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Spna | 33. Mr Nerwayi claimed the following during the press conference:
“I was in Amadia town when reports came to me that the Turkish army had attacked the Spna area and the Bawrki area at 4.30 a.m.
Past experience with the Turkish army has taught us that, wherever they go, they assault poor people. As an example, before the current incident two of our citizens were on their way back to Hemzeki village. The Turkish soldiers arrested them. After assaulting and beating them, killing one and wounding the other. I reported this incident to the Turkish army commander and asked him to keep us informed about their operations, so that we can ask the villagers to leave their villages before the operations to avoid civilian casualties.
I heard about the Turkish army operation in |
premises | 34. On 2 December 2005 the local social welfare centre informed the court that Z.J. was not complying with judgment of 23 July 2004 as she had not been bringing the applicant’s son to the scheduled meetings on the centre’s |
Anatolia | 28. The articles also emphasized that the Government’s public declarations, which appeared to allow displaced villagers to return to their villages, were unreliable. Whenever villagers had attempted to do so, they were physically denied access to their villages.
(c) The report of 14 January 1998 of the Turkish Grand National Assembly’s Commission of Inquiry on the measures to be taken in order to address the problems of the persons displaced following the evacuation of settlement units in east and south-east |
Vedeno | 6. On 13 August 2003 Said-Emin Sambiyev and his colleague Mr V.M. were in a taxi going from the village of Ulus-Kert to the village of Makkhety. Their vehicle was stopped in the village of Tevzan (in the submitted documents the place was also referred to as Tevzani and Kirov‑Yurt), in the |
premises | 90. The applicant continued with his business and was paying rent until the late 1990s, when he started experiencing financial difficulties. Since he could no longer pay the rent, he lost the right to remain in the |
Taganskiy district | 9. According to the applicant, on 6 May 2012 she participated in the demonstration at Bolotnaya Square. She conducted herself peacefully and did not take part in any acts of violence prior to her arrest. At 6 p.m. she was arrested by the police and at around 9 p.m. was taken to |
premises | 8. On the evening of 23 October 2002 a group of terrorists belonging to the Chechen separatist movement (over 40 people), led by Mr B., armed with machine-guns and explosives, took hostages in the “Dubrovka” theatre in Moscow (also known as the “Nord-Ost” theatre, from the name of a musical comedy which was formerly performed there). For three days more than nine hundred people were held at gunpoint in the theatre’s auditorium. In addition, the theatre building was booby-trapped and eighteen suicide bombers were positioned in the hall among the hostages. Another group of terrorists occupied the theatre’s administrative |
the Ferghana Valley | 109. In its 2011 annual report released in May of the same year, Amnesty International states as follows:
“Counter-terror and security
Closed trials started in January of nearly 70 defendants charged in relation to attacks in |
South America | 7. It appears that simultaneously another investigation was in progress on the side of the Hungarian authorities who suspected that the applicant and his Hungarian common-law wife were involved in a drug trafficking network operating between Spain, Hungary and |
Ayios Kassianos | 22. On 24 July 1989 the applicant was released. At the time of her release she was examined by UN doctors, who took some notes, and then transferred to southern Cyprus. On 28 July 1989 she made a statement to Limassol police and was also examined by a Government doctor at Limassol Hospital. The applicant produced a medical report issued on that same day by Dr. Charalambos Michael, a medical officer. This document reads as follows:
“On 28.7.1989 and at approximately 23.00 hours I was requested by the Limassol District Police to examine Mrs Despo Andreou Papi from Famagusta and presently living at 16 Chrysanthou Mylona Street in Limassol.
Mrs Papi alleges that on 19.7.1989 she was hit (kicks, fists and use of police baton) on various parts of her body by Turkish pseudo-policemen in the area of |
the Vostochniy District | 17. The Interior Department of the Altayskiy Region conducted an internal inquiry into the incident. Having inspected the scene of the incident and having questioned the police officers involved, it established the following facts:
- Mr T. and other police officers believed that Mr Sh. was armed as they had heard a gunshot and witnesses had stated that he had fired at them;
- Mr Sh. had been aggressive and apparently drunk;
- the residents of the block of flats prevented Mr T. from searching Mr Sh. and, by retaining the police officers, gave him an opportunity to escape to his flat;
- Mr T. called the police station of |
Urals | 27. On 6 September 2003 the Communist Party of the Russian Federation submitted its federal roll of candidates to the State Duma elections. On 13 October 2003 the roll was registered by the Central Election Commission. The second applicant was candidate no. 5 in the |
Zelenogradskiy | 15. On 9 November 2001 investigator M. ordered the applicant’s continued detention. The investigator referred to the “gravity of the crime committed by Mr Mogilat” and the risk that he would flee the investigation or trial. The prosecutor of the |
the Urus-Martan District | 22. In the morning of 25 October 2002 the applicants visited various law enforcement agencies of the Urus-Martan District but received no information on Vakha Abdurzakov’s detention. On the same day they lodged written complaints with the prosecutor’s office of |
Pişta | 63. The witness, the head village guard from Boyunlu, heard over the radio that his brother and others who were chopping wood had been fired at by terrorists. They immediately informed the local gendarme station by radio. The clash was at the |
Urus-Martan | 21. On numerous occasions, both in person and in writing, the applicants applied to prosecutors at various levels, to the Ministry of the Interior, to the administrative authorities and to public figures. The first applicant went to look at unidentified bodies found in |
East Anatolia | 32. The books in question, published in 1991 and 1992, were as follows:
- “State terror in the Middle East” (“Ortadoğu'da devlet terörü”);
- “The compulsory settlement of Kurds” (“Kürtlerin mecburi iskanı”);
- “Interstate colony: Kurdistan” (“Devletlerarası sömürge: Kürdistan”);
- “A thesis of Turkish history, the sun-language theory and the Kurdish problem” (“Türk tarihi tezi, Güneş-dil teorisi ve kürt sorunu”);
- “A letter to UNESCO” (“UNESCO'ya mektup”);
- “The demolition of the police stations in our minds, trial periods and becoming free” (“Zihinlerimizdeki karakolların yıkılması, yargılama süreçleri ve özgürleşme”);
- “The scientific method” (“Bilimsel Metod”);
- “The system of |
Mazie Bati | 23. Approximately a week before the events of 27 May 1944, the applicant and all the men in his platoon had received a summons from their commanding officer. He had informed them that an ad hoc military court composed of members of the detachment had delivered judgment against the inhabitants of |
Khmelnytsky region | 77. The Order established the special units within the Prison Department. It remained in force until 8 September 2003, when a new Prison Department Order, no. 163, “On the establishment of special units within the system for the enforcement of criminal sentences, approval of their composition and regulations on them” was adopted (it was subsequently annulled on 10 October 2005 by Order no. 167). It envisaged the creation of an inter-regional special unit for action in extraordinary circumstances within the Zhytomyr Regional Department for the Enforcement of Sentences. This unit's scope of territorial jurisdiction extended to |
the Baltic Sea | 12. The applicant complained to a court. He submitted that, lacking a travel document, he was unable to return to Russia from Kazakhstan or go to the Kaliningrad Region, which is the Russian exclave between Poland and Lithuania on |
the Pionerskaya river | 105. The court further noted that the defendants had not adduced any evidence confirming that the Pionerskaya river was regional property and that there was any separation of powers between the regional and municipal authorities concerning the maintenance of |
Division 6 | 15. According to the Government the applicant was admitted to the medical infirmary of the prison at 4.15 p.m. on 12 July 2013 and a referral to the emergency department of the state hospital was made at 5 p.m. The referral note issued by the doctor indicated that the applicant had swelling in the face, a bruise on one loin, and severe swelling with limited movement in his right ankle. At an unspecified time on the same day he was provided with a pair of crutches by the prison medical infirmary. On the same day he was also admitted to hospital and returned to cell 8 in Division 6 on 14 July 2013. The case summary drawn up on 14 July – before his discharge ‑ and submitted to the Court showed that all the medical investigations had been concluded and the results received prior to his discharge from hospital. According to the case summary the ankle x‑ray revealed a fracture and there was subluxation of the right foot; there was a head injury, specifically a fracture of the orbit and of the maxillary sinus; there were no signs of injury or fluid collection in the internal organs; an ophthalmic review had been carried out and the patient had been discharged from that department as well as from the orthopaedic ward where he had undergone tests and treatment for his bone injuries. The summary also showed that the applicant had to use crutches and to avoid bearing weight for the two weeks leading up to his outpatient appointment, after which he still would not be able to bear weight fully. It ordered a change of dressing to be undertaken within three days and prescribed appropriate medicines. Records also showed that a nurse had visited |
Site | 11. By a licence agreement dated 22 October 1998, Leeds City Council (“the Council”) granted the applicant and his wife a contractual licence to occupy plot no. 35 at Cottingley Springs caravan site in Leeds. The licence in Clause 12 required the applicant as occupier to comply with the Site Regulations, while Clause 18 stated:
“No nuisance is to be caused by the occupier, his guests, nor any member of his family to any other person, including employees of the Council, the occupiers of any other plots on the |
the Mersin District | 15. On 10 May 2001, after visiting the site, the court-appointed panel of experts (hereafter panel no. 2) submitted its report. With regard to those features and factors which had a bearing on the property's value, it reached the following conclusions:
“The property in question is located in the Camicedit neighbourhood, within the territory of Tarsus, in |
North Sea | 9. After the adoption of the 1958 Convention on the Continental Shelf, the Norwegian Government proclaimed in a Royal Decree of 31 May 1963 Norwegian sovereignty over the sea floor and the ground beneath it outside Norway. This was followed up by the 1963 Act on the Exploration and Exploitation of Sub-Sea Natural Resources – the Continental Shelf Act 1963 (kontinentalsokkelloven). Drilling in the |
Marum | 13. On 21 December 1989 practically all the other joint owners of the two estates brought proceedings against the applicant in the District Court (tingsrätten) of Södra Roslag, requesting that she be ordered to remove the new house on |
the Baltic Sea | 13. In its edition of 12 December 2005 Bild published a front-page article with the headline: “What does he really earn from the pipeline project? Schröder must reveal his Russian salary.” On page 2 of the newspaper, under the headline “Russian salary – will Schröder earn more than a million a year?” the article read as follows:
“The ex-Chancellor and Russian gas: there is growing outrage among all political parties. For Schröder is to head the supervisory board of a business seeking to build a four-billion-euro gas pipeline through |
West | 31. On 12 March 2010 the Refugee Appeals Board refused to reopen the applicant's case as it found that the most recent general background information would not lead to a revised assessment of the case. More specifically in its letter to the applicant's representative it stated as follows:
The Refugee Appeals Board observes that as her asylum motive your client has stated, inter alia, that, in case of return, she fears outrages committed by the LTTE because she left without permission. She also fears the Sri Lankan military forces. Due to the injuries incurred by her during military operations, she fears that the Sri Lankan army will suspect her of being a member of the LTTE. Moreover, your client fears that her former family-in-law, with whom she is on bad terms and who live in Sri Lanka and have good connections with the Sri Lankan military forces, have informed on her to the Sri Lankan authorities and that she will therefore be unable to enter the country without becoming an object of interest to the authorities. Her former spouse living in Denmark has her ID card, and she fears that he will travel to Sri Lanka and do something that may harm her. Finally, your client has stated that, as a single woman without family or social network, she will be unable to manage in her country of origin.
By decision of 13 August 2007 the Refugee Appeals Board stated, inter alia, that your client had left Sri Lanka in possession of her own national passport without problems and that she had not, prior to her departure, been subjected to outrages or the like of a nature to warrant asylum. The Board found that the fact that your client was affiliated with the LTTE as a child soldier when very young did not in itself warrant granting asylum. In that connection, the Refugee Appeals Board emphasised the length of the time passed and the fact that your client was deemed not to have made herself stand out in any way. Moreover, the Board found that the general situation for single women in Sri Lanka could not justify granting a residence permit under section 7 of the Aliens Act. The Board observed that your client's problems with her former spouse were of a private law nature and therefore recommended that she seek the protection of the authorities in case of conflicts. The Board finally found that it had not been rendered probable that your client would be unable to seek the protection of the authorities and that therefore the information on her former family-in-law could not lead to a revised assessment.
The Refugee Appeals Board still finds that your client's fear of the LTTE and the Sri Lankan authorities and the conflict with her former family-in-law do not warrant a residence permit under section 7 of the Aliens Act.
In that connection, the Refugee Appeals Board refers to your client's statement during the asylum proceedings to the effect that she did not have any problems with the LTTE at any time prior to her departure, including in connection with her leaving the LTTE. On the contrary, she stated that the LTTE accepted her leaving the organisation. The Board observes that several years have passed since your client left the LTTE, and therefore the Board cannot find as a fact that former LTTE members would pursue her because she had left the country without permission from the LTTE.
Additionally, the Sri Lankan military forces defeated the LTTE in May 2009. Moreover, it appears from the background information available to the Board that it is hardly likely that former low-ranking members of the LTTE or persons who have previously supported the LTTE will risk reprisals from the LTTE, see United Kingdom: Home Office, Operational Guidance Note, Sri Lanka, August 2009.
The possibility that as an ethnic Tamil from northern Sri Lanka your client risks being questioned and investigated by the authorities upon entry into her country of origin does not lead to a revised assessment of the case under asylum law. The individuals at particular risk of being detained and investigated upon entry in Colombo are young Tamils, men in particular, from northern and eastern Sri Lanka; those without ID; those not resident or employed in Colombo; and those recently returned from the |
premises | 66. On 5 April 2007 the investigators questioned Ms R.M., the mother of Mr V.M., who stated that in the summer of 2003 her son and Said-Emin Sambiyev had been working somewhere in Mesker-Yurt and that their commander’s name was Mr S.Kh. At some point later, residents of Ulus‑Kert had told her that her son and S.-E. Sambiyev had been detained by military servicemen. She had gone to the applicant and told her about it. Then both women had gone to Mesker-Yurt to see their sons’ commander. After that the women had gone to the military unit in Khatuni, but they had not been allowed to enter its |
premises | 33. On 24 October 2003 the deputy head of the Achkhoy-Martan district administration wrote to the district prosecutor's office requesting that the investigators find out whether the abducted men were being detained on the |
the Vake-Saburtalo District | 7. On an unspecified date in July 2003, photographs of four persons – the applicant, his brother, the other person accused of murder and the latter’s brother – were posted on the boards of “wanted persons” in the police stations of |
the Northern Caucasus | 41. The Government submitted that in November 2004 the investigating authorities had sent a number of queries to various State bodies. On an unspecified date the Ingushetia department of the FSB stated that their office had not detained Sultan Khatuyev and had no information about his whereabouts. The Ministry of the Interior of Chechnya also replied, on 7 September 2004, that their agents had not detained Sultan. Also on unspecified dates the remand centres in |
Anatolia | 17. It found it established that the applicants had engaged in intensive “separatist” activity under instructions from leaders of the PKK, a separatist armed gang seeking to found a Kurdish State in south-eastern and eastern Turkey. In that context it noted the following points: in the run-up to the 1991 parliamentary election the applicants had given speeches under the PKK banner at meetings where slogans had been shouted such as “Long Live the PKK” and “Strike guerrillas strike, found Kurdistan”; the applicants had provoked unrest among the population and created an atmosphere that had undermined the authority of the State; they had worn PKK colours when they were sworn in as members of the National Assembly in November 1991; at the congresses of their political parties, the HADEP and the DEP, the PKK flag had been hoisted instead of the Turkish flag and the Turkish Republic had been described as an occupier and enemy; conversations recorded between three of the four applicants and heads of clans (aşiret reisi) in south-eastern and eastern |
Garza | 49. In particular, the company was to:
“draw up a memorandum of understanding with the local authorities for monitoring the waste being treated, with a view to reducing the likelihood of an operational fault at the site ...;
ensure the buffering of the detoxification facilities ...;
close the open-top chambers used in the chemical and biological process and develop an exhaust ventilation and purification system ...;
build a mobile, soundproof structure to cover the macerator ...;
alter the internal sewerage system so as to separate atmospheric water from water produced by the facility;
set up a system for monitoring the quality and quantity of water produced by the plant that flows into the |
the Samara Region | 119. On 8 and 10 May 2004 respectively the investigation questioned Mr K.Tul. and Mr A.Tul., his elder brother. They testified that on the night of 23 November 2003 they had been sleeping in their house at no. 6 Shosseynyy Lane in Katyr-Yurt. At about 3 a.m. unknown armed men wearing masks and camouflage uniforms had broken into the house. Five or six men had woken them up. There had been a large number of unknown armed men outside. The intruders had ordered Mr K.Tul. and Mr A.Tul. to get dressed and had pulled jackets over their heads. Afterwards the men had taken them to the backyard, put them in the back of a Ural truck and driven them out of the village. The men had asked the brothers whether they had participated in illegal armed groups. The brothers had replied in the negative. Then the men had let them go. The men had not used violence against them. The brothers had not requested the prosecuting authorities to open an investigation into their abduction. On the following day Mr K.Tul., his brother and the latter's family had gone to their relatives in |
Primorskiy | 217. On 21 October 2006 the investigators again questioned the first applicant, who described in detail the circumstances surrounding the abduction. In particular, he stated that at first he had been taken by the abductors to the premises of checkpoint no. 112 manned by a Special Police Task Force from the |
premises | 16. The judge found on the facts that the police, who were investigating serious and violent offences, had not acted with reckless indifference to the lawfulness of their acts, which element was necessary for the tort of maliciously procuring a search warrant. He held that the entry was made subject to a lawful search warrant and also under the powers of section 17 of the Police and Criminal Evidence Act 1984, which allowed entry without warrant where intending to arrest a person for an arrestable offence. He found that the method of forcible entry was justified as the police had foremost in their minds the potential danger from the use of firearms by the suspect robber and in particular that the sergeant had no cause to suspect that innocent people were the only ones on the |
Europe | 21. In a final judgment of 2 June 2008 (реш. № 8‑9 от 2 юни 2008 г. по адм. д. № ЗС‑162/2007 г., ВАС, ІІІ о.) the Supreme Administrative Court dismissed the applicant’s legal challenge to the expulsion order. It held that the order had been issued by a competent authority and in due form. There had not been any material breaches of the rules of administrative procedure. It was true that the authorities had not notified the first applicant of the proceedings against him and had not given him an opportunity to make objections and representations. However, that omission had not been material, because the first applicant had had the opportunity of putting forward his arguments against expulsion in the judicial review proceedings. The fact that the expulsion order had been served on him without an interpreter was not a problem either, because there existed evidence that he understood and spoke Bulgarian. The court went on to say that on the basis of the materials adduced in the proceedings, which had in effect not been disputed by the first applicant, it considered it established that in 2002 he had taken part in the organisation of a drug trafficking channel from Brazil through western |
the Northern Caucasus | 18. In their letters to the authorities the family stated the facts of Ruslan Alikhadzhiyev's detention and asked for assistance and details of the investigation. They also personally visited detention centres and prisons in Chechnya as well as further afield in |
Kurgan | 51. In June 2005 Mr Ya., senior officer of the Organised Crime Unit at the relevant time, made a written statement (see also paragraphs 15 and 31 above), indicating that Mr V. had named the applicants as his accomplices in a number of offences. Thereafter, the second applicant was brought from |
Panteion | 14. On 11 June 2007, during a plenary debate in the Greek Parliament, the Deputy Minister of Finance referred to the proceedings in question, stating that certain opposition MPs had been heard by the Athens Assize Court as witnesses for the defence. In particular, he said:
“Who are these incorruptible people? The denigrators, the renowned MPs of the Socialist Party (PASOK) and former PASOK Ministers who rushed to the defence of the |
Europe | 19. This having been established, the jury had to determine what the capsules delivered to the applicant contained and whether the applicant was connected to the delivery of April 2003 intercepted by the police. The experts had stated that the capsules contained heroin. The court rejected the applicant’s argument that the delivery of March 2003 concerned cannabis, given that studies showed that drug couriers were used in connection with heroin and cocaine and sometimes ecstasy, and that Turkey was considered a key transit route to |
Urus‑Martan | 19. On 10 November 2000 the head of the Urus-Martan district department of the interior (the ROVD) provided the investigators with a statement to the effect that Ali Udayev and Ramzan Yusupov had died as a result of the explosion of a projectile of the Shmel type; that on 17 October 2000 the military units Don-100 and regiment no. 245 stationed in the vicinity of |
Gekhi | 34. On 27 November 2000 the Urus-Martan prosecutor's office received a letter from a district prosecutor of the Penza Region informing him that on 15 November 2000 Major S. had been questioned about the operation of 8 August 2000. The transcript of this interview was enclosed. Major S. stated the following:
“From 18 June until 22 September 2000 I was seconded to the town of Urus-Martan, the Chechen Republic. ...
In addition to the Urus-Martan VOVD, military personnel of the troops of the interior and of the army (военнослужащие из внутренних и федеральных войск) and the military commander's company (комендантская рота) also took part in the operation [on 8 August 2000]. I cannot say which particular person was in command of the operation. From our department there was the head of the Urus-Martan VOVD, Lieutenant-Colonel Sh. There were also three generals, whose names I do not know, and military commander G. in the vicinity of the village of Gekhi.
Acting on the instructions of the superiors of the alignment, I and a group of 30 – 35 men arrived by bus and APC in Gekhi at around 11 a.m. ... About 20 men in the group were police officers, the rest were army servicemen. I was in charge of the police officers, and the [army] servicemen were under the command of an officer with the rank of captain, whose name I do not know. I do not know in which particular military units those servicemen served and at whose disposal the APC with the vehicle number 108 was.
During the “sweeping” operation we went to the courtyard of one of the houses. It was subsequently established that the house belonged to the Musayev family. ...
I approached one of the windows and looked inside. I saw a man wearing an ammunition jacket and holding a pistol. Having seen me, the man fired ... at me. ... In response to the shots from the house, our personnel opened fire. ... [During the fight another] man came over to me and said that he lived in Moscow and was a relative of this family. ...
One of the soldiers threw 6 grenades into the house, but the shots from the house did not stop. Then [we] started shooting at the criminal from the APC, and only then did the fire from the house cease, but the house caught fire. ...
Only one man seemed to have been shooting from the house, and only one body was found inside. The soldiers put this corpse into a white car and the relative from Moscow also got into this vehicle. Then I went out and saw two cars near the house. The servicemen said that they had seized those cars. I cannot tell who ordered them to seize the cars. I did not give such an order. Besides, on the APC I noticed another detained man in a white shirt. I do not know who ordered that man to be detained. We escorted the detained men and two cars to the outskirts of Gekhi, where the command centre of the alignment was located. ... On the instructions of the superiors, the detained persons and the cars were left at the command centre. Upon my return from |
Ganzenhoef | 24. In its judgment of 19 December 1996, following adversarial proceedings, the Administrative Jurisdiction Division quashed the Regional Court’s judgment of 19 January 1996 and rejected the applicant’s appeal to the Regional Court as ill-founded. Its reasoning included the following:
“The prohibition order issued against Landvreugd is based on a decision of the appellant, dated 28 October 1993 and addressed to the Chief Superintendent of Police, which contains an instruction to the police relating to the preparation and issuing of a fourteen-day prohibition order. This instruction designates the |
Europe | 17. For Lord Mance there were two critical issues: whether the applicant's same-sex relationship was to be regarded as family life for the purpose of Article 8; and whether the child support regime impinged sufficiently on that family life for it to be said to fall within its ambit. Regarding the latter issue, his view was that the regime did, “though only just”. The MASC regulations sought to avoid any unduly adverse impact on the absent parent's new relationship and to achieve a fair balance between it and the children's needs.
As for the first issue, the European Court of Human Rights had made it clear in May 2001 that same-sex relationships did not fall within the scope of the right to respect for family life. As the applicant's appeal related to a period shortly after that decision (13 August 2001-18 February 2002), her relationship with her partner could not be regarded as a type of family life within the meaning of Article 8. He added that he had little doubt that the Strasbourg Court would see the position in 2006 as having changed very considerably, and that if the issue were to arise before it again, the applicant's relationship could very well be regarded as involving family life for the purpose of Article 8. Great change had taken place across |
Nord-Ost | 39. On 31 January 2007 the investigators interviewed L.Ts. as a witness. She submitted that she held the post of the senior inspector with the information department of the Ministry of the Interior of the Chechen Republic and that on an unspecified date in April 2006 she had gone, together with members of a film crew, to the Department for the Fight against Organised Crime (“UBOP”) of the Chechen Republic. While the crew had been filming, an UBOP officer had been questioning a group of detained persons, one of whom had been Khamzat Tushayev. The latter had told the officer, among other things, about his daughter, who had participated in the |
İmralı Island | 32. In fact, the old ferry boat İmralı 9 was still in service but could only sail when there was little wind. The larger ferry boat, Tuzla, which the Government had promised when the previous Öcalan case was pending before the Grand Chamber of the Court, began operating in 2006. The Tuzla, being better suited than the İmralı 9 to difficult weather conditions, provides more frequent crossings between |
Europe | 6. On 14 September 2005, with valid passports and three month visas, the applicant spouses entered Denmark, where the applicant husband, TN's sister and brother lived permanently. His three other siblings lived elsewhere in |
North Caucasian | 84. The detention centre in Chernokozovo, where the first applicant was detained, received extensive attention from various human-rights institutions, including the European Committee for the Prevention of Torture (CPT), following allegations of severe ill-treatment of detainees. On 4 March 2000 the head of the CPT delegation, Mr Hajek, issued a statement to the Russian officials at the end of the visit to the |
Shalinskiy | 48. Kh.S., interviewed as a witness on 7 November 2001, stated that on the evening of 6 November 2001 Aset Yakhyayeva and Milana Betilgiriyeva had stayed at his house with his daughters. At about 6.30 a.m. on 7 November 2001 Kh.S.’s daughter had told him that five armed masked men had burst into their house and had abducted Aset Yakhyayeva and Milana Betilgiriyeva. Following that, Kh.S. and other residents of Serzhen-Yurt had gone to the ROVD’s office and had learnt from police officers that during the night federal armed forces had conducted a special operation in the village. At about that time, a convoy of armoured vehicles had arrived from the southern outskirts of Serzhen-Yurt. The convoy had been headed by the military commander of the |
the Dniester River | 27. As to the number of Moldovans holding a second nationality other than Romanian, this figure is also unknown. However, it appears to be considerable and it seems that Russian nationality is the second most popular, after Romanian. On 16 September 2008 the Russian Ambassador to Moldova stated in a televised interview that there were approximately 120,000 Moldovans with Russian passports on both banks of |
Qasr | 9. The first applicant claimed that he had been politically active in Iran. He had always been interested in the Kurdish issue and had once, in 2003, been arrested and questioned by Etalat, the Iranian security forces, for being involved in a discussion on this topic. Subsequently, he had been sentenced to 12 months’ imprisonment by the Mojtama Ghazani e Ghods court. He had served one month in |
Pionerskoye | 83. In their reply of 19 September 2001 to the third and fourth applicants’ complaint, the Vladivostok Administration stated that according to the information at their disposal, the human factor had played a role in the flood of 7 August 2007, as the water had not been released from the reservoir until a critical situation had emerged where a large volume of water had to be evacuated urgently to save the dam. The letter further stated that the work done by the city authorities to clear the river channel had not helped to prevent the houses and other structures from being flooded because the evacuation of water by the Water Company had been sudden and massive, with the result that even special concrete waterfronts of the dam outlet channel had been broken. The letter went on to say that the reservoir was the property of the regional authorities and therefore the Vladivostok city authorities had no power to reprimand staff of the Water Company. However, criminal proceedings had been brought in connection with the pecuniary damage suffered by residents of Vladivostok and the disruption of transport lines during the heavy rains and the evacuation of water from the |
the Staropromyslovskiy District of Grozny | 51. On 15 May 2004 the investigators requested that the Central Archives of the Russian Ministry of the Interior (the MVD) provide them with the following information:
“....the investigation established the involvement in the crime [the murder of the applicant’s sisters] of military servicemen from military brigade no. 205.
According to the reply from the North-Caucasus Headquarters of the Internal Troops of the Ministry of the Interior to our request for information, documents concerning special operations conducted in the Chechen Republic in 1999, 2000, 2001 and 2002 were transferred to the Central Archives of the Ministry of the Interior.
Based on the above information, I ask you .... to identify which regiments of which military units and troops of the Ministry of the Interior carried out their service duties or were stationed between October 1999 and February 2000 inclusive in |
Kızılay | 9. On both occasions, while the president of “KESK” was reading out press statements, police officers warned the demonstrators that their action was contrary to the law and that they had to disperse. The demonstrators blocked the main street of the |
Barassie Beach | 8. On 6 December 1999 members of the Central Scotland Police Underwater Search Unit discovered severed parts of a human body while on a training exercise in Loch Lomond. Further body parts were discovered on 7, 8 and 10 December 1999. On 15 December 1999 a human head was discovered at |
Shatoy | 34. On 23 November 2009 the head of the investigations department ordered that the investigation was resumed and a number of steps were taken. In particular, his written instructions contained the following orders:
“... 3. To question the applicant and find out the reasons why in his complaint of the abduction of 18 May 2009 to the Achkhoy-Martan district prosecutor’s office he stated that Rustam Kagirov had been abducted from home whereas in the complaint lodged with the Achkhoy-Martan ROVD of 20 May 2009 he stated that Rustam Kagirov had been abducted from the street ......
... to question ROVD officers concerning the source of the information of Rustam Kagirov’s alleged membership in illegal armed groups;
... to examine the Priora vehicle with registration number A 720 T 95 and question its owner Mr M.T. in order to clarify whether he was implicated in the abduction;
... 12. To verify the information concerning Rustam Kagirov’s apprehension by the policemen from the |
the Far North | 29. It appears that at the material time the GUP was involved in the construction of socially-important objects in the Kamchatka Region. It used to be a client for construction, major overhaul and reconstruction, represented the regional administration in the respective transactions and was in receipt of the relevant budgetary funds. In particular, in 2002-2005 the company on several occasions became a client and managed funds in respect of construction projects under various Federal Targeted Programs related to housing provision, including resettlement from |
sub-Saharan Africa | 17. Leave to appeal to the House of Lords was granted, and on 5 May 2005 the House of Lords unanimously dismissed the applicant’s appeal ([2005] UKHL 31).
Lord Nicholls of Birkenhead summarised the applicant’s prognosis as follows:
“... In August 1998 [the applicant] developed a second Aids-defining illness, Kaposi’s sarcoma. The CD4 cell count of a normal healthy person is over 500. Hers was down to 10.
As a result of modern drugs and skilled medical treatment over a lengthy period, including a prolonged course of systematic chemotherapy, the [applicant] is now much better. Her CD4 count has risen [from 10] to 414. Her condition is stable. Her doctors say that if she continues to have access to the drugs and medical facilities available in the United Kingdom she should remain well for ‘decades’. But without these drugs and facilities the prognosis is ‘appalling’: she will suffer ill health, discomfort, pain and death within a year or two. This is because the highly active antiretroviral medication she is currently receiving does not cure her disease. It does not restore her to her pre-disease state. The medication replicates the functions of her compromised immune system and protects her from the consequences of her immune deficiency while, and only while, she continues to receive it.
The cruel reality is that if the [applicant] returns to Uganda her ability to obtain the necessary medication is problematic. So if she returns to Uganda and cannot obtain the medical assistance she needs to keep her illness under control, her position will be similar to having a life-support machine turned off.”
Lord Hope of Craighead, with whom Lord Nicholls, Lord Brown of Eaton-under-Heywood and Lord Walker of Gestingthorpe agreed, referred in detail to the Court’s case-law (see paragraphs 32-41 below), and held as follows:
“... that Strasbourg has adhered throughout to two basic principles. On the one hand, the fundamental nature of the Article 3 guarantees applies irrespective of the reprehensible conduct of the applicant. ... On the other hand, aliens who are subject to expulsion cannot claim any entitlement to remain in the territory of a Contracting State in order to continue to benefit from medical, social or other forms of assistance provided by the expelling State. For an exception to be made where expulsion is resisted on medical grounds the circumstances must be exceptional ... The question on which the Court has to concentrate is whether the present state of the applicant’s health is such that, on humanitarian grounds, he ought not to be expelled unless it can [be] shown that the medical and social facilities that he so obviously needs are actually available to him in the receiving State. The only cases where this test has been found to be satisfied are D. v. the United Kingdom ... and B.B. v. France ... [T]he Strasbourg Court has been at pains in its decisions to avoid any further extension of the exceptional category of case which D. v. the United Kingdom represents.
It may be that the Court has not really faced up to the consequences of developments in medical techniques since the cases of D. v. the United Kingdom and B.B. v. France were decided. The position today is that HIV infections can be controlled effectively and indefinitely by the administration of retroviral drugs. In almost all cases where this treatment is being delivered successfully it will be found that at present the patient is in good health. But in almost all these cases stopping the treatment will lead in a very short time to a revival of all the symptoms from which the patient was originally suffering and to an early death. The antiretroviral treatment can be likened to a life‑support machine. Although the effects of terminating the treatment are not so immediate, in the longer term they are just as fatal. It appears to be somewhat disingenuous for the Court to concentrate on the applicant’s state of health which, on a true analysis, is due entirely to the treatment whose continuation is so much at risk.
But it cannot be said that the Court is unaware of the advances of medical science in this field. All the recent cases since S.C.C. v. Sweden have demonstrated this feature. The fact that the Court appears to have been unmoved by them is due, I think, to its adherence to the principle that aliens who are subject to expulsion cannot claim any entitlement to remain in the territory of a Contracting State in order to continue to benefit from medical, social or other forms of assistance provided by the expelling State. The way this principle was referred to and then applied in Amegnigan v. the Netherlands ... is, in my opinion, highly significant. What the Court is in effect saying it that the fact that the treatment may be beyond the reach of the applicant in the receiving State is not to be treated as an exceptional circumstance. It might be different if it could be said that it was not available there at all and that the applicant was exposed to an inevitable risk due to its complete absence. But that is increasingly unlikely to be the case in view of the amount of medical aid that is now reaching countries in the Third World, especially those in |
Vedeno | 78. On 12 March 2007 the investigators questioned Mr Ya.Ge., who stated that in April 2004 he had been abducted from his house by unidentified men who had arrived in an UAZ vehicle. The abductors had put a mask over his head, had put him into the car, had driven for about an hour and a half and had arrived at “a base”. The witness had been taken to an abandoned bathhouse in the |
the Kelmehmet mountains | 125. Also on 23 November 1995 Harun Aca, in his capacity as a person suspected of an offence, made a similar statement to the Bismil public prosecutor. In addition, Harun Aca declared that he had a document proving that he had participated in an operation conducted in |
Bug River | 34. The statistical reports prepared by the government, in particular the Ministry for the Treasury (Ministerstwo Skarbu Państwa) and the Ministry for Infrastructure (Ministerstwo Infrastruktury), have to date not addressed the question of how many of the |
Buivydiškės | 62. In June 2009 the district prosecutor decided to discontinue the criminal investigation against the VCA on the grounds that no crime had been committed. The prosecutor held that the land reform in the |
premises | 14. On 13 March 1997 around 10 a.m. the applicant, on being asked by a policeman to give evidence about his employees in connection with the proceedings against his son, stated again that he did not wish to do so and that none of his employees was currently working on the business |
the Staropromyslovskiy district | 21. Between 4 and 19 December 2000 the applicants complained about their relative's abduction to a number of local law enforcement agencies, including the department of the interior of the Staropromyslovskiy district (the ROVD), the local prosecutor's office and the military commander's office of |
Balkans | 16. On 20 April 1991 the applicant association organised a commemoration meeting at the Rozhen Monastery. The participants adopted a declaration addressed to the President and Parliament, which stated, inter alia:
“1. Our rights as a minority, of which we have been deprived, should be guaranteed to us in accordance with the international agreements on minorities.
[We demand:] 2. The introduction of the [study of] the Macedonian language, history and culture in all educational institutions in Pirin Macedonia. 8. That all Bulgarian political parties on the territory of Pirin Macedonia should be dissolved or renamed Macedonian; they should defend the national rights of the Macedonian people.
... 14. The complete cultural, economic and political autonomy of Pirin Macedonia and the withdrawal of the Bulgarian occupation armies from Pirin Macedonia ...
... 16. Should the Bulgarian government not respond positively to our demands, Ilinden shall appeal to the United Nations Organisation, the [Conference on] Security and Cooperation in Europe, the European Parliament, the Great Powers, in the interest of peace in the |
the North Sea | 139. As regards his experience at the Arctic Surveyor, the High Court found that his decompression sickness in 1977 had most likely been caused by the facts that the diving company had used too rapid a decompression table and that there was no medical doctor who could assist him. This incident had probably been a strong contributory cause of Mr Vilnes’s brain and spinal injuries. With hindsight there was plenty to contribute to the view that the diving operation should not have been authorised, and that Mr Vilnes should have received medical follow-up. Nonetheless, it was not possible to evaluate at the time of the High Court judgment whether the risk level had departed from what in 1977 had been considered justifiable in diving, in accordance with Article 121 of the Security Regulation, and the normal risk level in |
the Dniester River | 8. Vadim Pisari lived in Pirita, a village located on the left bank of the Dniester River but controlled by the Moldovan Constitutional Authorities. Early in the morning of 1 January 2012, after an all-night New Year’s Eve party with his friends at which alcoholic drinks were consumed, Vadim Pisari, accompanied by a friend “passenger”, took a car belonging to another friend of theirs for a joy ride. Since the car needed urgent refuelling, they decided to drive to a petrol station located on the right bank of |
the District of Kyrenia | 8. The applicant claimed that her former husband, Mr Ioannis Vrahimis, had been the director and shareholder of a company called Vrahimis Estate Ltd. The company owned two large plots of land located in the village of Klepini, in |
the Binagadi District | 6. The BCEA refused to authorise the holding of the demonstration of 31 July 2010 at the places indicated by the organisers and proposed three other locations on the outskirts of Baku, namely, a stadium in |
the Bug River | 10. The prosecuting authorities further argued that the purchase price, which partly comprised compensation for the property left by the applicants’ legal predecessors in Trembowla, in the former Polish territories beyond |
Savelovskiy District | 24. During the night of 6 to 7 February 2002 the applicant was arrested. According to the applicant, the police squad broke into his flat, handcuffed him, kicked him, then dragged him outside, forced him into the police car and took to the |
premises | 14. The City of Vienna asked the Vienna Regional Civil Court to dismiss the applicant’s claim. It argued that M.K.’s involuntary placement in the psychiatric institution on 19 March 2010 had been necessary as he had not been aware of his mental illness and had refused to be treated. At the time, he had been utterly confused and it had not been possible to reason with him. Because of the threat he posed to himself and others, he had repeatedly had his freedom of movement restricted whilst in hospital and had had to be medicated parenterally. On 25 March 2010 he had left the acute station without permission and went to his parents’ place. When the police and the ambulance brought him back to the hospital, he had had to be sedated intravenously because of the highly psychotic state he was in. On 29 March 2010, only four days later, he escaped again from the acute station, but was apprehended by the hospital’s security staff on the |
Europe | 8. Subsequently, the applicant requested seven daily and weekly newspapers to publish an identical paid advertisement for the book. The text of the proposed advertisement reads as follows:
“It does not make for pleasant reading for [the editor-in-chief] of Gazeta Wyborcza, friends. The truth about Gazeta Wyborcza. Previously unseen documents and new witnesses. Stanisław Remuszko, a former journalist [at the newspaper], today working freelance, has written the first ever book in Poland, |
the Kurşunlu plain | 13. The village of Kurşunlu and the hamlet of Kayaş are located in a fairly mountainous region and approximately 45 minutes’ walk from each other. Close to Kurşunlu village and about an hour’s walk from Kayaş is |
Proletarskoye | 19. On the same day the applicants found out that Russian military forces had also detained two other residents of their village, who had not been seen since. In addition, on the same morning, at the place where the vehicles had halted for twenty minutes on the night of 11 January 2003, residents of |
the Vykhino District | 8. The applicant entered the territory of the Russian Federation on 1 June 2006 on a multiple entry business visa, valid until 27 May 2007. On 4 October 2006 immigration officers stopped the applicant on the street, checked his identity documents and brought him to the Department of the Interior in |
western Europe | 55. On 12 March 2003 the Ojas Meditation Centre applied to the Ministry of Justice to be registered as a religious community.
On 29 August 2003 the Ministry of Justice rejected the application because it considered that although the Centre was on the “border between self-help psychology and religion (egzistuojantis savipagalbos psichologijos ir religijos paribyje)”, it should not be treated as a religious community. Even though the Osho teachings mentioned in the Ojas Meditation Centre’s by-laws were called religious, meditation there was more based on esoteric doctrines of self-improvement than on a religious practice whose main feature was connecting with God, gods or other sacred forms. The Ministry of Justice also noted that Osho movements did not have the status of a religion in |
premises | 57. On 5 November 2009 the investigators questioned the head of the temporary detention unit of the Shali ROVD (“the IVS”), officer S.E., and his colleague, officer Kh.Um., both of whom stated that Abdul‑Yazit Askhabov had not been detained on their |
the Northern Caucasus | 64. On 7 January 2005 the Ministry of the Interior of Ingushetia informed the applicant as follows:
“Our department has taken steps to investigate the allegation that your son Adam Birsanov had been kidnapped by unidentified servicemen of one of the detachments of the special forces based in |
territories | 34. The Government submitted copies of several issues of Vestnik za Makedonzite v Balgaria i Po Sveta and Makedonska poshta, pamphlets published by one of the factions linked to the applicant association, and copies of press material. These contain information, inter alia, about a “secret” private meeting of a faction of the applicant association held on 28 September 1997. The meeting allegedly declared that on 10 August 1998 the region of Pirin Macedonia would become “politically, economically and culturally autonomous” or independent. That was so because on that day, eighty-five years after the Bucharest Treaty of 1913, the States Parties to it were allegedly under obligation to withdraw from the “enslaved” Macedonian |
the Hohe Warte | 6. In its issue of 14 May 2004 Der Standard published an article in the domestic politics section under the heading “Gossip mongering” (“Kolportiert”). The article, which was entitled “A society rumour” (“Ein bürgerliches Gerücht”) commented on certain rumours relating to the marriage of Mr Klestil, the then Federal President. The article also appeared on the website of Der Standard. It read as follows:
“If the stories circulating between the outlying district of Döbling and the city centre are to be believed, there is only one topic of conversation at the moment among the so‑called upper crust of Viennese society: the marriage of the departing presidential couple Thomas Klestil and Margot Klestil-Löffler [bold print in the original]. Rumour has it that not only is he about to leave office, but she is about to leave him. The latter claim has of course set tongues wagging furiously in bourgeois – and not-so-bourgeois – circles. People here like nothing better than to be able to express outrage about one of their own.
In addition to the allegedly less-than-blissful domestic situation on |
Uzem | 26. The relevant parts of M.N.’s statement, as described in the court record, read as follows:
“(the applicant’s husband) arrived at the police station and said in front of colleagues and himself (M.N.) that he had been afraid that something could happen to his children or (to the applicant), because, when she had gone to |
the Leninskiy District | 64. At the Court's request, the Government provided the following update on the investigation, covering the period from January 2004 to August 2005:
“On 12 January 2004 the [acting Deputy of the Chechnya Republican Prosecutor] by his decree quashed the decree to suspend the preliminary investigation in the criminal case no. 12073 of 20 January 2003 and the preliminary investigation was reopened. After reopening proceedings in the case [11 persons including the former military commandant of the Town of Grozny], were interviewed as witnesses. Moreover, a number of [actions were commissioned] to establish witnesses of the committed crime.
On 10 May 2005 the victim, S. S. Luluyev, was again interviewed and he stated that in the course of the search for his relatives he had been assisted by [the] officers of the [Department] of the Interior of the Leninskiy District of the Town of Grozny, [Mr K.], [Mr Yu.] and the operating officer by name of “Mikhail”. Moreover, the search was conducted [by] an officer of the [FSB] by surname of “Balandin”. Mr S.S. Luluyev has learned from the above persons that the driver of the [APC] with the hull number 110 was a serviceman by name of “Fedyakin”. Mr S.S. Luluyev did not give his consent to have the corpse of his wife exhumed. The corpse was examined earlier. The forensic medical examination established the violent nature of Mrs N.S. Luluyeva's death.
On 28 May 2004 the [Prosecutor's Office] of the Sverdlovsk Region [was commissioned] to interview [Mr K.] as a witness. He stated that in 2000 he had been detached to the Town of Grozny to serve as an operating officer of [the] criminal investigations department. Pursuant to the fact of abduction of Mrs N.S. Luluyeva, sisters Gakayevy and Mr Z. Tazurkayev measures had been taken with a view to establish persons who had committed the abduction. In particular, the hull number of the [APC], in which the abducted had been taken away, had been established. It turned out impossible to establish the surname of the driver of that armoured personnel vehicle. According to [the] received information special measures on Mozdokskaya Street during the indicated period of time were conducted by the Sofrino brigade of internal troops of the [...] Ministry of the Interior. During his second duty trip to the Chechen Republic in March 2001 he learned that the corpses of the abducted persons had been found and identified.
On 28 May 2005 the Military [Prosecutor's Office] of the Moscow Military District [was commissioned] to carry out several investigative actions to check the information that the crime had been committed by [the] servicemen of the regiment no. 245 of the Sofrino brigade of internal troops of the [...] Ministry of the Interior. According to the reply received from the commanding officer of the military unit no. 3641 (the Sofrino brigade of internal troops of the [...] Ministry of the Interior) a serviceman by surname of Fedyakin is not listed among the personnel of the unit and an [APC] with the hull number 110 is not listed among the vehicles of the unit. The military unit no. 3641 did not include regiment no. 245. The military unit comprises four operational battalions and not regiments.
On 8 September 2004 an inquiry concerning [the] officer of the [FSB] S. Balandin was sent to the Head of the Chechen Republican Directorate of the [FSB]. The criminal case-file was added with the reply of the Deputy Head of the Chechen Republican Directorate of the [FSB], according to which an officer S. Balandin is not listed among the personnel of the Directorate.
The preliminary investigation in the case was repeatedly suspended. On 15 February 2005 the [Deputy of the Chechnya Republican Prosecutor] by his decree quashed the decree to suspend the preliminary investigation. Pursuant to Section 37 of the Code of Criminal Procedure of the Russian Federation, the directives were issued to eliminate inconsistencies in the testimony of the witness [K.], to establish women who were cleaning the territory near the commandant's office of |
Urus-Martan | 20. On 18 and 19 December 2002 the applicant complained about her son's abduction to a number of local law enforcement agencies, including the military commander's office, the Urus-Martan district prosecutor's office (the district prosecutor's office) and the |
Urus-Martan | 21. The applicants took certain steps of their own initiative to establish their relatives’ whereabouts. They found out that the two APCs that had approached the checkpoint belonged to battalion no. 348 of the Ministry of the Interior troops deployed in |
the Vedenskiy District | 59. Meanwhile, on 22 June 2009 the investigator questioned witness S. M., chief detective of the criminal investigation department of the Vedenskiy District Department of the Interior (“OVD”), who stated as follows:
“We [undertook steps] to identify those involved in the blowing up of the [UAZ vehicle] and the mortar fire which had caused [the applicant’s daughter’s] death ... Based on the results of the measures taken, [we] identified the individuals who had blown up the UAZ vehicle ..., but the involvement of [those individuals] in the mortar fire was not proved. In this connection we repeatedly submitted requests to the Vedenskiy District military commandant in order to establish the involvement of mortar batteries of the Russian Ministry of Defence deployed in |
Siberia | 34. On 19 May 2004 the Judiciary Qualification Board of Moscow examined the Moscow Judicial Council’s request. The applicant was absent from the proceedings, apparently without any valid excuse. The Judiciary Qualification Board of Moscow decided that the applicant had committed a disciplinary offence and that her office as a judge was to be terminated in accordance with the Law “On the Status of Judges in the Russian Federation”. The decision, in so far as relevant, read as follows:
“During her election campaign, in order to win fame and popularity with the voters, judge Kudeshkina deliberately disseminated deceptive, concocted and insulting perceptions of the judges and judicial system of the Russian Federation, degrading the authority of the judiciary and undermining the prestige of the judicial profession, in violation of the Law On the Status of Judges in the Russian Federation and the Code of Honour of a Judge in the Russian Federation.
Thus, in November 2003, when meeting with [members of her] constituency, judge Kudeshkina stated that the Prosecutor General’s Office exerts unprecedented pressure on judges during examination of a number of criminal cases by the Moscow City Court.
In the live broadcast of her interview with the radio station Ekho Moskvy on 1 December 2003, judge Kudeshkina stated that ‘years of working in the Moscow City Court have led me to doubt the existence of independent courts in Moscow’; ‘a judge, although defined by law as an embodiment of judicial power and independent in this capacity, in fact often finds himself in a position of an ordinary clerk, a subordinate of a court president’; ‘the courts of law are used as an instrument of commercial, political or personal manipulation’; ‘if all judges keep quiet this country may soon end up in a [state of] judicial lawlessness.’
In the interview with the newspaper Izvestiya of 4 December 2003, judge Kudeshkina stated: ‘looking around, one is just stunned by the lawlessness. The law applies quite strictly to ordinary people, but this is not the case when it comes to persons holding important posts. But they break the law too – although they are not subject to liability’; ‘the court administration tests each judge to see how flexible he is, so that when it comes to [the allocation of cases] they know who can be entrusted with a delicate case and whom to avoid’.
In another interview with judge Kudeshkina, published in Novaya Gazeta on 4 December 2003, she also stated that ‘in |
premises | 32. On 3 March 2006 the prosecutor's office of the Chechen Republic informed the first applicant that the investigation in case no. 59054 had been suspended on 15 February 2004 for failure to identify those responsible and noted that the first applicant had the right to study non-classified documents from the case file on the district prosecutor's office's |
Argun | 29. On 12 January 2001 the investigators forwarded a request to the Military Prosecutor’s Office of military unit no. 20102, asking them to take the following steps: to identify which convoy had passed through |
premises | 69. On 7 June 2005 the second applicant complained to a number of State authorities, including the Minister of the Interior and the Prosecutor General. She complained that the investigators had failed to conduct an effective and thorough investigation into the abduction of her son. In her letters she described in detail the circumstances of Arbi Karimov’s abduction. In particular, she stated that he had been abducted by Russian military servicemen; that the servicemen had seized a number of items of family property and identity documents; that they had threatened to blow up the applicants’ house; that two other residents of the village had been abducted by the same group of servicemen; that the morning after the abduction local residents had found a corpse which had been left behind by the servicemen; that the authorities had failed to take any meaningful investigative steps; that on 15 January 2003 one of the abducted men had been released and he had told her that he had been detained on the |
premises | 74. At about 11 a.m. Mr K. B. went to the headquarters and spoke with a military colonel, who introduced himself as “Butov” and who confirmed that Sulim Khatulov and Khamzat Alimkhanov had been apprehended by servicemen and then taken somewhere, but not to their |
Argun | 43. On 5 May 2003 the SRJI, acting on the applicants' behalf, wrote to the Argun Prosecutor's Office, asking him for news about the investigation in criminal case no. 45031. They inquired if the investigation, which had been suspended in March 2002, had been reopened after the discovery of Mr Akhmadov's body. They also made requests for the second applicant and the person who had discovered the body to be questioned, for a forensic analysis to be ordered and for the clothes in which the body had been found to be collected from the second applicant for examination. They further inquired if any documents had been obtained relating to the operation in |
Urus-Martan | 158. By a decision of 20 October 2003 the investigator in charge ordered an examination by operative and tactical expert with a view to establishing whether there had been any shortcomings in the organisation and execution of a bomb strike in the vicinity of |
Strøget | 20. A “Memorandum on detentions in connection with the international match between Denmark and Sweden on 10 October 2009”, prepared by Chief Inspector B.O., the strategic commander for the event, was submitted to the City Court. It stated that the police had received intelligence reports that hooligan groups from both countries were set on fighting each other on the match day. The risk of fighting was increased by the fact that the match would not start until 8 p.m., leaving considerable time for each group to consume alcoholic beverages beforehand. In order to prevent such clashes, the plan was to start engaging in proactive dialogue from 12 noon, when the first fans/spectators appeared, and in the event of clashes, first to arrest the instigators under section 755 of the Administration of Justice Act and charge them or, if that was not possible, to detain the instigators by virtue of section 5(3) of the Police Act. Since detention under the latter provision, as far as possible, should not exceed six hours, the memorandum specifically stated that it was preferable to avoid detaining anyone too early during the day, since they would then have to be released during or after the game, with the possibility that they would head for the city centre again and resume their involvement in brawls. At 3.41 p.m. the first big fight started between Danish and Swedish supporters at Amagertorv Square, on |
Dekelia | 30. At 3 p.m. on 14 December 2000 the first applicant was visited by a UN inspector and a doctor. The inspector issued an incident report following the visit, the relevant parts of which read as follows:
“During the visit the prisoner, who is a diabetic, stated that he had no complaints in relation to how he had been treated by the TCPE [Turkish Cypriot Police Element] but that he had been assaulted i.e. punched and kicked by six civilians and had been threatened with a gun by them a short time before his arrest by the TCPE. He stated that his arrest had occurred in the |
the Saya Hill | 34. On 13 August 1996 the transcripts of police radio communications, recorded on the day of the incident, at approximately 8.00 p.m., were drafted. The following conversations are extracts from these records:
“(20.09 a.m.)
4032: HQ
HQ: I am listening
4032: there was a person carrying a plastic bag. We opened fire at him. We captured the wounded person. Now we are on our way to ...
HQ: indicate the address
4032: it is up |
Urus-Martan | 125. In a witness interview of the same date Mr B., a high-ranking officer who at the relevant time had been seconded to the Chechen Republic, stated that he knew nothing about the attack of 19 October 1999 on |
the Urus-Martan District | 34. The Government also submitted that the investigating authorities sent enquiries to law-enforcement bodies in the Chechen Republic and further in the Northern Caucasus. According to the replies received by the investigators, no criminal proceedings had ever been brought against Mr Khanpasha Dzhabrailov, he had not been arrested by any of those law‑enforcement agencies, nor kept in any detention centres, there was no information as to whether he had participated in illegal armed groups, he had not been found among unidentified corpses and had never applied for assistance to any medical institutions. The replies also stated that the federal forces had not conducted any special operation in |