target
stringlengths 11
70
| prompt
stringlengths 200
10k
|
|---|---|
18 December 2000
|
50. The applicant also brought civil proceedings against the judge who had authorised the attachment of property on 9 May 1994, the police investigator involved in his criminal case and his wife, claiming compensation for damage caused to the property by their unlawful acts. On
|
the second half of August 1991
|
68. The second applicant appealed against that decision to the Supreme Court, arguing that his detention was not justified. On 7 December 2012 the Supreme Court dismissed his appeal as ill-founded. The relevant part of the decision reads:
“... the finding of the first-instance court that the grounds for the continued detention of the accused Drago Bošnjak under Article 102 § 1 (4) of the Code of Criminal Procedure still apply is correct.
The confirmed indictment shows a relevant degree of reasonable suspicion that the accused committed the offence under Article 120 § 1 of the Criminal Code. Thus the general statutory condition under Article 102 § 1 of the Code of Criminal Procedure has been met.
There is a reasonable suspicion that the accused, in
|
29 June 2009
|
8. In June 2009 M.K. went to Ireland on holiday and said he intended to take A to Poland for the summer holidays. The applicant was concerned whether M.K. would return the child to Ireland after their holidays in Poland. On
|
the next day
|
32. During the hearing held on 21 July 2004 a co-accused challenged a judge. His motion was dismissed on the same day. Another of the accused objected to his lawyer being replaced by a locum tenens for the hearing. The hearing was adjourned until
|
6 February 2006
|
39. On 2 February 2006 the court scheduled a hearing. On the same day it requested the Celje Social Work Centre to inform it, inter alia, about the conditions in which the first applicant was living, O.Č.'s state of health, the second applicant's performance at school, and also to interview the second applicant. The court requested a swift response. In addition, the court requested O. Č.'s psychiatrist to provide information on her treatment and inquired at the District Public Prosecutor's Office about the criminal proceedings instituted against the first applicant. The District Public Prosecutor's Office responded on
|
18 January 1996
|
32. On 28 March 2000 the Primorsky District Court of Odessa allowed the applicant's claims and ruled that the amount of compensation, arrears and benefits was to be calculated and paid to the applicant as from
|
20 June 1997
|
10. On 14 June 1997 the Pest Central District Court ordered the applicant's detention on remand on charges of drug-trafficking. On the applicant's appeal, this decision was upheld by the Budapest Regional Court on
|
25 March 1997
|
19. On the latter date the court heard the defendant and adjourned the case until 25 March 1997 as it was not clear whether the applicant’s lawyer had received the summons. On 24 March 1997 the applicant’s lawyer informed the court that he no longer represented the applicant. On
|
7 July 2004
|
16. In a judgment of 1 March 2007 the Supreme Court of Cassation dismissed the applicant’s request. The court held that under Article 423 of the 2006 Code of Criminal Procedure a reopening was only possible where the convicted person had been unaware of the criminal proceedings against him for reasons beyond his control. It noted, however, that the applicant had left the scene of the crime and had failed to inform the authorities of his current address. Therefore the fact that he had not been aware of the criminal proceedings against him was a consequence of his own conduct. The court concluded that by fleeing and failing to inform the authorities of his whereabouts the applicant had given up his procedural rights of his own free will. As to the applicant’s court-appointed lawyer, the court found that he had not breached his duties, his failure to appeal against the judgment of
|
27 November 2001
|
8. On 16 November 2001 the Sertolovo Garrison Military Court granted in part the applicant's claims concerning free housing due to him under the military service contract. The court also awarded the applicant 2,015 Russian roubles (RUR) for legal costs. That judgment was not appealed against and became final on
|
19 November 2010
|
38. On 20 December 2010 the Nasimi District Court dismissed the applicant’s claim. The court relied on the letter of 30 November 2010 submitted by the Head of Nasimi District Police Station No. 22 and the administrative offence record of
|
24 May 2006
|
40. After the arrest of the applicant and his accomplices their case received some press coverage. The applicant submitted an article entitled “Who was the contract murder client?”, which had been published in a regional newspaper, Dagestan Argumenty i Facty, on
|
11 July 2000
|
7. On 11 July 2000 the Słupsk Regional Court dismissed the prosecutor’s request for prolongation of the applicant’s detention and ordered his release. It found that there had been no other evidence of the applicant’s alleged involvement in the offences in question than the statements of his co-suspect. In addition, the statements of that co-suspect had not been consistent as at the earlier stage of the investigation he had excluded a possibility of the applicant’s involvement in the offences. The applicant was released on
|
5 September 2013
|
34. On 7 February 2013 the bailiffs discontinued the enforcement proceedings, noting that B. had been subjected to fines in those proceedings and that on 18 May 2011 she had been convicted of the crime of non‑compliance with a court decision and had been punished with a fine of UAH 1,000[3]. On
|
no longer than ninety days
|
6. The applicant arrived in Russia in October 2011. He was in possession of a visa declaring the purpose of his visit as business. The applicant’s visa was due to expire in October 2012. However, the visa allowed the applicant to stay in Russia for
|
23 March 2006
|
34. On 10 June 2005 the Passau Regional Court ordered the applicant's subsequent preventive detention under Article 66b § 1 of the Criminal Code (see paragraph 48 below) which was to be executed in a psychiatric hospital. On
|
8 December 1994
|
19. In a judgment of 4 February 1993, the Regional Court granted the application only in respect of the distribution of the magazines in France, in accordance with the rules of private international law (section 38 of the Introductory Act to the Civil Code – Einführungsgesetz in das bürgerliche Gesetzbuch) read in conjunction with Article 9 of the French Civil Code.
With regard to the distribution of the magazines in Germany, however, the Regional Court reiterated that it was German law which applied. Under section 23(1) no. 1 of the Copyright Act, the applicant, as a figure of contemporary society “par excellence” (eine “absolute” Person der Zeitgeschichte), had to tolerate this kind of publication.
The Regional Court held that she had failed to establish a legitimate interest (berechtigtes Interesse) justifying an injunction against further publication because, where figures of contemporary society “par excellence” were concerned, the right to protection of private life stopped at their front door. All the photos of the applicant had been taken exclusively in public places.
(b) Judgment of the Hamburg Court of Appeal of
|
14 August 2001
|
8. On 13 August 2001 the applicant was granted bail under certain conditions, including a guarantee of approximately 23,300 euros (EUR). One of these conditions stipulated that the applicant could only leave his residence to accompany his son to and from school, and was therefore only authorised to go out, accompanied by his son, between 6 a.m. and 9 a.m. and between 3 p.m. and 6 p.m. On
|
12 July 1992
|
8. In respect of plot no. 6271, the right of perpetual use of that plot was granted by the State Treasury to the “Zakłady Energetyczne Okręgu Radomsko-Kieleckiego SA” and that company was designated as the present occupier. On
|
less than four days
|
39. The prosecutor further found that no criminal offence had been committed by the employees of the detention centre in respect of their alleged negligence in supervising the inmates of the impugned cell. He noted that the cell had been monitored by the CCTV but no recordings had been made. Furthermore, the impugned ill-treatment consisted of a few individual acts that took place over the period of
|
22 April 2003
|
7. On 27 March 2003, 11 December 2003 and 3 October 2005 respectively, the Novi Pazar Municipal Court ordered the debtor to pay the first applicant specified amounts on account of salary arrears and social insurance contributions, plus the costs of the civil proceedings. These judgments became final on
|
October 2002
|
19. The decision of 8 October 1999 was not served on the applicant or her representatives. One of the applicant’s representatives obtained a copy of the decision from the Fatih public prosecutor’s office in
|
17 December 2004
|
16. On 19 January 2004 the Yemva Town Council offered the first applicant a two-room flat of 25 square metres with central heating. It noted that no State housing had been constructed since 1994 and that it was therefore not in a position to offer a flat with full amenities. The applicants did not accept the offer. On
|
22 February 2000
|
17. A moratorium on executions was declared by the President of Ukraine on 11 March 1997. In judgment no. 11рп/99 of 29 December 1999 the Constitutional Court held that the provisions of the Criminal Code concerning the death penalty were contrary to the Constitution of Ukraine. The death penalty was abolished and replaced by life imprisonment by Act no. 1483-III of
|
12 February 2002
|
20. On 6 February 2002, the applicant’s son-in-law lodged a criminal complaint, with no civil claims, with the Iaşi Prosecutor’s Office, requesting an investigation into his wife’s and daughter’s deaths following his wife’s admission to the Cuza-Vodă Clinic in Iaşi. His complaint was registered on
|
18 June 1999
|
6. On 20 March 2000 the applicant’s son had been arrested under suspicion of having committed theft; he was taken into custody in the Gaeşti Correctional Institution for Minors on 2 November 2000. At that time, a medical examination was carried out, the report stating that he was clinically healthy. A copy of the results of a medical examination dated
|
12 May 1998
|
18. Meanwhile, on 23 March 1998 the applicant’s lawyer requested the Parvomay District Prosecutor’s Office to do the necessary for the speedy conclusion of the criminal proceedings. On 4 May 1998 he filed a complaint with the Plovdiv Regional Prosecutor’s Office, alleging that the criminal proceedings had lasted unreasonably long, thus precluding the resumption of the civil proceedings. In a letter of
|
30 December 2010
|
27. The applicant was taken to the hospital where he went on a hunger strike in protest against his involuntary placement. He also filed grounds of appeals, complaining in particular about a breach of his right to defend himself through legal assistance of his choosing. On
|
11 October 2006
|
12. On 11 September 2006 the District Court again extended the applicant's detention. It referred to the likelihood of a severe sentence of imprisonment being imposed on the applicant. It also relied on the risk that the applicant might tamper with evidence, given the nature of the charges against her and the fact that she had acted in concert with the co-accused. This decision was upheld by the Katowice Regional Court on
|
15 August 1995
|
21. The applicant applied to the Supreme Court (korkein oikeus, högsta domstolen) for leave to appeal, noting that the District Court had refused to call A.P. as a witness because it had found that it was unnecessary in the light of the other evidence invoked. The District Court had, thus, found that the applicant had not been prevented from calling him had the hearing of his evidence been necessary. The Court of Appeal had, however, found that the applicant had appointed A.P. as his witness only at a stage of the proceedings when he was already precluded from doing so, i.e. at the main hearing. The applicant had, however, appointed A.P. as his witness already in a preparatory meeting on
|
11 July 2001
|
17. Following the Town Court's refusal to reopen the proceedings, the applicant appealed to the Regional Court, complaining about the first-instance court's decisions of 11 July and 6 September 2001. He insisted that his personal presence at the hearing of
|
18 October 2000
|
47. On 19 March 2002 the Urus-Martan District Prosecutor's Office issued the first applicant with a certificate stating that the criminal investigation into the disappearance of her son had been opened on
|
26 October 1998
|
12. In a letter of 15 December 1998 the Bureau informed the applicant that its accounting department had decided to suspend his entitlements under Law no. 53/1992, on the ground that the certificate issued on
|
14 March 2006
|
27. According to the applicant, she did not appeal against the judgment of 17 March 2005 but in August 2005 she instituted new and separate divorce proceedings in the Golosiyivsky District Court of Kyiv. On
|
10 April 1997
|
9. In support of his claim to ownership, the applicant produced copies of the original title deeds and a cadastral plan on which his lands were marked in red. He specified that the plots of land described in paragraph 8 (a) and (k) above belonged to his father, who had transferred them to him on
|
the same day
|
20. By a letter dated 10 June 2008, the deputy director of the Istanbul police headquarters informed the Kırklareli police headquarters that the applicant did not wish to return to her country, but wished to seek asylum, and had applied to the Court. The director reiterated that she had been held in the Istanbul police headquarters with a view to her deportation. He further maintained that the applicant should be held in the Kırklareli Foreigners' Admission and Accommodation Centre pending the outcome of the proceedings before the Court. On
|
29 March 2012
|
71. On 19 December 2011 District Court appointed a new expert. On 15 March 2012 the expert informed the court that he had been unable to contact the applicant. The applicant informed the court that he was unavailable for further examination. On
|
16 July 2001
|
13. As the applicant continued living in the house, the creditor brought a court action for her eviction. On 12 March 2002 the Zestafoni District Court allowed the action on the basis of both parties' written and oral submissions. The court found it established that the creditor had acquired ownership of the house through the public auction of
|
last few hours
|
37. The experts pointed out that the Russian authorities gave the cause of death as methadone intoxication based on the fact that methadone was detected in the blood and urine of Mr Togonidze and that he had three injection marks on his body. They also emphasised that the authorities concluded from these facts that Mr Togonidze had repeatedly used narcotics for a long period of time. As regards the needle punctures they pointed out that the injection mark at the bend of the left elbow stemmed most probably from the resuscitation attempts at the airport, in which intravenous drugs were given, and that the other two marks, on the lower third of the left shoulder, appear as a very unusual site for self-injection of drugs. They further indicated that methadone is usually taken in liquid form and only very uncommonly by injection. In addition, according to their opinion, the
|
14 October 2005
|
30. The applicant, the prosecutor and the victims lodged appeals on points of law. In his appeal on points of law the applicant reiterated his arguments raised in his appeal against the decision of the District Court of
|
9 November 2000
|
25. The investigator also ordered a graphology forensic examination of the suicide letter found in A.S.’s apartment, and asked the expert to establish whether it had been written by the deceased. On
|
10 July 2000
|
17. On 7 July 2000 the Gospić County State Attorney's Office (Županijsko državno odvjetništvo u Gospiću) ordered investigative measures in connection with the disappearance of M.S. and asked the Otočac police to conduct an interview with former police officer D.R. and former head of the police station J.O. about the disappearance of M.S. The Otočac police interviewed D.R. on
|
Two or three days later
|
52. On 22 January 2004 Mr S.Kh., a resident of Starye Atagi, was questioned as a witness. He stated that in February 2002 there had been an armed clash between the federal troops and insurgents in his village. The federal servicemen had also carried out a special “sweeping” operation, in the course of which his son and the three Nasukhanov brothers and their cousin had been arrested. The detainees had been brought to the mill where the military unit had been stationed. At the request of the local authorities the servicemen had released his son and Vakha Nasukhanov. The two Nasukhanov brothers and their cousin, as well as twelve other residents of Starye Atagi, had not been released and their fate had been unknown.
|
fourteen days
|
66. Mr Rastislav Koky and Mr Martin Kočko completed their respective depositions of 12 March 2002 in that they specified that, as a result of the injuries sustained in the attack, Mr Rastislav Koky had been incapable of work for
|
4 and 11 November 2002
|
41. On 3 October 2002 the District Court determined the mother's obligation to contribute to the maintenance of the second applicant during the period from 1 May 1998 to 3 December 2001. The court noted that the mother had in the meantime contributed to the second applicant's maintenance. The outstanding sum for the above period amounting to the equivalent of 130 euros was payable to the second applicant within 15 days from the date on which the judgment took effect. The judgment was served on the parties on
|
26 June 2006
|
10. On 15 May 2006 the applicant was examined by a medical expert, who determined that three of his teeth were loose and found a contusion of one of the fingers on his right hand. He explained that he had been again struck by his son. On
|
between 1998 and 2001
|
32. On an unspecified date further charges were brought against the applicant and several other people. Overall, the criminal proceedings in question involved twelve suspects and concerned twelve episodes of criminal activity, including numerous counts of theft, robbery and murder, committed
|
18 October and 1 November 2004
|
111. The applicant company unsuccessfully tried to bring proceedings before the commercial and civil courts on account of the seizure of the planes and their classification as evidence in the criminal case. On
|
21 November 2001
|
24. In July 2009 Ms A. lodged an action with the Anapa Town Court, seeking annulment of the applicants’ registration in the housing premises and their eviction. The applicants lodged a counterclaim, asking the court to declare the sale and purchase agreements in respect of the resort property null and void and to uphold their right to live in the housing premises. They enclosed written witness statements, including one by a supervising police officer confirming that the applicants, having no other place of residence, were living permanently in the disputed housing premises and had been registered there. The applicants also provided the Town Court with a copy of the judgments of
|
5 September 2000
|
31. On 27 June 2000 the applicant appealed to the Plovdiv Regional Court. He filed the appeal with the Plovdiv District Court, as required by the relevant rules of civil procedure. On 30 June 2000 the Plovdiv District Court instructed the applicant to specify his grounds of appeal, and on
|
fifteen years’
|
25. On 5 April 2005 the Court of Appeal of the Autonomous Republic of Crimea (hereafter “the ARC Court”), acting as a first-instance court, convicted the applicant of armed robbery and murder for profit and sentenced him to
|
between December 2006 and March 2007
|
25. The 2007 Activities Report of the Commissioner for Human Rights of the Russian Federation pointed out that the perception of domestic judgments as what one might call “non-compulsory recommendations” was still a widespread phenomenon not only in society but also in State bodies. It noted that the non-enforcement problem had also arisen in respect of judgments of the Constitutional Court. According to the report, the problem had been discussed
|
29 January 2004
|
33. On 4 December 2003 the applicant was arrested in the town of Syktyvkar on suspicion of committing robbery and theft in Syktyvkar. On 5 December 2003 the Syktyvkar Town Court authorised his detention. On
|
23 October 2002
|
12. During this time, the applicant’s detention was extended by the Katowice Court of Appeal’s decisions of 6 February 2002 (confirmed by the same court on 13 March 2002), 15 May 2002 (upheld on 23 October 2002),
|
17 February 1993
|
16. According to the records of the social welfare authorities, M. showed signs of behavioural problems. On 30 March 1992 a psychologist reported how M. had played with two dolls saying – in very vulgar terms – that they were performing sexual acts. On
|
28 August 1998
|
25. On 25 May 1998 the Minister of Justice informed the applicant that the President of the Koszalin Regional Court would supervise the proceedings. The District Court held further hearings on 3 July, 7 and
|
the night of the 10 October 2002
|
24. The third strand of the prosecution case concerned documentation found upon a search of the applicant’s home on 24 October 2002. On the one hand, there was a piece of paper containing the drawing of a key and a telephone number which the court accepted was that of MB, the owner of the Nissan Almera with the false number plates. They also found a piece of paper with the telephone number of PB whom the Court had no doubt was the person found to be driving the Ford Transit van on
|
21 August 2002
|
110. The first applicant was questioned on 10 September 2002 and 19 February 2009. On 9 October 2002 the first applicant was granted victim status. She corroborated the third applicant’s statements and added that on
|
2 February 2007
|
53. The applicant submitted a copy of a letter of 31 May 2007 sent by the Kamińsk Prison administration to the Ministry of Justice. It was stated in the letter that from 26 April 2007 until 31 May 2007 the applicant had been detained in cell no. 50, which measured 16.4 m² and was shared by six people, including the applicant (2.7 m² per person). It was also noted that on
|
5 December 2003
|
71. On various other occasions the authorities took additional decisions allocating financial and other assistance to various categories of the victims (such as decrees no. 730 of 15 August 2003, no. 1078 of
|
4 August 2011
|
53. In particular, the applicant indicates a press conference on 18 November 2010 at which the Minister of Justice stated that she had initiated disciplinary proceedings, as she considered that by not allowing the auditors to carry out their task the applicant had acted contrary to the law. The Minister was persuaded that such an audit would not in any way undermine the Supreme Court’s independence. The audit concerned exclusively the use of public funds, and the applicant’s position cast serious doubt on the trustworthiness and functioning of the judiciary as a whole. The Minister of Justice stated that she had made the representation on the initiative of the Minister of Finance and also on the basis of information she had obtained from the files of the Anti-Corruption Office. Two articles published on
|
every three months
|
126. The warrant stated that the search for the guilty person(s) had continued but their identity had not been established. The search would be kept open until time-barred on 30 March 2014, in accordance with Article 102 (1) of the Criminal Code. A letter of inquiry would be addressed to the gendarmerie
|
24 September
|
11. The letter’s layout could be distinguished from the remainder of the page in that its text was framed and headed with: “Priests loyal to the Pope should be appointed to influential positions” and read as follows:
“The Diocesan Forum in Salzburg came to a close on
|
15 November 2002
|
37. On 17 February 2003 the applicant lodged a request with the Maribor Social Work Centre for a revised contact schedule, as he had not yet received a response to the appeal of 27 November 2002. He also sought to have the decision of
|
30 August 2000
|
22. On 26 July 2000 the Sovetskiy District Court again considered the case and rejected the applicant’s claim, stating that she was only entitled to housing in the renewed dormitory. The decision was confirmed on
|
19 November 2005
|
29. Upon arrival in the remand prison, the applicant underwent a medical examination, including a chest X-ray, which established that he was in good health. Further medical examinations performed on 15 April and
|
22 July 2009
|
28. On 21 January 2009 the Stuttgart Court of Appeal requested the Land of Baden-Württemberg to submit a written statement on whether a fresh recruitment procedure would have led to the applicant being selected for one of the six notary posts. On
|
18 May 2004
|
28. The Court of Appeal first found that the defendants’ occupation of the land breached the land-use plan, which was automatically enforceable, and responded as follows to the arguments raised:
“While the right to housing is a constitutional principle, and while Articles 3 and 8 of the Convention ... guarantee respect for each person’s private and family life and protect everyone from inhuman and degrading treatment, these superior principles have not in this particular case been impaired, as the municipality’s action had a legal basis derived from compliance with regulations that are indiscriminately binding on everyone, thus sufficing to establish the public interest that is necessary for the exercise of such action, giving rise to adversarial proceedings at first instance and on appeal, and as the enforcement of a court decision given with due regard for defence rights cannot constitute the alleged degrading and inhuman treatment.
The long duration of the occupation does not create rights, neither does the tolerance, however lengthy, of such occupation in breach of the provisions of the municipality’s land-use plan. It is therefore pointless for certain appellants to rely on the schooling of their children, which is not necessarily undermined, or on the irrelevant fact that they hold relocation record books (carnets de circulation), which do not exempt them from complying with the regulations.
It is equally pointless for the appellants to allege bad faith on the part of the municipality or that is has breached its statutory obligations under the Besson Act.
It transpires from a letter from the prefecture of the Val d’Oise dated
|
6 April 2006
|
41. On 23 November 2006 the court extended the applicant’s detention until 2 March 2007. The court again examined the arguments of the parties, “materials” produced by the prosecution and the applicant’s arguments in favour of his release. In addition to the previously stated reasons the court referred to the risk of collusion with Mr L. N., Mr D.G., Mr B., all of whom had left Russia. The court also referred to the fact that on
|
eight years' and six months'
|
30. On 6 January 2004 a cassation hearing was held at the Supreme Court. The applicant did not appear at the hearing, even though he had been duly informed. The court dismissed the applicant's cassation appeal, finding it manifestly ill-founded. The court allowed the Prosecutor General's cassation appeal and quashed the judgment of the Court of Appeal in the part sentencing the applicant to
|
29 May 1992
|
19. On 27 February 2004 the Mazowiecki Building Inspector quashed the decision of 30 May 2003 and remitted the case for re‑examination. He observed that it had not been possible to establish whether the impugned decision concerned the same constructions which should have been demolished on the basis of the decision given on
|
10 June 2011
|
15. The father lodged an appeal and the case was heard by the County Court. Five hearings took place before the County Court and both the applicant and her counsel were present at all of them. He (that is to say the father) asked the court to interview the child, who was aged seven at that time. On
|
26 September 2008
|
34. On 11 September 2008 the applicant was again admitted to the prison hospital for treatment for his depression, which lasted until 25 September 2008. During his stay in the hospital, he had consultations with a psychologist and a psychiatrist, in addition to a cardiologist for his cardio-vascular problems. He also underwent various types of medical examinations, such as a comprehensive analysis of his blood (including liver function tests) and urine, an X-ray of his thorax, various scans of his abdomen and so on. After his discharge back to Rustavi no. 2 Prison, which was authorised by his attending doctor, the applicant was prescribed, on
|
8 July 2002
|
10. On 8 July 2002 the court rejected the applicant's claim as unsubstantiated. On 5 September 2002 and 28 January 2003, respectively, the Lugansk Regional Court of Appeal and the Supreme Court upheld the decision of
|
12 August 2005
|
7. On an unspecified date, the applicant’s lawyer sent a package by post to the applicant. The prison administration believed the contents of the package to be suspect and therefore lodged a request on
|
8 April 2004
|
41. On the same date the District Court found the applicant guilty as charged and imposed a one year suspended sentence, ordering at the same time the applicant’s release from detention under a written undertaking not to leave his place of residence. The District Court found, in particular, that:
“On
|
18 December 2009
|
43. Following the applicant’s arrest on 14 November 2009 (see paragraph 17 above), on 15 November 2009 the Nizhniy Novgorod transport prosecutor ordered his placement in custody pending extradition. On
|
9 November 1992
|
55. In the context of separate proceedings concerning the applicant’s request of 23 July 1992 for the enforcement of his right of access under the terms of the agreement of 2 April 1990, the District Court held a hearing on
|
further four weeks
|
113. On 25 September 2007 a procedural hearing before three judges was held in the appeal. By this stage answers had been lodged by Strathclyde Police and the Police Service of Northern Ireland. On the applicant’s motion and of consent the court allowed a
|
fifteen days
|
13. In 2009, Ms Kravchenko applied for a temporary residence permit. By a letter of 25 May 2009 the Federal Migration Service refused her application by reference to section 7 § 1 (13) of the Foreign Nationals Act and ordered her to leave Russia within
|
4 December 2014
|
67. Finally, at its 1302nd Human Rights meeting (5-7 December 2017) it adopted its fifth interim resolution (CM/ResDH(2017)429) which triggered proceedings under Article 46 § 4:
“Recalling anew
a. that in its above-mentioned judgment, the Court found not only a violation of Article 5 § 1 of the Convention, as no facts or information had been produced giving rise to a suspicion justifying the bringing of charges against the applicant or his arrest and pre-trial detention, but also a violation of Article 18 taken in conjunction with Article 5, as the actual purpose of these measures was to silence or punish him for criticising the government;
b. the respondent State’s obligation, under Article 46 § 1 of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, in addition to the payment of the just satisfaction awarded by the Court, the adoption by the authorities of the respondent State, where required, of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum;
c. the Committee’s call, at its first examination on
|
14 June 2005
|
81. On 9 February 2006 the prosecutor's office of the Chechen Republic issued, at the first applicant's request, a progress report in case no. 46060 stating that the investigation into the kidnapping of Shamsudi Vakayev and the Elmurzayevs had been opened on
|
7 October 1993
|
9. At a hearing on 9 September 1993 the applicant confirmed her offer of 29 April 1993 and asked for the money to be attached to guarantee payment. C.R. objected, seeking the applicant’s eviction. On the same day the Commissario scheduled a hearing for
|
21 March 2005
|
24. On an appeal by the applicant, in a decision of 2 April 2008 the Sofia Military Court quashed the prosecutor’s order and returned the case for further investigation. As to the investigation conducted so far, the court found in particular the following:
“During the preliminary investigation the witness Velev was interviewed and indicated that on the day following his detention he was brought to the upper floor of the police directorate, where there was a woman and three men. Velev describes in detail the police officer who punched him in the area of the ear and the body – about 160 cm in height, with black hair. Velev describes also the officer who hit him on
|
16 December 1994
|
7. On 29 November 1994 the General Prosecutor’s Office (hereinafter – the GPO) instituted criminal proceedings against the applicant for bribing. On 14 December 1994 the Deputy Prosecutor General sanctioned the applicant’s arrest and detention. On
|
3 June 2010
|
10. Each of the cells measured 19.3 sq. m and during the applicant’s detention had been occupied by between five and thirteen inmates. The cells were fitted with an unspecified number of bunk beds measuring 1.80 x 0.80 metres, tables, benches, a coat hanger and a television stand. During his detention the applicant had his own bed. Smokers were segregated from non-smokers. On
|
24 October 1996
|
8. In the course of the investigation, the applicant’s detention was prolonged twice, on 1 August, until 31 October 1996, and on 24 October, until 31 December 1996. The courts relied on a reasonable suspicion that the applicant had actually committed the offence with which he was charged and on the need to ensure the proper conduct of the investigation. They further referred to the need to obtain experts’ reports on certain items of material evidence. In its decision of
|
22 November 2002
|
98. In March 2002 the second applicant proposed a friendly settlement of the dispute and the State Property Fund (the body in charge of the privatisation deal) accepted his offer. On 19 November 2002 the friendly settlement was concluded. Under that settlement Volna paid the State USD 15,130,000 and the State withdrew its claim to the Apatit shares. The above amount was calculated by the audit firm BC-Otsenka, and was accepted by the Commercial Court of Moscow as the market price for the shares. On
|
September 2005
|
13. By decision of 14 August 2006 the Refugee Board confirmed the Aliens Authorities' decision of 19 April 2006 that the applicants failed to fulfil the criteria under section 7 of the Aliens Act (Udlændingeloven). It noted that the applicants' asylum motive was based mainly on fear of the Karuna group, which demanded the male applicant's cooperation to obtain information about his cousin. It did not rule out that it was possible, as stated by the applicants, that the Sri Lankan authorities cooperated with the Karuna group but it found that approaches from people related to the Karuna group in Batticaloa had to be considered geographically restricted and emphasized that in the present case the male applicant had a low profile and had been able to depart legally from Colombo in
|
12 July 1993
|
17. According to a report prepared by the Police Laboratory on 16 August 1993 concerning the examination of “the pistols found after the police operation involving members of the THKP-C/Dev Sol[1]”, the pistol found outside the café next to the body of Mehmet Salgın, with serial number 302-83715, was the missing pistol belonging to police officer Bulut who had been shot and injured on
|
20 September 2005
|
21. The applicant brought court proceedings against the administration of the remand centre. On 1 July 2005 the District Court refused to process his complaint under the Code of Criminal Procedure. On
|
7 March 1999
|
20. A.C. stated that on 5 March 1999 S.K. had telephoned and informed him about the arrest of four persons from the Dayanışma magazine. He had immediately ordered that the detainees undergo a medical examination. On
|
14 March 1997
|
12. He slept rough the first night of his release and subsequently resided on a temporary basis in a homeless boys' hostel run on a voluntary basis by a priest. From then until the judicial review proceedings (described below) issued, the applicant's solicitor wrote to the Board five times requesting that proper accommodation be made available to the applicant. A case conference was held on
|
25 November 2004
|
12. On 19 May 2005 the Pest County Public Prosecutor's Office reversed the decision of 5 November 2004 and established that the search had been unlawful in that neither the applicant nor a representative had been present. It observed that Dr M. could not be considered a person appointed to represent the applicant's interests; she had not been appointed to this end by the authority in charge. The Office was however of the view that the lawfulness had been restored by virtue of the District Court's decision of
|
two consecutive nights
|
31. On 17 August 2004 the District Court convicted the applicant and the other co-accused of participation in three episodes of robbery committed on the Khabarovsk-Chita motorway near the town of Mogocha. The applicant was sentenced to nine years of imprisonment. The court noted that:
“The accused created an organised group which corresponded to the description given in Article 35 of the Criminal Code, [namely,] permanent links between its members, prior collusion, stability and the use of specific methods in commission of the crimes. The group was created to [intercept newly-purchased Japanese cars being driven home] on the Khabarovsk-Chita motorway by persons passing near the town of Mogocha [and to levy an unofficial “toll” on the drivers]. The attacks were directed solely at drivers who had ... transit identification number of the town of Vladivostok [and presumably had just bought a “new” second-hand Japanese car and were driving it back home]. To carry out their attacks, the group had its own cars, acted only during the night, in a coordinated manner and daringly, made threats and substantiated them by showing [weapons], such as a shotgun, grenades, pistols ..., gave special notes confirming the payment, which also confirms that there were preliminary preparations and coordination. All of the accused were participants. No group leader was identified. The stability and organised nature of the group are also confirmed by the fact that they acted [on
|
12 July 2011
|
28. The Arzamas Town Court found that the applicant had been residing in Russia in breach of the immigration laws. The court established that at 0.05 a.m. on 13 March 2013 at the address of the Arzamas police station “the applicant had failed to leave the Russian Federation after the expiry of the registration term, that is,
|
five months'
|
38. As to the lawfulness of the applicant's continued detention after the expiry of the custody time limit, Lord Brown reviewed the facts of the case, noting that the applicant had a previous conviction for rape; indeed, he had 30 previous convictions for a wide variety of offences. He also observed that the applicant had dispensed with his lawyers and had them reinstated on no fewer than four occasions, two of which had caused delay. A further
|
25 October 2007
|
15. On 19 February 2008 the applicant lodged a constitutional complaint in which she alleged a breach of Article 6 § 1 of the Convention in the above-mentioned proceedings leading to the Supreme Court’s decision of
|
4 December 1997
|
16. Between April 1998 and February 1999, the applicant lodged several complaints with the Leningradsky Court, the Starokyivsky District Court of Kyiv (the “Starokyivsky Court”), the Kyiv City Court, the General Prosecution Service and the Kyiv Department of the Ministry of Justice, complaining about the failure of the Execution Service to enforce the judgment of
|
28 November 2006
|
6. On 1 December 2005 the applicant was arrested and remanded in custody. In 2006 he was convicted of three counts of battery and robbery and received prison sentences ranging from two to four years. On
|
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.