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22 November 2005
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25. The proceedings are still pending before the District Court. In addition to thirty-two hearings held between 6 October 2005 and 18 August 2008, five were cancelled due to the prosecutor’s and judge’s illness or prior engagements, seven due to the victims’ and witnesses’ failure to appear before the court, and seven due to the applicant’s counsel’s failure to appear before the court. Once, on
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27 June 2000
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27. On 4 February 2002 the applicant wrote to the Razgrad tax authority seeking the restitution of the seized merchandise on the basis that the seizure of 6 June 2000 had been declared unlawful and the decision of
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2 to 12 years
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48. On 8 November 2001 the Warsaw Regional Court decided to discontinue the criminal proceeding against the applicant on the ground that he had died on 25 October 2001. On 10 August 2002 the trial court convicted thirty-seven defendants and sentenced them to prison terms varying from
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two years and three months
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11. On 11 April 2003 the Magadan Region Khasynskiy District Court found the second applicant to be eligible, in view of his orderly behaviour and positive references, for early conditional release one year and three months ahead of the term of
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27 November 1997
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17. The Sofia Municipality appealed against the decision to the Chief Prosecutor’s Office, arguing that it had been unlawful, as the applicant company was the rightful owner of the hotel and there were no legal grounds for its eviction. In a decision of
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16 May 2009
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12. In May 2009, the local Norwegian Social Council was contacted by A’s school because he had told the school that both he and B had been beaten by the second applicant. The applicants denied the accusations. The Norwegian Social Council decided to initiate an investigation during which it was agreed that the second applicant would live away from the home and that a Social Council Unit would visit the family daily. On
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1 July 2010
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23. On 3 March 2010 the Yakutsk Town Court modified the method of enforcement, specifying that the judgment could be enforced by the payment of 1,653,264 Russian roubles (RUB) by the town administration. The applicant did not appeal against that judgment and received the monetary award on
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10 February 2000
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18. On 24 April 2000, the deputy prosecutor of the Kyiv District of Kharkiv issued a decree refusing to institute criminal proceedings on the ground that there was no evidence that an offence had been committed. In his decree, the deputy prosecutor stated that criminal proceedings had been initiated against the applicant on
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30 April 2002
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15. On 9 January 2006, following an appeal lodged by the applicant, the Federal Supreme Court quashed the judgment of the Cantonal Appeals Board and ordered it to reassess the applicant’s case under Article 5 § 1 of Annex I of the Agreement on the Free Movement of Persons between the European Community and its Member States, on the one hand, and the Swiss Confederation, on the other hand, of
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27 February 2003
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27. Regarding the applicant’s claim for pecuniary damages, the Supreme Court ruled that the judgment adopted in the criminal proceedings against S.K. only proved that he had committed a crime using violence against the applicant. The four usual criteria for establishing tort liability and compensation thus had to be satisfied (see paragraph 30 below). In the judgment of
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25 February 2009
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32. On 21 April 2009 the applicant submitted a constitutional complaint (file no. 2 BvR 906/09). On 18 January 2010, served on the applicant's lawyer on 17 February 2010, the Federal Constitutional Court quashed the Munich Court of Appeal's decision of
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18 August 2005
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18. On 14 November 2005 the Garrison prosecutor brought further proceedings against the applicant. He sought to have the judgment of 9 December 2004 (see paragraph 11 above) set aside on the grounds of newly discovered circumstances: such circumstances formed the basis of the judgment of
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6 February 2002
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6. On 22 October 2001 the Kuybyshevskiy District Court of Omsk (“the District Court”) granted the applicant’s claim and awarded him a lump sum compensation of 513,293 Russian roubles (RUR) and life long monthly payments of RUR 8,217.08. The judgment entered into force on
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4 February 2004
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49. On 29 September 2003 the investigating judge of the Court of Appeal ordered a further toxicological report on the basis of samples taken on 21 July 2000, with a view to determining the date on which Joselito Renolde might have stopped taking his prescribed medication. The report, submitted on
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20 February 2008
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14. Because the length of the applicant's detention had reached the statutory two-year time‑limit, as laid down in Article 263 § 3 of the Code of Criminal Procedure (Kodeks postępowania karnego), the Gdańsk Regional Court applied to the Gdańsk Court of Appeal, asking for the applicant's detention to be extended beyond that term. The Gdańsk Court of Appeal extended his detention on
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14 August 1995
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10. The first applicant went to Austria in 1989 to live with his parents and siblings. As from 1994 he cohabited with the second applicant, who was born in Austria and has lived there all her life. They married under muslim law in April 1994 and under Austrian civil law in March 1997. Their daughter, the third applicant, was born on
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3 February 2011
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7. The first applicant was born in 1919 and lived in Sliven. The second and third applicants were born in 1937 and 1943 respectively and live in Sofia. On 30 September 2007 the first applicant died. On
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only one month later
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42. On 11 October 2002 the applicant was told at the district prosecutor’s office that her complaint had been forwarded by that office to the district department of the interior (ROVD). The applicant submitted that she had managed to see the officer at the ROVD who was responsible for her case
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14 September
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31. On 30 July 1998 the Supreme Court, at the Regional Court's request of 3 July 1998, decided to prolong the applicant's detention until 31 December 1998. A hearing fixed for 17 August 1998 was adjourned due to the absence of three defendants, and the subsequent hearings were held on 24 August,
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from 1 January 2003 until 31 December 2003
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34. On 7 October 2004 he brought an action against the State, represented by the Ministry of Finance, for damages in the amount of CZK 772,524 (EUR 30,414), corresponding to the difference between the regulated rent and the market rent in the locality in question for the period
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14 May 2005
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7. According to the Government, in the evening of 11 October 2001 the Oktyabrskiy District police station received an emergency call from a local shop. Police officers were sent to the shop to investigate. On their arrival a shop security guard, Mr G., informed the police officers that a drunken man, who was subsequently identified as the applicant, was using offensive language and shouting in the shop, not responding to reprimands and disturbing the work of the shop. The Government provided written statements made by Mr G. and Ms V., a shop assistant, on
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4 June 2008
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48. On 21 November 2008 the Warsaw-Śródmieście District Prosecutor discontinued proceedings that had been instituted against Ms H.W. and Mr M.N.-K., finding that they had accosted the applicants when they were leaving the hospital in Warsaw on
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11 March 2010
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12. On 26 February 2010 the applicant was arrested by the police in Saratov as a person wanted by the Uzbek authorities. On 8 March 2010 the Uzbek Prosecutor General’s Office submitted a formal request asking its Russian counterpart to extradite the applicant on criminal charges under Articles 159-3 (a and b), 242-1, 244(1)-3 (a and c) and 244(2)-1 of the UCC. Relying on Article 66 of the Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters (“the Minsk Convention”), the Uzbek authorities provided assurances that the applicant would not be extradited to a third country without the consent of the Russian Federation, that he would not be prosecuted, tried or punished for an offence which was not the subject of the extradition request and that he would be able to freely leave Uzbekistan, once the court proceedings had terminated and the sentence served. On
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14 April 1999
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30. On 18 October 2005 the Kharkiv Regional Court of Appeal quashed that decision and remitted the case to the Kyivskiy District Court of Kharkiv for fresh consideration. The court also adopted three separate rulings. It informed the Kharkiv Regional Council of Judges that the judges at the Dzerzhynskiy District Court had delayed the consideration of the case and failed to take into account that Kh. had also been accused of the infliction of grievous bodily harm. In particular, the court stated that since
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17 January 2005
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28. On 19 August 2003 the prosecution appealed and the applicant lodged a cross-appeal. On 15 November 2004 the prosecution lodged the Books of Appeal. Since the High Court judge did not formally approve his judgment until
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approximately two month
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15. The Istanbul State Security Court held twenty-eight more hearings before delivering its final judgment. At fifteen of them, where the court merely reviewed the applicant’s continued detention, the applicant was not present. For the others, the court fixed them at
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14 February 2006
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19. The trial court established that the applicant had sold drugs as alleged in the bill of indictment. In this respect it relied on the statements of JH who had been heard by the police as a juvenile suspect. JH stated that the applicant had sold drugs to GS, TK, SB, RG and KJ in his presence. In his evidence, he described in detail the factual circumstances of those transactions and distinguished between transactions at which he had been present from those of which he had only heard.
The trial court considered JH’s evidence reliable, having regard to its detail, certainty and consistency. The reliability of his evidence was enhanced by the fact that JH had known all the defendants well and had had no motive to incriminate them. Furthermore, the trial court considered that JH’s evidence was objective since he had not concealed any facts which might have put him in a negative light as he admitted that he had been selling the drugs for the applicant to KJ, GS, PK and AB and that he had stolen the car. On
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17 December 1999
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19. On 16 December 1999 the Interpol Office of the Latvian Ministry of Interior informed the Prosecutor General’s Office that the applicant was currently held in custody in California, and that the U.S. authorities had consented to his extradition to Latvia on the charge of aggravated murder. On
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November 2005
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15. On 18 December 2004 the District Court imposed a sentence on fifty of the co-accused. The applicant was found guilty of the charges against him and sentenced to seven years' imprisonment and a fine of 20,000 Polish zlotys (PLN). The judgment, with its written grounds, was served on the applicant's lawyer on an unspecified date in
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21 September 1995
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114. On 18 September 1995 the Bismil public prosecutor instructed the Bismil gendarmerie command to ensure that Harun Acar from the village of Ambar reported to his office in connection with the investigation into the disappearance of Mehmet Salim Acar. On
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27 September 2004
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22. On 22 July 2004 the Supreme Court of the Republic of Tatarstan reviewed the material in the case file in respect of the sixteen defendants, including the applicant, and scheduled the first hearing for
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26 or 27 November 2000
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21. They also submitted, with reference to information provided by the Chechen Department of the Federal Security Service (Управление Федеральной службы безопасности по Чеченской Республике), that the federal forces had not conducted any special operations in the vicinity of Grozny central market on
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18 March 2014
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22. The applicant submitted that since March 2014 he had developed new health problems, but the medical staff of the prison hospital had failed to address the ongoing deterioration of his health. In particular, he had begun suffering from kidney pain, but no nephrologist was available in the prison hospital. On
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about a year
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38. On 14 September 2011 the Regional Court again decided to order H.H. to appear in court. On 22 September 2011 the Gavar police informed the court that daily visits by the police officers to H.H.’s place of residence had not yielded any results and that he had apparently not been seen there for
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previous years
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13. The same day the Hryvnia newspaper published an article entitled ‘Volnaya Ukraina is bleeding’ (‘Bольная Украина истекает кровью’) about the incident of 23 May 2000 and about problems with power cuts caused by the theft of electric power cables for scrap metal. The article described the applicant’s version of events, in which he stated that the victims had been trying to steal metal parts from an electricity transformer and he had warned them and then fired at their motorcycle with his shotgun. They had fired back with a rifle and he had fired two shots in their direction. The article continued as follows:
“The investigation is not able to confirm that there was an EXCHANGE OF FIRE near the sub-station. The Prosecutor of Golopristansky District, Sergey Mikhalkov, stresses: ‘Despite the efforts made, we did not find any spent cases from the sawn-off small-bore rifle. On the other hand, there were two unused cartridges. Searches in the houses of those killed produced no results either: neither ammunition packaging nor spare parts for the weapon have been found. The fingerprints did not stay on the rifle – it was raining, and the barrel was oiled. Incidentally, none of the acquaintances of the deceased ever saw the sawn-off rifle in their possession. Therefore, the criminal proceedings against Victor Trymbach were initiated not on account of his exceeding the limits of self-defence, but under Article 93 ‘d’ of the C[riminal] C[ode]. Under this Article the sentence can be up to life imprisonment. In
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17 February 2004
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8. On 17 February 2004 the Town Court awarded the first applicant RUB 23,109.10 in arrears relating to a disability allowance and rejected her claims for an increase of the disability allowance. On 1 April 2004 the Regional Court quashed the judgment of
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8 August 2011
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1. The case originated in an application (no. 52257/11) against Hungary lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by eleven Hungarian nationals, Mr Tibor Bak, Mrs Lászlóné Csatári, Mr István Csillag, Mr András Halász, Ms Boglárka László, Mr Zoltán Lex, Mr Márk Marsi, Mr Sándor Orosz, Mrs Klára Pápainé Armuth, Mr György Rosta and Mr Attila Széles (“the applicants”), on
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25 February 2000
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10. The action was allowed on 22 October 2001. The County Court considered that the decision under review had not observed the requirements of Law no. 31/1990 on companies (“Law no. 31”). It therefore cancelled it.
The solution was upheld by the Bucharest Court of Appeal on
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nearly three years
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41. From 19 December 1997 to the beginning of January 1998 the applicant filed numerous petitions with the Minister of Justice, the Supreme Court and the Wrocław Regional Court, submitting that his constitutional right to personal liberty, as well as his rights secured by Article 5 §§ 3 and 4 of the Convention, had been violated. He maintained that he had spent
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22 January 2004
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19. During the proceedings, the court heard the defence statements of the accused. Atalay’s class teacher, Ms S.Ö., maintained that a day before the incident she had told her students that their parents should be present on
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8 September 2005
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8. In the statement of appeal against the District Court’s extension order, the applicant complained that the custodial measure which had already expired could not “remain unchanged”. The appeal was forwarded to the Regional Court only on
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the same day
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54. On 15 May 2009 the investigating judge extended the applicant’s detention, again on the grounds under Article 102 § 1 (3) and (4) of the Code of Criminal Procedure. The reasoning relied on the allegations that the accused had been charged with trafficking in substantial quantities of heroin as their primary activity and had no other income. In his appeal lodged
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7 April 2008
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12. By a letter of 17 March 2008 the court forwarded the lawyer’s statement to the applicant. The letter read as follows:
“...The Lublin Regional Court informs you that your legal-aid lawyer, advocate Mr W.W., informed the court in writing that he had not found any grounds to prepare a cassation appeal. In consequence, the time-limit for lodging a cassation appeal by a lawyer of your own choice expires on
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15 April 2004
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18. In the meantime, on 25 March 2004 the applicant filed a request with the Pleven Regional Court under Article 239a of the Code of Criminal Procedure of 1974 (see paragraphs 31‑33 below), asking to be either brought to trial or to have the proceedings against him discontinued. Accordingly, on
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6 June 2018
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69. With regard to psychological treatment in German, the applicant had attended nine meetings with a psychologist in 2010, and nine other meetings in 2014-2015. Between 18 August 2017 and 12 March 2018, the date on which the Government’s observations were submitted, the applicant had had monthly meetings with this psychologist, the most recent, according to the information provided to the Court at the public hearing on
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20 November 2013
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32. On 22 May 2012 the Berlin Regional Court issued its decision in the fresh periodic review proceedings. It held that the execution of the preventive detention was to be suspended on probation as from
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16 November 1995
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6. On 18 August 1997 the Prešov District Court delivered a decision approving a settlement agreement under which the defendant undertook to pay compensation to the applicant for the above unlawful termination of her employment. The period for which compensation was to be paid ended by the date on which the judgment of
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23 February 1998
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14. The applicant maintained before the General Staff Military Court that he had been coerced by MIT officers into signing a statement while in custody. He claimed that he had sold the shop to V.A.Ö. and that the photographs and maps did not belong to him. He requested that V.A.Ö. be heard by the court. He further contended that the search in the shop was illegal and that he had not been informed of the charges against him by the officials who had conducted the search. The applicant reiterated that he had sold books and silver accessories to a Greek official, L.K. and that this person had requested him to provide confidential information. He also contended that he had contacted L.K. and another Greek official, S.K., whom he knew as “Yorgo”, in order to maintain his business and that the information that he had given was false. The applicant’s representative stressed that the applicant’s statements had been taken under torture by MIT officers. She referred in this connection to the medical report dated
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three years
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24. On 5 April 2000 the Ordzhonikidze District Bailiffs’ Service terminated the proceedings in the applicant’s case due to the lack of funds of the Zaporizzhia Regional Police Department. The Government mentioned that the applicant retained a right to reintroduce the writ of execution with the Bailiffs’ Service for up to
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29 September 2006
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117. On 28 September 2006 the Chief Executive of MHPA advised the applicants’ solicitor that he was unable to disclose any of the material requested as to do so could seriously jeopardise the fairness of the judicial review proceedings. He also relied on the refusal of the companies concerned to consent to the disclosure of material from the reports. In weighing up the public interest test, as required by the Environmental Information Regulations, he noted that notwithstanding the presumption in favour of disclosure, disclosure was not in the public interest in the present case as the information requested should not be made publicly available without an explanatory context and where it would cause unnecessary confusion or concern. The applicants’ solicitor replied on
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the next weeks
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95. According to the Government, the applicant company impeded the execution of the writs issued by the court by hiding its corporate register from the bailiffs. In particular, they alleged that a few hours prior to the bailiffs’ visit, the applicant company had cancelled its contracts with ZAO ‘M‑Reestr’. The register was then dispatched by ordinary post to a location in Russia so that, over
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31 March 2006
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21. Apparently, following the communication of the application, the Government drew the Court of Appeal's attention to the fact that the applicant's complaint concerning the length of the first set of proceedings had not been examined. On
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28 August 1997
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11. This decision was upheld by the Supreme Court's appeal bench on 23 November 2005. It stressed that – contrary to what was apparently argued by the applicants – the running of the one-year time-limit had not been interrupted by the review proceedings in which the decision of
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12 February 1998
|
16. The applicant appealed against the decision. He reiterated that he had been hit first by the police officer and made reference to the clinical evaluation form to prove the violence suffered. The Craiova Court of Appeal based its examination on the statement the applicant made to the prosecutor and considered that his allegations were not supported by evidence. It therefore upheld the county court’s decision, on
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11 August 2008
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40. By a letter dated 28 July 2008 counsel for the Attorney General informed the IAIACAP that the applicant’s complaint could not be investigated because the applicant had left Cyprus. The applicant was informed of that decision on
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20 January 2000
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14. The applicant’s wife corroborated the above account of the events with two eyewitness statements made by Mr G. and Ms Kh. They both confirmed that on 19 January 2000 they had seen Adam Ayubov being detained by servicemen and taken away in a military Ural truck, and that the servicemen had returned later on 19 January and then on
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7 April 2005
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39. On 25 September 2009 the Novotroitsk Town Court dismissed the applicant’s request, having found as follows:
“Having examined the applicant’s arguments, having studied the materials in the case file, having heard a representative of colony no. 5... and a prosecutor who petitioned for the dismissal of [the applicant’s] request for release on parole on medical grounds, having reviewed the materials of [the applicant’s] prison record, having heard a doctor from colony no. 5 who [stated] that [the applicant] suffers from an illness which is included on the list of illnesses serving as a ground for release on parole, [and having considered] that [the applicant has] violated the detention rules on ninety-six occasions and that [those violations] did not expire or were not lifted, the court finds that [the applicant’s] request should be dismissed on the following grounds: [the applicant] suffers from an illness which is included in the list of illnesses serving as a ground for early release on medical grounds, but the court takes into account that during his detention [the applicant has] committed ninety-six violations of the detention rules which were not lifted and which did not expire. By a decision of
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19 December 2008
|
16. Such separate requests were lodged by the IDP families concerned only by two applications (nos. 50848/07 and 50894/07):
(a) As for the IDPs concerned by application no. 50848/07, on 10 November 2008, the Yasamal District Court upheld the postponement request. On
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29 September 2005
|
54. On 31 August 2005 the investigators ordered a forensic expert examination of the comparison of the clothes found in Zamay-Yurt with the description thereof contained in Amirkhan Alikhanov’s medical record kept in the local hospital. On
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from 28 September to 7 October
|
36. On 10 October 2007, the applicant himself asked the prosecutors to modify the remand measure for the period of 10-21 October, and to allow him to leave Kėdainiai town so that he could go to the Dzūkija constituency, situated about 115 kilometres away, to meet the voters and compete with the other candidate on equal terms. The applicant stated that his meetings with the voters during the second round of elections would start on 12 October. He also added a two-page document describing the schedule of meetings between members of his party, including some renowned party members, and voters. From the documents in the Court’s possession it transpires that those meetings had already taken place
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December 2003
|
17. On 28 November 2003 the Jesenice Local Court issued a decree of distribution (sklep o dedovanju) dividing the remainder of A.K.’s estate (see paragraph 11 above) between her four daughters. The decree was served on the applicant on an unspecified date in
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more than two years old
|
9. On 27 March 2003 Mr Dementyev, the first deputy president of the Sverdlovsk Regional Court, sent the following letter to the head of the Verkh-Issetskiy police department of Yekaterinburg:
“With the consent of the Yekaterinburg town administration, a group of citizens comprising Mr Sh., Mr Kuznetsov and Ms M., held a picket in front of the building of the Sverdlovsk Regional Court...
The picket notice indicated that the purpose of the picket was ‘to attract public attention to violations of the human right of access to a court’.
As the subsequent events demonstrated, the picket organisers misled the officials of the Yekaterinburg town administration as to the real purposes of their action.
Instead of drawing public attention to the problems of judicial protection and violations of human rights, as it was indicated in the picket notice – if they believed that such problems existed – which would be hard to contradict because the said problems exist in reality, for three days the picket participants distributed printed leaflets and materials of a slanderous and insulting nature which targeted the president of the Sverdlovsk Regional Court personally.
The information contained in the extract from the Novaya Gazeta newspaper was
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18 February 2001
|
19. On 18, 20 and 26 February 2001 the applicant confessed to several offences. According to the applicant, on each occasion he was brought to the principal investigator after questioning by officers, and signed the record. The events during the relevant period can be described as follows:
On
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10 November 1998
|
32. On 24 September 1998 the applicant lodged a notice of appeal with the Regional Court. On 16 October 1998 the applicant’s counsel informed the court that the applicant did not intend to contest the judgment and withdrew his notice of appeal. In consequence, the judgment became final on
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sixteen years
|
19. On 5 May 2010 the applicants lodged a complaint with the Constitutional Court (Ústavný súd) under Article 127 § 1 of the Constitution (Constitutional Law no. 460/1992 Coll., as amended).
They considered the dismissal of their action arbitrary and alleged that their rights under, inter alia, Article 6 § 1 of the Convention (access, fairness, adequate reasoning) and the constitutional equivalent of Article 1 of Protocol No. 1 had been violated.
Among other things, they argued that – on the specific facts – their case fell outside the purview of the restitution laws cited in the Regional Court’s judgment and that the existence of the restitution laws as leges speciales did not exclude the application of the rules on protection of property rights under the Civil Code as a lex generalis.
In addition, the applicants submitted that judicial practice had varied. They referred to the District Court’s judgment in case no. 15C 251/94 and its judgments in a number of other cases concerning the same sports centre, in which the application of general civil law in an identical context had been accepted. Although they had raised this specific argument before the Regional Court, the latter had taken no position on it and its reasoning had been generally inadequate and arbitrary.
Moreover, the applicants emphasised that it had been
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24 March 2000
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12. On 11 March 1999 the court appointed an expert and asked him to submit an opinion within forty days. The file was submitted to the expert on 16 March 1999. Subsequently the District Court repeatedly urged the expert to submit the opinion. On
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26 May 2004
|
13. The Government also stated that afterwards R.A. had been considered a missing person (dingęs be žinios). In order to find him, the authorities had entered information into the relevant registers and databases. Various police records had been inspected. R.A. had been sought in medical establishments. Information with regard to unidentified corpses had been checked in order to look for similarities. The media had also been employed to ask the general public for assistance. The search had been closed on
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15 August 2007
|
31. In his appeal submission the applicant repeated his arguments that he had a permanent place of residence and employment in Moscow and positive references. He reiterated that a member of Parliament had vouched for his attendance and that his relatives were ready to post bail for him. On
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between two and a half and three and a half years
|
65. On 18 August 2014 the Zamoskvoretskiy District Court of Moscow examined another “Bolotnaya” case and found four individuals guilty of participating in mass disorder and committing violent acts against police officers during the demonstration on 6 May 2012. They received prison sentences of
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Between May 2007 and June 2008
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19. The applicant submitted that after the revocation of pension on 26 July 2002 for five years she had been unsuccessfully looking for job but had received no unemployment or other benefits from the State during that time.
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4 January 1999
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21. On 13 December 1998 according to the nursing entries, there was no vomiting complained of or witnessed apart from twice at the beginning of the night. It was also recorded that she ate a small dinner and slept for long periods that night. There were no entries in the medical record on this day. The doctor stated in his statement of
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13 March 2010
|
5. On 13 March 2010 the police issued a payment order fining the applicant 540 euros (EUR) for two traffic offences under Section 27(1) and (3) and Section 135(3) and (5) of the Road Traffic Safety Act. From the police’s description of the facts and evidence it appears that on
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25 September 2002
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13. On 20 March 2002 the Grand Chamber of the Court of Cassation’s Civil Division rejected the appeal and upheld the Üsküdar Court’s decision of 27 September 1999. The court noted that there was no dispute that, inter alia, the municipality headed by Mr Bingöl had failed to execute certain court judgments. However, it remained to be determined whether the words used by the applicant in the course of the administrative proceedings had a valid basis and whether these words constituted an attack against Mr Bingöl’s personal rights. In this connection, it considered that the applicant had overstepped the standards and boundaries of objective debate by using the terms “bigot”, “cruel” and “no regard for the rule of law”. The applicant had attacked Mr Bingöl’s personal rights. It also considered that the sanctions for the non-execution of a court decision – of which the mayor had been accused – were provided for by statute and that this could not be considered to be a valid reason for the applicant to cross the legally permissible boundaries and use the words he had. Finally, it held that listening to witnesses or examining the case file before the administrative courts would not have changed the outcome. The Grand Chamber of the Court of Cassation’s Civil Division also decided to remit the case to the 4th Chamber of the Court of Cassation’s Civil Division for an examination of the applicant’s complaints concerning the excessive amount of compensation. A request by the applicant for the review of that decision was rejected on
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The same day
|
15. The applicant alleged that he had initially refused to sign this record and requested a lawyer. This became the reason why he was kept in the Police Station for the following five and a half hours. During this period, the police officers were persistently trying to convince him to sign the record and to refuse a lawyer. They told him that it was unnecessary to have a lawyer and spend money for such a minor case. They further said that the case had been already pre-decided by their superiors, so a lawyer would only harm rather than help, as he may end up spending quite some time in the Police Station because of that. On the other hand, if he signed the record and refused a lawyer, he would be immediately taken to a court, where at worst a small fine would be imposed and he would be released. The applicant finally succumbed and agreed to sign the record and to refuse a lawyer.
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17 August 1994
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11. On 1 December 1994 the Housing Department of the City of Belgrade (Sekretarijat za komunalne i stambene poslove grada Beograda) rejected the appeal filed by the Municipal Attorney-General's Office (Javno pravobranilaštvo opštine Palilula) and the decision of
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23 June 2000
|
20. In the meantime, on 28 December 2000, the Vienna Regional Civil Court resumed the proceedings concerning the applicant's appeal against the judicial sale. It dismissed the appeal, noting that under section 187 § 1 and section 184 § 1 (3) of the Enforcement Act only persons who had been present at the judicial sale or had erroneously not been summoned had a right to appeal within 14 days from the date of the auction. In contrast to the views expressed by legal writers, it was the Supreme Court's established case‑law that this time-limit was absolute and, therefore, also binding in a case like the present one where the debtor had not been capable of participating in the proceedings and had not been represented. Consequently, the sale of the applicant's apartment had become final and it was no longer possible to claim the nullity of the proceedings. The court therefore revised its decision of
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15 May 2008
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24. The applicant alleged that in the course of his imprisonment all of his correspondence, including that with the Court, had been systematically monitored by the prison authorities. He submitted in particular that (i) on
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25 August 1995
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5. In 1995 the applicant entered into contracts under which he undertook to export wheat to foreign companies. On 11 August 1995 the Council of Ministers of Bulgaria adopted Regulation No. 160/1995 whereby the export tax for wheat was increased from 35 United States dollars (USD) to USD 55. The new rate became effective on
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11 March 1992
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17. On 15 January 1992 the Review Chamber, after having held an oral hearing, dismissed a further request of the applicant for release. On 13 February 1992 the Court of Appeal dismissed the applicant’s appeal. On
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3 September 1998
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59. Since the facts of the case were disputed, the Commission conducted an investigation, with the assistance of the parties, and took oral evidence from the following witnesses: the applicant; the applicant’s parents; Mr Bronislav S. Stichinskiy, Deputy Minister of Justice; Mr Drishchenko, Deputy Prosecutor-General; Mr Ivan V. Shtanko, Deputy Minister of the Interior; Mr Petro A. Yaremkiv, the governor of Ivano-Frankivsk Prison; Mr Bogdan V. Kachur, prison doctor; Mr Stanislav V. Prokhnitskiy, medical assistant; Mr Yuriy M. Pindus, assistant to the prison governor, who was on duty on
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between six and twelve months
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24. In January 2004 the applicant wrote to the Ministry of the Interior. He stated that he had applied for Russian citizenship in December 2000, and that consideration of such applications should take
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29 October 2003
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11. On 8 July 2003 the Prosecutor’s Office of the Târgu Mureş Court of Appeal decided to discontinue the proceedings against T.M. and L.C.V. The prosecutor investigating the case noted that the two officers had entered the applicant’s yard in his absence and without his permission. However, when K.M. had arrived at the scene, they had immediately disclosed their identities. Moreover, they had been on duty and had only noted the chassis series of the applicant’s cars. The prosecutor therefore concluded that the officers had had no intention of committing a crime. On
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18-19 November 2003
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81. The applicant could have a one-hour daily walk in one of the ten courtyards equipped with a metal shelter and benches. When he had arrived at the remand prison late after the court hearings, he had been unable to take exercise. According to the information provided by the Government, remand centre no. 99/1 had ten walking yards (the smallest measured 15.9 square metres, the largest 36.6 square metres; the average area was about 29 square metres). Each walking yard was equipped with a roof and benches. The Government also produced several reports showing the number of people from each cell who could have a walk outside; these reports concerned about two dozen cells and were dated
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12 December 2006
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15. On 1 June 2007 the Municipal Court dismissed the applicant's request for the interim measure and forwarded the case to the Zadar County Court. On 19 September 2006 the latter quashed the first-instance judgment of
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December 1996
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93. Following the murder, the applicant found a packet of dried nuts bought from the shop of Ziya Kasaboğlu in her house. Mr Kasaboğlu told the applicant that her husband had bought the nuts and that he had been killed afterwards. He said that it was because of this that he had been the one who had informed the family of the murder: he had telephoned the father-in-law of the applicant's sister. In actual fact, Mr Kasaboğlu was a plain-clothes policeman and the father-in-law was his superior. After the applicant's husband had died, Mr Kasaboğlu closed up his shop and moved to the village of İnönü. The applicant believed that Mr Kasaboğlu was involved in the incident because he did not come to speak to her and the police did not take a statement from him. In addition, her husband never used to buy nuts from his shop. The applicant asked the authorities to take a statement from Mr Kasaboğlu, but to no avail. She first made this request at a secret meeting in
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26 June 2000
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6. From 23 December 1999 to 26 June 2000 the applicant was detained in Kaliningrad remand prison IZ-39/1 awaiting transportation to Moscow, where he was to attend the hearing of his criminal case in the court of appeal. According to the applicant, the conditions of detention there were appalling, as the cells were overcrowded and dirty and without a minimum of comfort. After
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13 May 2002
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13. On 19 April 2002, the second applicant, acting again on behalf of the applicant company, requested the Execution Department of the Ministry of Justice to comply with the judgment of 14 May 2001. In response, on
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some ten days
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8. The applicant is the father of two children, K. born in 1988 and H. born in October 1990. He and the mother of the children divorced in January 1992, having lived apart since November 1990 and K. having lived with his mother and H. with the applicant. The applicant assumed the care of H.
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23 November 2003
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13. On 26 October 2006 the President of the Criminal Division of the Gdańsk Regional Court stated in a letter to the President of that court that Judge L.M.’s original secondment had covered the hearings held on: 26 October, 16 and
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two months and fifteen days’
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24. On 1 February 2007 the Bursa Assize Court held that the former Criminal Code (Law no. 765) was more favourable for the accused police officers. The court once more sentenced them to ten months’ imprisonment and
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8 September 2000
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29. In its decision of 2 January 2001, the Regional Office found factual inaccuracies and inconsistencies in the reasoning of the Land Office’s decision of 15 August 2000 to open the consolidation proceedings in respect of the plot. It quashed this decision and sent the case‑file back to the Land Office for reconsideration. The decision of
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9 December 1996
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7. On 6 December 1996 the applicant lodged four separate claims with the City Court against the company seeking respectively: compensation for salary arrears, medical expenses and issuance or compensation of cost of sanatorium voucher; annulment of a reprimand; payment of health allowances; and placement to a certain post. On
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24 November 2005
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6. On 12 April 2005 the applicant company and another company, S., concluded an agreement by which the applicant company undertook to provide information and analytical services to S., and the latter undertook to pay for those services. On
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13 August 2003
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18. On 15 July 2003 the MADEKKI replied to questions put by the Ministry of Health, which had been contacted by the National Human Rights Bureau further to a complaint by the applicant. They answered that there was no information at their disposal as to whether, at the time of her son’s death, any refusal of or consent to the use of his body, organs or tissue after his death had been recorded in the Population Register (Iedzīvotāju reģistrs). They also answered that the applicant had not been informed of the possible removal of organs (the kidneys and the spleen) for transplantation purposes. There was no information at the MADEKKI’s disposal as to whether there had been a stamp in Mr Petrovs’ passport signifying an objection to the use of his body tissue and organs. On
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19 April 1999
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23. On 9 April 1999 the applicant’s solicitors wrote to the controller requesting confirmation that the applicant could be legally represented at any adjudication. On 12 April 1999 the controller responded stating that the adjudication had been adjourned as the charge had been referred to the police. He also noted that the applicant had not requested legal advice or representation at the hearing, had pleaded guilty to the charge and had apologised for the injuries caused. On
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7 November 2012
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21. Another month and a half, until 26 December 2012, the applicant spent in prison hospital no. 1. His diabetes took a “moderately grave” course. He was still continued being diagnosed with pneumonia having tested sputum smear and culture negative. At the same time the doctors’ reading of an X-ray exam performed on
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22 February 2000
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28. The first two hearings at the trial stage of the proceedings were held on 25 January and 22 February 2000. On both occasions the applicant appealed against his detention, which the Plovdiv Regional Court dismissed by essentially relying on the intelligence data that he would abscond, that he was charged with a serious intentional offence for which detention on remand was mandatory and that he had another preliminary investigation opened against him. At the hearing of
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42 year old
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21. In a further article on the same page, under the heading “They want to know where I am”, the paper mentioned the name of the street where the applicant lived (Y), that of his neighbourhood (Z), and that of the company where he worked. The article rendered a statement by the applicant maintaining his innocence and informing that the police had wanted to know his whereabouts but had let him in peace. Next to the article appeared a photograph of the applicant seen from behind, at a relatively long distance, on his way down towards the Z-river, with the caption: “The
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Between 1986 and 21 December 1990
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8. On 29 April 1985 the second applicant asked the Wiesbaden trade supervision department (Gewerbeamt) to inform him whether there were plans to examine the influence of noise emissions on the first applicant's property.
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4 October 1994
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12. On 3 October 1994 Rehib Çabuk and Sefer Cerf were killed in Adana. They were, respectively, district leader and administrative board member of HADEP (Halkın Demokrasi Partisi, People’s Democracy Party), a pro-Kurdish political party. The applicant witnessed the killing and attended the funeral on
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