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Ali Khadayev | 78. On 6 February 2007 the investigator questioned S.M., who submitted that from 10 July 2000 to 18 March 2004 he had served as the head of the Urus-Martan ROVD. He did not know either Mr Ali Khadayev or the second applicant. He had never received any written statements on the matter, nor had he made an order to obtain one. He had no information about Mr |
Ali Magomadov | 95. According to the Government, on 23 October 2002 the investigators questioned a son of M.Zh., who stated that on that night his father had been taken away by unknown armed men, who had first checked their documents. M.Zh.'s wife gave similar statements on 23 October 2002. They also specified that they saw Ural trucks and UAZ cars in the street. The same men had taken the family's VAZ-2107 car and an audio player. On 17 September 2003 M.Zh.'s wife was granted victim status. On an unspecified date M.Zh. was also questioned and granted victim status. He stated that on that date a group of about 30 armed men had entered their courtyard, checked their documents and ordered them to lie on the ground in the courtyard. Then he had been blindfolded and placed in a car, together with some other fellow villagers, including his neighbour |
A.M. Stetsenko | 16. The applicant refused to participate in the privatisation of Flat 1 in favour of one of her two grandsons, Mr A.A. Stetsenko. On 23 March 2006 title to the flat was transferred, by way of privatisation, to him. On 30 June 2009 he signed an agreement gifting Flat 1 to his father, the applicant’s son, Mr |
Ramzan Mezhidov | 73. In summer 2001 ten medical records of the wounded on 29 October 1999 were sent from the Urus-Martan hospital for forensic reports. The reports concluded that the injuries –shrapnel wounds, traumatic amputations of limbs, concussion, head traumas – could have been received in the circumstances described by the victims, i.e. during an air strike. Two of the wounded died later and their relatives were granted victim status in the proceedings. One was |
Radoš Mihajlović | 5. The applicants, Mr Slobodan Rakić (“the first applicant”), Mr Živorad Ivković (“the second applicant”), Mr Damjan Šapić (“the third applicant”), Mr Dragan Jevtić (“the fourth applicant”), Mr Darko Glišović (“the fifth applicant”), Mr |
Tovsultanov | 43. On 8 August 2005 the investigators questioned Ms P.M. who stated that at the material time she had been working in a kiosk located on the corner of Pobeda and Rabochaya Streets. However, she had not witnessed the abduction, but from her customers she had learnt that on 14 June 2004 a Chechen man, |
Bilkis Askhabayeva | 10. On 25 November 2004 the military prosecutor's office terminated the proceedings in the criminal case. The decision stated that the investigation had established that on 26 December 2002 military unit no. 23132 had participated in a special operation against illegal armed groups. At about 8 p.m. an illuminating shell launched by a cannon 2C3 No. 221 from the position of the military unit, due to a technical malfunction, had hit the house at 41 Kirova Street in Belgatoy, Chechnya. The death of |
Zalina Mezhidova’s | 15. Immediately after the incident the residents of Komsomolskoye made a video recording of the car. The “Niva” vehicle had been blown up, its windows were missing and there were numerous bullet holes in its frame. There were blood traces on the car doors. |
Sirazhudin Aliyev | 12. On 21 January 2012 the applicants and their relatives complained about the abduction to a number of local law-enforcement agencies, including the Dagestan Public Prosecutor and the investigations department of the Leninskiy district prosecutor’s office in Makhachkala. In their complaints they stated, amongst other things, the following:
“Today, that is to say 21 January [2012], at about lunch time, |
Masud Tovmerzayev | 23. The sixth applicant asked a soldier with Asian features on the hull of the APC where they were going, and he responded that they were going to the military commander's office. The APC drove along and stopped by a house further down the street to detain another person who was not at home. The sixth applicant followed the vehicle to the cemetery at the end of the village and then returned home.
(d) Detention of |
Burhaan Abdullahi Elmi | 23. Mr Burhaan Abdullahi Elmi claims to have been held in very difficult conditions of detention with adult men of various nationalities. In Warehouse 2 and Block B, of Safi Detention Centre, physical conditions were basic and he often lacked the most basic necessities, including clothing, particularly shoes, which were only replaced every four months. Recreational activity was limited, and the yard was taken over by adult males, making it difficult for a young person like him to play with them. Educational activities were virtually non-existent. There was a lack of information, difficulties communicating with the outside world, and obstacles in obtaining the most basic services. Moreover, the centre was overcrowded and lacked protection from abuse and victimisation. Fights often broke out between men of different origins, nationalities or tribes, and he also referred to an episode where he had been beaten up by a fellow detainee. Noting there was no privacy or security, Mr |
Ayndi Bersunkayev | 15. Thereafter the commanding officer ordered his group to leave, having stated that they “had been mistaken” and would not “take anyone or anything”. The officer also ordered Ayndi Bersunkayev to stay inside the house for 10 minutes after the servicemen’s departure, having warned that otherwise a sniper would shoot him. Nevertheless, the applicant’s brother-in-law attempted to follow the military, but they threatened him with their firearms. He returned home and found out that the applicant’s son had disappeared. |
Önder Babat’s | 8. At approximately 8.10 p.m. a second group of police officers from the Beyoğlu police headquarters arrived at the scene of the incident to make a preliminary investigation on behalf of the public prosecutor, who had been notified of the incident by telephone. A sketch was made of the scene of incident and seven sets of photographs were taken. The police noted a 10 x 10 cm stone on the floor approximately 1.80 metres from the blood trail. They considered that the stone might have caused his death by falling on his head from one of the surrounding buildings. They collected the stone and blood samples for the criminal laboratory. In the report drafted by the police the weapon is stated as unidentified. The police left the scene at 9.40 p.m. The officers in charge of the preliminary investigations issued an incident report. It was noted in this report that a hole of 5 cm x 5 cm was found on the upper left side of |
Farhad Aliyev | 46. On 28 September 2006 the investigator issued a new decision bringing formal criminal charges against the applicant. Under this decision, the applicant was now charged with criminal offences under Articles 206.4, 206.3.1, 28/220.1 (preparation to organise public disorder), 278 (actions aimed at usurping State power) and 313 of the Criminal Code. In addition to the criminal offences with which he had already been charged, the applicant was also accused of organising, together with a number of other persons including his brother |
Khasan Yusupov’s | 30. The first applicant submitted that at the end of 2004 Ibragim B., deputy military commander of the district, had brought them 10,500 roubles (RUB) and explained that this was Khasan Yusupov’s salary for three months. In spring 2005 the second applicant received RUB 43,000 at the district military commander’s office, for which she had signed a pay cheque. The servicemen of the military commander’s office told her that it was |
Milkias Mihretab | 8. In 1998, like many other persons, the applicant and his family were displaced from Ethiopia to Eritrea. In Eritrea, the applicant worked as a reporter and photographer, chiefly for the independent newspaper Keste Debena, whose editor-in-chief at the time was Mr |
Mitterrands | 15. On an appeal by the applicant company, Dr Gubler and Mr Orban, the Paris Court of Appeal gave judgment on 27 May 1997. It cleared Mr Orban on the ground that the production and sale of Le Grand Secret did not constitute a separate tort from the one attributable to the applicant company. It also declared inadmissible the action brought by the Mitterrand family in so far as it concerned the protection of President Mitterrand's private life, pointing out in that connection that “the possibility for anyone to prohibit any form of disclosure about [their private life] is only open to the living”. As to the alleged invasion of the privacy of the |
Askhab Konchiyev | 122. On 10 August 2006 the investigators questioned the first applicant, who confirmed the account of the events described above, and who also stated that an acquaintance of hers had seen footage of Mr |
Alikhan Mazhiyev | 140. The next day, the second applicant, together with other relatives, went to a military unit stationed in the village of Dachu‑Barzoy. One of the officers, who introduced himself as Valeriy, informed them that Mr |
Khusein Khadjiev | 54. Having been unable to hear the applicants extradited to Russia (see paragraph 49 above), the Court has used the surnames provided by Ms Mukhashavria and Ms Dzamukashvili for four of them. The name of Mr |
Yakhita Inderbiyeva | 15. In support of her statements, the applicant submitted her own statement dated 22 February 2010; a statement by Ms G.P. dated 29 January 2004; a statement by Mr S.Kh. dated 1 March 2010; a statement by Ms Z.T. dated 1 February 2004, a copy of the witness statement by the applicant’s mother |
Süleyman Can | 104. He knew Serdar Tanış, who had already been to the gendarmerie station in the past. The witness was on duty on 25 January 2001. Serdar Tanış arrived with Ebubekir Deniz. They appeared relatively calm and he spoke with them briefly. They told him that they had come to see the commanding officer |
Artur Akhmatkhanov | 57. On the same date the investigators questioned Ms R.G., who stated that at about 10 a.m. on 2 April 2003 she had seen a group of armed men in camouflage uniforms; the men had been of Slavic appearance and had been in APCs. They cordoned off her street along the perimeter of the former medical storehouse. Then she had seen the men beating and forcing her neighbour |
Orhan Ertaş | 33. On 28 December 1994 the State Security Court tried the case in the absence of the defendants as well as of the applicant and her sister. The prosecution submitted that the applicant and her sister had only heard their father state the names of the accused but that there was no other evidence supporting their account. The prosecution argued that, in these circumstances, the accused should be given the benefit of the doubt and acquitted. By judgment of 28 December 1994 the State Security Court unanimously acquitted Ali and |
Hamayil İnan | 16. In August 1998 and January 1999, Meryem Çelik, Zübeyda Uysal, Misrihan Sevli, Emine Çelik, Fatma Şengül, Besna Sevli, Hanife İzci, Hamayil İnan, Kimet Şengül and Hazima Çelik made statements before the Şemdinli public prosecutor, through interpreters, as they did not speak Turkish. They all maintained that, following the security forces’ arrival at the hamlet, they had been forced to gather in the main square, whereupon the men of the village had been beaten. They stated that they did not know the reason why the security forces had come to the hamlet. They alleged that the security forces had illegally confiscated their belongings, such as money and jewellery, and had destroyed their houses. They further contended that a gendarmerie officer named Fatih had killed Kerem İnan and that seven men had been taken away by soldiers. |
Rosen Stoyanov | 26. Chief Sergeant P., who had been on board the helicopter, was questioned on 29 May 1998. He explained that he had seen Mr G.'s head pass about 20 centimetres from the helicopter's left rear tyre and then Mr |
V. Gladõšev | 12. The applicants challenged the decisions of the Estonian social security authorities to suspend the payment of the Estonian old-age pension (in the case of Mr V. Gladõšev – invalidity pension). Arguing that they had been discriminated against and that their property rights had been violated, they lodged complaints with the competent administrative courts against the individual decisions of the Estonian social security authorities. They requested that the courts order the social security authorities to resume payment of the pension. Their complaints were dismissed in separate administrative court proceedings by the administrative courts and courts of appeal. In the case of all of the applicants, with the exception of Mr |
Ayndi Bersunkayev | 13. The servicemen searched the house and found Ayndi Bersunkayev’s old hunting rifle, which was damaged and unfit for shooting. They seized it without furnishing the applicant’s brother-in-law with any relevant document. Thereafter the officer in command of the group told |
Khamzat Merzhoyev | 113. The Government produced copies of another twenty accounts given by the applicants' neighbours between December 2003 and May 2004. Sixteen neighbours gave a similar account of the events to that given by Mr S.-A.I., Mr B.G. and Mr A.Ya. Two neighbours questioned on 17 December 2003 added that the intruders had battered |
Müslüm Gündüz | 11. It appears from the evidence before the Court that the programme started late in the evening of 12 June and lasted about four hours. Relevant excerpts from the programme are set out below.
Hulki Cevizoğlu (presenter – “H.C.”): “Good evening ... There is a group that is grabbing public attention because of the black robes [cüppe] worn by its members, the sticks they carry and their habit of chanting [zikir]. How can this group be described – it is called a sect [tarikat], but is it really a community or group? We will be discussing the various characteristics of this group – the Aczmendis – with their leader, Mr |
İbrahim Akan’s | 55. At the hearing of 13 June 2000 the public prosecutor requested the conviction of the accused as charged. The lawyer of some of the accused requested additional time to submit his defence on the merits. In order not to delay the proceedings any longer, the court decided to annul the interim order to remove the bullet from |
Mikhail Klimov | 16. On 26 March 2012 the iBryansk.ru news portal published an article on its website about a meeting between Mr Timoshkov and representatives of the Ministry of Emergency Situations, the Bryansk prosecutor, the head of the Bryansk Administration and |
Şuayip Tanış | 151. On 20 May 2003 Şuayip Tanış asked the President of the Siirt Assize Court to review that decision and again alleged that death threats had been made. His application was dismissed on 19 January 2004 on the ground that there was no evidence in the file to show that the accused had threatened |
Haapalainen | 12. On 9 January 1996 Pohjalainen published a second article by the applicant entitled: “A position of responsibility never goes with alcohol” (Vastuullinen työ ja alkoholi eivät koskaan sovi yhteen). It contained interviews with the Chief Physician of the Helsinki University Hospital and a Chief Controller of Finnair and discussed the need for surgeons and pilots to be sober and also otherwise in an appropriate condition in order to perform their tasks. The article made no reference to the previous article, nor did it mention Mr or Mrs |
Starokadomskiy | 9. According to the applicant, Cell 243 was constantly overcrowded. It was designed for two inmates but actually housed four persons. He referred to the Court’s findings in respect of the same cell in the case of |
Ibragim Makhashev | 91. On an unspecified date the investigators charged Mr M.Sh. with inflicting bodily harm of moderate severity on the first applicant as a result of the stabbing at what they termed the concert hall on 14 November 2004. During the trial the actions of Mr M.Sh. were redefined by the court as inflicting minor bodily harm, which fell within the scope of private prosecution. The applicant, Mr |
Caferi Sadık Gökçe | 10. On 21 March 1995 the applicants were examined by a medical expert from the Istanbul Forensic Medicine Department, who reported that there were no signs of injury on the applicants’ bodies. The doctor noted that |
Necati Aydın | 22. Ms Yasemin Aydın, a relative of the applicant’s husband who, as president of the Patriotic Women’s Association, was politically active on behalf of Kurdish women, was also detained and was tortured during her detention. This torture included hanging, beatings, electric shocks, insults and threats of rape. During her detention she was asked questions about the activities of |
Abdullah Öcalan | 11. The supporters signed a declaration. The declarations were then collected and handed over in large numbers to parliaments, administrative bodies and courts. The content of the largely identical declarations was as follows:
“Self declaration (Selbsterklärung)
“I also am a follower of the PKK” (“Auch ich bin ein PKK'ler”)
As the Kurdish people has been denied its basic right to life, it has had no choice but to take up arms. After twenty years of war, our national leader, |
С. Янкулова | 26. Decisions under the above provisions were subject to judicial review (section 79). In its almost constant case‑law under section 76(2) between 2000 and 2010, the Supreme Administrative Court held that the courts did not have jurisdiction to review the manner in which the authorities had exercised their discretionary power to assess the need for such measures, and could verify only whether the prerequisites under section 76(2) – conviction and lack of rehabilitation – were in place (реш. № 7074 от 22 ноември 2000 г. по адм. д. № 1067/2000 г., ВАС, ІІІ о.; реш. № 4244 от 29 юни 2000 г. по адм. д. № 2634/2000 г., ВАС, ІІІ о.; реш. № 4987 от 20 юли 2000 г. по адм. д. № 2922/2000 г., ВАС, ІІІ о.; реш. № 7727 от 17 октомври 2001 г. по адм. д. № 1760/2001 г., ВАС, V о.; реш. № 5030 от 29 юни 2001 г. по адм. д. № 3512/2001 г., ВАС, V о.; реш. № 7172 от 28 септември 2001 г. по адм. д. № 7968/2000 г., ВАС, ІІІ о.; реш. № 9375 от 7 декември 2001 г. по адм. д. № 6604/2001 г., ВАС, V о.; реш. № 9663 от 31 октомври 2002 г. по адм. д. № 4315/2002 г., ВАС, петчленен състав; реш. № 10819 от 2 декември 2002 г. по адм. д. № 6100/2002 г., ВАС V о.; реш. № 4086 от 24 април 2003 г. по адм. д. № 1587/2003 г., ВАС, петчленен състав; реш. № 8729 от 2 октомври 2003 г. по адм. д. № 4354/2003 г., ВАС, петчленен състав; реш. № 6360 от 6 юли 2004 г. по адм. д. № 10646/2003 г., ВАС, V о.; реш. № 3167 от 11 април 2005 г. по адм. д. № 8361/2004 г., ВАС, V о.; реш. № 9883 от 11 ноември 2005 г. по адм. д. № 3562/2005 г., ВАС, V о.; реш. № 1203 от 1 февруари 2006 г. по адм. д. № 7226/2005 г., ВАС, V о.; реш. № 7840 от 12 юли 2006 г. по адм. д. № 1722/2006 г., ВАС, V о.; реш. № 5721 от 6 юни 2007 г. по адм. д. № 2389/2007 г., ВАС, V о.; реш. № 11504 от 21 ноември 2007 г. по адм. д. № 8005/2007 г., ВАС, V о.; реш. № 435 от 14 януари 2008 г. по адм. д. № 9455/2007 г., ВАС, V о.; реш. № 11568 от 3 ноември 2008 г. по адм. д. № 8430/2008 г., ВАС, V о.; реш. № 7099 от 1 юни 2009 г. по адм. д. № 14157/2008 г., ВАС, V о.; реш. № 15106 от 10 декември 2009 г. по адм. д. № 7052/2009 г., ВАС, V о.; реш. № 16059 от 28 декември 2009 г. по адм. д. № 7840/2009 г., ВАС, V о.; реш. № 16147 от 29 декември 2009 г. по адм. д. № 7284/2009 г., ВАС, V о.; реш. № 5535 от 28 април 2010 г. по адм. д. № 16321/2009 г., ВАС, VІІ о.; реш. № 8688 от 25 юни 2010 г. по адм. д. № 939/2010 г., ВАС, VІІ о.). In two judgments in 2000 and 2001 the Supreme Administrative held that, while having discretion in the matter, the authorities could not just rely on the fact of the conviction, but had to in addition give specific reasons for their decision to prohibit the persons concerned from leaving the country (реш. № 4488 от 7 юли 2000 г. по адм. д. № 2613/2000 г., ВАС, ІІІ о.; реш. № 8727 от 20 ноември 2001 г. по адм. д. № 6533/2001 г., ВАС, петчленен състав). Very recently, in August 2010, in a case in which the majority of the panel examining a case maintained the view that the authorities' discretion to impose such measures was unreviewable, a judge dissented, saying that in view of the requirements of Directive 2004/38/EC (see paragraph 28 below), such measures should be subjected to a strict proportionality assessment, in line with the principles developed by the European Court of Justice. She also expressed the opinion that section 76(2) ran counter to Article 27 of that Directive (реш. № 10449 от 13 август 2010 г. по адм. д. № 1609/2010 г., ВАС, VІІ о., особено мнение на съдия |
Suleyman Surguyev | 47. On 7 March 2000 the Itogi magazine published an article about “filtration points” where individuals whom the federal authorities suspected of being linked to illegal armed groups were taken. It was accompanied by a picture of four men detained in a pit guarded by two armed servicemen. The applicants identified them as |
Tom Vidar Rygh | 36. On the other hand, under Article 253 of the Penal Code, which required only a simple majority, the High Court declared the following two statements, published respectively on the front page and on page 3 of the 8 June 2000 issue (see paragraphs 12 and 13 above), null and void:
“Permanent residence requirements: In the worst–case scenario [H.K.] may be forced to sell her property at Hvasser [an island next to Tjøme]. The same applies to Orkla director |
Ramazan Umarov | 37. On 24 May 2007 the investigators questioned Mr Ma.Ma. who stated, amongst other things, that on 28 April 2007 he had received a phone call from his cousin Mr S.S., who had told him that he was about to be arrested by police, who were surrounding the building he was in, and that he was in the flat with Mr M.R. and Labaz ( |
Hacı Mehmet | 172. Approximately 15-20 days after Gümüşsuyu had been burned, soldiers arrived on foot with the Orhans. Practically all of the village saw them. The party stopped to rest near the village cemetery. They gave water and cigarettes to the Orhans and to the soldiers. The Orhans were free to move around and were not handcuffed. The witness, |
Lecha Basayev | 18. After that, early in the same morning, the sixth applicant and the first applicant's son went to the head of the village administration. He told them that he would go to Urus-Martan and would find out who had taken |
Abdülhakim Güven | 164. On 27 or 28 December 1993 he was interrogated and accused of assisting a certain Rıza Altun to make contact with the PKK, which organisation the latter then joined. The applicant denied the allegation. He was told that |
Ramzan Shaipov | 71. In June 2004 the investigator questioned several witnesses. In particular, the applicants’ neighbour, Ms L. A., stated that on 8 May 2004 at about 11 p.m. servicemen had broken into her house and searched it. They had told her that they were looking for “Ramzan”, but she had replied that nobody with that name lived at her house. Later, she had learnt that the servicemen had abducted Mr |
Tassos Isaak | 17. Statement of Garda Pauroic O’Reilly, from UNFICYP:
“... A large crowd of people had gathered at this stage and the crowd was hostile. ... At this stage the crowd of people were making efforts to break through the barrier. The crowd were also throwing stones and other missiles at the UN personnel. They were advised on several occasions not to enter the buffer zone. A number of people then broke through the barrier and stated they wanted to lay a wreath where |
De Getrouwe | 82. The youth had become angry again at 9 p.m., when Ms Boujedaine had terminated the conversation. Ms Boujedaine had then locked up Nancy’s cash register and secured the tray. She had seen him and Nancy leave at around 9.30 p.m., on the scooter on which he had arrived earlier.
(j) Mr |
John Hemsworth | 25. The Coroner was advised by the Crown Solicitor’s Office that all documentation in relation to Private G was destroyed in August 2009. The Coroner ordered the PSNI to prepare a paginated and indexed bundle of all material held by them in relation to the death of |
Levon Gulyan’s | 42. On 21 July 2008 the Criminal Court of Appeal dismissed the prosecutor’s appeal and upheld the findings of the District Court. It further added that the investigation had been flawed and based on only one premise, that of |
Vančo Mihajlov | 22. The petitioners noted that all the Association’s documents bore the flag of Vančo Mihajlov. They continued:
“The Association promotes Vančo’s (meaning Ivan Mihajlov’s) ideology for a change in the national conscience of the Macedonian people in favour of another one, which destroys the Macedonian national texture and leads to the encouragement of and incitement to national hatred and intolerance. The Association rehabilitates and legalises terrorism and fascism as crucial characteristics of the work of Hitler’s collaborator |
Abdullah Aşan | 48. Abdullah Aşan complained that a truncheon had been inserted in his anus and, in the course of his medical examination, tenderness had been identified on his calf and thigh. However, this point was not clarified by physical and psychological examinations. The finding that he had difficulty in moving his arms and shoulders could have resulted from the “hanging by his arms”, mentioned in the petition. Having regard to the medical findings and the allegations, and in the absence of an adequate examination, it was considered that |
Pyrgiotakis | 29. On 19 January 2009 the applicant lodged a constitutional complaint with the Federal Constitutional Court. He complained, in particular, that the judgment of the Regional Court, confirmed by the Federal Court of Justice, had breached his right to a fair trial under the Basic Law. He had been unduly incited by the prosecution authorities to commit the offences he had later been found guilty of. Therefore, the evidence obtained by police incitement should have been excluded at his trial (he referred to the European Court of Human Right’s judgment in the case of |
Mehmet Kışanak | 13. As regards Mehmet Kışanak, the doctor observed swellings and erythemas on the upper part of the back, underneath the chin and around the nose and mouth as a result of blows. He further noted an erythema on the applicant's right leg. The doctor concluded that the injuries rendered |
Yusuf Bozkuş | 16. The applicant and her family lived in the hamlet of Beğendik in the Yolçatı village. On the night of 12 May 1994 the applicant was at home with her family. At about 11 p.m. they heard gun fire near their house. It continued until 5 a.m. In the morning of 13 May, the applicant’s brother in-law, |
Ramzan Mandiyev | 31. After that a Ural lorry without a registration number arrived at the house. The servicemen told the Abubakarovs that they were taking Lom-Ali for an identity check and that in about three hours he would return home. They put him in the lorry and drove away.
(g) Apprehension of |
Apti Elmurzayev | 8. At the material time several members of the Elmurzayev family lived at 23 Krasnoarmeyskaya Street in Martan-Chu. Their household consisted of three separate buildings with a common courtyard. Musa Elmurzayev's and the first applicant's families each occupied one building. |
Eynulla Fatullayev | 10. On the same day the applicant was present at the hearing held in the Yasamal District Court as part of the criminal proceedings instituted against Eynulla Fatullayev, the editor-in-chief of the Gündəlik Azərbaycan newspaper. Following the hearing, the Yasamal District Court convicted |
Said-Magomed Debizov | 9. The first and second applicants are the mother and father of Said-Magomed (also spelled Said-Magomet) Abazovich Debizov, born in 1967. Both applicants retired and lived at 40 Arsanova Street. The first applicant suffers from epilepsy and diabetes and the second applicant had advanced tuberculosis (he died in April 2004). Their son |
Joseph Stalin | 18. On 5 March 1940 the Politburo of the Central Committee of the USSR Communist Party considered the proposal and decided as follows:
“I. Instructs the NKVD USSR as follows:
(1) the cases of the 14,700 persons remaining in the prisoner-of-war camps (former Polish army officers, government officials, landowners, policemen, intelligence agents, military policemen, settlers and prison guards),
(2) and the cases of the persons arrested and remaining in prisons in the western districts of Ukraine and Belorussia, numbering 11,000 (members of various counter-revolutionary espionage and sabotage organisations, former landowners, factory owners, former Polish army officers, government officials and fugitives), are to be considered in a special procedure, with the sentence of capital punishment – [execution by] shooting – being imposed.
II. The cases are to be considered without the detainees being summoned or the charges being disclosed, and without any statements concerning the conclusion of the investigation or the bills of indictment being issued to them, in the following manner:
(a) the persons remaining in the prisoner-of-war camps: on the basis of information provided by the Directorate of Prisoner-of-War Affairs, NKVD USSR,
(b) the persons arrested: on the basis of information provided by the NKVD of the Ukrainian SSR and the NKVD of the Belorussian SSR.”
The decision was signed by |
K. Dadashov | 48. On 18 February 2003 the applicant's lawyer made another request for a medical examination. This request was repeated on 27 February 2003. By a letter of 6 March 2003, the Head of the Medical Department of CDECJ, Mr |
Adam Didayev | 23. On 25 February 2002 the prosecutor's office of the Urus-Martan District (“the district prosecutor's office”) instituted a criminal investigation into the disappearance of Beslan Khutsayev, Movsar Khutsayev and |
Tevfik Akbay | 27. At the same hearing the court heard the non-commissioned officer Ali Kılıç. Mr Kılıç had been on duty at the Gendarmerie Command in Kutlubey on the day of the incident. He stated as follows:
“I have been serving at the Kutlubey Gendarmerie Command for one and a half years. Kutlubey is a big village. I know the accused village guards. They are from Kutlubey and they support the State. We perform our duties together. I remember the day [of the incident]. I was keeping guard at night because we were expecting an attack. ... I was with three other soldiers and three village guards. The names of the village guards were |
Ramzan Shaipov | 57. On 8 May 2004 at about 11 p.m. a convoy of vehicles, including two APCs (one of which had the registration number 233), a UAZ “tabletka” minivan, two NIVA cars, four VAZ cars and a GAZEL minivan, arrived in the neighbourhood. Several groups of up to fifteen armed, masked servicemen in camouflage uniforms got out of the vehicles and stormed into the applicants’ and Mr |
Osama Bin Laden | 31. The first applicant and his representatives were served with the Secretary of State’s “open” material, including a police report which showed that large sums of money had moved through the four bank accounts in his name. SIAC and the special advocate instructed on behalf of the first applicant were in addition presented with “closed” evidence. Assisted by an interpreter, the first applicant gave oral evidence to SIAC and called one witness to testify to his good character. He also filed four medical reports concerning his mental health. SIAC observed in its judgment of 29 October 2003:
“We are acutely aware that the open material relied on against the Applicant is very general and that the case depends in the main upon assertions which are largely unsupported. The central allegation is that he has been involved in fund-raising and distribution of those funds for terrorist groups with links to al-Qaeda. It is also said that he has procured false documents and helped facilitate the movement of jihad volunteers to training camps in Afghanistan. He is said to be closely involved with senior extremists and associates of |
Shamani Inderbiyeva | 77. The Government submitted that although the investigation had failed to establish the perpetrators of the murder of Shema and Shamani Inderbiyeva, the proceedings were still in progress. The information gathered by the investigators demonstrated that the applicant’s sisters had been killed by unidentified persons and that “it cannot be seen from the case file that Shema and |
Anzor Barshov | 27. In June 2006 the applicant Larisa Barshova submitted to the investigators a handwritten note, allegedly given to her by a man who had been released from prison and who had identified her son, Anzor Barshov, from a photograph. The investigation had not located the man. The note said that |
Mayrudin Khantiyev | 61. On an unspecified date the investigators questioned Mr Z., who had held at the time of the incident the post of military commander of the Staropromyslovskiy district. He submitted that on 4 December 2000 he had learnt from the residents of house no. 269 at Ugolnaya Street that unidentified persons had taken |
Sayd-Ali Sharshuyev | 54. At about 7.30 a.m. on 20 July 2003 several armed servicemen in camouflage uniforms, some of whom were in balaclavas, arrived in VAZ‑21099 and UAZ vehicles at the tenth applicant’s house in Avtury, Chechnya, searched the premises and took Mr |
Chebotarev Sergey | 14. The applicant and his lawyer sought a supervisory review of the conviction. Following a round of unsuccessful complaints, their request was accepted. On 14 August 2009 the Registry of the Orenburg Regional Court sent letters to the applicant and his lawyer informing them that a hearing had been scheduled before the Presidium of the Regional Court on 31 August 2009. The letters indicated that the parties were free to attend the hearing, but that their absence did not preclude the examination of the matter. The Registry also forwarded to the applicant’s correctional colony a copy of a printed statement which was to be signed by him and returned to the court as soon as possible. The statement, in so far as relevant, read as follows:
“I, |
Oleksandr Lanetskyy's | 31. On 1 September 2006 the Kherson Regional Court of Appeal modified that judgment. It found that the final medical expert assessment should take precedence and that there was no direct causal link between A.Y.'s actions and |
Tansu Çiller | 98. This Report contained statements made by Doğu Perinçek, the leader of the Workers' Party (İşçi Partisi), who alleged that Tansu Çiller has set up an organisation comprising MİT members, police officers and members of the “Grey Wolves” (Ülkücüler)[3]. This organisation, known to its about 700 members – amongst whom |
Grigolashvili | 39. On an unspecified date the applicant complained to the Oktyabrskiy District Court of Saint-Petersburg about the refusal of the investigative authorities to carry out face-to-face confrontation with Mr |
Vincent Lindon | 13. The first photo shows her canoeing with her daughter Charlotte, the second shows her son Andrea with a bunch of flowers in his arms.
The third photo shows her doing her shopping with a bag slung over her shoulder, the fourth with |
Hrvoje Šikić | 5. On 13 November 2001 the Vukovar State Attorney's Office (Općinsko državno odvjetništvo u Vukovaru) indicted the applicant in the Vukovar Municipal Court (Općinski sud u Vukovaru) of the criminal offence of abuse of position and authority (zlouporaba položaja i ovlasti). On 11 December 2001 a representative of the State Attorney's Office withdrew the charges against the applicant, stating that the facts of the case did not show that the applicant had committed any criminal offence liable to public prosecution. Hence, the Municipal Court dismissed the charges against him on 11 December 2001. The relevant part of this judgment reads as follows:
“In respect of the defendant |
Pyatkov Yu.A. | 7. On 25 November 2006 he was charged with large-scale drug trafficking committed in conspiracy with other drug dealers. On the same date Leninskiy District Court (Ufa) examined the investigator’s request to remand the applicant in custody. The court held as follows:
“Mr |
Ramzan Babushev | 35. On 4 February 2004 the military prosecutor's officer of the UGA informed the first applicant that her complaint had not disclosed any information demonstrating the involvement of the Russian military forces in the abduction of |
Arbi Yusupov | 36. On 11 June 2008 the investigators again questioned the applicants’ relative, Mr A.T., who reiterated his previous statement. He added that at some point in 2004 he and the applicants had obtained information that Mr |
Isa Aygumov | 79. On 25 November 2009 the Chechnya MVD informed the investigators that they had not conducted any special operations on 9 January 2002 in Avtury and that they did not have any information as to whether |
Zarema Gaysanova | 31. Between February and May 2010 the investigators also questioned construction workers Mr A.Yu.Zh., Mr A.A.D., Mr A.V.L., Mr B.I.B and Mr A.Yu.A., all of whom confirmed that since the end of 2009 they had been doing repair work on the applicant’s house where Ms |
Mayrudin Khantiyev | 23. On 27 December 2000 the Grozny town prosecutor's office (the town prosecutor's office) instituted an investigation into the abduction of Mayrudin Khantiyev under Article 126 § 1 of the Criminal Code (kidnapping). The case file was given the number 12368. The decision stated that, having examined the materials of the inquiry opened following the third applicant's complaint, the town prosecutor's office had established that on 4 December 2000 at about 6.10 a.m. unidentified persons in masks and camouflage uniforms had abducted |
the Minister of Finance | 11. The proceedings ended with a final judgment of the Supreme Court of Cassation of 27 May 2005. The courts allowed the plaintiffs' claims, finding that the contract whereby the applicant's grandparents had acquired the apartment had been null and void since the sale had not been approved by |
Seyran Ayvazyan | 17. On 11 April 2006 An.A., one of Seyran Ayvazyan’s four sisters, was granted victim status in the instituted criminal proceedings. This decision indicated that, as a result of a crime, physical damage, namely death, had been inflicted on |
Aset Yakhyayeva | 30. By a letter of 13 March 2002 the Department of the Federal Security Service in the Chechen Republic (“the Chechen Department of the FSB”) informed the first applicant that the Department’s officials had not arrested |
Hasip Yılmaz | 21. On the same day an on-site examination was conducted by the Bismil public prosecutor together with a doctor. According to an onsite body examination, it was established that both legs were severed as a result of the explosion. No other signs of injury were observed on the dismembered body. The doctor decided that it was unnecessary to conduct a full autopsy on the body. Cavit's corpse was then given to Mr |
Tofig Yagublu | 13. On 29 January 2013 the Prosecutor General’s Office and the Ministry of Internal Affairs issued a further joint press statement concerning the events in Ismayilli. It stated that ten people had been charged with criminal offences in connection with the events of 23 January 2013 and they 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 these events which were the result of hooliganism”, including information about the large numbers of injured people and the disappearance of one individual. The statement refuted that information, highlighting 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 enquiries, it has been established that on 24 January 2013 the Deputy Chairman of the Musavat Party, |
V. Khaustov | 17. Thirty-two high-ranking police officers, including eight major-generals, two military commanders and one emergency-relief official, were appointed to the operational headquarters. The Deputy Police Chief of the Moscow Department of the Interior, Police Major-General V. Kozlov, was appointed as head of the operational headquarters; the Chief of the Special‑Purpose Operational Centre of the Moscow Department of the Interior, Police Major-General |
Abdullah Öcalan | 19. Mr Ateş was the chairman of the youth commission of HADEP. On 24 December 1998 the İzmir State Security Court found him guilty on two counts of spreading separatist propaganda, in breach of section 8 of the Prevention of Terrorism Act, in two speeches he had given earlier that year. In his speeches the applicant had advocated recognition of the Kurdish identity, and argued that the Kurds in Turkey were being suppressed by those ruling the country. He had also stated that the ceasefire declared by |
Islam Chagayev | 25. On 6 March 2002, at around 1.30 p.m., the same servicemen who had detained Mr Amir Pokayev entered the Chagayev family house. They requested all the men to go outside. Then the military took Mr Islam Chagayev’s documents and escorted him into the street. The fourth applicant’s sister attempted to obstruct the detention of Mr |
Adlan Ilayev | 7. The applicants represent four related families. The first applicant is the mother of Inver Ilayev, who was born in 1982. The second and third applicants are his sisters and the fourth applicant is his brother. The fifth applicant is the mother of |
Mmes Beştaş | 60. On 23 November 1993 when leaving the Diyarbakır State Security Court around midday, Mr Erten was apprehended by gendarmes, who refused to draw up a report on this in the presence of witnesses. An “apprehension and search report” was drafted later, which he alleged was unlawful. He gave all his belongings and documents to a trainee lawyer. The gendarmes took him to the Diyarbakır provincial gendarmerie command where he was questioned about his reasons for taking political cases. The applicant replied that as a lawyer it was his duty to do so, and that not all his cases were political. He claimed that he was made to strip naked, abused, insulted, kicked and slapped. His colleagues - MM. Elçi and Çem and |
Lema Dikayev's | 88. On 11 June 2007 the investigators questioned Mr A.Sh., Lema Dikayev's neighbour, who stated that on the night of the abduction at about 2 a.m. he had heard a car engine. He had gone to his gate when an armed masked man in camouflage uniform had appeared in front of him. The man had pointed his machine gun at him and ordered to get inside. According to the witness, at that moment he had seen a group of five to six armed men in masks and camouflage uniforms walk by his house in the direction of Pochtovaya Street. The witness had got scared and gone inside where he stayed until the morning. Early in the morning he had found out from Mrs S.D., |
Rizvan Tatariyev | 42. The Government in their first set of observations did not dispute most of the facts as presented by the applicants. They stated that it had been established that at about 4 a.m. on 22 December 2001 unidentified armed men wearing masks had taken |
Ruslanbek Alikhadzhiyev | 37. From the documents disclosed by the Government it can be seen that on 1 August 2005 the applicant complained about the abduction of her husband to the Ombudsman of the Russian Federation and that on an unspecified date in August 2005 her further complaint about his abduction was received by the President of the Chechen Republic. In both applications the applicant submitted that she had previously complained about the kidnapping of |
Amirkhan Alikhanov | 58. On 8 November 2005 the military prosecutor of military unit no. 20102 informed the applicants that they had received for investigation from another prosecutor’s office the criminal case file concerning the discovery of six unidentified male bodies in the forest two kilometres to the east of the village of Zamay-Yurt. The case file contained no information on the identification of the bodies, which had been buried as unidentified. There was no information regarding whether the body of |
Sibel Sartık | 8. Sibel Sartık, who was 24, and her cousin Nergiz Özer, who was 15, were living in İzmir and working as a singer and a textile worker respectively. On 17 December 2004 they left their homes in İzmir. |
Ilgar Allahverdiyev | 81. On 5 December 2003 the Prosecutor General sent a letter to the Head of the Baku City Executive Authority in connection with the alleged unlawfulness of the use of Juma Mosque by the applicant’s religious congregation, a matter which was not directly related to the criminal proceedings in the present case. However, among other things, the letter also contained the following statements:
“The Prosecutor General’s Office is conducting a criminal investigation under Articles 220.1, 233 and 315.2 in connection with the mass disorder in the city of Baku on 15 and 16 October 2003 ...
It has been determined that |
David Assanidze | 38. The applicant was committed to stand trial in the Ajarian High Court, where he denied all guilt. He maintained that this second prosecution was the result of a conspiracy to frame him. He denied ever having had any links with Mr |
Said-Magomed Imakayev | 57. On 24 July 2002 the Russian Government submitted to the Court a response to the request for information. They cited a report by the Directorate of the General Prosecutor Office for the Southern Federal Circuit, according to which on 17 June 2002 the applicant had filed a report with the Shali District Prosecutor's Office stating that “a group of unidentified armed men” had forcibly removed her husband on 2 June 2002. On 28 June 2002 criminal proceedings were initiated by the district prosecutor under Article 126 § 2 (a) of the Penal Code. At the same time, the Government denied that the applicant's husband had been detained by the authorities. The Government submitted:
“Before the initiation of this criminal case, in the course of examination and initial investigative actions no facts that Mr |