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from 1992 to 1994
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12. In his appeal of 1 June 2003 the applicant requested an oral hearing, at which the four previously heard witnesses would be heard on the same matters as at first instance. In the same observations, however, he stated that, due to the length of time that had passed, the witnesses had not been able to recall, before the District Court, the relevant events which had taken place
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24 March 2010
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27. On 11 March 2010 the applicant asked to be transferred to the hospital for detainees (prison no. 16 in Pruncul), but received no reply. He made another such request on 22 March 2010. In reply, he was informed on
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23 March 2002
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21. On 4 October 2001 the Supreme Administrative Court, by a majority, dismissed the application on the ground that the relevant provisions of Law no. 998/1979 were unconstitutional. In particular, it held that, “by providing for the possibility of expropriating or exchanging woodland which cannot become a residential area, Section 50 § 3 presupposes that the urban development of woodland is in principle lawful, something which is contrary to Article 24 of the 1975 Constitution”. However, one judge expressed the opinion that the expropriation or the exchange of land which was purchased before the entry into force of the 1975 Constitution was not contrary to it (judgment no. 3403/2001). The judgment was certified (θεώρηση) on
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12 October 2006
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17. On 28 July 2006 the first medico-legal assessment was carried out on the basis of the available medical data. Additional information was requested from the health-care institutions and a radiologist in relation to the applicant’s chest injury. On
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between 19 November and 18 December 2004
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245. In the meantime, on 19 November 2004, the Russian Gazette, an official Government newspaper, published an announcement about the sale of 76.79% of shares in OAO Yuganskneftegaz at a public auction organised by the Property Fund. The only two conditions for participating in the auction were to file an application
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16 and 22 February 2005
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18. On 27 June 2006 the X Regional Criminal Court (Landesgericht für Strafsachen) granted both requests for compensation. As regards the first applicant company it found that the two articles published in the newspaper Kronen Zeitung on
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31 July 2008
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9. According to the applicant, Cell 243 was constantly overcrowded. It was designed for two inmates but actually housed four persons. He referred to the Court’s findings in respect of the same cell in the case of Starokadomskiy v. Russia (no. 42239/02, §§ 23-24 and 42,
|
19 December 2017
|
53. By two separate judgments of 25 October 2018, the District Court of Reykjavík found for the plaintiffs. In the first judgment the District Court acknowledged E.J.’s right to compensation for pecuniary damage due to him not being appointed a judge of the Court of Appeal. The District Court concluded, inter alia, that the candidate had sufficiently established that had the procedure been conducted in a lawful manner with a reasonable assessment being made of his application and a comparison performed of his merits in relation to other candidates, the result would have been that he would have been appointed a judge of the Court of Appeal. In the latter judgment the District Court referred to the Supreme Court judgments of
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10 August 1994
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15. On 15 March 1994 the Steyr Regional Court held a hearing and suspended the official liability proceedings, as the criminal proceedings against the applicant were still pending. The applicant appealed against this decision. On
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23 March 2007
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12. On 20 March 2007 the court informed the applicant about the lawyer's refusal and that the time‑limit for the lodging of a cassation complaint had expired on 6 January 2007. The court's letter was served on the applicant on
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14 June 2004
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21. On 8 June 2005 the State took control of Kryvorizhstal, pursuant to commercial court decisions declaring its privatisation unlawful (see paragraphs 51-53 and 56-57 below). By a decree of 11 June 2005, the Cabinet of Ministers declared the contract of
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18 September 2007
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5. On 13 October 2006 the Zamoskvoretskiy District Court in Moscow remanded the applicant in custody on the charge of fraud. Subsequently the District Court extended the applicant’s detention on 8 December 2006 and on 2 February, 10 April, 29 May and
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December 1999 to early February 2000
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85. On 10 July 2001 the CPT issued a public statement concerning the Chechen Republic, under Article 10 § 2 of the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. This step was prompted by the Russian authorities' failure to cooperate with the CPT in relation to two issues: (i) the carrying out of a thorough and independent inquiry into the events in the detention facility at Chernokozovo during the period from
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13 June 2003
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15. On 8 December 2000 the first-instance court ruled partly in his favour. This decision was upheld by the Bitola Court of Appeal and the Supreme Court with decisions of 22 May 2001 and 13 March 2003, respectively. This latter decision was served on the applicant on
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24 March 2007
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48. The most recent refusal to institute criminal proceedings for lack of the elements of a crime in K.’s actions was taken on 2 September 2008 by an investigator from the Sarov investigative committee of the Nizhniy Novgorod regional prosecutor’s office. Relying on statements by K. and other police officers, who had denied any violence against the applicant, the investigator held that the applicant could have received the injuries when getting into the police car before being taken to the police station on
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14 November 2004
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91. On an unspecified date the investigators charged Mr M.Sh. with inflicting bodily harm of moderate severity on the first applicant as a result of the stabbing at what they termed the concert hall on
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20 April 1993
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14. On 29 May 2001 the Ministry of Education replied to the applicants. In respect of the issues raised by the applicants it informed them as follows:
Re question 1: Religious instruction and courses in ethics were organised at the parents' request, and where a declaration to that effect was asked for, it was for organisational reasons only.
Re question 2: If only one pupil was interested in following a course in ethics, then the school authorities should enquire whether it would be possible to follow that course in an inter-school group. If in a given municipality there was no such group, then the school had to arrange for supervision of the pupil during the religious education class.
Re question 3: In the case referred to above the school should organise other activities for pupils not following religious instruction or supervise them adequately by allowing them to do their homework or to use the library, etc.
Re question 4: Paragraph 9 of the Ordinance regulated the manner in which marks for “religion/ethics” were entered in school reports. That provision had been interpreted by the Constitutional Court in its judgment of
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26 June 2004
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12. On 7 October 2004 the Court of Cassation quashed the first-instance judgment holding that the first-instance court should consider the provisions of the new Press Act (Law no. 5187) which had entered into force on
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12 April 2007
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30. The applicant’s mother challenged the decision before the Tsentralniy District Court. On 22 October 2007 the Tsentralniy District Court set aside the prosecutor’s decision, finding that the prosecutor had failed to correct the defects pointed out in the judicial decision of
|
29 November 2001
|
18. On 22 November 2001 the trial began. However, the Regional Court was only able to hear two defendants. Two subsequent hearings had to be cancelled due to the absence of one of the defence counsel (
|
19 October 2012
|
16. On 2 November 2012 the applicant and his wife applied to the Federal Administrative Court to have its judgment of 1 October 2012 reconsidered. The applicant claimed that the court had not adequately considered all the relevant evidence. He also submitted a copy of an LTTE magazine cover from 1997, which included his photograph. He also submitted a letter from his sister dated
|
21 December 2004
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13. By a decision of 22 March 2005 the District Court extended the applicant’s detention until 20 June 2005. The decision stated, among other things, that the term of the applicant’s detention authorised by the decision of
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27 June 2006
|
86. The Government also submitted that on 30 May 2006 the head of Urus-Martan administration was again questioned. He confirmed his previous submissions that in early September 2002 he had been present at Krasnoarmeyskaya Street where a “special operation” was being carried out. He saw a large number of civilian and military persons and witnessed the military taking away the body of a man. He also saw ammunition and military gear thrown around. On
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28 November 2001
|
99. On 22 November 2000 the cooperative which owned the flat in which the applicant and her husband lived claimed that the tenants should be ordered to move out as they had failed to pay the rent. On
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19 August 1997
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18. On 10 July 1997 the Administrative Court ordered the Regional Government to issue a decision within three months. Subsequently, the Regional Government appointed an expert on agriculture and forestry issues, who, after inspecting the applicant’s land on
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19 September and 21 October 2001
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35. According to the Government, on an unspecified date the second applicant stated that he did not wish to have Mr V.T. as counsel and asked to retain Mr A. Between 18 October and 8 December 2001 he was represented by Mr V.T. The trial court asked the first applicant whether he wished to appoint another lawyer, Mr I., as his counsel; the first applicant submitted that he did not need any assistance from lawyers. On
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21 April 1992
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38. This letter states that no information or documents existed concerning the operations that were conducted on or about 10 June 1992 in Kaynak hamlet. It further states that no operation took place on
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17 July 1997
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30. On 27 May 1997 the Wrocław Court of Appeal prolonged the applicant’s detention until 2 September 1997, finding that further procedural steps had to be taken and that there were no new circumstances for the purposes of the application of Article 218 of the Code of Criminal Procedure. On
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June and August 2007
|
18. In two reports submitted to the court in May and June 2007 the guardian observed that the applicant had only once taken the opportunity to see his sons on the school premises, despite an agreement being reached with the school authorities. In
|
Last Friday
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9. On 10 March 2006 O Independente published an opinion article, entitled “The Liar”, written by the applicant in reply to the article of 3 March 2006. The article was divided into three parts: i) the reasons he had decided to write the article; ii) the problems with the project in question, namely financial mismanagement and lack of staff; and iii) a reaction to the statements made by A.S. The relevant parts of the article read as follows:
“
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three years and nine months'
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20. Mr Yücedağ was the chairman of the youth council of HADEP in Malatya. On 16 December 1999 the Malatya State Security Court convicted him of lending assistance to the PKK, contrary to Article 169 of the Criminal Code then in force, and sentenced him to
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16 February 2005
|
11. On 11 May 2005 the passports and visas service sent him a notice which stated that his right to leave the Russian Federation had been temporarily suspended until August 2009 “on the basis of recommendation no. 9/196 of
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between 1986 and 1992
|
12. On 6 July 2009, he claimed asylum and claimed to be 17 years of age, giving his date of birth as 30 July 1991. The factual basis of his asylum claim was similar to that of his brother, SH, and he also relied upon his father’s previous position as a high-ranking member of the PDPA. He claimed that his father had been a close friend and the personal doctor of several prominent politicians, including Dr Najibullah (the President of Afghanistan
|
8 March 1996
|
20. On 15 November 1995 the property in Stryn was sold at an auction. The applicants made the highest bid, between NOK 1.6 and 1.7 million, but since they were not able to offer security in time, the property went to the next highest bidder, the Bank, for approximately NOK 1.5 million, which was later confirmed on
|
between April and November 2007
|
7. The applicants were detained in several police stations in Skopje, some on 18 and some on 24 November 2007 on suspicion of abuse of office, namely that they had acted as an organised group and misappropriated over 5 million euros (EUR) from toll charges collected
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6 July 2006
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6. On 10 November 2004 the Kraljevo District Court (“the District Court”) ordered “MAGNOHROM d.o.o.” (“the debtor”), a company from Kraljevo, to pay the applicants in solidum 1,504,924 Serbian dinars (“RSD”) together with statutory interest and legal costs. This judgment became final on
|
13 June 2001
|
30. On the basis of the Tunceli governor’s decision of 27 July 2001, on 16 October 2001 the Tunceli prosecutor rendered a decision not to prosecute the police officers allegedly responsible for the ill-treatment. The applicant lodged an objection, through his legal representative, against that decision and pointed to the failure to remedy the defects identified in the Malatya Regional Administrative Court’s decision of
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before 1 July 2013
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19. After the matter had been resolved by the Constitutional Court (see paragraph 35 below), the Vilnius Regional Administrative Court rejected the applicant’s claim on 4 November 2013. The court analysed the domestic regulation regarding the calculation of the value of the land and observed that this matter had been referred to the Constitutional Court, which held that the methodology approved by the Government setting down the principles of calculation of the value of the land was in accordance with the law. The Vilnius Regional Administrative Court also held that the Law on the Restoration of Citizens’ Ownership Rights to Existing Real Property had been changed and persons could,
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7 November 2012
|
238. On 25 December 2012 the Leningrad Regional Court stayed the proceedings due to certain shortcomings in the documents submitted. In particular, on the certificate confirming that the US applicant had undergone the requisite training for prospective adoptive parents, her middle name was not indicated, causing the court to express doubts as to whether the certificate had actually been issued to her. In addition, the validity of the certificate confirming her living conditions had expired on
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10 October 2005
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19. On 8 March 2005 the District Court decided to obtain an expert opinion. The expert submitted his opinion on 2 September 2005. On 23 September 2005 the District Court decided on the expert’s fees. On
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26 November 2011
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37. On 25 November 2010 the Government confirmed, over the telephone, to the Registrar of the Fourth Section of the Court that the applicant had been extradited from Albania on 24 November 2010. Confirmation was received in writing on
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January 2009
|
24. The Migration Board did not question the fact that the applicant, at the time, professed the Christian faith, but found that this, by itself, was not enough to consider him in need of protection. It referred to the British Home Office’s operational guidance note of
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summer 2008
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11. The court acknowledged that since his birth the boy’s parents had taken care of him together and that consequently his permanent place of residence was the United Kingdom. Both of the parents had custody rights in respect of the boy. The Vilnius Regional Court also dismissed V.T.’s allegation that the applicant had agreed that the child could settle permanently in Lithuania. Moreover, V.T. had no legal basis on which to decide to change the child’s permanent place of residence on her own. Her refusal to return the child to the country of his birth after the holidays in
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early March 2009
|
19. On 26 February 2009 G.T. was transferred to the prison hospital in view of a further deterioration in his health. The medical records relating to his time at that facility show that he was suffering from cachexia, and from
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fourteen years old
|
34. The court also examined the officers' assertion that they had acted lawfully, in a situation calling for the arrest of a suspect, and that they had inflicted bodily harm in their efforts to subdue the applicant. In that connection, it noted that the accused were substantially stronger physically than the applicant, that Mr I.P., Mr V.K. and chief sergeant A.K. had testified that the applicant had not tried to resist, and that at the time of the incident the applicant had been
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29 August 2007
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34. On the basis of the two interviews the representative of the local custody and guardianship authority concluded that the applicant saw his son twice a month, and that there had been no hindrance of the visiting rights determined by the decision of the Nevskiy District Court of
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1 November 2008
|
25. In a decision of 14 September 2009 the Sofia District Prosecutor’s Office also refused to open criminal proceedings pursuant to the applicant’s complaint. It repeated, verbatim, the reasons given by the Sofia Military Prosecutor’s Office in its decision of
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three months
|
21. On 5 May 2006 the applicant lodged an appeal with the Bakırköy Criminal Court of First Instance, challenging the judgment in question on the grounds that it had been delivered in his absence and the accusations against him were ill-founded. He emphasised that he had not received any notice of the criminal proceedings or the judgment, not even when he had gone to the Bakırköy public prosecutor’s office
|
8 March 1995
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34. In an unpublished judgment of 17 May 1995 (1P.289/1995), the Federal Court had occasion to develop its case-law on safe-conduct clauses as follows:
“2 (a) The safe-conduct clause was inserted into international treaties in order to avoid disguised extradition: a witness required to appear in another country cannot be detained there without heed for the substantive conditions or formalities required for extradition (see, for the background to this clause, Federal Court judgment ATF 104 Ia 452ss., point 5). It will in any event be necessary, under Article 12 of the [European Convention on mutual assistance in criminal matters] and section 73 of the [Federal Law on international mutual assistance in criminal matters], for the authorities of the requesting State to have summoned this witness to appear by serving an order for that purpose. That is not the case here, since the investigating judge did not issue the appellant with an order to appear according to the formalities provided for in Article 17, paragraph 1, of the Geneva Code of Criminal Procedure, taken together with section 31 of the said Law. The appellant cannot therefore, in principle, rely on the immunity attached to an official order when it has not been issued, as in the present case. On this specific point, this case differs from the factual situation underlying the Federal Court judgment ATF 104 Ia 448 cited by the appellant.
(b) The appellant relies on Article 170 of the Geneva Code of Criminal Procedure, under which any person summoned before the investigating judge must be served with a letter or order for that purpose (para. 1); exceptionally, a summons may be addressed by any other means that is necessary in order to reach the witness (para. 2). He submits in this connection that Mr Perret’s letter of
|
29 November 1999
|
9. On 1 October 1999 the first applicant lodged a hierarchical complaint (Dienstaufsichtsbeschwerde) against the sitting judge of the District Court, which was rejected by the Rostock Court of Appeal on
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29 April 1994
|
22. Ms Yasemin Aydın, a relative of the applicant’s husband who, as president of the Patriotic Women’s Association, was politically active on behalf of Kurdish women, was also detained and was tortured during her detention. This torture included hanging, beatings, electric shocks, insults and threats of rape. During her detention she was asked questions about the activities of Necati Aydın and Mehmet Ay. She was released on
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21 July 2003
|
19. On 24 April 2003 the Administrative Court ordered the applicant to supplement his complaint, which he did on 14 May 2003. The Lower Austria Regional Government submitted their comments on the applicant's complaint on
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28 March 2008
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39. On 7 October 2009 the Government updated the Court on the treatment provided to the applicant for his various diseases. When submitting the applicant’s complete medical file for 2009, the Government maintained that the applicant’s diseases were not showing any signs of progression. They submitted that they had taken all the necessary measures for the protection of the applicant’s health in prison and asked the Court to lift the interim measure indicated on
|
1 December 2004
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9. The Public Prosecutor’s Office ordered the continuation of the criminal proceedings in April 2004. On 3 May 2004 the Public Prosecutor’s Office terminated the investigation, finding that there had been no crime committed within the realm of public prosecution. The applicant stated that this decision was only served on him on
|
twenty years
|
11. The supporters signed a declaration. The declarations were then collected and handed over in large numbers to parliaments, administrative bodies and courts. The content of the largely identical declarations was as follows:
“Self declaration (Selbsterklärung)
“I also am a follower of the PKK” (“Auch ich bin ein PKK'ler”)
As the Kurdish people has been denied its basic right to life, it has had no choice but to take up arms. After
|
24 November
|
25. On an unspecified date in 2007 the applicant brought injunction proceedings against O.M.M., seeking to establish a schedule for visiting rights. He requested the court to order O.M.M. to allow him to see his daughter on Sundays, on 8 May, 8 June, 14 July, 11 and
|
5 July 2007
|
14. By a judgment of 11 March 2010, the Supreme Court overturned the District Court judgment. It declared null and void the words “cocaine smugglers” on the front page and the statement “... believing that the cocaine was still in the vehicle” and ordered the applicant and the editor jointly and severally to pay the appellant ISK 100,000 (approximately 575 euros (EUR)) in compensation for non-pecuniary damage, plus interest, and ISK 50,000 for the costs of publishing the judgment. Its judgment contained the following reasons:
“When the statements at issue in the present case appeared in DV on
|
12 June 2007
|
35. On 15 June 2007 the prosecutor requested an expert to enlarge on [his] opinion by answering the question whether the injuries described below could have occurred in the circumstances as described by the police officers. The prosecutor stated as follows:
“On
|
Twenty days later
|
10. In July 1999 Mr P. petitioned the Perm Regional Prosecutor to detain the applicant and to subject him to a psychiatric examination because the harassment had not stopped and had even escalated to death threats against both Mr P. and his mother.
|
29 July 1881
|
22. It was on account of the above article that Mr Le Pen and his party summoned the third applicant to appear before the Paris Criminal Court in his capacity as publication director of Libération, alleging that he had committed the offence of public defamation against a private individual (under sections 29(1), 32(1) and 42 of the Freedom of the Press Act of
|
23 August 2006
|
20. According to the information in the case file last submitted by the parties, the criminal proceedings against the applicant are still pending before the Istanbul Assize Court and the applicant is still detained on remand. During the proceedings, the first-instance courts examined the applicant's continued detention at the end of every hearing, either on their own motion or upon the applicant's request. The courts ordered the applicant's continued remand in custody, given the content of the file and the state of evidence on each occasion. On one occasion, the applicant filed an objection against the first-instance court's remand decision, which was subsequently dismissed by another assize court on
|
2 February 2010
|
8. On 7 December 2009 the Sovetskiy District Court of Oryol convicted the applicant of drug-related crimes and sentenced him to twelve years’ imprisonment in a strict-regime post-conviction detention facility. On
|
22 ноември 2000 г.
|
26. Decisions under the above provisions were subject to judicial review (section 79). In its almost constant case‑law under section 76(2) between 2000 and 2010, the Supreme Administrative Court held that the courts did not have jurisdiction to review the manner in which the authorities had exercised their discretionary power to assess the need for such measures, and could verify only whether the prerequisites under section 76(2) – conviction and lack of rehabilitation – were in place (реш. № 7074 от
|
21 June 2005
|
17. On 20 May 2008 the Prosecutor General’s Office suspended the criminal investigation for failure to establish whether a crime had been committed and if so, the identity of the alleged perpetrators. The decision referred to a forensic medical expert report of
|
between 2005 and 3 August 2007
|
18. By judgment of 19 May 2008 the District Court (tingsrätten) in Norrköping convicted the applicant of rape and aggravated violation of a woman’s integrity (grov kvinnofridskränkning) committed several times a week over a period of two years,
|
later in the autumn of 1995
|
23. On 23 October 1995 the applicant's lawyers requested the examination of several witnesses who, it was asserted, could establish his alibi. They argued that at the time of the alleged offence the applicant had been in Novi Pazar in connection with the investigation of the robbery of the shop he was managing there. On unspecified dates
|
17 and 20 November 1998
|
24. On 8 May 1998 the Latvian Land and Mortgage Bank (Latvijas Hipotēku un zemes banka) opened current accounts in the names of each of the applicants. On 14 October 1998 the bank officially certified that the above-mentioned sums of LVL 548.26 and LVL 8,616.87, awarded to the applicants by way of compensation, had actually been paid into the two accounts. The applicants, however, refused to make use of those sums in any way. Following the payments, by two orders of
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June and October 2007
|
9. On 23 January 2008 I. was interviewed by the investigator. He stated that around May (sic) 2007 he had been sentenced to fifteen days’ imprisonment for disobeying the orders of a police officer. While serving his sentence he had worked on the construction of a house belonging to the applicant, under the direction of Sh. After his release, he had agreed to work for the applicant in return for payment and had carried out construction work for him in
|
8 June 2000
|
36. On the other hand, under Article 253 of the Penal Code, which required only a simple majority, the High Court declared the following two statements, published respectively on the front page and on page 3 of the
|
11 December 2006
|
35. After having arrived in Georgia, the first applicant’s health was particularly bad. She suffered from a severe cough and fever, her right leg had grown numb and her general condition was extremely weak. Owing to her financial situation and the lack of health insurance the applicant did not visit a hospital right away. On
|
eight years and six months’
|
9. On 26 January 1996 the Munich I Regional Court convicted the applicant of eight counts of burglary and attempted burglary, committed only a few months after his release from prison, and sentenced him to
|
7 January 2010
|
42. After 30 September 2009, the date on which the judgment dismissing the applicants’ appeal on points of law against the penalties imposed by the CONSOB was deposited with the registry (see paragraph 38 above), the applicants requested that the criminal proceedings against them be discontinued, by virtue of the non bis in idem rule. In particular, at the hearing of
|
1 June 2009
|
35. In a judgment of 5 April 2013 (реш. № 38 от 5 април 2013 г. по адм. д. № 17/2013 г., АС-Стара Загора) the Stara Zagora Administrative Court found that the claims against the Ministry, which concerned the period before
|
20 November 1989
|
52. The Preamble to the International Convention on the Rights of the Child (“child” being defined in Article 1 as being “every human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlier”) of
|
the end of December 2003
|
14. On 20 April 2004 a former serviceman of the same military unit, K.A., was questioned in this connection in the second applicant’s home town of Gyumri. It appears that it was disclosed during this interview that the envelope in question was linked to the second applicant and had been included in a parcel sent to him by his parents at
|
24 April 1978
|
6. He was first committed on 4 April 1978 for the repeated rape of his under-age sisters between 1973 and 1977, after the Louvain Criminal Court had found in a judgment of 2 February 1978 that he was not criminally responsible for his actions. He was released on
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8 August 1945
|
25. In the appellate court’s view, the term “fascist past” was equivalent to the statement that a person was a fascist in the past. The court considered that the applicant himself had given a restrictive interpretation of that term in connection with the plaintiff, namely the interpretation according to the philosophy of the Nuremberg trials. This philosophy was derived from the multilateral agreement of
|
11 June 2002
|
22. As regards the presence of the applicant's daughter when she was being arrested, the Government asserted that they were unable to say whether or not the child had been left alone. The arrest report contained no information of that kind and the applicant had not at any time asked to be allowed to contact a member of her family. The Government submitted a letter dated
|
19 September 2000
|
11. At the hearing of 12 September 2000 the applicant was represented by a new privately-retained counsel who requested that the case be remitted to the prosecutor for curing of the investigation defects. His request was granted on
|
1 December 2000
|
16. On 15 September 2000 the Limanskiy District Court of the Astrakhan Region granted a request by the Astrakhan Regional Office for Welfare Payments (Астраханский областной центр по начислению и выплате пенсий и пособий) to suspend the enforcement proceedings. The enforcement was stayed until
|
15 February 2002
|
23. Having fully complied with the instructions laid down in the decision of 28 June 2002 and having re-interviewed a large number of witnesses, on 14 September 2002 the investigator again closed the criminal proceedings, having considered that there was no evidence of a criminal offence. The final reasoning of the decision read as follows:
“[T]he actions of Mr L., who on
|
28 April 2007
|
37. On 24 May 2007 the investigators questioned Mr Ma.Ma. who stated, amongst other things, that on 28 April 2007 he had received a phone call from his cousin Mr S.S., who had told him that he was about to be arrested by police, who were surrounding the building he was in, and that he was in the flat with Mr M.R. and Labaz (Ramazan Umarov). According to the witness, later on
|
20 August 1997
|
19. In compliance with these judgments, on 3 February 1997 the local agricultural land commission ordered the restitution of the applicants' land to them. On 4 April 1997 they formally entered into possession thereof. On
|
the next day
|
42. On 14 October 2004 the prosecutor’s office instituted disciplinary proceedings against two officers of the SBU for their negligence towards the applicant’s son. It noted, inter alia, that the applicant’s son had not been formally arrested (затриманий) but had been kept at the SBU’s premises for no reason and no measures had been taken to return him to his relatives. The prosecutor further observed that the applicant’s son had not been subject to any form of ill-treatment. He also stressed the fact that the applicant’s arrest report had been drafted only
|
three years
|
23. On 14 July 2000 the Tsentralnyy District Court of Simferopol found the applicant guilty of aggravated theft and abuse of power, and sentenced him to four years' imprisonment under a special high security regime (“посиленого режиму”). The court also ordered confiscation of the applicant's property and deprived him of the right to occupy positions involving administrative functions for
|
4 February 2000
|
87. Two pilots from the army air force were questioned in relation to the attack on Katyr-Yurt. They were identified by the Government as pilot no. 1 and pilot no. 2. Both pilots stated that their unit took part in the bombardment of Katyr-Yurt on
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3 August 1999
|
12. On 8 February 1995 criminal proceedings were initiated against the applicant, the details of which are set out under sub-heading B below. On 29 June 1995 the applicant was taken into custody and, by a judgment of the Magadan City Court (Магаданский городской суд) of
|
2 October 1998
|
34. Following the publication of the report, the applicants sought advice as to whether there were any civil remedies available to them in the light of the findings of the inquiry. At a conference on
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19 May 2000
|
18. On 31 January 2000 the District Court stayed the proceedings until the end of a counter-terrorist operation in Grozniy of the Chechnya Republic, where one of the disputed flats was located. The proceedings were resumed on
|
23 July 2003
|
10. The proceedings resumed on 29 October 2003 pursuant to the “Damage from Terrorist Acts and Public Demonstrations Act 2003” (Zakon o odgovornosti za štetu nastalu uslijed terorističkih akata i javnih demonstracija, Official Gazette no. 117/2003 of
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between 1 August 1997 and 10 April 1998
|
17. The applicant obtained a certificate from Plovdiv Prison dated 7 April 1999, which indicated that between 7 June 1996 and 27 December 1998 he had accumulated the equivalent of three years, two months and two days of time served, which included days he had worked towards reducing his sentences. The different periods of the applicant's deprivation of liberty were noted to have been the following:
(a) in case no. 14/95 – the one-year prison sentence had been served
|
23 April 2007
|
15. According to K., he did not become aware of the applicant’s wish to appeal to the Supreme Court until he was telephoned by the office of the Court of Appeal on 17 April 2007. He was informed that the applicant had submitted a notice of intention to appeal and that, accordingly, an actual appeal had to be drawn up by a lawyer. On
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18 August 2008
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26. By a final decision of 19 March 2009 the superior prosecutor dismissed the applicant’s challenge. He held, amongst other things, based on the eyewitness statements, that the police officers’ actions had been in response to the applicant’s aggressive and offensive behaviour. Consequently, the police officers had not overstepped their bounds. Also, the number of days of medical care required by the applicant, according to the forensic expert report produced on
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22 August 2001
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40. On 25 July 2000 the Mayor of Warsaw stayed the proceedings concerning the applicant’s request to grant him the perpetual use of the plot of land relying on the fact that the perpetual users of the land had not expressed their consent to division of the property and obliged thereby all heirs to institute civil proceedings in which a court would give a decision on such division. The applicant appealed. On
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14 November 2006
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8. In an asylum application form of 31 May 2007, the applicant added that while staying in the refugee camp his eldest son had been arrested five times and the applicant had been arrested twice. To leave the camp it had been obligatory to obtain permission from the military. In 1998 the applicant helped his eldest son leave the country. While in Colombo the applicant was arrested and detained three times by the authorities in order to check whether he had permission to stay there. When a peace agreement was concluded in 2002, the applicant went to Jaffna to live with his brother. The applicant's nephew in Jaffna had been killed by the authorities on
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10 July 2001
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24. On numerous occasions, both in person and in writing, the applicant applied to prosecutors at various levels, to the Ministry of the Interior, to the administrative authorities and to public figures. In particular, she applied on
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28 February 2003
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10. On 22 November 2002 the applicant requested the Bailiffs’ Service to institute enforcement proceedings. However, according to the applicant, those proceedings were instituted only after he had made several pertinent complaints to the court. Later on, the applicant’s writ of enforcement was transferred from one department of the Bailiffs’ Service to another for various reasons; once it was also transmitted to the State Treasury of Ukraine for further processing but was subsequently remitted back to the Bailiffs’ Service. Furthermore, the latter terminated and resumed the enforcement proceedings several times. The applicant lodged numerous complaints with the courts alleging inactivity and omissions on the part of the Bailiffs’ Service; the courts found those complaints well-founded on a number of occasions (for example, by decisions of
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20 December 1997
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35. On 9 August 1997 the Parliament passed the Act on the Temporary Suspension of certain Provisions of the Act on Denationalisation and of the Act on the Implementation of Penal Sanctions (“the Temporary Suspension Act”). It had the effect of suspending extant claims under the 1978 Act, originally until
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1 August 1995
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22. At the same time, the Public Prosecutor sought an order for the interception of the applicant's telephone calls between Italy and his home in Hammamet in the context of a set of criminal proceedings for defamation which were pending against the applicant. The Milan investigating judge allowed the interceptions with a view to gathering evidence against the applicant and to identifying the accomplices. The interceptions, carried out by a specialist branch of the Italian police, began on
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5 October 2007
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21. In September 2007 the applicants challenged that decision before the courts. In this connection they both requested an interlocutory injunction to stop their deportation. These requests were rejected by the City Court on
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