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Shamkhan Tumayev | 20. On the same day an internet newspaper called “Kavkazskiy uzel” reported as follows:
“Today a considerable number of residents of the village of Valerik gathered at the central square of Achkhoy-Martan, Chechen Republic. They wanted the State authorities to liberate their 22-year-old fellow resident |
Archbishop of | 5. The Ohrid Archdiocese (Охридска Архиепископија), in its original form, existed until 1767, when it was abolished by the Turkish Sultan. As stated by the applicant association, after its abolition the territory over which the Ohrid Archdiocese had jurisdiction, which had included what is now the territory of the respondent State, fell under the jurisdiction of the Ecumenical Patriarchate of Constantinople, which in 1918 issued a canonical release of those territories to the benefit of the Serbian Orthodox Church (SOC). As stated by the Government, in 1943 it was decided that the Ohrid Archdiocese would be restored and continued by an autonomous Macedonian Orthodox Church (MOC). In 1959 the MOC seceded from the SOC, and in 1967 it declared autocephaly. The Head of the Holy Synod of MOC is designated as “ |
Necati Aydın | 97. The Registry office of the Third Chamber of the Diyarbakır Court was located in the basement of the court building, next to the exit door used by police officers to bring detainees in and out. At a later date, officials working at the registry told the witness that |
Ramazan Oral | 14. On 4 June 2001 the public prosecutor initiated criminal proceedings against the applicant under Article 258 of the Criminal Code for resisting the police. In his indictment, the public prosecutor stated that, while the police officers were conducting a search in the applicant’s house, the applicant had assaulted the police officer |
P. Moreover | 36. The Regional Court further upheld the judgments of 13 September and 3 October 2002 in substance. In particular, it found that the District Court had addressed the applicants’ arguments relating to the existence of an objective link between the contested statements and the plaintiff. It had analysed the tile, structure and contents of the impugned article and had correctly found that its last sentence concerned Mr |
Said-Emin Sambiyev | 71. The Government further submitted that although the investigation had failed to establish the whereabouts of Said-Emin Sambiyev, it was still in progress. The authorities took all possible steps to have the crime resolved. The law-enforcement authorities had never arrested or detained |
Mehmet Akan | 142. He said that the Kurşunlu plain was about two kilometres long and 600-800 metres wide. It was flat with three or four sporadic trees. It was completely surrounded by mountains. In the forested area there were oak trees, bushes and rocks. He identified the location shown on two photographs of the places where the bodies of |
Murad Lyanov | 58. On an unspecified date the Information Centre of the Ministry of the Interior notified the investigating authorities that it had no information concerning the whereabouts of T., Islam Dombayev and |
Beslan Dolsayev's | 36. On 3 March 2003 the Zavodskoy ROVD carried out an internal inquiry into the disappearance of Beslan Dolsayev. It was established that he had been kidnapped by “unidentified persons armed with machine guns and wearing camouflage uniform and masks”. |
Seyran Ayvazyan’s | 14. On the date of the incident the Lori regional prosecutor’s office decided to institute criminal case no. 55200706 for attempted murder under Article 104, in conjunction with Article 34 of the Criminal Code (CC), on account of |
Petrov-Popa | 22. The Moldovan Government considered that the Convention responsibility of the Russian Federation continued to be engaged having regard to the latter’s support for the Transdniestrian regime and to the fact that they maintained their troops on the territory of Moldova, in breach of international law, of the OSCE Summit Statements in Istanbul (1999) and in Porto (2002) (see also Ilaşcu, Ivanţoc, Leşco and |
Murat Bozlak | 16. The Constitutional Court referred to Article 11 of the Convention in its judgment and stated that the rights guaranteed in that provision were not absolute and could be restricted in the circumstances listed in Article 11 § 2 of the Convention. It also referred to Article 17 of the Convention, and reached the following conclusion:
“Carrying out activities, by relying on democratic rights and freedoms, against the indivisible unity of the State with its nation is unacceptable. In such circumstances it is the duty and raison d'être of the State to prevent the abuse of these rights and freedoms. Allowing a political party which supports terrorism and which is supported by terrorism to continue to exist cannot be contemplated.
In statements and speeches made on behalf of the People's Democracy Party and in the course of various meetings, the party's general secretary |
The Justice of the Peace | 27. The administrative proceedings concerning each of these applicants were conducted at first instance by the Justice of the Peace of Circuit no. 369 of the Tverskoy District of Moscow. Like the first applicant, they were individually convicted of having breached the procedure for the conduct of public assemblies, an administrative offence under Article 20.2 of the Administrative Offences Code, and had to pay a fine of RUB 1,000 each. During the trial all of them contested the police reports, in particular as regards the time and circumstances of their arrest, and requested the court to call and examine eyewitnesses. |
Rakhmatullayeva | 27. On 24 October 2017 the applicant’s representative, Ms Trenina, informed the Court that she was still in contact with the applicant through his relatives and the lawyer representing him in Uzbekistan, and that he wished to maintain his application. In support of that assertion, she provided the following evidence:
(a) a handwritten note (in Uzbek with a Russian translation) from the applicant’s mother dated 28 September 2017 and addressed to Ms Trenina, which stated that the applicant had expressed his wish to maintain the application during a meeting which he had had with her in the penal colony;
(b) a handwritten affidavit from the applicant dated 12 October 2017 and addressed to Ms Trenina, which stated that he wished to maintain his application, that he had been subjected to ill-treatment during the investigation in Uzbekistan, that he was being detained in inhuman conditions, that he had almost lost his eyesight, and that he had attempted to commit suicide while in detention;
(c) a handwritten affidavit from the applicant dated 12 October 2017 and addressed to Ms Trenina, which described his deportation from Russia and specifically mentioned that he had been in contact with his representatives via telephone throughout the deportation procedure on 30 June and 1 July 2016, and that the law-enforcement agents carrying out the deportation had been repeatedly informed of the indication of the interim measure by the Court, but had chosen to ignore this information;
(d) a report from Ms |
Serdar Tanış | 38. The witness said that he made a statement before the Silopi public prosecutor. He also answered questions by an investigating officer and provided a description enabling an identikit picture to be prepared of the two people who attempted to force |
Ingibjörg Sólrún Gísladóttur | 23. On 10 May 2011 the applicant was indicted, in accordance with the Parliamentary resolution of 28 September 2010:
“1. 1.1 For having shown serious neglect of his duties as Prime Minister in the face of major danger looming over Icelandic financial institutions and the State Treasury, a danger of which he was or ought to have been aware and would have been able to respond to by initiating measures, legislation, general governmental instructions or governmental decisions on the basis of current law, for the purpose of avoiding foreseeable danger to the fortunes of the State. 1.2 For having failed to take initiative, either by taking measures of his own or by proposing measures to other ministers, to the effect that there would be a comprehensive and professional analysis within the administrative system of the financial risk faced by the State because of the risk of financial crisis. 1.3 For having neglected to ensure that the work and emphasis of a consultative group of the Government of financial stability and preparedness, which was established in 2006, were purposeful and produced the desired results. 1.4 For having neglected to take initiative on active measures on behalf of the State to reduce the size of the Icelandic banking system by, for example, advocating that the banks reduce their balance sheets or that some of them move their headquarters out of Iceland. 1.5 For not having followed up and assured himself that active measures were being taken in order to transfer Landsbanki Íslands hf.’s Icesave accounts in Britain to a subsidiary, and then to look for ways to enable this to happen with the active involvement of the State.
The above-specified conduct is deemed subject to section 10(b), cf. section 11, of Act no. 4/1963 [on Ministerial Responsibility], and, alternatively, section 141 of the General Penal Code, no. 19/1940. 2.
For having, during the above-mentioned period [February 2008 – October 2008] failed to implement what is directed in Article 17 of the Constitution of the Republic on the duty to hold ministerial meetings on important government matters. During this period there was little discussion at ministerial meetings of the imminent danger; there was no formal discussion of it at ministerial meetings, and nothing was recorded about these matters at the meetings. There was nevertheless specific reason to do so, especially after the meeting on 7 February 2008 between him, |
Rustam Achkhanov | 63. On 7 March 2004 the fourth applicant lodged with the Military Court of the North Caucasus Circuit (“the circuit court”) a complaint concerning the disappearance of Amir Magomedov, Ali Uspayev, Aslan Dokayev and |
Milan Vučićević | 56. On 23 October 2014 the Constitutional Court rejected the applicant’s constitutional appeal because in its view the decision of the Supreme Court of Cassation could not have been considered as proof of inconsistent case-law of courts ruling at final instance (revizijsko rešenje ne može biti dokaz o različitom postupanju sudova najviše instance).
(ii) Mr |
Mustafa Döleksoy’s | 24. On 11 February 2008 Mr and Mrs Dölek presented another petition to the same prosecutor. They reiterated the suspicions they had voiced earlier about the alleged role of Mustafa Döleksoy’s wife in their son’s death and added that they had suspicions that the wife’s sister had also been involved in |
Klaus Barbie | 10. In his book, the first applicant reconstructed the chronology of events involving the Resistance movements in Lyons in 1943 and took stock of the various archive materials that were available on that period. One of the principal mysteries surrounding this period is the Caluire meeting, an event of particular significance to the history of the French Resistance and a major episode of the Second World War. On 21 June 1943 |
Cheţan Crăciun | 52. The court held that the preliminary investigation had been inadequate:
“We deem that the inadequate manner in which the acts and ... procedures related to the investigation were performed reflect a negative attitude ... The same can be noted regarding the delayed submission of the autopsy reports on the victims ( |
Akhmed Buzurtanov | 72. On 16 December 2012 the investigators again questioned Mr Akhmed Buzurtanov’s friend, police officer M.P., who reiterated his previous statement (see paragraph 67 above), adding that he could show the investigators the place where he had seen Mr |
Ercan Aktaş | 19. In a statement made on 3 or 4 October 1994, a lawyer, Murat Demir, said that he had spoken with Kenan Bilgin, who had informed him that he had been in custody for twenty-two days and that his name had not been entered on the custody record.
|
Ramzan Yusupov | 18. On 30 October 2000 the applicants' relatives wrote to the Urus‑Martan district military commander's office (the district military commander's office) requesting the authorities to conduct an effective investigation into the deaths of Ali Udayev and |
Marvon Mufti | 9. Although he had never been given citizenship or a residence permit in Bosnia and Herzegovina, on 28 December 1995 the applicant obtained a national identity card on the basis of a forged decision of 15 February 1992 granting citizenship to a certain |
Rachid Ramda | 20. Ruling on the criminal charges, the court began by examining the case against the applicant. It found that it could be established with certainty, on the basis of precise and concurring physical evidence, that the applicant had indeed used various false names and aliases which had come up in the course of the investigations, a fact the court described as “beyond doubt and indisputable”. With regard to the GIA’s funding the court, having noted the prosecution’s claims that the applicant had funded the GIA groups which carried out the attacks in France during the second half of 1995, examined the factual evidence in the case file at length and in detail. It observed in particular that, according to one witness who was a GIA member, the organisation’s groups had different specialisations depending on their location, with the London group being responsible for sending funds. The court further noted that the applicant had transferred GBP 5,000 on 16 October 1995, two days before the attack of 17 October 1995. This was established by the statements of the British police officers tasked with keeping the applicant under surveillance and of the staff of the Western Union branch where the transfer had been made, and also by the discovery of the applicant’s fingerprints on the transfer slip kept by the Western Union branch. The court also observed that one of the perpetrators of the attacks, B.B., had stated that the money used in preparing the various attacks had always been supplied by the applicant from London. The court inferred that the facts as a whole “demonstrate[d] that |
Abdurakhman Abdurakhmanov | 20. On 16 July 2010 the first applicant requested the Kaspiysk prosecutor’s office to take additional investigative steps to establish her son’s whereabouts. In particular, she asked them to request information from various detention centres in Dagestan in case Mr |
Roman Bersnukayev | 37. On 11 May 2000 the second applicant received from the district department of the FSB a copy of the order, dated 17 March 2000, concerning the authorities' intention not to institute criminal proceedings against |
Girikhan Tsechoyev | 9. On the evening of the same date police officers from the Sunzhenskiy district department of the interior (“the Sunzhenskiy ROVD”) arrived at the applicant’s house in the village of Ordzhonikidzevskaya, Ingushetia. Having informed the applicant that earlier that day FSB officers had arrested Mr |
Osama Bin Laden | 40. On 27 August 2002, the Acting Head of the AIVD sent a further official report to the national public prosecutor responsible for combating terrorism. This report reads in its relevant part:
“I. The recruitment network
In the exercise of its statutory task, it has appeared to the AIVD from reliable, vulnerable sources, that a network of extremist muslims is active in the Netherlands which is in particular involved in providing material, financial and logistical support and in propagating, planning and inciting to actually using violence for the benefit of the international jihad. The members of this network understand jihad as the armed battle in all its forms against enemies of Islam, including the (for them) unacceptable governments in the Middle East and the United States [of America].
It has been established that the network, in a series of similar activities, is currently preparing and organising in any event two, possibly even more, and for the time being unidentified, jihadists. These persons will travel to a, for the time being unknown, area where the battle is currently actually being held, with the aim of becoming a martyr. The departure of both unidentified jihadists would be imminent.
It can be said in general that currently there is a clear increased activity within the network, which appears to indicate an imminent departure or other covert activities of the network in a very near future.
Investigation has shown that the above network provides support to or forms a part of the Al Qaeda organisation of |
Ayubkhan Magomadov's | 30. On 22 July 2004 the Department for Organised Crime of the Ministry of the Interior forwarded a letter to the Russian Human Rights Commissioner. The letter stated that the criminal case concerning |
Magomed Temurkayev | 9. The second and third applicants are the parents of the first applicant and of Khasan Batayev, who was born in 1979. The fourth applicant is the mother of Zaur Ibragimov, who was born in 1975. The fifth applicant is his wife. The sixth applicant is the mother of |
the Minister of Health | 23. On 8 November 2005 the Zagreb County Court dismissed an appeal by the applicant and upheld the first-instance judgment of 21 May 2003 as rectified by the decision of 12 July 2005. The relevant part of that judgment reads as follows:
“The arguments raised in the appeal are not well-founded, because the first-instance court established the facts of the case fully and correctly, and also correctly applied the substantive law.
Thus, the first-instance court correctly assessed the evidence taken ... and established that the defendant had uttered a series of insults against the plaintiff (all of which were published in the press), whereby he had harmed the honour, reputation and dignity of the plaintiff, as a result of which the plaintiff had suffered severe mental distress ... The first-instance court established this not only from the testimony of witness V.B. but also from the testimony of the defendant himself, who testified that, although the interview published in the newspaper Imperijal entitled: ‘By exposing H.’s machinations I did not set up HDZ’ had not been authorised, he stood by every word published in that article ...
As the first-instance court had established that the defendant had uttered insults against the plaintiff, harming [his] honour, reputation and dignity, it correctly awarded the plaintiff damages for mental distress suffered in the amount of HRK 30,000, according to the criteria set out in section 200 of the Obligations Act.
In particular, in this case the first-instance court, when assessing whether the award was justified, and its level, had in mind [all] the circumstances of the case, which in this case meant that the insults were made against the plaintiff, who was at that time |
“Jan Novotný” | 26. In a judgment given on the same day, the court found the applicant guilty of the unauthorised production and possession of narcotics and poisonous substances, and sentenced him to two years’ imprisonment, as well as expulsion from the Czech Republic for an unlimited period of time. It held that, from January 1996[2] to 23 April 1997, the applicant had been selling heroin in “small envelopes”. He had sold at least twenty “envelopes” of heroin to |
Ibragim Kushtov | 51. On 30 June 2006 the investigators made a request to the head of the Ingushetia police to take steps to identify a man who on around 20 March 2006 had arrived at the applicants’ house and told the fifth applicant that Mr |
Sheshberidze | 159. Mr Z. Sheshberidze explained that the special troops were based not far from Prison no. 5, which they could reach in ten minutes if they ran. On the night in question he and about fifteen of his colleagues had been instructed to defuse the situation in cell no. 88. Unaware of the reason for the disorder, the group had been positioned in staircases near the cell, from where noise and shouting in a foreign language could be heard. The prison governor had entered the cell, but had returned a few minutes later and asked the troops to intervene. They had complied and had performed their task “after encountering limited resistance”. The prisoners had been armed with pieces of metal and missile-like objects made from trousers containing a solid mass. Mr |
Ferhat Tepe | 62. The Chief Public Prosecutor informed the gendarmes and the police of Ferhat Tepe’s disappearance and asked them to verify whether he had been taken into custody for any offence. The Public Prosecutor further instructed that the whereabouts of |
Patrick Finucane | 22. While, according to the applicant, it was claimed by the RUC at the inquest that John Stevens had also investigated her husband's death, the Government state that the inquiry was prompted by events other than the shooting of |
Alikhan Dudayev | 36. On 18 July 2003 the Staropromyslovskiy district prosecutor overruled the decision to suspend the investigation as unlawful and premature. He pointed out, among other things, that the investigators had failed to take basic steps, such as questioning the police officers whom Mr |
Apti Dombayev | 176. At 6 a.m. on 4 November 2002 a blue Gazel minivan arrived at the first applicant’s house in Mesker-Yurt. A group of twelve men in camouflage uniforms armed with machine guns broke into the house. All but two of them were masked; the unmasked men were of Slavic appearance. After searching the house, the men took Mr |
Shchiborshch | 64. On 11 March 2007 the Simonovskiy Inter-District Prosecutor’s Office closed the criminal case on the grounds that the actions of the police officers disclosed no indication of offences under Articles 108 § 2 and 286 § 3 of the Criminal Code. The decision stated, in particular, that as a result of the worsening of Mr |
Alikhan Sultygov | 20. On 17 March 2001 the investigators questioned the wife of Mr Visadi Samrailov, Ms M.S., whose statement was similar to the one submitted by the applicants to the Court. In addition, she stated that along with her husband the servicemen had also arrested Mr |
Sarısaltıkoğlu | 14. On 4 April 1995 the applicants were examined by a doctor at the Istanbul Forensic Department. The doctor found no signs of traumatic lesions on the applicants’ bodies. She noted that Ms Yaşar had complained of pain in her throat and shoulders and Ms |
Bekkhan Bargayev | 61. On 20 August 2005 (or 3 October 2005 according to one document) the investigation was again reopened. The applicants were informed of this. The investigator instructed the local police service to identify and question witnesses to the abduction. On unknown dates the police questioned five persons, who testified that on 14 January 2001 about 15 persons driving an APC, allegedly military servicemen, had entered Novye Atagi and driven |
Shamkhan Shavkhayev | 25. Having threatened the family members with firearms, the men forced the father and the son out of the house and took them away to an unknown destination. Meanwhile, some of the men searched the premises, seized the identity documents of Mr |
Adam Makharbiyev’s | 21. On 28 March 2001 the first applicant again complained to the VOVD about her son’s abduction. She stated that her son and his two cousins had been abducted by Russian military servicemen at the checkpoint located on the road between Urus-Martan and Gekhi, and that some time later |
Bashir Mutsolgov | 24. Following the applicants' complaint about Bashir Mutsolgov's abduction, at about 6 p.m. on 18 December 2003 two law-enforcement officers arrived at the applicants' house. They introduced themselves as the head of the local department of the fight against organised crime (the RUBOP) and the district police officer. The officers interviewed an unspecified number of witnesses to the abduction of |
Jean-Marie Le Pen | 14. In a judgment of 11 October 1999, the Paris Criminal Court convicted the second applicant of defamation and the first applicant of complicity in that offence, taking account, however, of only four of the six offending extracts, namely those on pages 10, 86, 105-06 and 136 of the book. They were each sentenced to pay a fine of 15,000 French francs (FRF) (equivalent to 2,286.74 euros (EUR)) and ordered jointly and severally to pay FRF 25,000 (EUR 3,811.23) in damages to each of the civil parties, together with the cost of publishing an announcement of the judgment.
In its judgment the court found as follows:
“Whether the publication was defamatory:
It should first be noted that, whilst the author chose to write a ‘novel’, as indicated on the front cover of the book, he portrays, along with a number of fictional characters, an actual and living political figure, namely |
Liliane Bettencourt’s | 15. The article referred to various aspects of the case and in particular the very significant gifts made by “the heir of L’Oréal”, for a total of one billion euros, to B. The journalist wrote, quoting the testimony of |
Kazimov Rufan Habil oglu | 8. On 24 September 2008 the Head of the Baku City Executive Authority (“the BCEA”) issued order no. 511 entitled “Concerning Construction of a New Park Complex, Relocation of Residential and Non‑Residential Accommodation from that Area” (Yeni park kompleksinin salınması, ərazidə yerləşən yaşayış və qeyri-yaşayış sahələrinin köçürülməsi haqqında) (“the order of 24 September 2008”). The order of 24 September 2008 reads:
“The Baku City Executive Authority has in recent years taken the appropriate steps in the organisation of renovation projects, which comply with international standards, in the capital of the Republic of Azerbaijan within the framework of the economic development programmes carried out in the Republic, and in this connection, in accordance with the economic development of the city, renovation and reconstruction projects have been continuously carried out in areas which are for the communal use of inhabitants, such as municipal roads, streets and squares, parks and avenues, as well as residential areas.
In accordance with an instruction from the President of the Republic of Azerbaijan, the task of demolishing the buildings located behind Heydar Aliyev Palace (the area bounded by Fuzuli, Samed Vurgun, Shamsi Badalbeyli and Tobchubashov streets) and constructing a new garden-park complex in that area was assigned to the Baku City Executive Authority and it was decided that the compensation due in respect of residential and non-residential premises situated in that area would be paid by the State Oil Company of the Republic of Azerbaijan.
It should be emphasised that, as current legislation has not so far provided rules concerning evaluation in connection with the relocation of dwellings situated in a demolition area and purchased for State needs, there are difficulties in relation to the relocation of the population residing in such dwellings. Moreover, when such relocation is carried out by State bodies, the population overestimates the value of their homes, offering them for a price several times higher than their market value, resulting in additional expense. For these reasons, it was decided that a natural person, namely |
Velkhiyevs’ | 58. On 30 August 2004 investigator A. questioned officer B., the Deputy Head of the Organised Crime Unit. The latter submitted that he occupied office no. 20 on the second floor. Across from him was office no. 17, which belonged to the Second Department of the Organised Crime Unit, headed by officer A. On 20 July 2004 at approximately 5 a.m. he left with other officers to conduct operations aimed at the detention of those responsible for the events of 21-22 June 2004. First they went to Troitskaya village, then to Karabulak and then to Barsuki. There, he and some other officers entered the yard of the |
Isa Dokayev | 57. The Government stated that “according to the information in our possession today, no special operations were conducted in Grozny, Chechnya, on 9-10 December 2002; representatives of the State did not detain |
Apti Isigov | 25. On the same date the applicants also talked to R. Kh., who had attended the same school as Apti Isigov and knew him quite well. He stated that on 3 July 2001 he had seen Apti Isigov and Zelimkhan Umkhanov in a military Ural truck in Assinovskaya. R. Kh. said that he had heard someone asking for water from inside the truck saying that “we have not had any water since yesterday” and when one of the military lifted the canvas to give him some water, the witness had seen two men, one of whom he had immediately recognised as |
De Telegraaf | 16. On 24 January 2006 the Minister of the Interior and Kingdom Relations (Minister van Binnenlandse Zaken en Koninkrijksrelaties) sent a white paper to the Speaker of the Lower House of Parliament (parliamentary year 2005-06, 29876, no. 11). It was stated that the predecessor of the AIVD, the BVD (Binnenlandse Veiligheidsdienst, National Security Service), had undertaken an investigation between 1997 and 2000 into allegations of corruption of public officials by Mink K. but that no such cases of corruption had come to light. It was not yet known how and when classified documents pertaining to this investigation had become known outside the BVD/AIVD, although there was thought to be no leak from within the police or Public Prosecution Service. |
Ronan Brennan | 11. In August 1999 the Youth Court, looking at the applicant's offending history, which included offences of robbery, burglary, theft and arson, considered that it might be appropriate to impose a custodial sentence if he were convicted of the attempted robbery, and committed him for trial in the Crown Court. After committal, the applicant's legal representatives obtained two expert reports. The first report was prepared by Dr |
Ferhat Tepe | 93. The above witnesses were all police officers at the time in Bitlis occupying different functions in different departments, namely anti-terrorism, contraband and traffic. None of the witnesses were involved in the investigation into the disappearance and subsequent killing of |
Musa Elmurzayev | 64. On 15 August 2003 the prosecutor's office of the Chechen Republic quashed the decision of 12 April 2003 as the district prosecutor's office had not taken all requisite investigative measures. The decision stated that, in order to carry out a comprehensive investigation, it was necessary to question the relatives of |
H.-H. Jescheck | 36. The applicant is the first person to be convicted of genocide by German courts under Article 220a since the incorporation of that Article into the Criminal Code. At the time the applicant committed his acts in 1992, a majority of scholars took the view that genocidal “intent to destroy a group” under Article 220a of the Criminal Code had to be aimed at the physical-biological destruction of the protected group (see, for example, A. Eser in Schönke/Schröder, Strafgesetzbuch – Kommentar, 24th edition, Munich 1991, Article 220a, §§ 4-5 with further references). However, a considerable number of scholars were of the opinion that the notion of destruction of a group as such, in its literal meaning, was wider than a physical-biological extermination and also encompassed the destruction of a group as a social unit (see, in particular, |
Yusuf Ekinci | 78. Those questioning Necati repeatedly told him that they would harm Süheyla and strip her naked if he did not cooperate. She was also told by those detaining her to behave herself if she did not want her husband to end up like |
Tamerlan Suleymanov | 66. On 23 June 2011 the investigators questioned Officer Ma. Ma., the head of the Staropromyslovskiy ROVD’s operational-search unit, who stated that on 7 May 2011 officers of the Staropromyslovskiy ROVD had conducted a special operation, as a result of which they had been informed that |
Marius-Romeo | 18. On 11 August 2008, J.V., the applicants’ mother, who was present during the incident, declared that she had seen around twenty or thirty taxi drivers hitting the applicants Mihai and Ionuţ Ludovic Chinez. Then she had seen the two police officers pushing |
Timerlan Soltakhanov | 22. On 5 June 2006 the investigator questioned Mr I.E., a member of a human rights organisation affiliated with the Moscow Helsinki Project Group. The relevant part of his statement reads as follows:
“... At around 12 noon on 7 June 2003 while crossing the centre of Shali near the bus station, I witnessed a group of armed men in camouflage uniforms dragging a wounded young man in civilian clothes to a grey UAZ ... Afterwards, I questioned the eyewitnesses and found out that the armed men had fired at |
Iwaszkiewicz | 12. On 6 August 2004 the Łódź Regional Court dismissed their appeal against the decision of 5 March 2003. The court had regard to the medical experts’ opinions and findings. It held that in the absence of a causal link between Mr |
Artur Akhmatkhanov | 96. The investigating authorities sent numerous requests for information to the relevant State agencies and took other steps to have the crime resolved. The investigation found no evidence to support the involvement of Russian servicemen in the crime. The law-enforcement authorities had never arrested or detained |
Akhmed Buzurtanov | 33. On 20 December 2012 the investigators received a reply from the Counter Terrorism Centre (“the CTC”) of North Ossetia-Alania promising to inform them whether they had any incriminating information on Mr |
Yusuf Ekinci | 55. In a letter of 7 March 1996, the Gölbaşı public prosecutor informed the Ankara chief public prosecutor that, as in his statement of 26 February 1994 Güngör S.E. had mentioned that Murat İ. was related to |
Yelena Leonidovna Lavrentyeva | 5. The applicants are:
(1) Mr Oleg Aleksandrovich Shchukin, who was born in 1962;
(2) Ms Anna Ivanovna Chaplyga, born in 1969;
(3) Ms Marina Ivanovna Stankova, born in 1963;
(4) Mrs Yelena Leonidovna Punt (at the material time |
Victor Rosario Congo | 117. The Inter-American Commission on Human Rights has found that isolation could in itself constitute inhuman treatment, and a more serious violation could result for someone with a mental disability ( |
Ignacio J. Alvarez | 39. On 19 December 2006 the four special representatives on freedom of expression (Mr Ambeyi Ligabo, United Nations Special Rapporteur on Freedom of Opinion and Expression; Mr Miklos Haraszti, OSCE Representative on Freedom of the Media; Mr |
Movsar Tagirov | 13. Meanwhile three armed men forced the applicants back inside the house and threatened to open fire should they attempt to leave it. The applicants obeyed. Having entered the house, the first applicant looked out of the window and observed the armed men leading |
Zelimkhan Isayev | 11. The account of the events described below is based on the information contained in the application form, a written statement by the first applicant made on 28 October 2004, a written statement by the second applicant dated 30 October 2004, a written statement by the fourth applicant dated 23 October 2004 and a written statement by Mr |
Van der Biesen | 16. On 20 February 2002 the applicant's lawyers, Mr Loth and Mr Römer, wrote to the public prosecutor responsible, Ms Hemmes-Boender, complaining about the applicant's treatment leading up to the events of 29 November 2001. It was stated that the acting prison governor, Mr Vocking, had entered the punishment cell with two prison guards, Mr Janga and Mr |
Selvi Artun | 9. The applicants are all Turkish nationals. They were living in Tepsili village at the time of the alleged events giving rise to the present application. In a letter dated 6 July 2001 the applicants’ lawyers informed the Court that one of the applicants, namely Ali Artun, had died on 9 August 2000 and that his heirs |
Turpal Kagirov | 34. The applicants are:
1) Ms Zargan Mukhtarova, born in 1958;
2) Mr Rizvan Shakhgareyev, born in 1978;
3) Ms Tamara Kagirova, born in 1956;
4) Mr Zhamalayla Kagirov, born in 1952;
5) Mr Surkho Kagirov, born in 1985;
6) Mr |
Bajram Baždar | 20. On 25 April 2007 the police provided the NMPPO with a list of prisoners who had been injured on 24 November 2006 and subsequently treated at the Niš Hospital. The following applicants were among them: Mr |
William McCaughey | 16. The investigation did not close and became active again in 1978, when a Catholic priest Father Hugh Murphy was abducted by loyalist paramilitaries intending to use him as a hostage vis-à-vis the IRA. The police arrested a reserve police constable, |
Halit Akdeniz | 51. On 24 January 1998 the commander of the Kulp District Gendarme Headquarters forwarded to the Kulp Prosecutor’s office the names of those persons detained between 20 February 1994 and 10 January 1995. According to this letter, |
Mamed Bagalayev | 81. On 20 October 2005 the investigators questioned Mr R.Sh., who stated that in 2003 he had worked as a driver of a GAZ-53 lorry for the factory. In August 2003 he had learnt that his vehicle had been used by criminals who had committed the murder of |
Azimjan Askarov | 42. The UN Committee against Torture considered Kyrgyzstan’s second periodic report and in December 2013 issued concluding observations (CAT/C/KGZ/CO/2), which read, in so far as relevant, as follows:
“Impunity for, and failure to investigate, widespread acts of torture and ill‑treatment 5. The Committee is deeply concerned about the ongoing and widespread practice of torture and ill-treatment of persons deprived of their liberty, in particular while in police custody to extract confessions. These confirm the findings of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment (A/HRC/19/61/Add.2, paras. 37 et seq.), and of the United Nations High Commissioner for Human Rights (A/HRC/20/12, paras. 40–41). While the Kyrgyz delegation acknowledged that torture is practised in the country, and affirmed its commitment to combat it, the Committee remains seriously concerned about the substantial gap between the legislative framework and its practical implementation, as evidenced partly by the lack of cases during the reporting period in which State officials have been prosecuted, convicted and sentenced to imprisonment for torture (arts. 2, 4, 12 and 16). 6. The Committee is gravely concerned at the State party’s persistent pattern of failure to conduct prompt, impartial and full investigations into the many allegations of torture and ill-treatment and to prosecute alleged perpetrators, which has led to serious underreporting by victims of torture and ill-treatment, and impunity for State officials allegedly responsible (arts. 2, 11, 12, 13 and 16).
In particular, the Committee is concerned about:
(a) The lack of an independent and effective mechanism for receiving complaints and conducting impartial and full investigations into allegations of torture. Serious conflicts of interest appear to prevent existing mechanisms from undertaking effective, impartial investigations into complaints received;
(b) Barriers at the pre-investigation stage, particularly with regard to forensic medical examinations, which in many cases are not carried out promptly following allegations of abuse, are performed by medical professionals who lack independence, and/or are conducted in the presence of other public officials, leading to the failure of the medical personnel to adequately record detainees’ injuries, and consequently to investigators’ failure to open formal investigations into allegations of torture, for lack of evidence;
(c) The apparent practice by investigators of valuing the testimonies of individuals implicated in torture over those of complainants, and of dismissing complaints summarily; and
(d) The failure of the judiciary to effectively investigate torture allegations raised by criminal defendants and their lawyers in court. Various sources report that judges commonly ignore information alleging the use of torture, including reports from independent medical examinations.
... 7. The Committee remains seriously concerned by the State party’s response to the allegations of torture in individual cases brought to the attention of the Committee, and particularly by the State party’s authorities’ refusal to carry out full investigations into many allegations of torture on the grounds that preliminary enquiries revealed no basis for opening a full investigation. The Committee is gravely concerned by the case of |
Ali Mehemi Ali | 27. Meanwhile, on 20 February 1998, the Minister of the Interior had issued an order requiring the applicant to reside in the Rhône département, in a place to be determined by the prefect. It included the following passage:
“Whereas Mr |
Giles Van Colle | 57. Lord Phillips concurred with Lord Bingham, adding that one matter was left unclear by Osman which was the test to be applied when deciding whether the police “ought to have known” of the risk to life. There were at least two possibilities: that they “ought to have appreciated on the information available to them” or they “ought, had they carried out their duties with due diligence, to have acquired information that would have made them aware of the risk”. Lord Phillips considered that the former was the meaning intended but, even applying the latter, there was no valid basis for concluding that the police ought to have known that there was a real and immediate risk to the life of |
Lema Khakiyev’s | 51. On 10 January 2003 residents of the settlement of Michurina complained to the Oktyabrskiy district prosecutor’s office (“the district prosecutor’s office”). Their collective letter stated, inter alia, that their district had been subjected to “targeted sweeping-up operations” (адресные «зачистки») and that four residents had disappeared after the night raids at the end of 2002. |
Servet İpek | 25. Abdülkerim, Nuri and Sait Yolur, who had been taken into custody together with İkram and Servet İpek, were released the next day. They themselves did not speak to the applicant afterwards but informed him through a third person that they had been held together until 10 p.m. the first night with their eyes bound. At 10 p.m. they were separated from İkram and |
Salambek Alapayev | 13. Shortly after the armed men had left, the neighbours gathered at the applicants' house. There they saw that the front door had been forced and that Salman Alapayev was lying on the ground, unconscious and bleeding. Zal.A. and Z.B. immediately went to the local department of the interior and alerted the police officers about the abduction of |
Murat Tekdal’s | 14. According to the crime scene officer’s report, a bullet had entered Murat Tekdal’s abdomen. A cursory examination of the barrel of the hunting rifle found next to the body did not reveal any smell of gunpowder. There were also no fingerprints on the rifle. In a small bag found next to the body there were personal effects such as toothpaste, a toothbrush, a flick-knife, a packet of cigarettes, two sim cards, gloves, a tax‑payer’s identity card and a bank card. Swabs were taken from |
Vincent Lindon | 23. In a judgment of 19 December 1995, the Federal Court of Justice (Bundesgerichtshof) allowed the applicant’s appeal in part, granting her an injunction against any further publication of the photos that had appeared in Freizeit Revue magazine (issue no. 30 of 22 July 1993) showing her with |
Peter Aurelius Bruck | 12. On 29 May 1999 a further article entitled “Techno-Z: the second audit also shows shortcomings in Bruck’s company - How he deceived colleagues – The way Mister ‘Media Professor’ cheated” (Techno-Z: Auch zweite Prüfung zeigt arge Mangel in Brucks Firma – Wie er Mitarbeiter tauschte – So trickste der Herr „Medienprofessor”) stated:
(German original)
„Kein Ende im Skandal um den sogenannten “Medienprofessor” |
Vedran Bernobić | 32. On 20 May 2009 a three-judge panel of the Zagreb County Court extended the applicant’s detention on the basis of Article 102 paragraph 1(3) of the Code on Criminal Procedure (risk of reoffending). The relevant part of the decision reads:
“It is alleged in the indictment that ... in the period between July and September 2008 the third defendant, |
Necmettin Erbakan | 28. The plurality of legal systems proposed by Mr Necmettin Erbakan was nothing to do with the freedom to enter into contracts as Refah claimed, but was an attempt to establish a distinction between citizens on the ground of their religion and beliefs and was aimed at the installation of a theocratic regime. On 23 March 1993 Mr Erbakan had made the following speech to the National Assembly:
“... ‘you shall live in a manner compatible with your beliefs’. We want despotism to be abolished. There must be several legal systems. The citizen must be able to choose for himself which legal system is most appropriate for him, within a framework of general principles. Moreover, that has always been the case throughout our history. In our history there have been various religious movements. Everyone lived according to the legal rules of his own organisation, and so everyone lived in peace. Why, then, should I be obliged to live according to another’s rules? ... The right to choose one’s own legal system is an integral part of the freedom of religion.”
In addition, Mr |
Osama bin Laden | 51. The case of Yassin Abdullah Kadi and Al Barakaat International Foundation v. Council of the European Union and Commission of the European Communities (Joined Cases C-402/05 P and C-415/05 P) (hereinafter “Kadi”) concerned a complaint about the freezing of assets under European Community regulations adopted to reflect United Nations Security Council Resolutions 1267 (1999), 1333 (2000) and 1390 (2002), which dictated, inter alia, that all States were to take measures to freeze the funds and other financial assets of individuals and entities associated with |
Kazbek Vakhayev | 17. On 12 August 2000 the applicants and the other families waited outside the Urus-Martan VOVD all day, but no one was released on that day either. In the evening the applicants left another parcel, the receipt of which |
R. Shkryuba | 14. On 3 July 2003 the Ivanovo Regional Court held an appeal hearing. The applicant's lawyer attended. At the end of the hearing the Regional Court issued a decision upholding the extension order of 9 June 2003. The relevant part of the appeal decision read as follows:
“It follows from the case file materials that the criminal case requires a certain amount of investigative actions for which additional time is needed.
At the same time there are no grounds for change or cancellation of the measure of restraint which was applied to [the applicant]. [The applicant] is charged with a criminal offence which belongs to the category of serious [offences]; [he] has previous convictions [and has had] a suspended sentence; [he] does not have any source of income [and], if released, [he] could pervert the course of justice and abscond.
On the basis of the aforementioned, the court correctly concluded [that it was] possible to extend [the applicant's] detention.
It also follows from the case materials that in the course of the pre-trial investigation [the applicant] concluded an agreement with counsel, Mr |
Aslanbek Khamidov | 8. According to the applicants, Aslanbek Khamidov was arrested in the course of a special “sweeping” operation (зачистка) carried out by the Russian armed forces in the village of Alleroy on 25 October 2000. The servicemen arrested ten other men residing in Alleroy and brought them, together with |
Dmitriy Aleksandrovich Belousov | 17. On 14 March 2000 an investigator from the Koptevo district prosecutor’s office closed the criminal proceedings, finding that there was no case of ill-treatment to answer. The relevant part of the decision read as follows:
“In the course of the investigation it was established that on 14 December 1999, at 1.45 p.m., Kh. and V., on-duty officers from the Koptevo district police department, stopped two persons near house no. ... who resembled persons wanted in connection with telephone message no. 12316. The persons concerned refused to present identity documents and were brought to Koptevo police station for an identity check. At the station one of them identified himself as Mr |
Said-Magomed Debizov | 23. On 2 March 2001 the Shali District Prosecutor’s Office (“the district prosecutor’s office”) informed the third applicant that on 20 February 2001 that office had instituted criminal proceedings (case file no. 23034) in respect of the kidnapping of |
Kazbek Taysumov | 15. On 8 September 2002 investigators from the prosecutor’s office of the Groznenskiy District (“the district prosecutor’s office”) arrived at Molodezhnaya Street and inspected the scene of the incident and the dead bodies. However, no forensic medical examination of the bodies was performed. Instead the investigators suggested that they should take the bodies with them. The applicants refused and buried |
Sorin Apostu | 28. On the same day another article containing excerpts of the applicant’s recorded telephone conversations was published on the website of the newspaper National. It started with the following statement: “Pure coincidence, the excerpts of the telephone conversations offered for publication in the investigation of mayor |
Teodosiy Simeonov | 5. The applicant has been involved in politics since the beginning of the democratic changes in Bulgaria in 1990 and was an activist of one of the major political parties in the 1990s, the Union of Democratic Forces (“UDF”). He played an active role in the UDF’s campaign during the parliamentary elections in April 1997. After the elections, he grew gradually disenchanted with the UDF’s policies and some of its leaders. He was particularly disappointed by Mr |
Zbigniew Ziobro | 32. At the end of its last session on 5 April 2004, the commission adopted its final report, concluding that the applicant had acted alone. Several commission members submitted their own draft reports to the Sejm. After examining it at the plenary of 28 May 2004, the Sejm rejected the commission’s report and expressed its preference for that of the MP |
Suleyman Surguyev | 53. On 15 March 2000 several witnesses were questioned by the investigator. The first applicant stated that on 2 February 2000 armed servicemen from regiment no. 245 of the Ural military circuit had arrived at the school in an IFV with registration number 318. There were twenty women and eight men in the basement, and the servicemen checked the documents of all present. Afterwards, they moved in the direction of the stadium, where a fight had taken place. Some time later the same group returned, forced the men to stand up against a wall and searched them. The group, led by Se., put |