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25 June 1999
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34. On 7 April 1999 the Regional Court gave judgment and dismissed the applicant's claims. On 24 May 1999 the Regional Court rejected her appeal against this decision as she had failed to comply with certain formal requirements. The Rzeszów Court of Appeal upheld this decision on
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22 December 2009
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25. On 24 February 2010 the Administrative Court discontinued the proceedings concerning the applicant company’s application filed against the Federal Procurement Authority’s failure to decide as the latter had issued its decision on
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the 5th of September 2001
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21. Dr Giorgos Miliotis, a private practitioner, issued on 8 September 2008 a report entitled “Medical History of Georgia Andreou”. This document reads as follows:
“Based on my personal memories, she reported nephrectomy on her right side and colectomy after a medical wound from an automatic rifle in 1996. She is a mother of two children. She did not smoke and did not drink. She visited me for the first time on
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25 December 2008
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29. On 2 June 2006 and 24 February 2009 respectively, in accordance with Article 24 § 1 (1) of the CCrP, officials at the Sovetskiy prosecutor’s office and Moskovskiy inter-district investigation unit of the investigative committee for Ryazan issued refusals to initiate criminal proceedings against the police officers as none of the elements of crimes under Articles 285 and 286 of the Criminal Code (abuse of powers) were present in respect of their actions. On
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29 April 2001
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111. A decision of 6 July 2001 ordered that criminal proceedings be suspended owing to the failure to establish the alleged perpetrators and that the case file be transferred to the military prosecutor’s office. The decision was similar to that of
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25 May 1992
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21. Following the remittal of the case by the Supreme Administrative Court, the subsequent proceedings concerning the unlawfully built outhouse were conducted by the District Building Inspector. On 12 February 2006 he ordered the Józefów Municipal Office to provide information as to whether the decision of
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between February 2002 and end of January 2004
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7. On 10 February 2004 the first applicant sued the State for damages in the amount of CZK 229,563 (EUR 8,378) corresponding to the difference between the regulated rent and the usual rent in the given area as estimated by the first applicant for the period
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12 January 2001
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42. As to whether there was blameworthy delay, Kearns J. hesitated on the same period of delay (noted by Fennelly J.) in approving the High Court judgment but he did not consider that “blameworthy” given the absence of evidence that it deviated from the norm. Accordingly, even given the passage of time since the original alleged offence and a consequent “heightened degree of urgency in advancing this prosecution”, it was not considered that the applicant had established blameworthy prosecutorial or systemic delay. Even assuming he had, Kearns J. was satisfied that there was no demonstrated prejudice to the applicant or impairment of his other rights including the constitutional right to a trial in due course of law. As regards the motion struck out on
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6 July 2001
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24. In June and July 2001 the applicant sent several complaints to the local prosecutor, to the police and other institutions seeking assistance and police protection for her daughter. The police replied that the case did not fall within the scope of the regulations on police protection of children as there was no indication that the child had disappeared or was in danger. On
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14 July 2013
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10. On 23 April 2013 the applicant was informed that he had not obtained a tobacco retail concession. The decision contained no reasons or any indication of the applicant’s score on the 120-point tender adjudication score-sheet, and it was not subject to any legal remedy.
The enterprise run by the applicant’s family was obliged to terminate the sale of tobacco products by the statutory deadline, that is,
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24 August 2004
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16. On 23 July 2004 the Administrative Court partly quashed the Independent Administrative Panel’s decision. It
(a) upheld the conviction as regards speeding but quashed the sentence relating to this offence;
(b) quashed the conviction and sentence as to the unjustified use of broad-beam lamps; and
(c) refused to deal with the complaint relating to the conviction for breaching the requirement to drive in the right-hand lane pursuant to section 33a of the Administrative Court Act.
In respect of the first two offences the Administrative Court remitted the case to the Independent Administrative Panel, holding that the latter was obliged to hold a hearing, since none of the exceptions set out in section 51e of the Administrative Offences Act (Verwaltungsstrafgesetz), which regulates the question of oral hearings, had been present. The Administrative Court’s judgment was served on the applicant’s counsel on
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sixty‑five years old
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13. On 16 June 1998 Division IV of the Executive Committee of the Chamber of Lawyers (Ausschuß der Rechtsanwaltskammer) dismissed the applicant's application. It found that, under the relevant provisions of the Statute of the Chamber of Lawyers Pension Fund, an old-age pension is granted to a lawyer when he or she reaches the retirement age, that is,
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1 January 1998
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24. Article 217 of the Code of Criminal Procedure provides as follows:
“The following shall be excused the obligation to give evidence or answer certain questions:
1º: the relatives in the ascending or the descending line of a suspect or co-suspect, whether connected by blood or by marriage;
2º: the relatives ex transverso [i.e. siblings, uncles, aunts, nieces and nephews, etc.] of a suspect or co-suspect, whether connected by blood or by marriage, up to and including the third degree of kinship;
3º: the spouse or former spouse, or registered partner or former registered partner, of a suspect or co-suspect.”
The third sub-paragraph formerly applied only to the spouse and the former spouse of a suspect or co-suspect. It was amended to extend the testimonial privilege to the registered partner (or former registered partner) with effect from
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three weeks
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37. The Supreme Court further noted that the applicant still had ties to Lebanon, where his mother and sister lived and where the applicant had lived until he entered Denmark at the age of 23. He also had ties to Syria, where a sister and her family lived, and where the applicant had stayed for
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the afternoon of 13 January 2004
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32. On 27 February 2004 the investigators questioned Mr Muslim Saydulkhanov’s supervisor, Mr R.N., who stated, among other things, that about a week prior to Mr Saydulkhanov’s disappearance five or six men in camouflage uniforms had arrived at the Pension Fund in a light UAZ minivan. They had checked officer V.D.’s identity documents introducing themselves as belonging to “Djamaat “and acting under the command of Yamadayev. According to the witness, they could have been from the first military regiment stationed in the village of Oktyabrskaya. Then, the witness and his colleagues had understood that the men had been looking for Mr Muslim Saydulkhanov. In
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26 February 2002
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12. The legal-aid lawyer, the same lawyer who had represented the applicant during the proceedings, was served with the written grounds for the judgment on 5 February 2002. By an undated letter which was served on the applicant on
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25 January 1993
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10. By a letter of 4 December 1992 the County Administrative Board of Mikkeli stated that, according to its knowledge, the applicants owned land within a nesting area of the species. The Board recommended that the area be protected in either of the following ways:
“1. If the applicants of their own motion were to request permanent conservation of the area, they would receive compensation in the form of a taxfree lump sum fixed according to the current value of the loss of economic income resulting from the conservation (i.e. the restricted use of the area). The area would remain in their possession and the property tax would be alleviated to reflect the lost yield. 3. The applicants' area could also be exchanged for a state-owned area of the same value.”
The applicants objected to the planned inclusion of their property in the conservation plan, stating that no white-backed woodpecker or nest of that species had ever been spotted on their land.
On
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2 December 2002
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30. The gardeners subsequently paid the purchase price for the 2.5711 hectares of the applicant's land to the Slovakian Land Fund. On 1 October 2002 the applicant association received 1.4097 hectares of different land in compensation. On
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25 January 2012
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31. The Coroner announced that he would refer the matter to the Director of Public Prosecutions (“DPP”) and ensured the production, from public funds, of a transcript of the inquest proceedings. Having waited until the new DPP was established in his post, on
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11 June 2010
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53. The Supreme Court then examined the substance of the applications. It noted that the EU Returns Directive had direct effect in the domestic law, as the period for transposition had expired and the Directive had not been transposed. It could therefore be relied on in the proceedings. However, it went on to hold that the six-month period provided for in the Directive had not yet started to run. The applicants had been arrested on
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the early 1990s
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17. The applicants are owners or co-owners of residential buildings in Bratislava and Trnava to which the rent-control scheme applies, or has applied, (further details are set out in Appendix 2). They obtained the ownership of the flats by various means, such as restitution, donation or inheritance from their relatives to whom the flats had been restored in
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12 October 2006
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21. On 4 September 2006 the District Court referred the case to the prosecutor for rectification of the bill of indictment. The court further held that the preventive measure should remain unchanged. On
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1 August 2005
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17. On 10 June 2005 the regional court sitting on appeal found that the first-instance court should have excluded testimonies given without counsel, quashed the judgment of 7 April 2005 and ordered a re-trial. The regional court also held without any reasons being given that the applicant should remain in custody, and extended the applicant’s detention until
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25 October 2000
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23. The Government stated that the applicant had been informed in a timely manner about the termination of his case and, through his administrative complaint, he had contested the investigator’s ruling of
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25 May 2006
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29. On an unidentified date the applicant instituted proceedings in the Solomyanskyy District Court of Kyiv complaining of unlawful detention on 8 July 2002. On 11 May 2006 the court rejected the applicant’s complaint. On
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17 February 2005
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74. On 24 January 2005 the applicant was transferred to Fleury-Mérogis Prison and on 24 November 2005 to La Santé Prison. In both institutions he was kept in solitary confinement with the measure being periodically renewed, including on
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30 July 2014
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31. On 27 October 2014 the prosecutor refused to lodge an appeal. He gave reasons for his decision, indicating only that the statutory conditions for an appeal on points of law were not met. As a result of this decision, the part of the
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twenty-nine years
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57. On 19 and 20 February 2010 the applicant was again questioned. She submitted that on 17 February 2009 her daughter had shown her a photo of Mr Apti Zaynalov that she had printed off from an Internet page together with the accompanying text. The text alleged that officers of the Ministry of the Interior of the Chechen Republic had apprehended a resident of Ingushetia aged
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17 December 2009
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21. On 17 August 2007 the applicant’s wife asked the Īle Centre not to allow the applicant to meet a certain Mr Petrovs, since after his visits the applicant’s state of health allegedly worsened. On
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19 February 2001
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10. According to the applicant, after his arrest he asked to be represented by Mr K., an advocate at the local bar association. It appears that the investigator decided that K. could not represent the applicant, given a potential conflict of interest arising from the fact that at the time K. already represented a Mr P. According to the applicant, however, P. retained K. as counsel not earlier than on
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14 February 2001
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26. On the same day the prosecutor’s office refused again to institute criminal proceedings into the alleged ill-treatment, referring to the statements of S.A. and M.A. and to the fact that the expert had been unable to establish any injuries in the report of
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14 July 2010
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44. The applicants alleged that on 13 July 2010 at 9 p.m. four boys and a girl made repeated lewd comments in a loud voice under the applicants’ window. When the second applicant asked them to be quiet they replied provocatively, using the Serbian dialect in direct allusion to the applicants’ Serbian origin, telling her: “Call the police, we are not afraid [zovi bre policiju, mi se ne bojimo]”. The second applicant reported this incident on
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January 2008
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8. A second recommendation to the same effect was made, following the applicant’s second Parole Board review on 31 January 2007 and rejected by the Secretary of State on 23 May 2007. At the conclusion of its statement of reasons for rejecting the Board’s recommendation, the National Offender Management Service (“NOMS”) wrote:
“The Secretary of State has therefore decided that you should remain in closed conditions and your next review will conclude in
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2 March 2005
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21. On 23 February 2005 the first applicant lodged an application with the District Court, requesting the court not to approve the search‑and‑seizure record and arguing that a search and seizure had not been the only means by which the preservation of evidence could have been undertaken and that there had not been pressing circumstances. The first applicant also claimed that the computers contained letters as well as personal information about friends and clients. On
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9 March 2004
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28. In May 2006 the applicant appealed to the Supreme Court. Her Notice of Appeal challenged the finding on vicarious liability and referred to two matters: the absence of reasons for the interim ruling of
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19 and 27 June 1997
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48. On 1 July 1997 the applicant was committed for trial. On 23 July 1997 he appealed against his pre-trial detention to the District Court on the ground that the charges against him were weak. He further claimed that his detention had become unnecessary as all the evidence had been collected. He reiterated that he had a family and a permanent address, that he was a respected citizen, and that there had never been convincing evidence of a danger of absconding, committing offences or obstructing the course of justice. He further complained about his bad health and enclosed medical reports of 10 January and
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9 October 2001
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46. In his reply of 2 May 2006, the applicant indicated that the lawyer Mr L., had first visited him in July 2001 and his request for a lawyer of 9 October 2001 had not been granted. He also stated that before
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four and a half years’
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9. On 5 June 2000, the applicant pleaded guilty to robbery at Wood Green Crown Court. The trial judge noted that the applicant had been one of the ringleaders of the robbery, during which two of the four robbers carried weapons. He imposed a sentence of
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June and September 2005
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40. On an unspecified date in June 2006 the Prosecutor General’s Office requested the Nasimi District Court to impose a measure of restraint on some of the applicant’s assets, based on the prosecution’s discovery of evidence that in
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3 March 2005
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8. On 23 February 2005 the applicant walked out of HMP Sudbury, an open prison, and fled to Switzerland. At that time he had served 41 months and 12 days of the sentence. A total of 66 months and 18 days remained to be served. On
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from August 1985 until June 1993
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7. In 1986 the Dortmund Regional Court convicted the applicant of trafficking in drugs (hashish and cocaine) and sentenced him to eight years’ imprisonment. The applicant was in pre-trial detention and served his sentence
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20 December 1999
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10. On 6 February 2000 the defendant lodged an appeal seeking, inter alia, to restore the time-limits allowed for the appeal. On 9 March 2003 the court decided to restore the time-limits and accepted the statement of appeal for examination on the merits. In the meantime RUR 30,267 were recovered from the service centre on the account of the amount due to the applicant under the judgment of
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12 June 2001
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8. The applicant was arraigned on 8 June 2001 and pleaded not guilty to one count of possession of firearms and ammunition with intent and one count of possessions of articles for a purpose connected with terrorism. A defence statement was served on his behalf on
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26 July 1991
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11. On 11 July 1991 she filed an action with the Kirchberg/Wagram District Court (Bezirksgericht) for sole custody of the two children from the marriage, F., born in November 1988, and the M., born in 1990, who stayed at their father's. On
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4 September 2006
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41. On 4 September 2006, the chairwoman of the Tbilisi Court of Appeal, sitting privately in her office and without holding an oral hearing, dismissed the applicants’ appeal as unsubstantiated. She concluded that the decision of the first-instance court had been lawful and properly reasoned. The operative part of the decision of
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November 1994
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73. The statement consists of five typed pages. At the bottom of each page the name “Kasım Açık” is written by hand and is followed by an illegible signature. In this statement, Kasım Açık declares that he was born in 1979 in Çayırköy, in Ağrı and that in
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December 2013
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13. According to the applicant, while in detention, her state of health deteriorated. In both detention facilities there was no specialist oncologist and chemotherapy was unavailable. The applicant undertook her last chemotherapy session in a specialist civilian hospital in April 2013 while under house arrest. Following an enquiry lodged in
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19 October 2006
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20. The account of the events described above is based on the information contained in the application form; a written statement made by the first applicant on 14 May 2007; written statements by O.V. and A.D. dated
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up to twelve years'
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24. On 21 August and 16 November 2006 the Avtozavodskiy District Court granted further extensions of the applicant's and his co-defendant's detention, invoking two grounds: that they were charged with particularly serious offences punishable with
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between December 1999 and January 2000
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73. It appears that all the military and interior servicemen questioned about their participation in the operations in Grozny denied that their detachments had taken part in operations in or near Koltsova Street and Pugacheva Street. In particular, the commander of the OMON from North Ossetia wrote to the investigators and stated that their servicemen had not been on mission in Chechnya
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7 April 1997
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15. On 1 April 1997 the applicant, who was involved in numerous proceedings together with his wife, requested the judge's withdrawal, because his wife had commenced a civil action against the judge for having insulted her in public. On
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November 2009
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29. The Migration Court found that the applicant’s story in support of his request for political asylum had been coherent and trustworthy on the most essential points. It found that the uncertainties that had been pointed out by the Migration Board had been satisfactorily explained. However, as regards the summons to appear before the Revolutionary Court, the Migration Court found, regardless of the authenticity of the document, that it could not by itself substantiate a need for protection. The Migration Court pointed out in this respect that the document was merely a summons and that no reason had been given as to why the applicant should present himself at Evin prison. Moreover, the information concerning the applicant’s political activities had generally been vague and lacking in detail. The applicant had only stated that he had participated in the campaign for the opposition before the elections in 2009 by joining demonstrations and having contact with the student movement and students in order to help them with their web pages. Furthermore, the applicant had stated that the material he had had in his possession when he was questioned in 2007 had not differed from the material he had in 2009. These circumstances, together with the fact that he had not been summoned again to appear before the Revolutionary Court after
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21 November 2007
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82. On 7 February 2008 the second applicant complained to the Head of the Investigations Department of the Dagestan Prosecutor’s office that investigation into her brother’s disappearance was ineffective. She stated that her brother had been abducted by police officers and that the investigation had failed to take adequate steps to identify the perpetrators. She pointed out that she and her father had provided the authorities with the phone numbers of the people who had contacted them in May 2007 concerning the whereabouts of Ramazan Umarov; that they had found out from Chechen police officers that prior to the abduction, the head of the UBE, Mr M. Magomedov, had pledged to kill Ramazan Umarov; that Ramazan had told her over the phone that he had been abducted by three officers from the UBE, Mr M.M., Mr A.B. and Mr N.B., and that she had submitted this information to the investigators, but they had failed to follow up on it. She further stated that the investigator in charge of the criminal case was biased against Ramazan Umarov and considered him to be a religious extremist. Finally, she stated that their complaints of
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the same day
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52. On 25 November 1997, at the second hearing before the Plovdiv District Court, the applicant appealed against his detention on the ground that he could not obstruct the course of justice, as all the evidence and relevant testimony had already been examined by the court. He also stated that there was no danger of his absconding in view of his social status and family ties. The court dismissed his appeal on
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21 November 2005
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20. According to the Government, the applicant's complaint was examined by the ConEC. As it appears from the documents submitted by the Government, following receipt of the applicant's complaint, the ConEC demanded explanations from the chairmen and members of the relevant PECs in connection with the applicant's allegations. In reply, about twenty PEC chairmen and members submitted brief handwritten statements (some of them as short as one or two sentences), or “explanatory notes” (“izahat”), all signed on
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September 2010
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12. From March to July 2010 the applicant spent two periods of two weeks and one period of one week in Jilava Prison Hospital. He was discharged from hospital each time, it being considered that no medication was needed for his psychiatric condition. Following a further period of admission to Colibaşi Prison Hospital in
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22 March 1993
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18. In a judgment of 23 December 2003 the Pazardzhik Regional Court found the applicant guilty of attempted murder, sentenced him to six years’ imprisonment and ordered him to pay S.G. the amount of 10,000 Bulgarian levs (BGN), the equivalent of 5,112 euros (EUR) in damages, plus interest as of
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three months
|
25. On 18 November 2011 the court delivered its award decision (rješenje o dosudi, see paragraph 21 above and paragraph 50 below). It specified that the property would be surrendered (transferred) to I.M. after he deposited the purchase price, within
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27 December 1999
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8. Initially, the Sofia District Court (its judgement is undated) dismissed the action against the applicants. After an appeal by the heirs of Mr T.S., Mr G.S. and Ms K.S., on 5 November 2009 the Sofia City Court overturned that ruling, allowed the rei vindicatio claim and ordered the applicants to surrender possession of the plot. It found in particular that the land commission’s decision of
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8 February 2012
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29. On 20 March 2012 the District Court examined the children’s home’s claim. It observed, in particular, that the first applicant and Ms N.S. regularly visited the second applicant at the children’s home and attempted to communicate with her in the presence of the social workers, and that the first applicant had obtained a compulsory medical insurance certificate for her. The court also referred to the report of
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16 February 2002
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22. The applicant was sent to the Specialised Medical Establishment for Prisoners with Tuberculosis, where he received in-patient treatment on the basis of the DOTS programme of the WHO. The applicant’s treatment lasted until
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9 January 1996
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10. As the applicant had failed to appear before the Joint Court of Justice at its first hearing on the appeal on 2 January 1996, he was declared in default of appearance (verstek). The Joint Court of Justice adjourned the proceedings until
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June and July 2005
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12. The bill of indictment related to two separate charges. The first concerned an article entitled “Hey those district roads” published in issue no. 1 of 2005 in which the applicant had discussed mismanagement of road works in the district. The second charge concerned four articles published by the weekly in
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11 March 2014
|
27. On 13 February 2014 the Constitutional Court dismissed the applicant’s complaint, holding that his constitutional rights had not been violated. The Constitutional Court’s decision was adopted by seven votes to two. Judge J. Sovdat and Judge D. Jadek Pensa wrote dissenting opinions. The decision was served on the applicant on
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31 August 2017
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18. The case file was returned to the Szczecin Court of Appeal for examination. The court ordered further expert opinions on the subjects of psychiatry and occupational medicine. The applicant refused to undergo a medical examination. The expert opinions were finally prepared on
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21 November 2007
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16. S., an officer on duty at the police station, testified that I. had on several occasions been handed over to a person introduced as an employee of the District Court, supposedly for work at the court. On
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the beginning of January 2000
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7. At some point in 1999 due to heavy hostilities between Russian forces and Chechen fighters the applicant moved to a refugee camp in Ingushetia. Two of her sisters, Shema Inderbiyeva and Shamani Inderbiyeva, and her mother Yakhita Inderbiyeva remained in their flat – no. 10 in the block of flats at 154B, Pugacheva Street in the Staropromyslovskiy District of Grozny. Most of the other residents of the district left for safer areas, but the applicant’s relatives stayed to look after the family property. According to the applicant, Russian forces regained control over the Staropromyslovskiy District at
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29 May 2008
|
23. On 13 November 2008 the investigating judge of the Glodeni District Court examined the applicant’s appeal against the refusal of the Prosecutor’s Office to start criminal proceedings against the police officers. The judge found that the inquiry into the applicant’s allegations of ill‑treatment had been superficial and that there were “serious and unexplained shortcomings”. While the applicant’s representative had requested on
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between 17 and 23 November 1998
|
22. On the same date the Diyarbakır public prosecutor issued a decision not to prosecute in respect of the applicant’s allegations of ill-treatment. In his decision, the public prosecutor noted that the applicant had been detained in police custody
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11 May 2001
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27. On 29 April 2001 the district prosecutor’s office referred the file in case no. 24031 to the military prosecutor of military unit no. 20102 (военная прокуратура – войсковая часть 20102) for further investigation (see paragraph 58 below). The latter sent the case file to the republican prosecutor’s office on
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14 November 1996
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12. On 30 September 1996 the same court prolonged the detention until 31 December 1996. It pointed out that the case was very complex and several items of evidence had to be examined. The court further noted that there was a reasonable suspicion that the applicant had committed the offence. On
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11 February 2013
|
25. On 11 February and 11 March 2013 respectively the court refused both requests, principally on the grounds that the applicant had been repeatedly convicted of serious crimes (the most recent having been an assault on his mother resulting in her death) and while imprisoned he had been disciplined for violating prison regulations on twelve occasions, which demonstrated that he engaged in persistent anti-social behaviour and did not wish to improve. According to the court, the applicant continued to be a danger to society. In its decision of
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26 June 2007
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13. In a decision of 1 December 2006 the Tsentralno-Miskyy District Court ordered the applicant to settle his heating debts, noting that section 43 of the Mining Act did not exempt him from paying for heating services. That decision was upheld on
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16 March 2006
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46. The court held that the ancillary question of constitutionality raised by the applicants was manifestly ill-founded. It noted that Italian law (section 9 of Law no. 689 of 1981) prohibited “double proceedings” (doppio giudizio), criminal and administrative, in respect of the “same act”. However, Articles 185 and 187 ter of Legislative Decree no. 58 of 1998 did not punish the same act: only the criminal provision (Article 185) required that the conduct be such as to cause a significant change in the value of financial instruments (it referred to judgment no. 15199 of the Court of Cassation (Sixth Section), of
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6 December 2005
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25. On 2 December 2005 the applicant applied for bail before the Criminal Court, the competent court at the time. On the same date the Attorney General sent the records of the proceedings back to the Court of Magistrates. Thus, on
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10 April 2010
|
19. On 10 June 2010 the investigator also questioned the applicant’s son. K. contended that on 26 December 2009, when he was arrested, police officers had hit him in the stomach. He further stated that the investigator dealing with his case had also hit him in the stomach once in March 2010. According to K., these two beatings had necessitated his urgent medical treatment on
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29 November 1990
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62. The Public Prosecutor, Şevki Artar, informed the Institute of Forensic Medicine that on 25 November 1990 an autopsy had been performed on the body of Yakup Aktaş, who had died that same day at the Mardin State Hospital after having been taken suddenly ill at the Mardin provincial gendarmerie headquarters, where he was detained. Given that it had not proved possible to determine the exact cause of death it had been decided that tissue samples from the body should be sent to the Institute of Forensic Medicine and that the Institute's opinion be sought as to the exact cause of death.
(g) Decision issued by the Mardin Public Prosecutor, Şevki Artar, on
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13 February 1995
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8. On 25 April 1994 the applicant lodged an application for compensation under the Criminal Rehabilitation Act. The application form contained instructions that, according to Section 16 § 2 of the Act (see Relevant domestic law and practice, paragraphs 23 and 24 below), such compensation could not be granted to a person who had offended against the principles of humanity and the rule of law. The applicant declared on the questionnaire that he had never acted in disregard of these principles and never worked for the former GDR’s Ministry of State Security (Ministerium für Staatssicherheit). On
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a period of ten years
|
45. In a judgment of 20 January 2009, the Consiglio di Stato, on the basis of Article 2043 of the Civil Code (see paragraph 69 below), ordered the Ministry to pay the applicant company the sum of EUR 1,041,418 in compensation. It observed that, over
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over three years
|
53. On 19 November 2013 the Zamoskvoretskiy District Court granted another extension of detention in respect of nine defendants, including the applicant. It ordered their detention until 24 February 2014 on the grounds of the gravity of the charges. It held, in particular, as follows:
“[The defendants] are charged with a criminal offence provided for by Article 212 § 2 of the Criminal Code, which belongs to the category of grave crimes punishable by a prison sentence of
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4 January 2002
|
8. On 3 January 2002 the Slavonski Brod Municipal State Attorney’s Office indicted the applicant before the Slavonski Brod Municipal Court for the criminal offence of avoiding customs controls, prescribed in section 298(3) of the Criminal Code, accusing her of not having declared 61 cartons of cigarettes. On
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21 November 2006
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17. The first applicant challenged the prosecutor’s refusal to return the body of her son. On 12 October 2006 the Nazran District Court of the Ingushetia Republic dismissed the action without addressing the applicant’s arguments. It upheld the decision not to return the body of the applicant’s son for burial without reviewing its merits. On
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10-11 July 2001
|
14. In 2001 the applicants' minor son was invited to attend an interview for a place at the Omsk State Agrarian University. The applicants submitted that he did not attend the interview since neither of them was allowed to accompany him in the journey to Omsk. On an unspecified date the acting prosecutor of the Kargasok District provided the second applicant with the following letter:
“[The letter] is given to Ms Bevia Andreyevna Fedorova ... in order to confirm that on
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two months and two weeks
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36. The Assize Court decided to apply the minimum penalty and sentenced İ.D. and M.Y. to three months’ imprisonment and a three-month suspension from duty. Taking into account the defendants’ good behaviour during the trial and considering that they had confessed, albeit reluctantly, the Assize Court reduced the sentences to
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9 December 2002
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8. Due to a change in the law, in the resumed judicial review proceedings the Regional Court heard the case as a first-instance court. On 27 February 2001 it ordered the administrative instances to resume the proceedings, because their previous decisions had approved some irregular plans. On
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25 April 2008
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71. On 24 December 2009 the investigator of the Dzerzhinsk Investigative Committee took a new decision in which he held – as in the previous decisions – that pursuant to Article 24 § 1 (2) of the CCrP, no criminal case should be opened into the applicant’s allegation of ill‑treatment by police officers. The decision cited new “explanations” by some police officers about the events of
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12 October 2006
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42. On 30 June 2009 the Director of the Migration Directorate of the national police, referring to the decision of the Sofia Administrative Court of 12 June 2009, issued an order which revoked the order of
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September 2005
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25. On 13 October 2009 the CDS found as follows:
“In the years since this file was opened (October 2003), the persons involved in this case have been thwarted by the fact that the individual in compulsory confinement speaks and understands only one language, and that the authorities have no German‑speaking staff available for him, with the exception of one nurse [A.W.] (who is apparently due to retire in the near future);
In
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29 November 1997
|
55. In a report dated 1 August 2001 the ENT panel concluded as follows:
“1. Meningitis following micro-endoscopic surgery for nasal polyps is described as one of the (major) complications of this type of surgery, estimated in the literature to occur in between 0.6% and 1% of cases. These figures will be higher in the event of a repeat operation, as in the present case (surgery was performed in 1993 as stated on page 314 of the file concerning the operation). 2. The post-operative CT scan of the brain carried out on
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18 May 2006
|
131. This note stated that the SPA had met with the police at Nicosia police headquarters after she had met the same day with the “TRNC” Chief of Police. The latter had suggested that a meeting be organised with the Cypriot police, in secret, in neutral territory chosen by UNFICYP, so that the issue would not become the object of political manipulation. The “TRNC” Attorney-General had consented to such a meeting. According to the “TRNC” Chief of Police, there were possibly more suspects and the first applicant had given inaccurate information to the Cypriot police, including the wrong photo of the alleged fifth suspect. As a first step, the “TRNC” Chief of Police had suggested the participation in the investigation of an equal number of officers of the same grade from both sides and the presentation of all exhibits collected which could help solve the crime, such as photographs and fingerprints of the suspects and samples of genetic material. He had also mentioned that in order to ensure the continued detention of the suspects, the “TRNC” authorities would like to have the results of the DNA tests linking the suspects to the case. As a second step, the “TRNC” Chief of Police had suggested that the “TRNC” police be given information concerning the ballistic evidence in order to enable the “TRNC” authorities to compare that evidence with information in their database. The SPA had noted that there would be no discussion in any meeting held as to which side would bring the suspects to justice, as the matter at this stage would be limited to the investigation of the case, without giving rise to any political implications. This matter could be discussed later on a political level. The Cypriot police had expressed their hesitations as to the usefulness and repercussions of such a meeting. They would inform her of the Chief of Police’s decision on the matter.
(f) Letter dated
|
28 October 2003
|
32. The Secretary of State appealed to the House of Lords, which, on 20 October 2005, unanimously allowed the appeal. Baroness Hale of Richmond (with whom the other four law lords concurred) first considered the compatibility of section 2 of the 1983 Act with Article 5 § 4. She found as follows:
“22. The short answer to this question is that article 5(4) does not require that every case be considered by a court. It requires that the person detained should have the right to ‘take proceedings’. The wording is different from article 5(3), which deals with the rights of a person who has been arrested on suspicion of having committed a criminal offence or to prevent his committing an offence or fleeing after having done so...The difference between a right to ‘take proceedings’ and a right to ‘be brought promptly before a [court]’ must be deliberate. It stops short of requiring judicial authorisation in every case. It leaves to the person detained the choice of whether or not to put the matter before a court. Understandably, therefore, the respondent abandoned the argument that article 5(4) required that all section 2 admissions should be referred to a tribunal and concentrated only on those patients who lack the capacity to exercise their article 5(4) rights. Logically, of course, this argument would also apply to a patient detained under section 3, for the automatic reference after six months under section 68(1) would not be regarded as ‘speedy’. 23. For [the applicant], the argument is that a right ‘to take proceedings’ is ineffective if the patient lacks the ability to do so. Given that the Convention is there to secure rights that are ‘practical and effective’ rather than ‘theoretical and illusory’ this is a powerful argument. But it does not lead to the conclusion that section 2 is in itself incompatible with the Convention or that the solution is to require a reference in every case. Rather, it leads to the conclusion that every sensible effort should be made to enable the patient to exercise that right if there is reason to think that she would wish to do so. 24. There is no Strasbourg case which implies into article 5(4) the requirement of a judicial review in every case where the patient is unable to make her own application, nor is this suggested in authoritative texts such as Karen Reid, A Practitioner’s Guide to the European Convention on Human Rights (2nd ed 2004). Indeed, in Rakevich v. Russia (Application No 58973/00),
|
27 September 1996
|
13. On 24 June 1996 the applicant’s lawyer filed an appeal with the Wrocław Court of Appeal (Sąd Apelacyjny). The Regional Prosecutor lodged his appeal at about the same time. The applicant filed a memorandum and produced documents in support of his arguments on
|
27 April 2004
|
57. The Government maintained that the applicant’s appeals against the detention order of 19 March 2004 were received by the District Court on 25 March (appeal by Mr Padva) and 2 April 2004 (appeal by Ms Moskalenko). On
|
24 and 25 October 2002
|
54. Witness Ev., the Chief Anaesthesiologist[13] of Moscow City, testified that he had been responsible from 23 October 2002 for preparing War Veterans Hospital no. 1 to receive hostages. He had checked the staffing situation: the hospital had received support staff from other medical institutions, including surgeons and emergency physicians from the Sklifosovskiy Hospital. He had also verified the necessary equipment. Eight emergency operating tables had been prepared. On
|
several years
|
7. The applicants, who had transferred to Italy the contributions they had paid in Switzerland, requested the Istituto Nazionale della Previdenza Sociale (“INPS”) to establish their pensions in accordance with the 1962 Italo-Swiss Convention on Social Security (see Relevant Domestic Law and Practice below) on the basis of the contributions paid in Switzerland for work they had performed there over
|
25 February 1998
|
43. In the meantime, on 22 December 1997, the plaintiffs filed a new application for the inspection of documents, to which the applicant filed an objection on 23 February 1998, following the grant of an extension for its submission. The hearing of the application commenced on
|
ten days later
|
6. By a judgment of 17 January 2000 the Kalacheyevskiy District Court of the Voronezh Region awarded the applicant RUR 2,148.20. No appeal was lodged against the judgment and it acquired legal force
|
between 1993 and 1996
|
67. On 28 May 1998 the Prosecutor in the town of İdil contacted his colleague in the nearby town of Bismil and informed him that a number of killings in the area, the majority of which had taken place
|
22 July 1994
|
18. The applicant further stated that he was not seen by a doctor before being questioned by the Prosecutor on 23 July 1994 and consequently he does not have any medical evidence concerning the torture he was subjected to on
|
March to April 2003
|
14. Given the applicant’s increasingly disturbed state of mind, on 7 January 2005 his counsel initiated proceedings before the Tirana District Court seeking his release or transfer to a medical facility on the ground that his detention conditions were inappropriate to his state of health and put his life at risk. The applicant’s counsel requested the court to order that the applicant be examined by psychiatric experts. The request was based on medical reports issued by practitioners who had treated the applicant in the period from
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