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15 January 2010
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31. By a letter of 25 December 2009 the Nizhniy Novgorod FMS advised the applicant that it could not examine his application since he did not meet the “refugee” criteria set out in the domestic law. On
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17 December 1996
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12. Immediately after the pronouncement of the acquittal, at the same hearing, the applicant requested compensation for her detention on remand. The Wels Regional Court, with the same composition as above, dismissed the applicant’s claim. It found that, apart from the fact that the jury’s verdict had not been unanimous, the suspicion against the applicant had not been dispelled. Thus the requirements of section 2 (1)(b) of the Compensation (Criminal Proceedings) Act 1969 (Strafrechtliches Entschädigungsgesetz 1969 – “the 1969 Act”) were not met. In particular, the statement of the applicant’s parents that she had spent the night of the murder at their home was not credible. In addition, she had owned a weapon which could have been the one used for the murder and her defence that she had no contact with the victim shortly before the commission of the crime had been disproved by the statements of a number of witnesses. The decision was served on the applicant after her acquittal had become final on
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16 July 2002
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14. A preliminary autopsy report was issued on 21 June 2002. It concluded that “The death of [V.P.] unequivocally resulted from violent causes as a consequence of massive blunt violence to the head area. This mechanism entirely corresponds with injuries following a fall from a height. During the autopsy no indications were found which would unequivocally suggest third party active intervention in the death of [V.P.]”. The autopsy findings were described in a report of
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one and a half years’
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21. In a judgment of 27 March 2001 the Sofia City Court acquitted the applicant of the charges concerning two of the thefts and upheld the remainder of the Sofia District Court’s judgment. It imposed a global sentence of
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15 July 2010
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10. On 12 August 2010 the District Court extended the applicant’s detention until 30 August 2010 citing the seriousness of the charges and the fact that the investigation had not yet been completed. The court found that if released the applicant could influence his co-accused or the victims. With reference to the medical report of
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two days before
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12. After three months, on 26 September 2012, A was moved from the emergency foster home to her current foster home. The background to this move was that the emergency foster mother had discovered a car following her after a contact session at the child welfare centre
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19 January 2006
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26. In December 2005 the applicant requested that the Kyiv Regional Court of Appeal provide him with copies of certain documents from his case file, including the verbatim records of his questioning during the investigation, the decisions concerning his detention, and various procedural decisions taken in the course of the investigation and trial, which he intended to submit to the Court in support of his application. In a letter dated
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the same day
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10. On 15 June 2004 the applicant was apprehended and detained by the police. He presented himself under the false name of Mr Linas Jatkonis. The temporary arrest record states that “the applicant was suspected of having committed a crime enumerated in Article 178 § 2 of the Criminal Code [theft]”. The applicant signed the record without any further remarks. As it transpires from the investigator’s report of
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3 September 2002
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23. On 27 February 2002 the case-filed was remitted to the District Court and sent to the experts. The latter examined the applicant’s flat on 25 July 2002 and returned the case-file to the District Court on
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19 November 2004
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32. On 14 September 2006 the Constitutional Court declared the complaint inadmissible as out of time. With reference to its previous decisions in cases nos. III. ÚS 90/03, III. ÚS 188/03, III. ÚS 332/04 and II. ÚS 246/06, the Constitutional Court observed that when a decision under the CCP which was final was served on a complainant and his or her lawyer, the applicable two-month time-limit for challenging such decision by way of a constitutional complaint started on the day when the decision was served on the complainant. In the applicant’s case, the time-limit started to run on
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20 May 2005
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27. On the basis of an order by the Ministry of Health and Social Welfare, Doctor V.P., a neurologist from the Republican Neurology Centre of the Ministry of Health and Social Welfare (“the RNC”), examined the applicant on
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23 July 2002
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11. In 2000 a criminal investigator froze certain property belonging to M.S., his mother and the applicant. The mother appealed against that decision, pursuant to Article 2441 of the Code of Criminal Procedure (see the Relevant domestic law and practice part below). As a result, on
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22 December 2010
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9. In the meantime, on 16 December 2010 another group of three individuals, none of whom are applicants in the present case, submitted notice of an alternative public demonstration to the mayor of Moscow, at the same time and place as the authorised event and with the same title. It appears that this second public demonstration was not authorised, but on
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30 June 2011
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8. In application no. 23611/12, Evangéliumi Szolnoki Gyülekezet Egyház (Evangelical Szolnok Congregation Church) is a religious community active in Hungary since 1998. Mr P.J. Soós is a Hungarian national who was born in 1954 and lives in Budapest. He is a minister of Evangéliumi Szolnoki Gyülekezet Egyház.
This applicant community was involved in social activities outsourced by the municipality of Szolnok and had concluded an agreement with the State Treasury on the provision of services for homeless people. In 2011 the Treasury cancelled this agreement and granted the relevant subsidy only until
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26 June 2003
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22. Subsequently, the judge in charge of the applicant's criminal case confirmed to the applicant that his application of 4 April 2003 for review of the lawfulness of his detention would be considered on
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4 September 2014
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25. On 1 August 2014 the first applicant requested that the Centre specify his visiting rights regarding his daughter for that month. On 30 September 2014 the Centre dismissed this request since the first applicant had left the respondent State on
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January 2010
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7. According to the applicant’s submissions, he lived in Atyrau, Kazakhstan until 2010. Between January and November 2010 the applicant was constantly harassed by the police, taken into police custody and ill-treated. In
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4 October 2000
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56. Regarding the allegation of “coercion into destroying the family,” the District Court relied on the statements by seven family members of Jehovah's Witnesses – five of which were members of the Salvation Committee – who had been unhappy about their relatives' abidance by the religious norms, their active involvement in the applicant community and their estrangement from non-religious family members. Thus, one husband had blamed the applicant community for the collapse of his family life, claiming that since “his wife [had] joined the Jehovah's Witnesses, she fulfil[led] all their orders, [he] c[ould] not discuss anything with her, or even watch TV with her because of her comments on everybody, including the leadership of the country and the Orthodox Church”. Other witnesses complained that their adult children or, in one case, the daughter-in-law had spent less time caring for elderly relatives because they had been constantly busy within the community. The District Court further relied on the majority opinion of the expert study of
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as late as 15 October 2003
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29. From the statements of a duty officer and the carpenter who had forced the door to the room it was established that the door had been locked from the inside when it was forced. When the prosecutors questioned two direct supervisors of Mr Masnev, they found out that nobody, including his colleagues, had threatened Mr Masnev
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26 June 2007
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29. On 30 August 2007 that decision was overturned by the Kyiv City Prosecutor’s Office (прокуратура м. Києва) which referred the case back for further examination. It was noted that the instructions of the Dniprovskiy Court of
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17 October 2001
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23. On 12 May 2003 the Court of Cassation quashed the judgment of 21 May 2002. It noted that one of the persons ordered to pay compensation was not an apartment owner in the business centre at the time of the accident and that the first-instance court should have duly established the names of the owners before rendering its judgment. The Court of Cassation further noted that the applicant’s petition of
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between 16 June and 13 December 2010
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42. On 25 October 2011 the second applicant brought a compensation claim on behalf of her son and herself against Kazan Specialist Psychiatric Hospital for damage incurred as a result of the first applicant being unlawfully confined in the hospital
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17 December 2002
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14. On 6 December 2002 the Varna Regional Court extended the applicant’s detention for a period of thirty days on the basis of Article 68 of the 1975 Treaty. On an appeal by the applicant, in a decision of
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4 June 1997
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27. On 5 February 1997 the court held a hearing and heard 8 witnesses.
The hearing scheduled for 5 March and 16 April 1997 were adjourned due to the absence of one of the co-accused and the illness of some lawyers. On
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up to three years
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40. The relevant provisions of the Criminal Code read as follows:
Article 309 Extorting of confessions
(1) The act of forcing someone to confess to a criminal offence or to make statements during questioning, by means of threats or by other illegal means on the part of the person carrying out a criminal investigation ... shall be punishable by imprisonment of
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2 September 2002
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10. On 3 May 2001 the applicants’ family was provided with police bodyguards to secure their safety in connection with these proceedings. On 1 November 2001 the measure was lifted with reference to the first applicant’s inappropriate behaviour towards the guards. By the final decision of
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21 October 2002
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19. On 21 August 2002 the District Court appointed a public defender to represent the applicant – Ms M.K., a member of the Bar – as the representative chosen by the applicant – Mr J.R., a civil engineer – was not considered capable of representing her, given the gravity of the alleged offence. The applicant contested the appointment of Ms M.K. in a written representation, without however naming a lawyer of her choosing, although invited to do so. On
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21 November 2002
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65. In his grounds of appeal the applicant claimed that the extension had been unlawful and asked that he be released on an undertaking not to leave town, taking into account his permanent residence and family situation. On
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the past three years
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41. On 5 February 2007 a report was drawn up by a social worker who had visited both parents’ homes and had interviewed the parties.
The report reiterated the fact that the intense, litigious past of the parties had decisively aggravated and strained the relationship between the parents, on the one hand, and between them and the children, on the other hand. Such incidents had also contributed to the fact that the two brothers had not been able to see each other as often as they wanted.
The social worker also interviewed C.I., who had stated that:
“he decided in desperation to escape from his father’s home by taxi, as he felt neglected, isolated, offended; he was not allowed to speak to his mother and to his brother Th.N., he was not allowed to have friends over, he did not have a good relationship with his father’s girlfriend or with her son, who had been living with them for
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27 October 2003
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54. Having been unable to hear the applicants extradited to Russia (see paragraph 49 above), the Court has used the surnames provided by Ms Mukhashavria and Ms Dzamukashvili for four of them. The name of Mr Khusein Khadjiev, the fifth applicant, is that mentioned on his application form, which reached the Court on
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28 June 2002
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23. On 5 April 2002 the applicant lodged a criminal complaint with the Military Prosecutor's Office concerning the alleged ill-treatment suffered at the hands of police and prosecutor F.C. He also alleged that he gave USD 5,000 to a prosecutor, through an intermediary, to help in the proceedings; he requested that the sum be reimbursed by F.C. and the middle man. On
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under 14 years of age
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38. Lastly, the 2009 report recommends in particular: (a) a general reform of the status of the institutions in question and of their operation, through the inclusion of alternative educational and preventive methods; (b) the introduction and development of units for preventing deviant behaviour, and their involvement as soon as children display the first signs of such behaviour; (c) shorter placements, with more emphasis on social rehabilitation and psychological support for children than on teaching; (d) returning the children in question to the ordinary school system, including in schools in their home area, rather than keeping them apart in specialist institutions, through an intensive individual integration scheme managed by teams of educational experts; (e) the introduction of programmes allowing young people to acquire vocational skills; (f) instilling an atmosphere of cooperation with families; (g) a reform whereby local committees for combating juvenile antisocial behaviour would no longer have a decisive role in taking educational measures and such decisions would be taken by a specialist judge alone; (h) abolition of punishments for juvenile antisocial behaviour; (i) abolition of criminal penalties for children
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7 September 1999
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16. The Ministry appointed a specialist board of experts to assess the two schemes. The board comprised experts from the Ministry of Industry, of Environment and Water, and from the Ministry of Finance, as well as from Panagyurski Mini EAD and ET Marin Blagiev. It held a meeting on
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19 July 2004
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22. On 19 July 2004 the Secretariat of the Constitutional Court forwarded the court’s decision to the second applicant. In a letter of 5 August 2004 a regional office of the Department of Execution of Sentences sent the Secretariat’s letter of
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25 June 2013
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53. On 17 October 2013 the Irish liaison judge for the EJN wrote to the Polish liaison judge informing him of the custody proceedings in Ireland, the agreement of 24 June 2013 made by the parties in relation to custody and access rights and the order of
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1 February 2004
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15. In support of her statements, the applicant submitted her own statement dated 22 February 2010; a statement by Ms G.P. dated 29 January 2004; a statement by Mr S.Kh. dated 1 March 2010; a statement by Ms Z.T. dated
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several months
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17. On 21 September 2012 the Minister of the Interior, reacting to a letter from civil society organisations, informed the public that the conduct of the police had been adequate and that forty people, including five demonstrators, had been questioned by the police. Following a statement from two injured persons, the police opened criminal proceedings against unknown perpetrators on charges of “disorderly conduct” (garázdaság), which was subsequently amended to “violence against a member of a group” (közösség tagja elleni erőszak). It appears from the case file that a further criminal investigation was opened into charges of “violence against a member of a group”
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19 October 2004
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38. The other four applicants, Mr B. Asadbeyli, Mr S. Hamidov, Mr H. Mammadov and Mr E. Mammadov, also lodged cassation appeals against the Court of Appeal’s judgment of 24 March 2004. The Supreme Court examined their appeals together and, on
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1 August 2001
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25. On 27 May 1997 the proceedings relating to this claim were registered under number 7 C 87/97. On 14 July 1998 the same case was again registered under number 12 C 211/98. As both cases concerned the same subject-matter and parties, the proceedings registered under the former number were formally discontinued on
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5 February 2010
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37. As regards the applicant’s request to vary the measure, a hearing took place on 6 November 2009 in the presence of both the applicant and her lawyer. Following a request by the lawyer, the court decided to stay the proceedings. They were resumed on
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twenty years ago
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18. On 22 September 1999 the Ankara Administrative Court decided that the demolition order issued by the administrative council had to be annulled, stating as follows:
“The administration failed to prove the exact date of the beginning and completion of the construction in question. As it was not definite that the construction of the property still continued after the expiry of the relevant construction permit, it was not possible to decide on the legal status of the construction. In the action brought by the applicant for the determination of the legal status of the property, it was held that the house was constructed
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30 December 2011
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28. At a further hearing held on 28 October 2011, with reference to the applicant’s motion of 7 March 2011, the Kraków-Krowodrza District Court ordered the mother to comply with the interim contact order within two weeks on pain of a fine of 1,000 Polish zlotys (PLN). On
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12 March 1993
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5. On 27 January 1993 the Veszprém District Mining Authority issued a permit for another company, authorising it to construct principal gas pipe sections in two streets in Szentgotthárd. On 8 February 1993 the applicant filed an administrative appeal. On
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7 August 2006
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23. The District Court tried to summons C. again. In its letter of 12 March 2009, the court sent a summons to the main hearing to C. through her mother. On 13 March 2009 the District Prosecutor’s Office sent to the District Court copies of the documents justifying the urgent need to interview C., namely the request of
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two years, nine months and ten days’
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37. On 25 March 2002 the Denizli Assize Court heard evidence from the accused police officers, who denied the allegations against them. On the same day, the first-instance court once again convicted M.S., A.A., A.K. and İ.U. as charged and sentenced each of them to
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28 June 2001
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16. On 9 May 2001 the mother lodged an appeal with the Rostock Court of Appeal (Oberlandesgericht) asking for the rejection of the father’s right of contact. The applicant objected to the appeal by written submissions dated
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several days later
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22. In early February 2011 the applicant applied for medical assistance, complaining of coughing blood, stomach pain and dizziness. He explained that he had swallowed a ten-centimetre-long metal wire as a way of protesting against the internal rules of the colony. The applicant received treatment and was seen by a surgeon from the Iskitima town central hospital. An X-ray performed
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12 May 2006
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48. A detention order for a period of thirty days was issued by the investigating judge of the Buiucani District Court on the same day. The judge argued, inter alia, that C.T. had attempted to influence a witness. He relied on a transcript of a telephone conversation of
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7 December 2004
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158. On 17 February 2005 the investigators questioned officer A.Kh. from the Argun ROVD. According to him, on 8 December 2004 he had heard from Argun ROVD officers and officers from the temporary operative group of the Ministry of the Interior (Временная оперативная группировка органов и подразделений Министерства Внутренних Дел) (“the VOGOP”) that a special operation aimed at arresting Mr A.Kh. had taken place on
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24 January 2006
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39. The second applicant appealed to the Court of Appeal, arguing that the inability to cross-examine T. infringed his right to a fair trial. The Court of Appeal acknowledged that the Crown accepted that T.’s statement was “both important and probative of a major issue in the case ... had it not been admitted the prospect of a conviction would have receded and that of an acquittal advanced”. The court upheld the reasoning of the trial judge, stating that there was available not only cross-examination of other prosecution witnesses but also evidence from the second applicant himself and the potential for evidence from other bystanders in order to prevent unfairness. It was also stated that the trial judge had explicitly warned the jury in detail as to how they should treat this evidence and properly directed them as to how they should consider it in reaching their verdict. Although the second applicant maintained that even a proper direction by the judge could not cure the unfairness, the Court of Appeal held that the jury was informed of all matters necessary to its decision-making process. Leave to appeal on conviction was refused on
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the same day
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11. The applicant sought protection of his rights in relation to the decision to suspend him as a judge by way of what he termed an appeal (rozklad) to the Judicial Council of 29 October 2009, an administrative-law action of
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28 September 2005
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32. By a final ruling of 8 February 2007, the Panevėžys Regional Court dismissed the applicant’s appeal, finding that any kind of prosecution had become time-barred. The appellate court noted that the applicant had initiated private prosecution proceedings back in 2001. In 2002 the court had transferred the case to a public prosecutor to pursue an investigation into the charges being brought against J.H.L. of his own motion. As a result of the legislative changes in 2003, it had not been possible for the public prosecutor to carry on with the investigation. The Panevėžys Regional Court also observed that on
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10 October 1995
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6. Two sets of criminal proceedings were opened against Mr Karandja on unspecified dates in 1995. In the first set he was charged, together with two others, with breaking into a car on 15 December 1994 and stealing 706 pairs of stockings with a total value of 15,120 Bulgarian levs (equivalent at the material time to approximately 1,000 United States dollars). In the second set he was charged with driving a car without a valid licence on
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3 July 2009
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37. On 25 August 2010 the State Prosecutor’s Office dismissed the applicant’s appeal. It considered that the use of force, special equipment and means of restraint had been caused by the applicant’s behaviour, that is to say his failure to comply with the orders given to him and his physical and verbal aggressiveness towards the prison officers. It relied on the applicant’s handwritten letter of explanation to the prison director, in which he had confirmed having said on
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28 March and 2 June 2011
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21. The Second Belgrade Municipal Court – Sopot Unit (hereinafter “the enforcement court”) issued an enforcement order on 29 June 2010. The applicant asked the court to expedite the enforcement proceedings on several occasions. On
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2 August 1997
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25. The Centre's report compiled by Miss C.H. on 30 July 1997 stated that its aims were to assess the future risk posed to O.D. by his parents, to assess their handling and interaction with the child and to assess their parenting skills. The report noted that the couple presented as being very capable of caring for O.D. and that both appeared to be committed, with a willingness to accept the advice of professionals, although their level of anxiety had been high. Concerns remained, however, about O.D.'s feeding difficulties and limited weight gain, as he remained substantially below the third centile weight for a child of his age. In a further report on
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4 August 1999
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7. In July and August 1998 the applicants made various monetary deposits with the Voronezh branch of the SBS-Agro Bank (“СБС-Агро”). In September 1998, during a financial crisis in Russia and rapid currency devaluation, they requested the bank to refund the capital with interest, but the bank refused. On
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4 February 2004
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12. On 24 June 2005 the Tarnów District Court gave judgment. It convicted the applicants of defamation committed through the mass media under Article 212 § 2 of the Criminal Code. It held that on account of the publication in the issue of
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from 13 December 1994 until 14 May 1996
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58. The chief consultant did not question that the applicant was found to be psychotic during the period of psychiatric observation from 8 December 1997 until 19 January 1998, but underlined that the applicant had not been found to be significantly mentally ill, borderline psychotic or psychotic during the period of detention
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9 October 2012
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11. During his ten-month stay in Gherla Prison the applicant was taken to the medical ward eighteen times. He was given a special diet for diabetics and was allowed to work. He was taken to diabetes specialists outside the prison system on several occasions where he was prescribed a special diet, medication and constant self-monitoring of his glycaemia level. According to the applicant’s medical chart in Gherla Prison his glycaemia levels were measured two, three or four times per day at the prison’s infirmary. Copies of the same medical chart also show that the applicant regularly received medication from the prison infirmary. On
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26 October 1994
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28. On 25 October 1994 the applicant visited the Łódź-Śródmieście District Police Station (Komenda Rejonowa Policji) in order to file a complaint about a breaking and entry into one of her apartments. However, her complaint was not accepted by the police and she was arrested under the District Court's warrant. On
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28 December 1994
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33. On 28 December 1994 the State Security Court tried the case in the absence of the defendants as well as of the applicant and her sister. The prosecution submitted that the applicant and her sister had only heard their father state the names of the accused but that there was no other evidence supporting their account. The prosecution argued that, in these circumstances, the accused should be given the benefit of the doubt and acquitted. By judgment of
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22 March 2006
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20. On 31 January 2006 the Pskov Town Court dismissed the applicant’s appeal against the investigator’s decision of 23 December 2005. It noted that F. and K. had “categorically” denied that they had beaten up the applicant. It held that there was no evidence of the applicant’s ill‑treatment at the police station and that his injuries could have been received in “other circumstances”. On
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10 December 2002
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15. On 29 October 2002 the prosecutor asked Vilnius organised crime police whether the applicant had been found. From the documents before the Court it appears that the Kaunas organised crime police informed their colleagues in Vilnius on
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27 September 2001
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51. On 19 December 2001 the Polish Central Authority informed its Norwegian counterpart that details of M.C.'s bank account had been passed to the prosecution service, which was investigating this lead. It also advised the Norwegian authorities about new legislation which since
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11 April 2003
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7. The motion was transferred to the Békés County Regional Court, whose vice-president indicated to the Békés County Bar Association that, in his view, the applicant’s submissions should give rise to disciplinary proceedings.
On
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11 August 2000
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5. On 29 March 2000 the applicant and two other individuals were detained on suspicion of having committed an assault and infliction of grave bodily harm resulting in death. The applicant’s challenge of the custodial measure of restraint was rejected on
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1 December 2010
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39. In a reply of 30 November 2010 the Government stated that the applicant’s extradition was prompted by the assurances given by the United States Embassy that the death penalty would neither be sought nor imposed. The letter further indicated that, as the applicant’s detention would have expired on
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13 August 1998
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15. The applicant’s solicitors made written submissions as to the appropriate length of the tariff and submitted that the applicant should be entitled to an oral hearing before the Lord Chief Justice. The applicant’s solicitors were informed by a letter of
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the period between 1 January 1994 and 1 January 1996
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8. On 6 August 1997 the PRPD investigator issued an order for interception and seizure of the postal and telegraphic correspondence of the applicants (hereinafter – “the interception order”) on the following grounds:
“The private entrepreneur Mr V., during
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31 March 2008
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20. On 28 March 2008 the District Court dismissed the investigator’s application for the applicant’s detention pending trial and ordered the latter to post bail in the amount of 100,000 Russian roubles (RUB). On
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Between 1938 and 1945
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7. In March 2004 the applicant association planned to start an advertising campaign under the head “The Holocaust on your plate”. The intended campaign, which had been carried out in a similar way in the United States of America, consisted of a number of posters, each of which bore a photograph of concentration camp inmates along with a picture of animals kept in mass stocks, accompanied by a short text. One of the posters showed a photograph of emaciated, naked concentration camp inmates alongside a photograph of starving cattle under the heading “walking skeletons”. Other posters showed a photograph of piled up human dead bodies alongside a photograph of a pile of slaughtered pigs under the heading “final humiliation” and of rows of inmates lying on stock beds alongside rows of chicken in laying batteries under the heading “if animals are concerned, everybody becomes a Nazi”. Another poster depicting a starving, naked male inmate alongside a starving cattle bore the title “The Holocaust on your plate” and the text “
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August 2001
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27. Between 15 and 28 December 2001 the second applicant was in Chernigiv Regional Hospital. She was diagnosed with “after-effects of a repeated head injury (last injury August 2001)”. A medical certificate issued on an unknown date stated that in
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23 October 1991
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9. The social welfare officials allegedly told the applicants that the girl would return to live with them if they assumed responsibility for the situation and acknowledged the abuse. Although the applicant father was allegedly not guilty of any abuse, on
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15 January 1999
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20. By a decision of 10 November 1998 the Administrative Court dismissed his complaint. It noted that the 1998 Act and in particular section 11(1) had not been applied and were not to be applied by the Ministry for Internal Affairs in the applicant’s case. Rather, the Ministry had to apply section 13a(1) of the Civilian Service Act, requiring recognition of a religious society as a precondition for exemption from civilian service. The provision as such raised no concerns as regards constitutionality, since its objective was not to grant an exemption from the obligation to perform civilian service to every functionary of a religious community, whether or not it was recognised. It further held that the impugned provision, on account of its explicit wording, could not be interpreted in the manner suggested by the applicant. The decision was served on the applicant’s counsel on
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17 December 2003
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113. The Government produced copies of another twenty accounts given by the applicants' neighbours between December 2003 and May 2004. Sixteen neighbours gave a similar account of the events to that given by Mr S.-A.I., Mr B.G. and Mr A.Ya. Two neighbours questioned on
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15 April 2009
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44. The appeal lodged by applicant against the judgment was rejected by the Court of Cassation on 5 March 2009. In its one-page decision the Court of Cassation stated that the applicant’s arguments that there had been failures in the investigation were not convincing. The decision was returned to the registry of the Adana Assize Court on
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29 May 2012
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12. On 10 July 2012 the Cracow Regional Court upheld the decision of the lower court. It had regard to the gravity of the offences which the applicant had allegedly committed and the fact that they could not be treated as an isolated incident. The court also noted that in the past a family court had handed down a warning and that on
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23 June 2008
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27. On 8 April 2009 the applicant again complained about the investigator’s lack of action. On 14 May 2009 the Nalchik Town Court granted the applicant’s claim and held that the investigator’s continued failure to comply with the judgment of
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the day after tomorrow
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11. It appears from the evidence before the Court that the programme started late in the evening of 12 June and lasted about four hours. Relevant excerpts from the programme are set out below.
Hulki Cevizoğlu (presenter – “H.C.”): “Good evening ... There is a group that is grabbing public attention because of the black robes [cüppe] worn by its members, the sticks they carry and their habit of chanting [zikir]. How can this group be described – it is called a sect [tarikat], but is it really a community or group? We will be discussing the various characteristics of this group – the Aczmendis – with their leader, Mr Müslüm Gündüz, who will be talking to us live. We will also be phoning a number of guests to hear their views. On the subject of the black robes, we'll be talking on the phone to Ms N. Yargıcı, a stylist and expert on black clothing. We'll also be hearing the views of Mr T. Ateş and Mr B. Baykam on Kemalism[1]. As regards Nurculuk[2], we'll be calling one of its most important leaders. The Aczmendi group – or sect – has views on religious matters as well. We'll be discussing those with Mr Y. İşcan, of the Religious Affairs Department. And while we are on the subject, viewers may phone in with questions for the Aczmendis' leader, Mr Gündüz ...”
Ms Yargıcı, a stylist taking part in the programme via a telephone link, asked Mr Gündüz a number of questions about women's clothing. They discussed religious apparel and whether the clothing worn by the sect's members was in keeping with fashion or with Islam.
The presenter then discussed movements claiming to represent Islam and asked the applicant a number of questions on the subject. They also talked about methods of chanting. In this context Mr Gündüz stated:
Mr Gündüz (“M.G.”): “Kemalism was born recently. It is a religion – that is, it is the name of a religion that has destroyed Islam and taken its place. Kemalism is a religion and secularism has no religion. Being a democrat also means having no religion ...” H.C.: “You have already expressed those views on a programme on the Star channel ... We are now going to have Bedri Baykam on the line to see what he thinks about your comments. We are going to ask him, as a proponent of Kemalism, if it can be regarded as a religion.” H.C.: “Do you agree with Mr Gündüz's views on Kemalism? You are one of Turkey's foremost Kemalists.”
Bedri Baykam (“B.B.”): “I don't know where to begin after so many incorrect statements. For one thing, Kemalism is not a religion and secularism has nothing to do with having no religion. It is completely wrong to maintain that democracy has no religion.”
Mr Baykam challenged Mr Gündüz's arguments and explained the concepts of democracy and secularism. He stated: B.B.: “A sect such as the one you belong to may observe a religion. But concepts such as democracy, philosophy and free thought do not observe a religion, because they are not creatures who can establish a moral relationship with God. In a democracy all people are free to choose their religion and may choose either to adhere to a religion or to call themselves atheists. Those who wish to manifest their religion in accordance with their belief may do so. Moreover, [democracy] encompasses pluralism, liberty, democratic thought and diversity. This means that the people's desire will be fulfilled, because the people may elect party A today and party B tomorrow and then ask for a coalition to be formed
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from 20 April 2010 to 9 March 2012
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11. In the course of civil proceedings instituted by the applicant (see paragraphs 14-16 below), the domestic courts established, without giving any further details, that the applicant had been detained in overcrowded cells
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16 October 2012
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10. On 9 January 2001 the applicant was extradited from the Netherlands to the United Kingdom to stand trial. Further details of the extradition process are set out in the Court’s decision in Beggs v. the United Kingdom (No. 2) (dec.), no. 14599/10,
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the end of the 1930s
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12. In November 1996 the applicant's company published a book entitled Dersim Tertelesi (Dersim Uprising), written by Haydar Işık. The book is a novel of 240 pages, telling the story of the public upheavals at
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12 December 1995
|
6. Following the applicants’ request for increased compensation, on 11 September 1997 the Sakarya Civil Court of First-instance awarded them an additional compensation of 865,267,950 Turkish liras (TRL)[1] plus interest at the statutory rate running from
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several months
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69. In the meantime the applicant learned, through his own enquiries, that Ms E.P. was living with another man, A. S.-O., at an address on Rok. Street. However, on 8 February 2012 the Social Security Department informed the applicant that Ms E.P. and A.P. were not living at the address on Rok. Street. According to the owner of the flat, the mother and the child had rented a room in that flat for
|
21 January 2000
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76. On 3 February 2000 the second applicant submitted an application to the Malgobek Town Court, seeking to establish the fact of her brother's death. She submitted that her brother's body had been found in Grozny on
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thirty days
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12. On 24 April 2008 the court realised that the applicants had also not complied with the legal requirement to register the counterclaim with the Land Registry Office. The court ordered them to do so within forty days. The applicants requested that the deadline be extended by
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the following day
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6. On 17 October 2003 the applicants took part in an anti-war demonstration in Istanbul. The gathering was dispersed by police officers and the applicants were arrested and taken into police custody where they remained until their release
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the same day
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32. At a hearing held on 22 February 2001 the court rejected the motion and heard evidence from the applicant alone. It considered that the fact that the applicant had cohabited with his late partner had already been sufficiently proved on the basis of his own statements. Before the court, the applicant stated, among other things, that he had borne expenses involved in the running of their household, including the rent for the flat. He lived in a room and T.B. occupied the kitchen.
On
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the same day
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23. On 15 October 2007 the Hozat public prosecutor took a formal decision to secure as evidence the objects found by the gendarmes during their search at the scene of the incident. The prosecutor’s decision was endorsed by the Hozat Magistrates’ Court
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2 October 2005
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9. On 21 September 1994 the Disciplinary Commission decided to hold a hearing (Verhandlungsbeschluss) in the disciplinary matter against the applicant, charging him on twenty-four counts. However, in the summons for the hearing the Disciplinary Commission informed the applicant on
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23 October 2003
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9. On 19 June 2003 the Majdanpek Municipal Court (hereinafter “the Municipal Court”) ruled in favour of the applicant and ordered the debtor company to reinstate the applicant to a post which corresponded to his professional qualifications and to pay him specified amounts on account of salary arrears and social insurance contributions, plus the costs of the civil proceedings. This judgment became final on
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24 August 2001
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29. On 29 March 2001 the County Court upheld in part an appeal by the applicant and, on the basis of an accounting expert report, ordered the company to pay the amount of ROL 3,657,262, noting that the rest of money to which the applicant was entitled had already been returned to her. The court also ordered the company to pay the applicant ROL 3,000,000 for the cost of the proceedings at first instance and on appeal.
That judgment became final on
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forty-two months
|
21. The applicants lodged appeals against their convictions, arguing that they violated the requirements of Article 9 of the Convention. Their opposition to the alternative service available in Armenia was based on their religious beliefs, as that service was not of a genuinely civilian nature and failed to comply with European standards. It was organised and supervised by the military authorities (section 14 of the Alternative Service Act (see paragraph 28 below)) and was equivalent to non-armed military service, whereas their conscience did not allow them to perform any service supervised by the military authorities. Furthermore, section 17(3) of the Act authorised a military authority to order the transfer of an alternative labour serviceman to another institution, while certain aspects of the service were organised in accordance with military rules (section 18(2) of the Act). Alternative labour servicemen were also required to wear a uniform that resembled a military uniform and to follow orders, and were not allowed to leave their place of service without authorisation. The cover of the alternative labour serviceman’s record booklet (այլընտրանքային աշխատանքային ծառայողի գրքույկ) bore the coat of arms and the words “The Armed Forces of Armenia”, and the monthly allowance paid was the same as that of military servicemen. Moreover, alternative service was punitive in nature as it lasted
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21 February 2000
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9. The Government claimed that the applicant had not been a party to criminal case no. 7806 and had not represented anyone involved. The applicant maintained that he had been a representative of:
(a) Mr S., who had been first a suspect and later a witness in criminal case no. 7806. On
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3 March 2009
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60. On 16 December 2010 the FMS rejected the applicant’s request for temporary asylum for the fourth time. The applicant appealed against the refusal to the Russian FMS. The proceedings appear to be still pending.
(v) TV news broadcasts of
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24 November 1997
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10. Before the end of their police custody period, on 23 November 1997 at 11.45 p.m., the applicants were questioned by the public prosecutor. They were not brought before a judge until the following morning, that is to say on
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2 October 2002
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18. On 5 October 2002 the applicant was formally charged with aggravated robbery of M. and Ya., committed as a member of an organised group consisting of him and three other individuals, N., Ta. and To., who had travelled with him in two cars on the night of
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13 August 1996
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14. The applicant appealed to the County Administrative Court. In a decision of 23 July 1996 the court noted that the issue in the case was whether the applicant’s extra costs attained the level required for a disability allowance under the 1962 Act. Finding that the medical evidence in the case was inconclusive and did not provide the Court with a sufficient basis for a decision, the court ordered the National Social Insurance Board (Riksförsäkringsverket; hereinafter “the Board”) to submit observations in the case. The Board answered by a letter of
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7 December 2010
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22. The applicant transmitted additional documents to the Immigration Authority on 30 August 2010 and 24 November 2010. The response to his request for the revocation of the removal measure so that he could settle in Switzerland was negative. In a letter of
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