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Mehmet Selim Acar | 156. In a letter dated “November 1995”, the Diyarbakır gendarmerie regional commander, referring to a letter of the General Gendarmerie Command of 7 November 1995 and a letter of the provincial gendarmerie command of 24 November 1995, informed the applicant – in reply to a complaint filed by Hüsna Acar and/or the applicant to the General Gendarmerie Command (see paragraph 92 above) – that, according to the results of an investigation that had been carried out, |
Valid Gerasiyev | 38. Despite the Court’s specific requests, the Government refused to submit a copy of the entire criminal case file opened into the abduction of the applicants’ relative. They did not put forward any explanation for their failure to do so. The Government furnished only copies of several witness’ statements, the decisions to open and resume the investigation and the investigators’ requests to various authorities concerning the whereabouts of |
Lema Khakiyev | 58. On 24 August and 30 August 2003 respectively the Chechnya FSB department and the Operational Search Bureau (“ORB”) informed the district prosecutor’s office that they did not have any incriminating information about |
Ayub Nalbiyev | 34. Between midnight and 3 a.m. on 22 February 2003 a group of about ten men, wearing camouflage uniforms, masks and armed with automatic rifles consecutively broke into three houses in Dachu-Borzoy, in the Grozny District. The men spoke Russian and communicated with their superiors by radio. They used several (up to five) APCs and UAZ vehicles. They beat up |
Suren Muradyan | 53. Hospital doctor I.M. stated that it was he who had initially diagnosed Suren Muradyan as having malaria, because of the symptoms and the fact that he was serving in a malaria hotbed. Suren Muradyan had not told him, except on the day he died, that he had been beaten or that he had fallen, and since there were no symptoms he did not put such questions to the patient. However, on the last day, when he rushed to provide medical aid to |
Cihan Matyar | 66. At about 16.00 hours, about 30 Boyunlu village guards entered Ormandışı village and started firing at all the houses. Bullets hit his house. There were no terrorists in the village or any clash. He heard that the guards murdered Seve Nibak and |
A.R. “Vanagas” | 29. As detailed in a medical report of 15 October 1956 by the doctors at the KGB hospital in Vilnius, A.R. “Vanagas” was taken to that hospital at 4:30 p.m. on 12 October 1956 in a particularly grave condition. He was unconscious, his blood pressure was barely felt; he had muscle tremors. Upon medical examination it was established that |
Fatih Yılmaz | 25. On 22 November 2000 members of the Şebinkarahisar Assize Court and an expert visited the area where the incident had taken place. Private Şenel Selcan, who claimed to have been standing next to private |
Anzor Sambiyev | 10. In the morning the next day the applicants went to the head of the village administration and told him about the events of the previous evening. At the same time a body was found on the outskirts of the village of Prigorodnoye, which was identified as Mr |
Ilez Khamkhoyev | 11. Having broken into the trailer, the armed men immediately started beating Mr Ilez Khamkhoyev and dragged him outside. Two men ‑ Mr M‑A.B. and Mr Ruslan Yandiyev, who were also present at the site ‑ tried to intervene but the armed men took them outside and forced them into their vehicles. They then put Mr |
Stefan Eberharter | 9. The court noted that the offending passage was to be understood in the way it would be perceived by an average reader. The magazine Profil was aimed at an understanding and intellectual readership and the majority of readers could therefore be expected to discern the satirical and humorous content of the article and the passage in particular. This was not true, however, for a person who read the article only superficially and without the necessary concentration. Such a reader was confronted at the very beginning of the article, namely in its third paragraph, with the impugned passage suggesting that jealousy, rudeness and schadenfreude were obvious characteristics of |
Musa Akhmadov | 77. On 11 April 2006 the Chechnya Prosecutor’s Office replied to the applicant’s letter addressed to the head of Chechnya Parliament. The letter stated that the investigation had established that on 6 March 2002 at about 3 p.m. at the checkpoint in Kirov-Yurt unknown servicemen of the 51-st airborne regiment had detained and taken to an unknown destination |
Yakup Aktaş | 84. In this statement Captain Göçmen is introduced as a gendarme captain, commander of Mardin provincial central gendarmerie. He was asked whether it was correct that Yakup Aktaş had been taken with two co‑accused for mutual identification under his, Göçmen's, supervision. He stated that the interrogation of suspects was carried out by interrogation personnel serving under the command of the intelligence unit of the provincial gendarmerie. Related correspondence bore his signature because he was the officer in charge of judicial matters. Prior to the confrontation for identification purposes of |
Lieutenant D. | 11. On 8 February 2001 the applicant was transferred to military unit no. 6794 in Astrakhan (later renumbered as no. 3025). According to the applicant, a medical officer noted his complaint of pains in his knees, but did not prescribe any treatment. It subsequently transpired during an inquiry that the applicant had complained about recurrent pains in his knees to his superior, |
Ramazan Umarov | 55. On the same date, 5 July 2007, the investigators wrote to the head of the UBOP and the head of the Department of the Fight Against Extremism and Criminal Terrorism (the UBE) stating that the investigation into the abduction of |
Said-Selim Tsuyev | 212. In the days following the abduction, the applicants and their relatives and neighbours contacted various authorities. In particular, in Khankala the applicants’ relative Mr Khasin Abkayev met with Generals |
Brandon of Oakbrook | 47. Secondly, he found that detention to be justified under the common-law doctrine of necessity:
“It is now necessary to consider whether there was lawful authority to justify the detention and any treatment of [the applicant]. This is a matter of statutory construction. But it is important to approach the mental health legislation against the context of the principles of the common law. The starting-point of the common law is that when a person lacks capacity, for whatever reason, to take decisions about medical treatment, it is necessary for other persons, with appropriate qualifications, to take such decision for him: Re F. (Mental Patient: Sterilisation) [1990] 2 AC 1, at 55H, per Lord |
the Justice of the Peace | 48. At the first trial hearing, held on 19 December 2002, the applicant successfully asked the Justice of the Peace to adjourn the proceedings to allow his lawyer to study the case file. On 22 January 2003 |
Aslan Sadulayev | 33. On 18 February 2003 the investigators from the district prosecutor's office questioned the applicant, who stated that at about 3 p.m. on 9 December 2002 her son Aslan Sadulayev had been detained by unknown men at a federal forces mobile checkpoint located at the junction near Komsomolskoye village. According to the applicant, her son had been riding with Mr. M.M. and another man in a purple VAZ-2109 car when their car was stopped at the checkpoint. After that |
Vasiliy Shandybin | 6. In 2003 a leaflet was distributed in Bryansk and the Bryansk Region concerning a member of parliament (MP), Mr Shandybin, who was going to stand in the forthcoming elections. The leaflet read as follows:
“Enough of telling fairy tales!!! Let us turn to the facts! Read the Israeli weekly newspaper Beseder. The fortune of the member of the State Duma |
Rasul Tsakoyev | 36. On 11 October 2004 the investigators also questioned the head of the Khasanya village administration, Mr A.Z., who gave a statement similar to the applicants’ submission before the Court. In addition, he stated that when he had asked the head of the UBOP, officer K., whether |
Isa Aytamirov | 50. On 17 June 2004 the investigation granted M. Dzh. victim status in the proceedings in case no. 42027 and interviewed her. M. Dzh. stated that her mother, Isa Aytamirov and the second applicant had been living with her in the village of Novy Tsentoroy. At about 4 a.m. on 19 February 2003 a group of armed men had broken down the entrance door and had burst into her house. They had headed to the room where |
İdris Tanış | 137. He did not know Serdar Tanış or Ebubekir Deniz and was not personally responsible for the investigation. However, the other two public prosecutors worked with him. 1. The petitions lodged with the Silopi public prosecutor's office by |
Şiyar Perinçek’s | 38. Subsequently the applicant’s lawyers informed the trial court that at their instigation an investigation had been opened into their allegations against the police officers and that a number of people working at the hospital at the time of the events had been questioned by a prosecutor. During the questioning the hospital personnel had told the prosecutor that |
Halit Aslan | 15. On 21 September 2001 the Diyarbakır Branch of the Human Rights Association by letter informed the Ministry of the Interior, the Human Rights Commission of the Turkish Parliament, the Governor of the Emergency Region, the Secretary of State Responsible for Human Rights, the Şırnak Governor, the Prosecutor’s Office in Şırnak, the offices of the Prosecutor and the Governor in Beytüşşebap, of the deaths of Ebuzeyt and |
Isa Mikiyev | 10. The facts of this application are linked to the case of Atabayeva and Others v. Russia, no. 26064/02, 12 June 2008, which concerned the abduction of Mr Ramzan Kukuyev together with the applicants’ relative, Mr |
Khamzat Tushayev | 44. On 6 and 9 July 2006 investigators interviewed S.-Kh.E., V.Sh. and S.E. as witnesses. They stated that they were distant relatives of Khamzat Tushayev and resided in Duba-Yurt. According to them, |
Sultan Dzhabrailov | 24. The decision of 10 April 2006 to adjourn the investigation (and subsequent similar documents) indicates that in May 2005 the investigation identified S.B. as a suspect. He was charged with aggravated murder and robbery. In February 2000 S.B. had been a police technician with the sapper battalion of the St Petersburg OMON. The charges stated that on 5 February 2000 he, along with three other unidentified persons, had killed Mr |
Cevat Özalp | 16. The public prosecutor refused to give these documents and noted at the bottom of the petition the following:
“It has been decided [by this office] that no prosecution should be brought about the death of |
E. Shevardnadze | 17. According to the applicants D.A.-aia, O.M.-ov, V.S.-dze and G.D.‑dze are very well-known public figures in Georgia who, with V.M.‑shvili, the Georgian Minister of the Interior, played an active part in the so-called Rose Revolution that brought about the resignation of President |
Aslan Dokayev | 74. On 18 May 2004 the Grozny court received a complaint by the fourth applicant dated 15 March 2004 about the decision to suspend the investigation into the kidnapping of his son Rustam Achkhanov. In his complaint the fourth applicant reported the following. On 18 July 2001 the car in which |
Alikhadzhiyev | 26. On 24 February 2001 the Chechnya Prosecutor's Office replied to the NGO Memorial concerning the investigation into several cases of disappearances. In relation to Ruslan Alikhadzhiyev, the Deputy Prosecutor wrote that in the course of the investigation of criminal case no. 22025 requests for information had been forwarded to the FSB, the Ministry of the Interior and the Ministry of Defence. None of these agencies had detained Mr |
Lücker-Babel | 20. In a judgment of 5 December 2006, notified to the applicant’s representative on 22 January 2007, the Federal Court dismissed the applicant’s administrative-law appeal, finding as follows:
“... 2.1. Under Article 264 of the Civil Code – in the version in force since 1 January 2003 – a child may be adopted if the future adoptive parents have cared for it and provided for its education for at least one year, and if all the circumstances make it foreseeable that the establishment of a parent-child relationship will further the child’s welfare without unfairly affecting the situation of any other children of the adoptive parents. All adoptions must thus be preceded by a placement and fostering relationship of a certain duration. An imperative condition for adoption, this measure serves to justify the subsequent establishment of a parent-child relationship, to allow a probationary period for those concerned, and to provide the opportunity and means to ensure that the adoption will further the child’s welfare (ATF [Federal Court judgments] 125 III 161 point 3a p. 162 and citations). Under Article 316 of the Civil Code, the placement of children with foster parents is subject to the authorisation and supervision of the supervisory authority or another office for the place of residence of the said parents, as designated by cantonal law (§ 1); where the child is placed with a view to its adoption, a single cantonal authority is competent (§ 1 bis, as in force since 1 January 2003); the Federal Council stipulates the requirements for implementation (§ 2).
In accordance with Article 11b of the Federal Council Order of 19 October 1977 governing the placement of children for the purposes of support and with a view to adoption (‘the OPEE’; RS 211.222.338), as in force since 1 January 2003, placement authorisation is given only where the personal qualities, state of health and educational capacities of the future adoptive parents and other persons living in their household, together with the housing conditions, offer every guarantee that the placed child will benefit from appropriate care, education and training, and that the well-being of the other children living in the family will be safeguarded (§ 1 (a)), that there is no statutory impediment to the future adoption and that all the circumstances put together, in particular the motives of the future adoptive parents, enable it to be foreseen that the adoption will further the child’s welfare (§ 1 (b)). The authority must particularly take the child’s interest into account where the age difference between the child and the adoptive parent is more than forty years (Article 11b § 3 (a) OPEE; see, on this issue, ATF 125 III 161 point 7a p. 167/168).
This primary condition of adoption – the welfare of the child (Article 264 of the Civil Code) – is not easy to verify. The authority must ascertain whether the adoption is really capable of ensuring the best possible development of the child’s personality and of improving his or her situation; that question must be examined in all respects (emotional, intellectual, physical), without attributing excessive weight to the material factor (ATF 125 III 161 point 3a in fine p. 163 and citations). 2.2. Under Article 264b § 1 of the Civil Code, an unmarried person – whether single, widowed or divorced – may adopt alone if he or she is at least 35 years old. In this form of adoption, the parent-child relationship is established with a single parent. As a result of that situation, the adoptive parent must, on his or her own, assume the duties that meet the child’s needs and remain available to care for the child to a degree that exceeds that required of each parent in a couple adopting jointly. Accordingly, the authority must particularly take into account the child’s interest where the applicant is not married, or where he or she is unable to adopt jointly with his or her spouse (Article 11b § 3 (b) OPEE). The legislature’s intention was that joint adoption should be the rule and adoption by a single parent the exception (ATF 111 II 233 point 2cc p. 234/235). It may indeed be considered that the child’s interest, which is paramount, consists in principle of living in a complete family. Nevertheless, the law does expressly permit adoption by a single person, without subjecting him or her – unlike those wishing to adopt an adult or a person deprived of legal capacity (Article 266 § 1 Chapter 3 of the Civil Code) – to the existence of ‘valid reasons’. In any event, where the requisite conditions for the child’s welfare are satisfied, and the adoption by a single person meets all the requirements for the child’s fulfilment and personality development, the adoption will be granted; in such cases, at the preliminary placement stage, the conditions laid down in Article 11b of the OPEE will be satisfied, and the placement authorisation must be granted (ATF 125 III 161 point 4b p. 165 and citations). 3.1. The court below found that the appellant had appropriate educational qualities. She can count on a wide network of persons who support her in her project and have promised to help her take care of the children when she is busy. Since the refusal of the authorities of the Canton of Jura (see B.a above), she has changed the organisation of her life by moving to Geneva, where she carries on her professional activities; since November 2004 she has been renting accommodation in an area close to the parish church of which she is maître de chapelle and in a building that also houses the offices and secretariat of the music festival of which she is the artistic director. Lastly, her financial resources are sufficient (7,000 [Swiss francs] per month). Those points being established, it is not necessary to examine them again. 3.2. In her application of 19 January 2004 the appellant had sought authorisation to receive ‘a second child, from South America, aged between 1 and 3’; it does not appear from the application lodged the following year that those criteria had changed. However, when she appeared personally before the cantonal authority on 7 December 2005 she declared that she wished to receive a child ‘up to the age of five’; pointing out that A. [the first child adopted by the applicant] was from Vietnam, she expressed a desire to be entrusted with a child who was ‘born in that country’, whilst ‘of course remaining open to other countries’.
As this Court found in a recent case, such an approach cannot be admitted (see judgment of 5A.11/2005 of 3 August 2005, point 3.1, published in FamPra.ch 2006 p. 177). The home study report (Article 268a Civil Code and Article 11d OPEE) is drawn up according to the age and origin of the child, factors that the applicant must indicate (Article 11g § 2 (a) and (c) OPEE). The Youth Office thus quite rightly, in its findings on the cantonal appeal, found that this document had been ‘drawn up on the basis of an application for the adoption of a child aged between 1 and 3 at the time of its arrival’. Any finding to the contrary would suggest that an application could be changed as and when the case so required, for a reduction of the age difference in this instance. It follows that the criticism of the cantonal court for not having granted an ‘authorisation for an older child, in order to reduce the age difference’ appears ill-founded. The fact that the Convention between Switzerland and Vietnam on cooperation in matters of child adoption came into force while the case was pending on appeal, that is to say on 9 April 2006 (RO 2006 p. 1767), is immaterial; moreover, the appellant does not show that she would satisfy the conditions laid down in that agreement, or even – notwithstanding the opinion of the Youth Office’s representative (see record of individual hearing on 5 April 2006) – that her project would in fact be feasible. 3.3. The appellant was born in 1957 and is thus 49 years old; in relation to a child of between one and three years old – leaving aside the waiting times in international adoption – the age difference would be between forty-six and forty-eight years. In the light of the Federal Court’s case-law such a difference appears excessive (see judgment 5A.6/2004 of 7 June 2004, point 3.2, published in FamPra.ch 2004 p. 710: single person ‘of almost 50 years’ wishing to adopt a ‘girl under 5 years old’; see also the references cited in ATF 125 III 161 point 7a, p. 167/168). As the cantonal authority rightly pointed out, even an age difference of forty-five years is too great. In that case the appellant would, at over 60, find herself the single parent of two teenagers, who, in addition to the problems arising in that period of life, may well face particular difficulties as adopted children (see, for example, judgment 5A.21/1999 of 21 December 1999, point 3d, published in FamPra.ch 2000 p. 546), especially as the future child might have specific needs. The appellant is thus wrong to rely on Federal Court judgment 125 III 161 (age difference between forty-four and forty-six years), where, moreover, the adoption of a single child was at stake (see point 3.4 below). 3.4. The opinion of the court below, according to which the appellant underestimated the burden represented by a second child, cannot be disputed. Whilst it may be admitted, from a theoretical standpoint, that the presence of a sister or brother may have beneficial effects in emotional and social terms (see judgment 5A.25/1996 of 1 May 1997, point 6b, unpublished, in SJ 1997 pp. 597 et seq.), that assessment should be nuanced as far as adopted children are concerned. The home study report noted that A., after enjoying exclusive maternal attention, faced the risk of ‘reactivating a feeling of abandonment’; the positive effects of a new adoption on her situation (Article 264 in fine of the Civil Code, section 9(b) LF-ClaH [Federal Law on the Hague Convention], and Article 11b § 1 (a), in fine, OPEE) are not therefore certain (see, in general, |
Hüseyin Başbilen | 34. On 14 February 2011 Ş.K. made a statement to the Ankara public prosecutor. He submitted that when he had gone to the premises of Aselsan on 6 August 2006, he had examined the deceased’s computer together with an Aselsan manager. They could not find the suicide note on the computer but found it on the USB flash drive. He printed the letter out using a printer there and sent it to the crime laboratory. He also maintained that he had confiscated the USB flash drive and given it to E.Ş., the then Altındağ gendarmerie commander. He had then assumed that the USB flash drive would be sent to the public prosecutor’s office to be included in the investigation file. Ş.K. stated that he had not looked into when the suicide note document had been created as he had limited knowledge of information technology and as he had not received an order to carry out such an analysis. He considered that fingerprinting the suicide note would be sufficient for a comparison between the copies of the letter found at the deceased’s workplace and in his car. Ş.K. lastly noted that he did not have any knowledge as to the briefcase and the documents therein found in Mr |
Wiesław Łatasiewicz | 12. On 19 September 1997 the applicant's counsel filed an application for release. That application was dismissed by the Kielce Regional Court on 6 October 1997. The court's decision was reasoned as follows:
“The applicant's counsel submitted in his application for release that |
Zelimkhan Isayev’s | 52. By a letter of 7 September 2004 the republican prosecutor’s office informed the first applicant, in reply to his complaint of 20 July 2004, that the military prosecutor’s office of military unit no. 20102 had refused to institute criminal proceedings against the FSB officers on 13 June 2004. The letter stated that on 12 May 2004 the Urus-Martan Town Court had authorised |
Ruslan Amirov | 30. The Government submitted that on 29 April 2004 the investigating authorities had again interviewed the first applicant who had confirmed that Mr M. and her sons had had a quarrel. She had also referred to Ms P.'s words to the effect that Mr M. had told her that the Yansuyev brothers were not being kept in Khankala, and that he had searched for the intelligence officer Mr |
Yunus-Bek Evkurov | 44. On the same date, 18 January 2013, one of the applicants’ lawyers from the UMG, Mr A.R., requested that the investigators take the following steps:
“... 1. Include in the case file the video of the meeting of the Ingushetia sportsmen with the President of the Republic, Mr |
Serdar Tanış | 135. In response to a question regarding the identity of the person who had telephoned Serdar Tanış on 25 January 2001, the witness replied:
“No call was made by the commanding officer of the Silopi gendarmerie. The list compiled by the telephone operators indicates the name of the person who rang |
Magomed Khashiyev | 61. In the context of the proceedings in the Khashiyev and Akayeva case (cited above) the applicants submitted a statement by Christopher Mark Milroy, registered medical practitioner, Professor of Forensic Pathology at the University of Sheffield and Consultant Pathologist to the British Home Office. The statement was prepared on the basis of the witness statements and of colour photographs taken by |
Zaur Ibragimov | 40. On 15 October 2003 the prosecutor's office of the Leninskiy District of Grozny (“the district prosecutor's office”) granted victim status in case no. 12199 to the following five applicants: the second, eighth and ninth applicants in relation to their sons' kidnapping; and the fourth and sixth applicants in relation to their sons' kidnapping and the theft of their cars. The decision referred to the registration number of the car which had belonged to |
Hardial Singh | 39. The judge found that the policy had been taken into account from 29 April 2010 up to the date of the hearing on 22 July 2010 (“the second period of detention”). He therefore found that continuing detention was lawful during this second period. The judge also rejected submissions that the period of detention had become unreasonable and unlawful under the principles set out in R v. Governor of Durham Prison, ex parte |
Rizvan Ismailov's | 102. According to the Government, the investigation also questioned another ten relatives and neighbours of the disappeared persons, including the fifth applicant and Rizvan Ismailov's cousin. None of them had witnessed the abduction and they had learnt about the events several days later. |
Gal Klein Yair | 21. On 22 May 2008 the Supreme Court of Russia dismissed the appeal for the following reasons. The Colombian Government had given diplomatic assurances that the applicant would not be ill-treated if extradited. They had also stated that conditions of detention in Colombian penitentiary institutions were decent and that Russian officials would have a right to visit those institutions for regular checks. There were no grounds to suspect that the applicant would be ill-treated if extradited. The applicant had not been persecuted on political grounds. According to the Colombian Embassy, officials' media statements could not affect decisions already taken by the judiciary. The Colombian Vice-President was not a hierarchical superior of the judiciary, the Ministry of Justice or the penitentiary service. The applicant's actions were punishable under Russian law in force in 1989-90, which laid down a severer sanction than Article 205 § 1 of the Russian Criminal Code. The appeal ruling read, in particular:
“There are no grounds to believe that in the event of extradition |
Khizir Galtakov | 62. At about 11 p.m. on 17 May 2005 Mr Khizir Galtakov and his friend Mr K. were in the village of Znamenskoye, Chechnya, at the intersection of Shosseynaya Street and the road between Ken‑Yurt and Bratskoye, when a group of about six armed men in camouflage uniforms and balaclavas arrived in a grey UAZ vehicle without registration plates. The men forced Mr |
Haci Bektaşi Veli | 8. Alevism originated in central Asia but developed largely in Turkey. Two important Sufis had a considerable impact on the emergence of this religious movement: Hoca Ahmet Yesevi (12th century) and |
Predică Marian | 15. A preliminary inquiry was carried out with respect to alleged criminal acts perpetrated by the twenty penitentiary guards charged with the supervision of the detainees.
The military prosecutor in charge questioned the officers that had been on duty while the applicant’s son was detained at Rahova Penitentiary, in order to establish whether there had been any incidents between the detainee and his cellmates and whether there had been any incidents when force or other immobilizing methods were used with respect to the detainee. The guards reported that no incidents had occurred in cell no. 626 and that they had not noticed any injuries on the detainee’s face. Similar statements concerning the lack of any incidents in their cell were given by some of the applicant’s son’s cellmates.
One of the cellmates, V.O.C., stated in his deposition given before the military prosecutor on 17 June 2004, that he had heard that |
Polikseni Pistika | 10. On 15 July 1991 Ms Polikseni Pistika (Foka) was transported by the police to a hospital for treatment. She was admitted to the psychiatric department of the Balıklı Rum (Greek) hospital in Zeytinburnu, Istanbul, because she was not capable of taking care of her personal affairs. The authorities thus appointed a guardian for Ms |
Khodorkovskiy | 359. The question of harassment of the first applicant’s lawyers was raised by several former managers of Yukos in the extradition proceedings in which they took part in the United Kingdom (for more details see below). Senior Judge Workman of the London Extradition Court, who examined extradition requests by the GPO, concluded that the first applicant’s lawyers had been subjected to harassment. In particular, he held as follows:
“Mr Shmidt provided me with details of lawyers involved in the cases concerning Mr |
Sabriye İkincisoy | 48. The witness, who is the daughter of the first applicant and the sister of the second, was at her father's house on the night of the incident. She said that while they were sleeping at home, some police officers came to their house and asked about her brother Mehmet Şah. When her father explained to the police officers that Mehmet Şah was staying at his uncle's house, the police officers left the house, taking Halil with them. Some time after, the police officers came back and arrested everyone in the house, including the witness. They were first taken to Çarşı Police Station and then to the police headquarters. The witness explained that she had not seen Mehmet Şah in the Çarşı Station but she had seen him at the police headquarters. When they arrived at the police headquarters, they walked upstairs and were taken into a hall. Their eyes were not covered but they were forced to hold their hands behind the back of their necks. They were made to stand facing the wall. When the witness glanced over her shoulder, she saw that Mehmet Şah was standing next to her. This was the last time she saw him. However she recalled hearing his voice at the Rapid Intervention Force, which was the third place they were taken to. He was moaning. She was kept in a cell, together with Makbule, Nefise, Adile, Bilge and |
Ernst August von Hannover | 39. By a judgment of 5 May 2006, the Regional Court granted X’s application in the main proceedings, ordered the applicant company to refrain from any further publication of the second article on pain of penalty and ordered it to pay EUR 449.96 in costs, plus statutory interest accrued from 22 September 2005. It based its decision on essentially the same grounds as those set out in its judgment of 11 November 2005 (see paragraphs 18-30 above). It stated that the case in question had to be distinguished from the one that had been the subject of the judgment of the Federal Court of Justice of 15 November 2005 (see paragraph 48 below) in that the person concerned in that case, Prince |
Idris Iduyev | 12. On 25 January 2000 at about 6 a.m. about 20 men in military uniforms, some wearing balaclava masks, entered the house. Four men, apparently the same ones who had been in the house the previous day, said that they were carrying out a passport check and ordered the first applicant, whom they had addressed by name, to go with them to the local police department to find out about her passport. The first applicant's son |
Vakha Nauzov | 55. On 20 June 2003 Mr Vakha Nauzov and Mr U.M. drove to work in a silver-blue VAZ-2106 car with registration plate no. 173-05. At 11 a.m. they were stopped at checkpoint no. 75 on a highway near the village of Druzhba. Fellow villagers who were passing the checkpoint in a minibus at the time, including Ms A.E. and Ms D.Kh., saw that several servicemen had surrounded Mr |
Abdullah Öcalan’s | 13. On 8 May 2007 the applicant made a statement to the Diyarbakır Assize Court. He contended that he had not disseminated propaganda during his speech but had only thanked those who had worked for peace and had also condemned |
Adam Boltiyev | 39. On 7 September 2002 the security operation in Tsotsi-Yurt was finished. The servicemen did not release the applicants’ relatives. The applicants have not seen Salakh Elsiyev, Iskhadzhi Demelkhanov, |
D. Samkharadze | 13. Elsewhere, police checkpoints were set up on the main roads to impede a further 1,300 Witnesses – including the applicants B. Kurashvili, R. Tskhadaia and B. Tskhadaia – from reaching the meeting. According to applicant |
Susana Ciorcan | 25. On 17 October 2006 eighteen of the applicants, Susana Ciorcan and three other victims made statements to the prosecutor. Their statements were consistent, in that they all said that on seeing the police vehicles they had come out of their houses with their spouses and children out of curiosity. While normal discussions had been taking place between |
Tofiq Yaqublu | 14. On 29 January 2013 the Prosecutor General’s Office and the Ministry of Internal Affairs issued a new joint press statement concerning the events in Ismayilli. It noted that ten people had been charged with criminal offences in connection with the events of 23 January 2013, and had been detained pending trial. In addition, fifty‑two people had been arrested in connection with their participation in ‘actions causing a serious breach of public order’; some of them had been convicted of ‘administrative offences’ and sentenced to a few days’ ‘administrative detention’ or a fine, while others had been released. The statement further noted that ‘lately, biased and partial information has been deliberately disseminated, distorting the true nature of the mentioned events resulting from hooliganism’, including information about large numbers of injured people and the disappearance of one individual. The statement refuted that information, noting that only four people had been admitted to the regional hospital with injuries and that no one had disappeared. It further stated, inter alia, the following:
‘Following the carrying out of inquiries, it has been established that on 24 January 2013 the Deputy Chairman of the Musavat Party, |
Serap Karabulut | 19. On 22 October 1998 gendarmerie lieutenant-colonel Sabri Semen was appointed as the investigator on the case and began questioning the gendarmerie personnel who had taken part in the incident. On 25 October 1998 the lieutenant-colonel concluded his investigation and recommended that no permission be given for the prosecution of the six gendarmerie personnel. The report contains a summary of the statements made by, inter alia, the six gendarmerie officers, the applicants and |
Zübeyt Aslan | 30. On 17 September 2001 Hazım Aslan, Zübeyt Aslan and Hacı Aslan submitted two petitions to the Van Prosecutor’s office and informed the Prosecutor about the anonymous telephone call that had been received by |
Ayubkhan Magomadov's | 63. On 27 April 2002, following a request by the first applicant, the investigator requested the head of the Chechnya Department of the FSB to identify and question officer P., who had headed the Kurchaloy district department of the FSB in October 2000, and who had allegedly participated in |
Valid Dzhabrailov | 15. On 18 February 2003 two officers took the first applicant out of the basement, put a plastic bag over his head, bound it and his hands with adhesive tape and pushed him into a military UAZ car. In the vehicle the first applicant felt someone's heavy, cold body on the floor. He realised that this was the body of his brother, |
Rustam Akhmadov | 126. Having entered the first applicant’s house, the military ordered the first applicant’s husband, Mr Pavel Akhmadov, to lie down and pointed their rifles at him. The first applicant’s youngest son, Mr |
Talat Türkoğlu | 69. On 10 February 1998 the Edirne Security Directorate informed the Edirne Security Directorate responsible for Public Order that Talat Türkoğlu had been arrested by the Edirne police on 21 September 1994 for membership of the TDP and that he had subsequently been transferred to Istanbul. Since that date, |
Gotse Delchev | 15. In the meantime, on 3 May 2004, the police, relying on section 62 of the 1997 Ministry of Internal Affairs Act (see paragraph 108 below), ordered the head of Ilinden’s Blagoevgrad chapter not to organise “rallies by members of the organisation ... without permission by the Mayor of Blagoevgrad and in breach of the [1990] Meetings and Marches Act”. The order further admonished him to “coordinate the members of Ilinden to prevent demonstrations with foreign ... flags and other symbols, or the display of placards ... with anti‑Bulgarian slogans, which [was] likely to incite unrest and breaches of public order”. Another member of Ilinden was ordered not to commemorate the anniversary of the death of |
Apti Zaynalov | 36. According to the Government, the applicant had not provided the investigating authorities with any information about the alleged detention of the taxi driver Mr Z. Kh. The authorities had decided to check the version involving the latter after coming across an article by Mrs Estemirova, published on the Internet, which had linked the disappearance of Mr Z. Kh. to that of Mr |
Huseynov Emin Rafik oglu | 26. On 25 June 2008 Nasimi District Police Station no. 22 issued an explanation (arayış) concerning the police intervention of 14 June 2008. The relevant part of this document, signed by the Head of Nasimi District Police Station no. 22, M.T., reads:
“On the basis of the information that about fifty people had gathered at café “Alaturka” in the basement of building no. 6 at 28 May Street in Baku on 14 June 2008, at around 1 p.m. police officers from the Baku City Police Office took measures in order to identify the persons gathered in this place and to establish the purpose of the gathering, and twenty-two of them were taken to Nasimi District Police Station no. 22.
After these individuals had arrived at Police Station no. 22 at 1.55 p.m., they were registered in the “apprehended persons’ registration log” (gətirilmiş şəxslərin qeydiyyat kitabı) and were released at 4.30 p.m. At the police station, their identity was established and statements were taken from nine of them in order to establish the purpose of their gathering in that location.
... At the police station, their identity was established and they were released following a “prophylactic conversation” (profilaktik söhbət). It was also established that |
Donald Rumsfeld | 12. The Coalition Provisional Authority (CPA) was created by the government of the United States of America as a “caretaker administration” until an Iraqi government could be established. It had power, inter alia, to issue legislation. On 13 May 2003 the US Secretary for Defence, |
Durand-Viel | 17. In a judgment of 19 May 2000 (nos. 192947 and 194925), notified on 20 June 2000, the Conseil d'Etat, after joining the two cases, ruled as follows:
“... Under the first paragraph of Article 34 of the ... decree [of 9 May 1995 pertaining to the opening of mines and mining regulations]: 'The prefect shall decide, by way of an arrêté (order), on regulations applicable to mining. Except in cases of urgency or imminent danger he shall first invite the mine operator to submit its observations and shall set a time-limit for that purpose'. In view of the seriousness of the subsidence which occurred on 14 October 1996, 18 November 1996 and 15 March 1997 above various mines that had been operated by the company Société des Mines de Sacilor Lormines and having regard to the report filed on 20 May 1997 by the scientific advisory board set up on 25 March 1997 for that purpose, the prefects of Moselle and Meurthe-et-Moselle were legally entitled to issue the urgent order of 26 May 1997 requiring the applicant company to entrust to a panel of experts the analysis and risk assessment of a number of mining sites, and to have a network of surveyors permanently available in order to carry out the requisite supervisory measures. They were also entitled, on account of the urgency, without consulting the mine operator and as soon as the report had been issued by the experts appointed in the order of 26 May 1997, to require the company, in the order of 18 July 1997, to ensure that a network of building experts was permanently available. Accordingly, the arguments to the effect that those orders were issued without complying with the lawful procedure, in breach of the provisions of Article 34 of the decree of 9 May 1995, cannot be upheld.
Article 79 of the Mining Code, in the version deriving from the Law of 15 July 1994, reads as follows: 'prospecting and mining work shall comply with the restrictions and obligations pertaining to ... / public health and safety, ... [and] to the solidity of public or private edifices ... / When the interests mentioned in the previous paragraph are put at risk by such work, the administrative authority may require the prospector or mine operator to take any measures for the purposes of ensuring the protection of those interests within a given time-limit'. The last paragraph of Article 84 of the Mining Code, which lays down the rules governing the discontinuance of mining operations, provides as follows: 'When the measures provided for by the present Article, or those prescribed by the administrative authority pursuant to the present Article, have been executed, the administrative authority shall issue the prospector or operator with its formal confirmation of completion ...'. Article 49 of the decree of 9 May 1995 provides: 'the administrative supervision and the mining regulations shall cease to take effect on the date that the operator is issued with formal confirmation that the work has been completed ... / However, the prefect shall be empowered ... to take ... any measures that may be rendered necessary by incidents or accidents that can be attributed to former mining work, when such events are capable of damaging the interests protected by Article 79 of the Mining Code, until the expiry of the mining concession'.
First, contrary to what has been contended, the Law of 15 July 1994 entered into force as soon as it was published; subsequently, and notwithstanding the fact that the applications for abandonment of operations were submitted before the entry into force of that Law, the prefects of Moselle and Meurthe-et-Moselle legally implemented it.
Secondly, it follows from the combination of the provisions cited above that the completion by the operator of the work prescribed by the administrative authority for the purposes of closing a mine does not suffice to exonerate if from all liability unless and until it has been issued with formal confirmation of completion and, as regards any incidents and accidents that may interfere with the protection of the interests provided for under Article 79 of the Mining Code, for as long as the operator holds the mining concession. It follows from the documents in the case file that, with the exception of the concessions of Valleroy and Moutiers, the prefects of Moselle and Meurthe-et-Moselle had not issued formal confirmation of the completion of work in respect of the mines abandoned by [the applicant company], nor had they accepted the proposed renunciation of the concessions concerned. Subsequently, the prefects ... were lawfully entitled, except in respect of those parts of the municipalities that were located above the Valleroy and Moutiers concessions, to impose on the operator the necessary measures to prevent repetition of subsidence.
Under Articles 79 and 84 of the Mining Code, the administrative authorities are entitled to require the operator to take any measures for the purposes of guaranteeing public health and safety and the solidity of edifices, as provided for in Article 79 of the Code. These measures may consist both in studies for the assessment and enumeration of risks and in work to prevent or put an end to incidents.
It is hereby decided as follows:
Article 1: The implied decisions of 3 November 1997 and 18 January 1998 of the Minister for Economic Affairs, Finance and Industry and the orders of 26 May 1997 and 18 July 1997 are annulled in so far as they imposed on the [applicant company] measures of prevention, supervision and verification in respect of the areas of the municipalities located above the concessions of Valleroy and Moutiers of which the renunciation had been accepted by the authority.
Article 2: The State shall reimburse to Société des Mines de Sacilor Lormines, with interest, the sums pertaining to the sites in respect of which the decisions of the Minister are annulled by the present decision;
Article 3: The State shall pay to Société des Mines de Sacilor Lormines the sum of 20,000 francs under section 75-I of the Law of 10 July 1991.
...
After deliberation on 26 April 2000 in the presence of: Mrs Aubin, Deputy President of the Judicial Division, presiding; Mrs Moreau, Mr |
İbrahim Kaypakkaya | 6. On 7 January 2008 the Erzurum public prosecutor initiated criminal proceedings against fifteen people, including the applicants, charging them with disseminating propaganda in favour of the TKP/ML, under section 7(2) of the Prevention of Terrorism Act (Law no. 3713). According to the indictment, during the gathering, the second applicant had read out a press declaration containing statements praising the TKP/ML and |
Ali Gastamirov | 143. The Government submitted that on 13 May 2005 the investigating authorities had sent a number of queries to various State bodies in the Southern Federal Circuit in order to establish the whereabouts of |
G. Kuparadze | 21. The lawyer presented the panel of experts with the following questions:
“1. In view of the [forensic] expert reports presented, were the injuries to [the victim’s] body and [through his] clothes inflicted with one or several objects (knives)? 2. How possible is it that |
Hellblom Sjögren | 56. On 29 October 2003, after having held an oral hearing, the County Administrative Court reversed the Social Council's decision and ordered the immediate termination of the care orders. It first observed that the criticism which it had noted already in its previous judgment concerning the investigations and evaluations of the children remained. It then had regard to the report made by Dr |
Abdurakhmon Kayumov | 60. The applicant did not dispute the cell measurements or the number of bunks. He disagreed, however, with the figure given by the Government for the number of inmates. According to him, between February and December 2000 he stayed in cell no. 4-9 that housed 18 to 35 inmates and between December 2000 and May 2004 he was kept in cells measuring approximately 36 sq. m, together with 20 to 40 other detainees. After the new Code of Criminal Procedure came into effect on 1 July 2002, the number of inmates in his cell dropped to between 15 and 25. Given the lack of beds, inmates slept in eight-hour shifts. They waited for their turn sitting on the concrete floor or on a stool if one was available.
In support of his statements the applicant produced written depositions by three former cellmates, Mr |
Visterniceanu | 26. One of the members of the panel of the Supreme Court, Judge D. Visterniceanu, disagreed with the opinion of the majority and wrote a dissenting opinion. He submitted, inter alia, that the first-instance court had failed to address all the submissions made by the applicant company and had illegally examined the case in its absence. Moreover, only one provision of the ANRTI Regulations had been applied, whereas it was necessary to examine the case in a broader light and to apply all the relevant legislation. Finally, ANRTI’s decision of 6 October 2003 contravened its decision of 17 September 2003. Judge |
Ion Anuşca's | 13. The investigation also included a post-mortem psychiatric assessment of the deceased performed by a panel of three psychiatrists. In their first report, dated 19 November 2004, they stated that on the basis of the elements before them it was not possible to state whether Ion Anuşca had been influenced by another person to commit suicide. In their second report, dated 17 December 2004, and following an interview with “Olesea”, they concluded that there was nothing about |
Şiyar Perinçek | 35. During the trial M.N.B. maintained that on the day in question he had been about to go to Adana city centre on his motorbike when the applicant’s son had asked him for a lift. While riding the motorbike towards the city, he had stopped at a set of traffic lights and at that moment a car had hit them and they had fallen to the ground. At the time he had thought that they were about to be robbed and had panicked. Then he had heard gunfire and seen |
Adam Makharbiyev | 8. At about 5 p.m. the car with the three men was stopped for yet another identity check at the checkpoint manned by the OMON from Yaroslavl. The servicemen looked at the police identity card provided by Mr L.M. and asked for the passports of |
Ferrantelli | 22. An important, albeit not decisive, consideration under section 108 of the Administration of Courts Act was also the fact that both counsel for the defence and the assistant advocate had demanded that J recuse herself. Under Article 6 § 1 of the Convention, “the standpoint of the accused [was] important but not decisive”; in this case the “fear” of lack of impartiality by the applicant had been “objectively justified” (see |
the Canadian Consul | 10. At around 3.30 p.m. the same day, following C.H.’s request, the applicant was taken to hospital because of his injuries. He overheard the police officers telling the doctor that he had fallen to the ground. One of the police officers then took the doctor aside and started talking to him in private. The applicant was not given painkillers by the doctor until the Honorary Consul of Canada in Cyprus (“ |
Liliane Bettencourt | 20. The article stated that from this episode and many others, the financial brigade investigators, in a report of 1 December 2008, had concluded that there was “a series of sufficiently strong presumptions that the offence of undue influence [had] been committed by B.”; and that the photographer, for his part, had denounced an “odious attack” on a “world-famous artist”. It ended thus: “the court will rule whether the fortune passed to him by |
Bilal Çoşelav | 6. On 29 December 2003 the applicants’ then sixteen-year-old son, Bilal Çoşelav, was serving a prison sentence in the juvenile wing of Kars Prison when he made an attempt to take his own life by hanging himself in the courtyard. Prison warders arriving at the scene resuscitated him and he was subsequently returned to his prison wing. In a statement taken by the prison governor, |
Yane Sandanski’s | 10. On the morning of 18 April 2004 the organisers of the rally built a stage near the grave and started decorating it. According to them, at about 10.30 a.m. a plain‑clothes police officer, accompanied by two uniformed police officers, approached and told them to stop decorating the stage, as the Mayor’s permission was valid only until 12 noon, and after that they were to leave the area. That statement led to tension, with some of the participants reacting forcefully. After that the rally was allowed to proceed. The Government disputed that assertion. According to them, the rally took place without incident and was attended by more than two hundred foreign guests, including representatives of the embassy of “the former Yugoslav Republic of Macedonia” and a number of Bulgarian and Macedonian journalists. According to the applicants, no other organisations held events at |
Nazime Ceren Salmanoğlu | 7. On the same day, the head of the Anti-Terrorist Branch of the İskenderun police headquarters requested the İskenderun Maternity Hospital to establish Nazime Ceren Salmanoğlu’s virginity status and determine whether she had had recent sexual relations (bakire olup olmadığı ve yakın zamanda cinsel ilişkide bulunup bulunmadığını gösterir kati doktor raporunun verilmesi). The medical expert, S.S., who conducted the examination, noted, on a document of the police, that |
Vakhit Gambulatov | 6. On 28 June 2001 (in the documents submitted the date also referred to as 29 June 2001) Mr Vakhit Gambulatov left home and did not return. The next day the applicant and her relatives learned that on 28 June 2001 Mr |
Abubakar Gulmutov | 64. On 13 November 2008 the applicant asked the investigators to inform her of the progress of the investigation into her son’s abduction and to provide her with access to the case file. In the request, she mistakenly gave the name of her son as |
Giles Van Colle | 26. It was later found by the High Court (as it was disputed) that it was more likely than not that Giles Van Colle made mobile telephone contact with DC Ridley before 17 November 2000 as regards the telephone call of 9 November 2000. DC Ridley accepted that on that date he requested |
Abdulkadir Çelikbilek | 24. At around 7.30 a.m. on 21 December 1994, the Mardin Kapı Police Station was informed by passers-by that a person was lying near the Mardinkapı cemetery in Diyarbakır. Acting on that information, police officers found a body, with its hands tied behind its back. It was lying on top of a rubbish heap near the cemetery. The police found an identity card on the body in the name of |
Ali Vadilov | 25. Thereafter two armed men took Ali Vadilov by his hands and carried him into the courtyard. The first applicant cried and asked them not to take him away, saying that he was disabled. Nonetheless they put |
Blaj Stefan | 17. A report was drawn up concerning the discovery of the offence while being committed. It recorded the sequence of events, the material items identified and the applicant’s replies to questions from the investigators. The applicant’s statements were recorded as follows:
“... When he [the applicant] was apprehended, the public prosecutor ... S.G. asked Dr |
Said-Magomed Imakayev | 124. Marzet Imakayeva, the wife of Said-Magomed Imakayev, the fifth man detained on 2 June 2002 in Novye Atagi, applied to the European Court of Human Rights (see Imakayeva v. Russia, no. 7615/02, 9 November 2006). Within these proceedings the Government first denied that |
Magomed-Emin Kudayev | 61. On various dates in the spring 2004 the investigators sent a number of queries to various district prosecutors’ offices and departments of the interior in Chechnya, asking them to provide information concerning the whereabouts of |
Timerlan Akhmadov | 204. In 2004 the investigators sent a number of requests to the domestic authorities, including military units and detention facilities, in an effort to establish the whereabouts of the Dishnayev brothers and Mr |
Tofiq Yaqublu | 89. The statements of prosecution witnesses, video recordings and other evidence proved that there had been mass disorder in Ismayilli between about 4 p.m. and 5 p.m. on 24 January 2013, that the applicant had been in Ismayilli at that time, and that, together with |
Arbi Karimov | 15. Having taken away Arbi Karimov the servicemen started searching the applicants’ house. There was no electricity and the servicemen used torches. The servicemen took a number of items of the applicants’ property, including a couch, pillows, bed linen and fabrics. They also took a number of personal documents, including the first applicant’s passport and his pensioner’s identity card, and the passports of the fourth applicant, |
the Prosecutor of the Kursk Region | 12. On the following day the applicant and other inmates submitted to the Prosecutor of the Kursk Region applications for the institution of criminal proceedings against B., the head of the correctional colony, colony officials D. and R. and others, on account of numerous instances of ill-treatment of prisoners. Criminal proceedings in case file no. 1519 were instituted against two prison officials, D. and R., on account of the alleged beating of inmate Sh. However, no criminal proceedings were instituted into the applicant’s allegations as set out in his complaint to |
Zbigniew Ziobro | 41. On 12 September 2007 the applicant brought a civil action against Mr Z. Ziobro for infringement of his personal rights under Articles 24 and 448 of the Civil Code. He sought an order requiring the defendant to personally express the following apology on the main national radio and television stations and in four major newspapers:
“I, |
Meral Daniş Beştaş | 510. Mr Abbasioğlu rejected the charges read out to him as groundless, as well as his statement to the gendarmes. He denied the accusations of Mr Güven with whom he had been purportedly confronted, but as he had been blindfolded he had not been able to identify him fully. He had been punched at that moment. He had not acted as a courier for him and had only signed the statements because he had been scared by the screams of Tahir Elçi, |
Ömer Gazi Tekoğul | 136. On 8 January 2001 Mr Rauf Denktaş sent the following letter to the UN Secretary General regarding the alleged abductions of the first applicant and of Mr Tekoğul.
“I understand that letters of protest about the arrest by the Turkish Republic of Northern Cyprus police of one Panicos Tsakourmas [sic], aged 39, while in possession of drugs is being circulated in all directions by the Greek Cypriot leadership. It is alleged that the said Tsakourmas was abducted by Turkish Cypriots in retaliation to “the arrest” by the Greek Cypriot police of Turkish Cypriot |
Muslim Saydulkhanov | 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 |