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Between 1990 and 1997
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5. The applicants alleged that in the 1990s the Ministry of Defence operated an Electronic Test Facility (“ETF”) at Capenhurst, Cheshire, which was built to intercept 10,000 simultaneous telephone channels coming from Dublin to London and on to the continent.
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the same day
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12. On 16 January 2004 the Izmir Juvenile Court commenced the trial. The applicant was reminded of the statement made to the investigating judge. He accepted its contents, but added that he did not recall anything about the time when it was taken. An eyewitness heard by the court identified the applicant’s co-accused as the perpetrator. The witness stated that he was living in one of the flats above the shop and that the shopkeeper was his tenant. At 10.30 p.m. on the night of the incident, he heard noises downstairs and went to check. He saw that the window of the shop’s door had been broken, and that the applicant’s collaborator was putting things in bags. He also saw the applicant in the shop. Then, the applicant’s collaborator pulled a gun on him but the witness grabbed it immediately, whereupon the applicant and his accomplice ran away. The applicant was released pending trial
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24 December 2007
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11. On 6 and 24 December 2007 the Moskovskiy District Court of Cheboksary extended the applicant’s pre-trial detention until 27 December 2007 and 27 January 2008 respectively. The court noted that the circumstances underlying the applicant’s detention pending investigation were still pertinent. On 6 January 2008 the Supreme Court upheld the court order of
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more than five years
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35. On 13 May 2004 the Berlin Court of Appeal upheld the decision of the District Court, arguing that S. had suffered from the persistent conflict between his parents about the applicant’s contact rights and from the respective proceedings, which had been pending now for
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2 September 2008
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19. On 2 July 2008 the prison authorities arranged for the applicant’s sputum culture and sensibility to be tested by the National Centre for Tubercular and Lung Diseases. The results of those tests, issued on
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3 April 2013
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21. On 1 March 2013 the Basmannyy District Court granted a new extension of the applicant’s detention, until 10 June 2013. It stressed the complexity of the case, reiterated the grounds given in the previous orders and noted that the circumstances that had justified the detention order had not changed. The applicant asked to be released on bail and presented personal guarantees from a well‑known writer and two directors of prominent NGOs, but the court considered that a milder preventive measure could not be applied. The Moscow City Court upheld the extension order on
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7 November 2008
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14. On 23 September 2009 the District Court extended the applicant’s detention until 24 November 2009. It noted as follows:
“Regard being had to the offences [the applicant] is charged with, the court considers that the investigators have sufficient reasons to believe that [the applicant] who is charged with having committed premeditated crimes of medium gravity and serious crimes, realizes that he might be facing a lengthy prison sentence and might put pressure on witnesses who have been questioned [by the investigator] in order to make them change their testimonies.
The investigator’s argument is supported by the statements made by Sp. which show that on
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five months’
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10. The applicant has a criminal record. Among other things, in February 1998 he was convicted of assault, for which he was given a suspended sentence of twenty days’ imprisonment. In August 1998 he was convicted of making threats against witnesses and possession of a weapon, for which he was given a suspended sentenced of
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23 November 1948
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9. The applicant’s parents owned a two-storey building in Warsaw. By virtue of the 1945 Decree on the Ownership and Use of Land in Warsaw the Warsaw municipality (and after 1950 the State Treasury) became the owner of all plots of land located in Warsaw. The decree provided for a possibility to obtain the perpetual lease of a plot of land on request. On
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the same day
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37. The applicants alleged that on 24 May 2010 a group of boys hit the first applicant’s head against an iron fence in the park and said that they enjoyed it. A medical report in respect of the first applicant drawn up on
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25 February 1993
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8. On 10 January 1996 the Supreme Court (Vrhovno sodišče), in a non-public session, rejected the applicant’s claim concerning the HII’s decision granting the applicant a right to be absent from his work on a part-time basis until
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three months
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11. On 29 July 2006, in accordance with the 1993 CIS Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters (“the Minsk Convention”), the applicant was temporarily extradited to Russia for a period of
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25 October 2005
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78. The applicant appealed further to the Supreme Administrative Court, citing, inter alia, the medical opinion of 30 December 2002 by Dr K.A., the medical opinion of 5 October 2005 by Dr E.P., and those of
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22 April 1998
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30. On 18 November 1997 the court rejected the applicant's request to reopen the proceedings. The applicant lodged an appeal against that decision. On 19 January 1998 the court ordered the applicant to pay a court fee for lodging the appeal. The applicant lodged an appeal against this decision but on
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two years and one month
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20. In separate criminal proceedings, on 25 February 2011 the Vilnius City Second District Court convicted the applicant of engaging in public violence when using firearms under Article 283 § 2 of the Criminal Code. He was given a suspended prison sentence of
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between 19 August 2002 and 21 February 2004
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26. In a statement on 11 June 2002 the applicant repeated his allegations and gave the prosecutor the names of the four friends who had assisted him after he had been shot. In a large number of letters sent
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20 March 2002
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22. Despite having received a letter dated 8 July 1999 from the local police informing her that she had to leave the Netherlands within two weeks, the first applicant remains in the Netherlands. She works from Monday to Friday. Rachael stays with her at the weekend and with her paternal grandparents during the week. This arrangement is confirmed in a letter dated
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between 26 September 1997 and 23 October 1997
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80. The Appellate Court found, however, that from 26 September until the applicant’s release on 23 October 1997 his detention had not been based on any legal ground. The court did not accept the reasoning of the Sofia City Court as regards the deduction of the time spent by the applicant in detention, since that deduction had been made from a suspended sentence and, therefore, the applicant had not benefited from a shorter stay in prison. On that basis the Appellate Court ordered the Prosecutor’s Office, the body in charge of supervising the enforcement of pre-trial detention orders, to pay to the applicant 500 Bulgarian levs (“BGN”) in non-pecuniary damages for his unlawful detention
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the same day
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25. At a hearing on 16 April 2002 the public prosecutor’s office motioned the court to include the second applicant as a civil party to the proceedings in order to be able to examine her mother’s request for child allowance. By an interlocutory judgment delivered
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more than two years
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8. On 20 September 2008 the Migration Board (Migrationsverket) rejected the applications. The Board held that the situation in Iraq as such, or the fact that the applicants were Christians, did not constitute grounds for asylum. It further considered that the blackmailing and kidnapping had had economic grounds rather than religious ones. Even if the family could be seen as a target because of their beliefs, the Board was of the opinion that the incidents were due to the general security situation in Baghdad and not the applicants’ religious affiliation. According to the Board, the other claims – the fear of terrorists and the forced use of the veil – were also connected to the general situation in Baghdad. The Board further pointed out that, at the time of its decision,
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January 1999
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37. Mr K. stated that Mr P. had put him in contact with Mr G., who had asked him at first to intimidate Mr Kl. and Ms Ks. and then to murder them. He had refused to take charge of Mr Kl. but had agreed to intimidate Ms Ks. He later learnt from Mr G. that Mr Kl. had been assaulted by some other persons. On the eve of the planned attack on Ms Ks. he had a talk with Mr G. in his car. During the talk Mr G. went several times to ask for instructions from the applicant, who was waiting in a car parked nearby. He and his friends then exploded a hand-made device in front of Ms Ks.’ flat. As they did not receive the promised monetary consideration Mr K. phoned the applicant in
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17 June 1997
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13. The first applicant was questioned as a suspect on 18 June 1997, the second applicant on 10 July 1997 and the third applicant on 15 August 1997. The applicants had already, before their questioning, drafted written submissions concerning the alleged offences dated as follows: the first applicant on
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3 November 2000
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11. On the same day the applicant was taken to the Sevlievo State Psychiatric Hospital where she was kept for a month for a psychiatric examination. The doctors noted in their opinion that the applicant was suffering from certain, apparently not very serious, disorders. They did not express an opinion on the need for the applicant’s confinement. The applicant was discharged from the hospital on
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the following day
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103. On 28 December 1995 Walton transferred the investment money to NIUIF’s account in the Menatep bank. Mr Klassen, the then director of NIUIF, reported to the State privatisation authority that Walton had fulfilled its obligations under the privatisation contract. On
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8 September 2009
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16. On 22 September 2010 the Regional Court quashed the judgment of 6 May 2010 and dismissed the applicant’s claims. The relevant part of the decision of 22 September 2010 reads as follows:
“When granting the claims of Mr Zakharov Ye. N. [the applicant], the court [the District Court] proceeded from the premise that there existed exceptional circumstances allowing it to recognise him as a member of Ms Brazhnikova’s [B.’s] family in accordance with Article 69 § 1 of the Housing Code.
The Civil Chamber [of the Kaliningrad Regional Court] cannot agree with such a decision.
The court [the District Court] established on the basis of the plaintiff’s and witnesses’ submissions that the plaintiff had lived together with Ms Brazhnikova L.P. [B.] since 1999 and had shared a common household with her.
The above circumstances are not in themselves exceptional, in particular given that no irrefutable evidence had been submitted to the court to prove that Ms Brazhnikova L. P. had let Mr Zakharov live in the flat as a family member rather than as a temporary resident. Throughout the period in which he lived together with Ms Brazhnikova L.P., the plaintiff had been registered as living in house no. 6, Pionerskaya street in the village of Aleksandrovka in the Zelenogradskiy district. He asked to be removed from the register on
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9 September 2008
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8. They further asserted, relying on a statement given by the applicant’s son at the Centre and a report by the Centre’s social worker, that the applicant’s condition had worsened after she had undergone an operation on her head on
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21 June [2004]
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56. On 31 March 2005 the District Court found the applicant and one co-defendant guilty as charged, finding as follows:
“The materials of the pre-trial investigation and judicial inquiry support the finding that the defendant Salikhov is guilty of the offences of [aggravated rape and non-consensual sexual intercourse]. The defendant did not deny that he had engaged in sexual intercourse with K. on
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17 September 1999
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24. On 10 February 1998 the Court of First Instance upheld the bank's request (“the second order”). On 19 February 1998 the applicant appealed against the second order. On 10 April 1998 the Court of Appeal upheld the applicant's appeal and remitted the case for re-examination. On
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Several days later
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13. In the meantime bankruptcy proceedings against the company commenced. On 28 March 2006 the Commercial Court of Moscow imposed a supervision order on the company and appointed an interim receiver.
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a year before
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32. On 18 April 2014 the Budapest Court of Appeal upheld the decision to extend his detention on the basis that there was a risk of his reoffending, absconding and jeopardising the investigation by influencing witnesses (Article 129 § 2 (b) to (d) of the Code of Criminal Procedure). The court held that the impending severe punishment in itself showed that there was a risk of his absconding. Furthermore, the fact that his attempt to influence witnesses dated back to
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26 January 2013
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6. On 12 November 2012, the organisers gave notice to the relevant authority, the Baku City Executive Authority (“the BCEA”), about the demonstration of 17 November 2012. It appears that no prior notice was given to the BCEA by the organisers of the demonstration of
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7 June 2001
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11. That judgment was upheld in a judgment of 12 April 2001 by the Veliko Tarnovo Court of Appeal (Апелативен съд) on an appeal by the applicant, and was subsequently transmitted to the Ruse Municipal Council on
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3 October 2000
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6. On 29 September 2000 the Levoberezhny District Court of Voronezh granted her claims and awarded her the arrears in the amount of 2,218.76 roubles (RUR). The judgment was not appealed against and became final on
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8 April 2000
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54. As to the forensic reports, it appears that none were drawn up, and on 21 July 2003 they were again ordered by the investigator in charge of the case. The experts were asked to resolve questions related to the cause and date of the victims' deaths on the basis of the site reports drawn on
|
2 July 2002
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13. According to the doctors at the clinic where Ms S.D. was treated, her mental condition was related to her participation in the programmes of the association, which was referred to in the medical record of
|
the next day
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14. The applicant, who was assisted by two lawyers of his choice and did not contest the charges brought against him, raised numerous complaints before the court regarding procedural irregularities during the investigation. He stated, among other things, that after the search on the evening of 18 April 2008, he had been detained by the police from 10 p.m. until
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26 April 1999
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11. On 13 April 1999, the Deputy General Prosecutor of Ukraine, following the complaint of the defendant, lodged a request for supervisory review (protest) of the applicant’s case with the Presidium of the Kyiv Court. On
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1 March 1998
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33. On 3 November 2004 the Economic Court of Appeal held a hearing in the reopened proceedings. In contrast with the first round of proceedings, Moldtranselectro sided this time with the Ministry of Finance and argued that Oferta Plus's action should be dismissed because it (Moldtranselectro) had already covered the entire debt for the electricity supplied, including MDL 20,000,000 provided in the Treasury bond, by paying Oferta Plus MDL 189,869,272 on an unspecified date.
The court upheld the applicant company's action and ordered the Ministry of Finance to pay it MDL 20,000,000 in accordance with the Treasury bond. It based its judgment on the fact that the supply of the electricity and the cost of the energy supplied were not disputed by the parties. Referring to the electricity supplied to state institutions, it found that by
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three years
|
7. The applicant arrived in the Netherlands in November 2004. He never obtained legal residence. On 21 July 2006 the Minister for Immigration and Integration (Minister voor Vreemdelingenzaken en Integratie) decided to impose an exclusion order (ongewenstverklaring) on the applicant pursuant to the provisions of the Aliens Act 2000 (Vreemdelingenwet 2000) as he had been convicted of a serious criminal offence and sentenced to imprisonment for
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30 – 32 years of age
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23. On 22 September 2000 Mr Grigolashvili was questioned by the investigator. During the questioning he showed the police the place where he had been taken in the morning of 8 August 2000. It happened to be one of the office buildings belonging to the firms owned by the applicant. Mr Grigolashvili told the police that in that building he had been questioned by several persons in connection with the disappearance of the applicant’s father. Mr Grigolashvili had described one of those persons as a Georgian of
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19 April 2005
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14. On 6 May 2005 the applicant was placed in Kharkiv Pre-Trial Detention Centre no. 27 (“the SIZO”). It was noted in his medical file that on 25 February 2004 he had suffered an eye injury and that on
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12 May 2010
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29. On 10 September 2010 the Karlsruhe Court of Appeal declared the applicant's preventive detention terminated and ordered his supervision of conduct. The Court of Appeal, referring to a leading decision of the Federal Court of Justice of
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27 January 2005
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15. On 20 July 2004 the Sevastopol Court of Appeal upheld the applicant’s conviction, having amended the judgment of the District Court as regards the medical treatment of the applicant and his civil liability. On
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4 June 1993
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11. The court drew on the expert valuation to conclude that the land could be classified as agricultural land and that its market value on the date the occupation had become unlawful corresponded to EUR 773.88. However, in contrast with the expert’s finding, the court reiterated that the occupation had become unlawful as of
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18 September 2002
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14. On 20 September and on 23 December 2002 the applicant applied to the St Petersburg City Court asking to be released on the grounds that his detention had ceased to be lawful after the expiration on
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28 February 2008
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30. On 16 June 2008 the Centre appointed D.P.D. as the first applicant’s guardian. On the same day the Centre asked the I. Municipal Court to institute proceedings with a view to having the first applicant divested of her legal capacity. The relevant part of the Centre’s submission reads:
“Owing to a brain stroke and brain atrophy the respondent has suffered psycho-organic changes, is incapable of independent life and entirely dependent on the help and care of others. In view of the above, this Centre recognised her right to care outside her family and she was accommodated in the Caritas Home for elderly and dependent persons ... in I. The level of the respondent’s social and intellectual functioning is significantly reduced; no communication is possible, she is disoriented and suffers from dementia. In order to protect her [person], her rights and interests it appears reasonable to give her protection through the institution of guardianship.
In view of the above, the Centre considers that the respondent is incapable of caring for her own needs, rights and interests and that the conditions for divesting her entirely of her legal capacity under section 159 of the Family Act have been met.” Z.J.’s opinion of
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eighty-seven days
|
7. On 27 June 2014 the Šiauliai Regional Administrative Court held that for 135 days the applicant had been housed in cell no. 53, and the personal space available to him had varied between 1.87 and 3.12 sq. m. This had been a clear violation of domestic norms. For
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22 December 2008
|
23. However, in January 2009, the applicants lodged an application with the Migration Board to stay the enforcement of the deportation order and to reconsider their case due to new circumstances. They maintained their previous claims and submitted a copy of a document in Arabic that they claimed was a copy of a summons, dated
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the same day
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20. By a judgment of 6 October 2010 the Court of Appeal (in its inferior jurisdiction) rejected the appeal and confirmed the first‑instance judgment. It considered it appropriate to analyse and mention all the relevant evidence that had not been referred to by the first‑instance court:
- M.F., as plaintiff and now respondent, submitted that the reader had been induced to believe that he had persuaded the police to harm someone, when all he had done was to file a report requesting that the anonymous letters and emails he had received be investigated.
- The court also referred to the statements made by the CoP (see above).
- The applicant (appellant before the Court of Appeal) explained that in his view the email received by M.F. had been innocuous and that M.F. had thus reacted disproportionality. According to the applicant, from the speech delivered by M.F. publicly (at the Labour Centre in Rabat), it transpired that there was a certain familiarity between him and the CoP; indeed if that had not been so M.F. would have reported the incident at a police station like an ordinary citizen, and not with the CoP. In his view it was natural to question whether M.F. had used the CoP in connection with the internal affairs of the party. Even when cross-examined, he reiterated that influence had been exerted by M.F. on the CoP.
- The editor testified that in his opinion the speech delivered by the deputy leader of the MLP indicated that the latter had put pressure on the CoP to investigate the matter when he had met up with him to discuss the emails and the anonymous letters.
- In reply to a question, while being cross-examined, as to whether M.F. had put pressure on the CoP, K.S.N. replied that he was aware that a report had been filed concerning the email and that on
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25 March 1994
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28. The Court of Appeal rejected the applicant's argument that the evidence in his case had been unlawfully obtained. As regards the inquiry by the Fort-team, the Court of Appeal noted that the tasks of the National Police Internal Investigation Department included carrying out inquiries into the manner in which police officers used their statutory powers, and that, in accordance with section 19 § 3 of the 1993 Police Act (Politiewet) in conjunction with section 2 of the Order on the functions of special-duty police officers (Taakbeschikking bijzondere ambtenaren van politie) of
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fifteen days
|
10. On 30 July 1997 the applicant was examined by a doctor at the İzmir Forensic Medical Institute who noted sensitivity and light reddish and purplish ecchymosis on the soles of his feet. The doctor concluded that the applicant had sustained soft tissue trauma. He considered that the injuries, which would heal in
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29 January 2002
|
13. At the hearing of 29 November 2001 the applicant's lawyer found that the participation of witnesses O.U., T.N., R.L. and K.E. was necessary. She noted that she had made a request to the effect that the forensic expert be called to the hearing. The court heard the applicant, M.K. and U.T. In addition, the court disclosed the written records of statements made by witnesses K.K. and R.L. during the preliminary investigation, the record concerning the interrogation of M.K., the report concerning the confrontation of the applicant and K.K. and the report on the comparison of K.K.'s statements with the circumstances. The County Court granted the request to call witnesses O.U., T.N. and R.L. and ordered that an additional opinion from the forensic expert be obtained. The expert submitted an additional opinion on
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25 June 2012
|
19. In a judgment of 22 August 2012 the Court of Appeal ordered an institutional therapeutic measure, in accordance with Article 65 § 1 of the Criminal Code, at the same time suspending the execution of the part of the sentence remaining to be served (“Der Restvollzug ... wird aufgeschoben ...”). Before giving judgment, the Court of Appeal had requested information from Professor A.E. In her reply dated
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24 August 2003
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15. This interview was illustrated by five photographs of the Prince with the child and three of the Prince with Ms Coste. In particular, a double-page spread (pages 50 and 51) consisted in a photograph of the Prince holding the child in his arms, headlined “Alexandre ‘is Albert’s son’ says his mother”, followed by this text:
“A little boy who knows how to say only two words: daddy and mummy. A little boy who does not seem troubled by the huge gulf between the two cultures from which he comes. His name is Alexandre, a conqueror’s name, an emperor’s name. He was born in Paris on
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12 January 1976
|
9. In the meantime, the Law of 20 March 1950 on the Local State Administration entered into force on 13 April 1950, according to which the ownership of all property previously held by the local government was transferred to the State. By virtue of certain decisions of
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3 September 1999
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7. On 1 September 1999 a new criminal investigation was opened into alleged cheating (Article 274 § 1 of the Criminal Code, as applicable at the material time). The applicant was questioned as a suspect on
|
up to twelve years
|
14. On 14 January 2011 the District Court extended the applicant’s detention until 20 March 2011. The District Court held as follows:
“The court takes into account that Mr A.N. Shevchenko is charged with particularly serious criminal offences ... punishable exclusively by deprivation of liberty for
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from 30 September until 18 November 2005
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100. The applicant was detained in this prison (in his hometown) during the following periods: (1) from 18 March until 24 April 2002; (2) from 22 May until 11 September 2002; (3) from 9 October 2002 until 11 February 2003; (4)
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6 April 2011
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20. The applicant’s request for a judicial review of the investigator’s decision was unsuccessful. His complaint was rejected by the District Court on 11 February 2011 at first instance and on appeal by the Regional Court on
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1 and 4 July
|
73. According to the official account of the events, on 1 July 2011 the applicant was stopped by police on the street in Nizhniy Novgorod while carrying a hand grenade in the pocket of his jeans. According to the applicant, the grenade had been planted on him by the police. Criminal proceedings were brought against him on suspicion of the illegal procurement, storage and possession of arms. On
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19 May 2009
|
9. On 24 December 2008, following a request from the Bayonne Public Prosecutor’s Office, the applicant was ordered by the police to give a DNA sample, on the basis of Articles 706-55 and 706-56 of the Code of Criminal Procedure (CPP). He was brought before the Criminal Court on
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five and a half years’
|
29. In a judgment of 4 July 2007 the Plovdiv Regional Court overturned the first-instance judgment and found both applicants guilty of having abducted S.D., held her captive, issued death threats against her and raped her. Mr Dimitrov was sentenced to six years’ imprisonment and Mr Momin to
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14 or 15 October 2005
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33. On 16 May 2007 the prosecutors rejected the complaints as unsubstantiated, finding that there was no evidence that the first applicant’s bruises had been inflicted by police officers. The prosecutors’ decision was principally based on the statements of the police officers who had taken part in the first applicant’s arrest and those who had been in contact with him afterwards. Those police officers stated that the first applicant had not been subjected to “physical or psychological coercion” and that he had not raised any complaints in that regard on
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13 January 2004
|
12. Mr Sefa Taşkın, born in 1950, was formerly the mayor of Bergama. He now lives in Dikili, ten kilometres away from the Ovacık gold mine.
Mr Tahsin Sezer, born in 1952, lives with his family in the village of Çamköy, which is 300 metres from the mine. He is a farmer and owns land in the surrounding area.
Mr Ali Karacaoğlu, born in 1950, lives with his family in the village of Çamköy. He owns land adjacent to the mine, on which he grows tobacco and olive trees.
Mrs Günseli Karacaoğlu, born in 1976, is the wife of the muhtar (elected local official) of the village of Çamköy. She is a livestock farmer.
Mr Muhterem Doğrul, born in 1949, lives in Çamköy. He is a livestock farmer. He and his family own an olive grove adjacent to the mine.
Mr İbrahim Dağ, born in 1951, lives in Çamköy. He is a livestock farmer and owns agricultural land near the mine, on some of which olive trees have been planted.
Mr Ali Duran, born in 1976, lives with his family in Çamköy. He is a livestock farmer.
Mr Sezer Umaç, born in 1978, used to live in the village of Süleymanlı, which is 900 metres from the mine. He asserts that he left the village recently on account of damage to the environment.
Mrs Ayşe Öçkan is the widow of Mr İzzet Öçkan, who died on
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22 June 2010
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20. On 2 March 2010 the Narimanov District Court issued an order for an expert evaluation. The applicant challenged this order, relying on various grounds. After a series of appeals, the order was quashed pursuant to a Supreme Court decision of
|
17 May 2005
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7. The enforcement proceedings were then pending before the Bratislava III District Court. On 14 April 2005 they were discontinued on the ground that the defendant company had been dissolved and wound up. The decision became final on
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15 April 2004
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14. On 17 August 2004 the president of the Frankfurt am Main police dismissed the applicant’s complaint. He found that the applicant’s complaint was inadmissible. The applicant’s detention constituted an administrative act which had become devoid of purpose by the lapse of time, as he had been released prior to lodging his complaint. Likewise, the seizure of his mobile phone had become devoid of purpose as the phone had been returned to him on
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24 January 1997
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10. On 22 December 1996 the applicant was summoned to the Department for the Fight against Organised Crime in Crivoi Rog, Ukraine, and asked to give an explanation for his refusal to send the diesel fuel. On
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6 January 1999
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24. On 21 May 1999 the court bailiff noted that the flat in question was occupied by T.'s family. Accordingly, he lodged a request with the Melitopol City Court for an interpretation of the judgment of
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27 November 2006
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10. After the Municipal Court established that the inheritance proceedings after the respondent who had died had ended with a final decision on 24 February 2006, the court invited his son to take over the proceedings and on
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12 March 2007
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15. The hearing, concerning not only the applicant but also other individuals whose cases had been joined to his, was initially set down for 8 May 2006 and was then adjourned until 30 October 2006 and subsequently
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19 August 2003
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27. On 13 November 2003 an expert examined the applicant and his administrative detention report and drew up report no. 352 in addition to report no. 407. The background to the report was described as follows:
“On
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Between 6 and 20 March 2009
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18. The applicant’s medical history, submitted by the Government, shows that on 5 March 2009 he refused to submit to blood glucose level testing and to take an evening dose of prescribed medicines, including insulin, arguing that his treatment was inadequate.
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6 April 2004
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58. In the course of the additional inquiry, the Prosecutors’ Office questioned the officers who had called the ambulance for the applicant on 20 March 2004, who could not recall any details; the members of the voluntary citizens’ guard, who confirmed having arrested the applicant at 4 p.m.; the ambulance doctor, who stated that she had not examined the applicant’s body on account of injuries; and the medical expert, who confirmed the findings of his assessment of
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30 July 1991
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11. On 19 May 1991 the applicants' father died. According to his will, dated 18 May 1988, the plot described under paragraph 8 (a) above was to be inherited by the first applicant and the other plots were to be inherited by the four applicants in equal shares. On
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12 November 2003
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22. On 12 November 2003 representatives of the Ombudsman visited the applicant in TUM-4 and took photographs of his injuries. The applicant provided the Court with seven colour photographs, which, according to him, are those taken by the Ombudsman’s representatives. From these photographs, the following injuries can be seen on his body: a large bruise on the inner part of his left thigh, a considerable number of bruises on the upper parts of both buttocks, several sores and bruises on the front of both ankles, and sores on the bridge of his nose. The date printed on the photographs is
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20 April 1993
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12. The agricultural association and some of its members lodged a complaint with the Constitutional Court (Verfassungsgerichtshof). On 12 October 1992 the Constitutional Court declined to deal with the complaint, and transferred it to the Administrative Court (Verwaltungsgerichtshof) which dismissed it on
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February 1993
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19. The investigation report which was issued at the end of the disciplinary investigation on 3 April 2006 found the allegations of harassment against the applicant to be well-founded and recommended the dismissal of the applicant from the civil service on the grounds that his conduct constituted “shameful and disgraceful conduct incompatible with the civil service” as provided under section 125 § E (g) of Law no. 657. In coming to this conclusion, the inspectors noted the following:
“...The eyewitness, E.U., reported having seen the applicant in a position which made her suspect that he had been in the course of sexually harassing the student, [X.] She explained that the following facts ‒ in particular, the room being dark as a result of the lights having been turned off, the applicant sitting at the desk right next to the door with his legs open with the minor on his lap and the desk in front having been pushed further away, coupled with the fact that he had been caressing the body of the minor and holding her tight around her waist ‒ had led her to conclude that [the applicant] had been attempting to harass her. [She stated that] what she witnessed did not look like a regular display of affection and when she had entered the room, he had thrown the child off him in panic. In his statement, [the applicant] stated that the minor had attempted to hug him while he was cleaning the floor and that, as a result of that gesture he had lost his balance and the minor had sat on his lap. He added that when E.U. entered the room, he was trying to get the minor off him. [The applicant’s] statement that he had fallen onto a desk with the minor as a result of the latter trying to hug him corroborates E.U.’s version of the events. However, the part about him having lost his balance as a result of the minor’s attempt to hug him would be quite unusual given the physical attributes of the minor in question. Moreover, the consistent statements of E.U., taken under oath, who as a mother and an educator seems to have suffered a great deal of emotional distress from these events, give the impression that the allegations against the applicant are well-founded.
[...]
The event has shocked and distressed the town community as well as the school... The severity of this event is further exacerbated by the fact that the student in question is a mentally disabled child, ... unable to express or defend herself...This is a disgraceful thing for a civil servant. [The event] has also given rise to a criminal investigation instigated by the Espiye Public Prosecutor’s office where [the applicant], is accused of sexually abusing a minor who was born on [...]
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13 November 2001
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16. On an unspecified date the Kuybyshevskiy District Court listed an appeal hearing for 13 November 2001 and sent the case-file to the city court. It appears that the district court had not determined certain issues concerning court fees by
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15 October 2008
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14. On the same day, the Constitutional Court, sitting in a plenary session composed of ten judges (including judges M.J. and D.Š.), ordered an interim measure postponing the effects of the Administrative Court’s judgment of
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6 October 1997
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50. Finally, the court dismissed in the following terms the applicant’s argument that he could not be held liable for disclosure of State secrets because there had been no list of classified information prior to the amendment of the State Secrets Act of
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23 November 1990
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9. On 28 September 1992 the court asked an administrative authority to inform it about expropriation proceedings concerning one of the plots of land. On 30 November 1992 the administrative authority submitted a decision indicating that the appeal of the applicant and of his wife against the expropriation decision had been dismissed on
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8 April 1981
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43. The Constitutional Court then engaged in its own balancing of the competing fundamental rights:
“Having dealt with the balancing of the rights at stake in the impugned judgment, this Court must now assess, above and beyond the reasoning of that judgment, the conclusions reached by it after weighing up the conflicting fundamental rights. In doing so the Court must consider not just the rights contemplated in that judgment, but also the right to freedom of thought and religion, an issue which it submitted, of its own motion, for the consideration of the parties...
The actions and opinions which resulted in the appellant in the present case not being proposed by the Diocese as a teacher of Catholic religion and ethics were his public disclosure, firstly, of his situation as a priest who was married and the father of five children and, secondly, of his membership of the Movement for Optional Celibacy (as made clear by the judgments of the courts below and expressly conceded by the amparo appellant himself). It is clear that, from the State’s (secular) perspective, these actions and opinions must be considered in terms of a possible infringement of the right to freedom of thought and religion (Article 16 § 1 of the Constitution) in conjunction with the right to freedom of expression (Article 20 § 1 (a) of the Constitution), relied on in the application for amparo relief.
In order to resolve this issue it must be borne in mind that no rights, not even fundamental rights, are absolute or unlimited. In some instances the provision of the Constitution recognising a right expressly limits that right; in other cases, the limitation stems from the need to preserve other constitutional rights or values which warrant protection. In that connection this Court has repeatedly held that the fundamental rights recognised by the Constitution can yield only to the limitations expressly laid down by the Constitution itself or those which can be indirectly inferred from the Constitution as being justified in order to preserve other rights or values protected by the law. In any case, the limitations imposed may not impede the exercise of the fundamental right in question to an unreasonable degree (see Constitutional Court judgments no. 11/1981 of
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29 April 2003
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41. On 24 March 2005 the Constitutional Court delivered its decision. It observed that the applicant’s situation was an exceptional one, in that he was not required to properly exhaust remedies in respect of the Kranj District Court’s decision. In its view, the applicant, who was detained at the time, could not have been expected to challenge the impugned decision by means of a standard appeal as he had stated that he could not understand the language in which the decision had been written. The Constitutional Court went on to examine the complaint on the merits, finding in favour of the applicant. It noted that the law afforded special protection to a defendant’s right to use his or her own language and script after detention. The person’s own language would in principle be his or her mother tongue but, if the person had a command of another language, the use of the latter could suffice for oral communication in the proceedings. However, the Constitutional Court rejected the District Court’s view that a defendant who was in custody and who had used a certain language in oral proceedings should also submit written submissions in that language, finding that written communication required a higher level of language proficiency. The Constitutional Court noted that the applicant had been assisted by a Russian interpreter in the first-instance proceedings, which had mainly involved oral communication. After an appeal, proceedings were typically in writing and the accused no longer benefited from the assistance of court-appointed counsel. The Constitutional Court therefore found that the applicant, who had explained in his submissions to the Supreme Court that he could not write in Russian, should be allowed to submit them in his own language. It therefore concluded that the court below had violated the applicant’s right to use his own language in the proceedings, as explicitly provided for by section 8 of the Criminal Procedure Act and as guaranteed by Article 62 of the Constitution. It annulled the Kranj District Court’s decision of
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1995 until August 2002
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9. Having been granted a residence permit in November 1994, on 11 February 1995 the applicant, who at the relevant time was seven years old, her mother and three siblings joined them. A few years later, the applicant’s parents divorced. The parents maintained joint custody of the applicant, who lived with her mother. From
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the previous day
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68. On 16 September 2008 the police conducted a search of the flat of the fourth applicant. They discovered and seized some documents which were deemed to be related to the criminal investigation in respect of the first applicant. According to the first and fourth applicants, those documents had been brought there by the police themselves
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7 June 2007
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26. The date on which the applicant was served with a copy of the appeal decision of 8 December 2006 is at dispute between the parties. According to the Government, the applicant was served with it on
|
17 May 2002
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20. Between March and September 2002, the trial court listed 10 hearings. The applicant and his lawyer were present at all the hearings. During this period the applicant on several occasions refused to participate in the trial, on two occasions he challenged the composition of the court. He also requested the court to appoint him a new legal aid counsel and applied for his case to be assigned to a separate set of proceedings. All his motions were dismissed.
In the meantime, the hearing scheduled for
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between 10 and 14 August 2001
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80. On 10 August 2001 the applicant applied to the medical unit of facility IK-5 and complained about the pain in his eyes. He was diagnosed as having glaucoma of both eyes and was prescribed a course of treatment. The applicant was also relieved from work assignments
|
the same day
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46. On 4 May 1995 the three suspects were questioned at the Chief Public Prosecutor's office attached to the Diyarbakır State Security Court. They all denied that they had been involved in the Hizbullah or its illegal activities. They claimed that their statements dated 3 May 1995 had been obtained under duress. On
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15 September 2011
|
18. Between 25 February 2010 and 15 September 2011 various appellate courts substantively ruled in compliance with the Supreme Court’s opinions of 2003 and 2004 (see, for example, the decisions of the High Court in Kraljevo, Gž. 1476/11 of
|
26 November 2007
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39. The Government denied that the flooding incident had taken place. In their memorandum of 27 February 2006 they did not accept the number of inmates or the cell measurements quoted by the applicant. According to them, the cell measured 15 sq. m and housed, on average, four inmates. Each of them had an individual bed. According to the certificate signed by officer K. on
|
27 June 1986
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76. In the Case Concerning the Application of the Convention on the Prevention and Punishment of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro), judgment of 26 February 2007, the ICJ held, on the question of State responsibility:
“391. The first issue raised by this argument is whether it is possible in principle to attribute to a State conduct of persons - or groups of persons - who, while they do not have the legal status of State organs, in fact act under such strict control by the State that they must be treated as its organs for purposes of the necessary attribution leading to the State’s responsibility for an internationally wrongful act. The Court has in fact already addressed this question, and given an answer to it in principle, in its Judgment of
|
16 July 1991
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27. In a separate decision delivered on 6 November 1997 the Prešov District Court dismissed the applicant’s request for enforcement of the Košice Regional Arbitration Court’s decision of 16 July 1991. In particular, the District Court’s decision stated:
“...a decision relating to a declaration of intent may be relied on by the person at whose request it is made and is given effect to as a document reflecting a legal act, in accordance with the legal rules in force. The decision is submitted to the competent legal authority, where necessary, with a view to registering or making public the intent of the person against whom the proceedings have been brought. Such a decision may not be the subject either of judicial enforcement or of execution by an execution officer.
The Košice Arbitration Court’s decision of
|
between 1991 and 2001
|
26. The total number of Moldovans who have obtained Romanian citizenship since 1991 is unknown as the Romanian government have never made this information public. However, it has been estimated that between 95,000 and 300,000 Moldovans obtained Romanian nationality
|
17 May 2001
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15. On 15 and 16 May 2001 officials from the Commissariat telephoned the applicant’s mother, demanding to know his whereabouts. They threatened to take him into the military by force if he did not come voluntarily. On
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3 April 2007
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9. In the course of further investigation using secret surveillance, several meetings were recorded in which M.M., assisted by a consultant, J.K., discussed with a lawyer, A.Pi., the measures that needed to be taken in order to carry out a business project in the Zadar region. On that occasion A.Pi. mentioned the applicant as her contact in the Fund. She also stated that everybody should make out well in this business undertaking. J.K. also explained that he knew the applicant from before and that very soon they would have a meeting concerning the investment at issue.
10. On
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between 18 February and 3 March 1998
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39. The applicant underwent a medical examination on 11 March 1998 at the Forensic Medical Examination Bureau of the Zhytomyr Regional Council's Department of Health Protection (“the Zhytomyr Forensic Bureau”). The expert opinion that assessed the applicant's health
|
the next day
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11. On the evening of 30 August 1999 the applicant was arrested when trying to leave Romania at the Ostrov border checkpoint and taken to the Constanţa Police headquarters. According to the indictment, he was:
“invited to give explanations to the criminal investigation authorities concerning the documents found at Vama Veche checkpoint; it had been already established at that time that he was the person who had facilitated the illegal transportation of the documents belonging to P.”
At 8 a.m. on
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The next day
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48. During the evening of 8 December 1993, the interrogators tried to make him sign a statement they had prepared without allowing him to read it first. As he refused, he was beaten. On 9 December 1993 he was again told to sign the statement and, when he refused, he and Tahir Elçi were taken to the toilet, stripped naked and tortured with cold pressurised water. When he could not take any more, the applicant began hitting his head against the wall. He was then taken out, dressed and placed with his friends.
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