother Mahmut and himself had told Major Şeker that Yakup's death was a result of torture. It had been his brother Mahmut who had told Major Şeker that Yakup had had a small pustule on his penis for which he had received medical treatment, as the applicant had not been aware of this previously. When the record of his statement to Major Şeker (see paragraphs 66-69 above) was put to him, he denied having said to Major Şeker: “If death has occurred because of natural causes, it is God's will”. Yakup had been a very healthy man who would not have died of natural causes within a week and it was therefore not possible that he would have described Yakup's death as God's will. Moreover, why would he have said such a thing when
|
The next day
|
7. On 22 February 1995 the District Court requested the applicants to complete their action in order to reflect the facts revealed by the Land Registry’s documents. The applicants complied on 14 March 1995.
|
18 June 2008
|
11. On 21 April 2008 the applicant contested that decision before the National Bar Association. He challenged the reason for the dismissal of his request, which, citing section 14 (b), referred to ineligibility to practise as a lawyer for anyone who already pursued a “profession that infringes the dignity and the independence of the legal profession or is contrary to good morals”. He contended that his professional CV, including a Ph.D. in medicine, a career of teaching at the university and the authorship of several books on medicine, could on no account infringe the dignity of the legal profession. At the same time, he pointed to the fact that he was neither an employee nor a trader, as proscribed by the legislation regulating the activities of lawyers.
On
|
three months
|
39. By a decision of 21 June 2000 the Blagoevgrad District Prosecutor's Office decided to discontinue the proceedings. It found that following the amendments of the Criminal Code of March 2000 the offence with which the applicant had been charged had become privately prosecutable. It also found that the alleged victim, Mr P.Y., had not expressed the wish that the proceedings continue within
|
16 November 2000
|
18. On 23 November 2000 the Moscow City Court accepted the prosecutor's request and granted the extension until 24 May 2001. The relevant part of its decision which also concerned a co-defendant reads as follows:
“The defendants [need to] study the materials of the criminal case file which comprises fifty-two volumes. It will be impossible for them to finish reading the case file before the expiration of the maximum authorised period of detention.
[The court] does not find any ground for a change in the preventive measure to which the defendants are subject. The criminal offences with which they stand charged are included in the category of serious and particularly serious offences. In view of the circumstances of the case, taking into account the information about the co-defendants' character and the materials in the case file, [I] consider that, if released, the defendants ... will be liable to resume their criminal activities, to pervert the course of justice and to abscond or evade justice.
Having examined the arguments of the defendants and their lawyers, who insisted that there was no basis for extending Mr Pshevecherskiy's detention... [I] find their arguments unsubstantiated.
[The court] cannot accept that the refusal of the defendant, Mr P., and his lawyer to study the materials in the criminal case file complies with the requirements of Article 201 of the RSFSR Code of Criminal Procedure, because the action under Article 201 of the RSFSR Code of Criminal Procedure is an investigative measure which has to be taken by an official authorised by law and recorded in a register.
The record presented at the hearing shows that after the case file was given to Mr P. for studying he, in the presence of his lawyer Mr Po., ... refused to study it because his second lawyer, Ms L., was not present; [the court] cannot conclude that this action constituted a general waiver by the defendant of his right to study the case file.
The court reaches the same conclusion with respect to Mr Pshevecherskiy's refusal to study the case file on
|
only two years
|
20. On 16 January 2006, responding to the applicant’s complaint, the Deputy Head of the Chief Investigative Department of the Ministry of Interior stated that the investigation had been “patchy, passive”, “conducted at a low professional level and not in conformity with the methodology of investigating this category of offences”; and marked by “loss of time and sources of evidence”. He noted, in particular, that the case-file featured no documents explaining a one-month delay after the discovery of the body and before the initiation of the criminal proceedings; that no meaningful and prompt action had been taken to locate the purportedly missing bicycle; that no comprehensive measures had been taken to verify whether M. could be involved in the crime, notwithstanding the applicant’s suspicions corroborated by some other evidence; and that the alibis of M., D. and K. had not been verified. The officer further regretted that the police had thought of sending Eduard Kryvonis’ clothes for a forensic assessment
|
19 March 2004
|
59. On 8 August 2005 this decision was quashed by the Town Court. The court found that the inquiries had been conducted in a perfunctory manner. It instructed the investigating authorities, in particular, to question the persons who had seen the applicant on
|
1 June 2003
|
15. In a further report issued on 16 May 2003 the bailiff noted that I.R. and Th.N. had not been at home.
The official report drawn up on 30 May 2003 noted I.R.’s assertions, according to which it was not she who had opposed the applicant seeing Th.N., but, rather, it was the child who had refused any contact with his father. In order for the father-child relationship to reach a normal level, I.R. further asserted that she would make efforts to encourage the child to grow closer to his father. The parties agreed to allow the two children to meet in a public place, firstly on
|
between 1991 and 2002
|
33. On 29 October 2002 the Mönchengladbach District Court again heard representations from the applicant, his defence counsel, the Public Prosecutor's Office and an official in charge of investigations at the Düsseldorf Tax Fraud Office on the applicant's application for judicial review of the detention order. The applicant's counsel was given copies of four pages of the voluminous case file containing the overview by the Düsseldorf Tax Fraud Office of the amount of the applicant's income and of the taxes he was alleged to have evaded
|
25 December 2003
|
64. On 19 June 2003 the investigation was suspended for failure to identify the perpetrators. Subsequently, it was resumed several times – each time on the orders of (and following criticism by) the supervisors, and then suspended again. Specifically, the investigation was resumed on
|
November 2008
|
28. On 9 July 2014, upon R.E.N.’s request (see paragraph 43 below), the Pazardzhik District Court suspended the enforcement. The court observed that R.E.N. had in the meantime brought proceedings in Bulgaria for a change of custody in respect of the child. It then noted that the child had settled well in Bulgaria, both in terms of emotional and material comfort, having been living there uninterruptedly since
|
18 November 2003
|
16. According to the applicant, he challenged this decision before the District Court, which upheld the initial decision on 26 September 2003. The applicant made a further appeal but, according to him, the court found that the latter decision was not subject to appeal. He also raised this issue during his trial and in appeals against his conviction. In a judgment of
|
22 January 2004
|
66. A hearing scheduled for 16 January 2004 was adjourned because the applicants had lodged a further motion for a change of venue. On 5 March 2004 the applicants lodged another motion. Both motions were rejected by the Supreme Court (on
|
31 January 1997
|
93. On 13 April 1999 the Stichting Duurzame Mobiliteit (Durable Mobility Foundation) – one of the appellants against the routing decision but not one of the applicants in the present case – lodged a request for revision (herziening) of the decisions of
|
10 November 2004
|
9. On an unspecified date K.’s heir brought proceedings against the applicant seeking for her eviction from the room. On 29 April 2004 those proceedings were joined with the proceedings in the applicant’s case and the hearing was scheduled for
|
17 September 2004
|
48. On 7 June 2005 the applicant, represented by R.C., a lawyer practising in Kumanovo, informed the trial court that he would take over the prosecution as a subsidiary prosecutor, and applied to the investigating judge for an investigation against P.J. and M.A. The applicant described the incident of
|
five years'
|
10. In a judgment of 28 November 2000 the applicant was found guilty by the Varna Regional Court of larceny of significant value (Article 195 § 2 of the Criminal Code) in respect of the kitchen appliances. The charges of grand larceny, theft of the truck and collusion were dismissed as unproven. The applicant was sentenced to
|
10 February 2008
|
16. On 30 October 2007 the Basmanniy District Court, by a decision worded similarly to the one issued on 3 September 2007, authorised a further extension of the applicant’s detention, this time until
|
27 July 2007
|
31. Further to the Constitutional Court’s decision of 4 October 2008 (see paragraph 27 above), on 17 November 2008 the State Court assessed the national security evidence and upheld the Ministry of Security’s decision of
|
31 December 2003
|
50. On 30 January 2007 the final Report on the alleged use of European countries by the CIA for the transportation and illegal detention of prisoners (2006/2200(INI), doc. A6-0020/2007) was published. Noting the lack of thorough investigation by the respondent State, the Report stated, inter alia:
“136. [The European Parliament] condemns the extraordinary rendition of the German citizen Khaled El-Masri, abducted at the border crossing Tabanovce in the former Yugoslav Republic of Macedonia on
|
21 May 2001
|
44. The trial court considered the evidence of mobile telephone traffic between the applicant and R.N. On 18 May 2001 the applicant telephoned R.N. 4 times, on 19 May – 3 times and on 21 May 2001 – 30 times. This evidence showed that the applicant had been in regular telephone contact with R.N. in the period leading to the murder, on the day of the murder (19 May) and after the crime had been committed. The number of calls made to R.N. on
|
23 January 2009
|
29. On 2 December 2008 the first applicant applied to the trial court to present evidence as soon as possible because he had some important information concerning it. However, at the next hearing, held on
|
31 March 2006
|
14. Fully aware that these arrangements were most probably conflicting with human rights, the international mediators considered it to be especially important to make the Constitution a dynamic instrument and provide for their possible phasing out. Article II § 2 of the Constitution was therefore inserted (see Nystuen, cited above, p. 100). It reads as follows:
“The rights and freedoms set forth in the European Convention for the Protection of Human Rights and Fundamental Freedoms and its Protocols shall apply directly in Bosnia and Herzegovina. These shall have priority over all other law.”
While the Constitutional Court of Bosnia and Herzegovina, in decisions nos. U 5/04 of
|
twenty days
|
19. On 18 August 1995 an expert from the Forensic Medicine Institute examined Ramazan Akdağ and sent the medical report to the Izmir public prosecutor's office. According to this report this applicant sustained the following injuries: haemorrhage on the right sclera, swelling of 4 x 4 cm on the post-parietal bone on the scalp, erythemas on the forehead, swellings and ecchymoses on the zygomas, the orbits and the left ear, swelling and a scar on the lower lip, a trauma on the left clavicle, ecchymosis of 10 cm in diameter on the left hemithorax and ecchymotic lesions on the right hemithorax. The forensic expert considered that the injuries were not life threatening but rendered him unfit for work for seven days and that he would recover within
|
19 May to1 June 2004
|
10. Y was repeatedly admitted to a number of hospitals. Y, accompanied by the applicant, attended the following hospitals in Poland: 18 to 19 May 2004, Specialist Hospital in Piła, Gynaecology and Obstetrics Department (Szpital Specjalistyczny w Pile, Oddział Ginekologiczno‑Położniczy);
|
12 January 2005
|
33. On 25 October 2004 and then again on 22 December 2004 the applicant complained to the Prosecutor General that he had been infected with HIV because of negligence on the part of the medical staff of Central Prison. The applicant’s complaint requested “the initiation of criminal proceedings against the persons responsible for infecting me with HIV and hepatitis C”. The Prosecutor General forwarded the applicant’s claim to the Ministry of Justice, which on
|
14 July 1998
|
8. The adjudication hearing before the governor commenced on 22 June and continued on 23 June 1998 when a letter was received from the applicant’s solicitor requesting that he be legally represented at the hearing. The governor adjourned the hearing until
|
three to five days before
|
17. Later the same day, a forensic doctor examined the applicant. The applicant told the doctor that he and Sh. had struck each other in the face and that the police had tortured him. To his description of torture he added slaps on his right hand. The doctor established the following injuries: bruises on the left eye and cheekbone caused by a blunt object
|
6 July 2000
|
110. Still on 9 June 2000, the applicant İnan Özgür Bahar lodged a complaint with the Ceyhan public prosecutor’s office and the Sub-Commission regarding the abuse which he had suffered. The Prosecutor invited the Ceyhan public prosecutor’s office to arrange for the applicant to be examined by a doctor in order to verify his claims.
On
|
thirty days
|
17. On 24 June 2015 the applicant lodged a habeas corpus application with the Supreme Court, claiming that the lack of analysis of his appeal in respect of the lawfulness of the decision placing him in pre-trial detention had violated Article 5 § 4 of the Convention. He further argued that the time-limit of
|
30 September 2003
|
16. The applicants’ description of the circumstances surrounding the abduction of Abdul-Malik Shakhmurzayev was based on the witness statements provided by the applicants to the Court: a statement by the applicants’ relative Mr R. S., an account of the events by Mr S. (undated); an account of the events by witness Mr G. dated
|
30 April 2013
|
18. By a decision of 16 September 2013 the Supreme Court refused the applicant’s request for legal aid. The Supreme Court noted that although the applicant had asked for legal aid for herself and not for O.T., she had justified her request by arguing that there was a need to protect O.T.’s rights – primarily his right to liberty. The Supreme Court went on to add that the applicant did not herself have rights in the proceedings in question that she could protect by means of securing legal aid and that there was therefore no need to recognise her right of appeal. The Supreme Court noted that the legal aid lawyer appointed for O.T. by a decision of the Tartu County Court of
|
2 October 2001
|
24. Following another application for supervisory review lodged by the President of the Rostov Regional Court on an unspecified date, the Presidium of the Rostov Regional Court on 31 January 2002 quashed the decisions given on 2 July and
|
26 October 2012
|
18. On 16 July 2012 the head of the General Directorate of Human Resources of the Greek Parliament notified the Ministry of Justice that E.T. had ceased to be member of parliament since 11 April 2012. On
|
31 October 2009
|
76. On 11 January 2010 the investigators requested that the time-limit for the investigation in case no. 66094 be extended owing to the number of investigative steps to be taken. The document stated that the investigation had been severely hampered by the persistent refusal of the law‑enforcement authorities involved in the operation on
|
19 November 2005
|
14. On 28 November 2005 the applicant’s mother went to the Ialoveni prosecutor’s office, where she met the superintendent of the Ialoveni police station. She was allegedly told by the latter that her son had been ill-treated by staff at the detention facility. In the hall of the prosecutor’s office she met one of the police officers who had previously visited her home on
|
16 May 2005
|
10. On 28 January 2004 the applicant appealed to the Celje Higher Court. ZT cross-appealed.
On 6 April 2005 the court upheld the applicant’s appeal in part and dismissed ZT’s appeal.
The judgment was served on the applicant on
|
16 November 1999
|
16. On 11 January 1999 the Bucharest District Court upheld his request and set to ROL 69,250,000 the amount corresponding to damage for non-compliance between 5 October and 14 December 1998. On 6 October 1999 Bucharest County Court upheld that judgment.
On
|
6 July 2012
|
38. The court dismissed the applicant’s request for an alternative preventive measure, including bail of 500,000 Russian roubles (RUB), and personal guarantees of several state officials and found that his release was not required on health grounds. It ordered the applicant’s detention until
|
16 July 2004
|
38. On 14 July 2004, given that none of the parties requested the court to resume the proceedings within four months from the date the proceedings were stayed, the court decided to terminate the proceedings on the basis of the assumption that the applicant had withdrawn his claim. This decision was served on the applicant’s representative on
|
thirty days
|
54. On 29 May 2006 the President of the Novosibirsk Regional Court held a fresh appeal hearing and upheld the decision of 21 February 2005 ordering the applicant’s placement in the temporary detention centre for juvenile offenders. He found that the applicant had committed a delinquent act punishable under Article 163 of the Criminal Code but that no criminal proceedings had been instituted against him because he had not reached the statutory age of criminal responsibility. He belonged to a “problem family”; his parents had been deprived of parental responsibility and he was cared for by his grandfather. He played truant from school and spent most of the time on the streets or in a computer club. In those circumstances, it had been necessary, in accordance with section 22(2)(4) of the Minors Act, to place him in the temporary detention centre for juvenile offenders for
|
4 April 2008
|
7. A first trial of eight defendants, including the applicant, on charges of conspiracy to murder (Count 1) and conspiracy to endanger the safety of an aircraft (Count 2) began in the Crown Court on
|
25 July 2004
|
20. In the meantime, on 17 June 2004 the Court of Appeal of the Crimea considered, as a court of first instance, the investigator’s request for an extension of the applicant’s detention and authorised the extension until
|
23 September 1982
|
47. The Advocate General noted that the applicant company had relied on the right to peaceful enjoyment of property, protected by the Convention, and the right to pursue a commercial activity, recognised as a fundamental right by the ECJ. Having considered Sporrong and Lönnroth v. Sweden (judgment of
|
31 December 2001
|
30. The subsequent hearings of 24 and 25 December 2001 were postponed because the lawyer for the applicant's co-defendant had defaulted. The proceedings were stayed until 1 April 2002. The applicant claimed that on
|
16 August and 7 November 1996
|
18. In the remainder of the proceedings, the first-instance court and the Court of Cassation continued to examine the case on the basis of an interpretation of the different provisions of the Turkish Code of Obligations as regards the application of the statutory time-limit, and sought to establish which provisions were applicable to the case. Throughout three rounds of examination, the first-instance and appeal courts disagreed on the question whether the defendant party had acknowledged paying any amount to the applicant in its statements of
|
October 1994
|
19. The applicant filed two submissions with the Court of Appeal after the expiry of the time-limit for appealing. He also asked it to speed up the proceedings, referring to the ongoing original proceedings before the District Court, where judgment was expected in
|
9 April 2010
|
37. On 30 August 2007 the applicant filed an indictment in the Z. Municipal Court against D.K. and T.S., alleging that on 11 August 2006 they had caused him grave bodily injuries by hitting and kicking him on the head, back, torso and legs. Until
|
14 May 2008
|
16. On 23 May 2008 the applicant association appealed against the decision. They pointed out that most of the entrepreneurs working in the warehouses intended to participate in the demonstration. Moreover, the mayor had failed to notice that the duration of the planned demonstration had been halved in order to accommodate the arguments that the mayor had put forward in her first decision of
|
several months
|
15. On 15 May 1998 the Supreme Court extended the applicant’s detention until 31 October 1998. It found that apart from the reasonable suspicion that he and the two co-accused persons had committed the offence at issue, there existed an actual risk that they would obstruct the proceedings if released. The assumption of that risk was based on the severity of the potential sentence, and the fact that not all witnesses had yet been heard by the court and that other defendants had indeed attempted to contact witnesses who appeared at the trial in order to intimidate them. Thus, only the applicant’s continued detention could guarantee the proper conduct of the proceedings.
Nevertheless, the Supreme Court also recommended that the trial court should “schedule the hearings in a more rational way so as to avoid further intervals of
|
6 November 2007
|
18. On 12 October 2011 the applicant applied to have the provisional maintenance order varied. On 18 November 2011 the District Court rejected his application, referring to the fact that the proceedings challenging the enforcement order of
|
28 February 2000
|
16. On 16 February 2000 the Regional Court informed him that as a result of bankruptcy proceedings concerning the defendant co-operative, a motion had been lodged with the competent bankruptcy court to strike it out of the commercial register. The court stated that the final judgment would be given on
|
the previous day
|
12. On 6 June 2000 the applicant was released from police custody and was brought before a prosecutor and then before a judge, who questioned him further. The applicant denied the statements taken from him by police officers
|
30 August 2006
|
10. On 27 February 2007 the first deputy head of the central police station of Minsk faxed a letter to the head of the Domodedovo transport police department, asking him to keep the applicant in custody. He enclosed a warrant for the applicant's arrest sanctioned by the Minsk town prosecutor on
|
between 27 September 2000 and 27 September 2002
|
25. On 13 July 2005 the Katowice Court of Appeal dismissed the applicant's complaint. To a certain extent it acknowledged that the proceedings had been lengthy. However, in the opinion of the court that was due to objective reasons, namely the factual and legal complexity of the case, such as the significant number of accused, the nature of the charges against them, the fact that they were dangerous criminals and the necessity to ensure that the trial was conducted safely. The court explained that as the applicant had been serving another sentence
|
2 July 1998
|
7. Mr Erkan Aslanbenzer stated before the public prosecutor that he was not a member of the organisation in question. He maintained that the periodicals found in his apartment were legal publications and not propaganda tools for the TKP/ML-TIKKO-TMLGB. He further contended that he was a member of the Confederation of Public Employees' Trade Unions (“KESK”) and that he had participated in several demonstrations. When the applicant was shown a photograph, allegedly of him at a demonstration behind a banner bearing the name Partizan, a periodical, he maintained that the person in the photograph could not have been him. Lastly, he stated that he did not remember whether on
|
4 November 2007
|
21. On 4 September 2009 the Koper District Court convicted the applicant for the aggravated murder of X and sentenced him to twelve years’ imprisonment. In view of (i) the expert opinions regarding the shoe traces on X’s back which had led to the conclusion that the presence of another person at the crime scene prior to X’s death could not be excluded, and (ii) the fact that the knife with which X had been stabbed and cut had not been found, the Koper District Court held that there was insufficient proof that the applicant had stabbed and cut X. However, the court found on the basis of the forensic medical evidence that X had still been alive before he had been run over by the car and that the injuries to X’s chest, spine and aorta, which had been the direct cause of his death, had been caused by the applicant having intentionally run him over with his car. It further found it proven on the basis of the evidence at the scene – such as (i) a piece of rubber tube belonging to the applicant’s car, (ii) the applicant’s biological traces found on X’s body, (iii) X’s biological traces found on, inter alia, the applicant’s clothing (which was blood-stained) and on the outside of the applicant’s car – that the applicant had been beyond doubt at the crime scene and had had contact with X. Referring, in particular, to the findings of the experts in vehicle science, who had performed reconstructions at the scene testing the applicant’s versions of events, the court discounted the possibility that the applicant had run over X by accident. The court furthermore found that the applicant and X had known each other, which was confirmed by the applicant’s statements as well as by telephone records and witness testimony. Lastly, the court referred to the telephone records, together with other evidence such as medical evidence and X’s petrol bill, when elaborating on the time of death, finding that it had undoubtedly occurred on
|
Between 5 November and 28 December 1998
|
14. According to the applicant, each cell measured approximately 42 m2 and accommodated 42 to 51 inmates. Inmates took turns to sleep. Thirty sleeping places were available, of which two were occupied with water receptacles for washing and flushing the toilet. The water containers were needed as running water was only available for one hour three times a day. No bedding was provided to inmates, save for tattered cotton mattresses.
|
October 2001
|
21. In October 2001, the Foreign and Commonwealth Office advised the United Kingdom Government that Article 3 of the Convention precluded the deportation of terrorist suspects to Jordan. In March 2003, after a Government review of the possibility of removing such barriers to removal, the Foreign and Commonwealth Office confirmed that its advice of
|
about two months
|
15. About a week later, three people from AWAS interviewed her. During the interview a male detainee provided interpretation services. After the interview they informed her that as they could not confirm her minor age through the interview they would send her for a further age verification (FAV) test - an X-ray of the bones of the wrist. The applicant was taken for the FAV test
|
20 November 2002
|
169. On 15 August 2001 the investigation was resumed. On 15 September 2001 the investigation was suspended again. It was subsequently resumed on 29 August 2002, then suspended on 15 September 2002, resumed on
|
27 December 2007
|
80. On 21 December 2007 the Court indicated to the Government an additional interim measure, confirming, at the same time, the validity of the previous one (the transfer of the applicant to a specialised institution). The Government were invited to form a medical commission, to be composed on a bipartisan basis, to diagnose the applicant’s health problems and suggest treatment. The commission was also to be charged with deciding whether the applicant’s medical conditions could be adequately treated in the medical facility of the detention centre. The Government was invited to report on the implementation of this additional measure by
|
28 March 2000
|
6. On 1 February 1999 the Tsentralno-miskyy District Bailiffs' Service (Відділ Державної виконавчої служби Управління юстиції Центрально-міського району м.Горлівки) initiated the enforcement proceedings. On
|
5 March 2004
|
25. On 2 March 2004 the investigator of the Debaltseve Department of the Interior appointed the applicant, acting as a legal advisor, as legal assistant to a minor, B., who was charged with robbery. On
|
26 July 1987
|
12. On 7 January and 2 February 2009 respectively, the applicant lodged a second asylum request with the Federal Office for Migration (hereinafter “the FOM”), indicating that he had in the meantime become a political activist in Switzerland in such a way that he would face a real risk of persecution if expelled to Sudan. He explained that he had become an active member of the Sudan Liberation Movement-Unity (hereinafter “the SLM‑Unity”) in Switzerland, had been appointed its human rights officer, and had participated in several of its public activities since 2006. In addition, he also had become a member of the newly-founded Darfur Peace and Development Centre (hereinafter “the DFEZ”) in Switzerland. He stated that because of an interview broadcast on a local TV channel in Eastern Switzerland, as well as several press releases in which his name had appeared, the Sudanese authorities had certainly identified him as an SLM‑Unity member. It followed that if expelled, he would in all probability be arrested at the airport in Sudan and be exposed to a risk of treatment contrary to Article 3 of the Convention, not least because he originated from Darfur, had applied for asylum abroad and had spent many years outside his home country. With regard to his origins, he submitted an official extract from the birth register in Sudan issued on
|
17 January 2005
|
43. On 14 February 2006 the National Association of Catholic Travellers (Association nationale des Gens du Voyage catholiques, ANGVC) complained to the High Authority for the combat against Discriminations and the promotion of Equality (Haute Autorité de Lutte contre les Discriminations et pour l’Ėgalité, the “HALDE”) concerning the ban on travellers’ camps throughout the municipality of Herblay, pursuant to a municipal by-law of
|
December 1989
|
7. In 1990 following the overthrow of the communist regime, the military prosecutor’s office opened investigations into the armed crackdown on the demonstrations. The main criminal investigation into the use of violence, particularly against civilian demonstrators, during the events of
|
10th Cir. 2001
|
107. Lower federal courts have found that whether an extended term of solitary confinement violates the Eighth Amendment will depend on the particular facts of each situation, including the circumstances, nature and duration of the confinement (DeSpain v. Uphoff 264 F.3d 965 (
|
8 December 2009
|
33. On 6 November 2009 the Centru district prosecutor's office suspended the investigation because the identity of the perpetrator(s) had not been established. On 15 December 2009 the first applicant complained to the Prosecutor General's Office about the suspension of the investigation. He also noted that he had not been informed about the suspension and had only found out about it on
|
six years and three months
|
11. On 10 April 2006 the Twelfth Chamber of the Istanbul Assize Court delivered its judgment. It acquitted four of the accused and convicted the applicant and five other accused as charged and sentenced the applicant to
|
28 June 2013
|
67. On the same day the investigator requested from the Transport Prosecutor’s Office in Orenburg a copy of the extradition case file, in order to fully consider the possibility of the applicant’s forced removal to Uzbekistan. It was provided on
|
27 July 2007
|
22. The facts as set out by the prosecutor’s office at the High Court of Cassation and Justice in its decisions of 16 September 1998 and 17 June 2009 and in the decisions to commit for trial of 18 May 2000 and
|
fifteen years’
|
10. On 24 October 2002 the District Court examined the investigator’s request for an extension of the applicant’s detention. The request was based on the suspicion that the applicant had committed a very serious offence, punishable by
|
12 April 2002
|
48. On 26 February 2004 the National Prison Authority investigated the applicant’s complaints lodged on 4 February 2004 and found, inter alia, that the applicant’s requests from 24 November and 4 December 2003 had been dismissed by reasoned decisions. Moreover, from
|
from 24 June to 15 September 1998
|
101. The following four questions were put to the jury by the presiding judge:
Question 1. Has it been shown that, from 19 February to June 1998, meetings occurred in Birmingham and London (Great Britain) at which a cooperation agreement was concluded with S. Kidd, a representative of US military intelligence, on gathering information about the Russian Federation, for subsequent transfer to the above-mentioned individual; in accordance with instructions from S. Kidd, the following information was collected in the Institute for the USA and Canada in Moscow and Obninsk (Kaluga oblast), stored and handed over on various dates:
(a)
|
21 August 1992
|
8. The expropriation decision stated that the applicant should receive in compensation another plot of land in the village. The applicant received additionally a sum of money (the parties have not presented the decision of the mayor on the additional compensation). The majority of the remaining owners received either monetary compensation or flats in the city of Pernik. As another plot was not provided to the applicant within the statutory time‑limit of one year, on
|
24 March to 7 April 2008
|
33. In February 2006, March, July and September 2007 and March 2008 the applicant was admitted to various civil hospitals and one military hospital for treatment in relation to a number of conditions of varying degrees of seriousness. From
|
6 August 2010
|
13. Subsequently, the applicant claimed that there were impediments to the enforcement of his deportation order, reiterating the claims he had made previously. He submitted another medical certificate dated
|
19 June 2008
|
37. On 7 May 2009 the Court of Appeal quashed the judgment of 26 June 2008 and remitted the case for fresh examination to the first-instance court, pointing out some shortcomings which could only be rectified by a rehearing. Thus, the Trostyanets Court had failed to involve in the proceedings the investigator in charge of the search, as well as the State Treasury. Furthermore, it had not taken into consideration the amendments to the applicant's claim of
|
the third day
|
51. On 21 April 1992 soldiers came to the hamlet, gathered the villagers together and asked them why they had not yet left the hamlet. The soldiers then destroyed some parts of the houses in the hamlet, using hand grenades and pickaxes. Before leaving the hamlet, they told the villagers to leave within three days. On
|
14 April 2011
|
9. In 2011 the applicant lodged a compensation claim for non-pecuniary damages caused by poor conditions of detention. In the text of his claim the applicant explicitly asked the court to consider the claim in his absence. On
|
16 December 2004
|
13. The applicants initiated separate proceedings asking for compensation for damage caused by the non-enforcement and for registration in the land register of their title to a two-room apartment. In two judgments of
|
1 June 2010
|
16. As to the applicant’s medical care, the Government submitted that on 17 February 2010, before his transfer to Bjelovar Prison, the applicant had claimed that he had no serious health issues. He had confirmed this when examined by a doctor in Bjelovar Prison on
|
16 March 1998
|
9. On 14 November 1997 the applicant lodged an appeal on points of law with the Supreme Court (Vrhovno sodišče).
On 24 February 1998 the court dismissed the applicant’s appeal.
The judgment was served on the applicant on
|
15 May 2013
|
25. On 5 June 2012, the Parliament of Ukraine adopted new legislation, namely “the Act on State Guarantees concerning execution of judicial decisions with amendments” (Закон України “Про гарантії держави щодо виконання судових рішень”; “the 2012 Act”). The 2012 Act, which was amended on two occasions, namely on
|
25 February 2009
|
58. The appeal lodged by the Ministries was upheld by the Supreme Administrative Court on 15 February 2008 and the decision awarding Mr Saçılık the compensation was quashed. The applicant’s request for a rectification of that decision was rejected by the Supreme Administrative Court on
|
a year earlier
|
27. On an unspecified date – apparently in August 2006 – a person whose name is not clear from the documents but who appears to be R., the Head of the Nagatinskiy Zaton OVD, was questioned. He stated that
|
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.