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Julie Ngubiri Zirirane | 12. By a letter of 3 June 2008, the OFPRA replied to a letter from the applicant dated 24 January 2008 in the following terms:
“I have the honour to inform you that on 23 July 2007 the Office certified your family’s situation to the visa section. You are registered with the Office as the husband of Mrs |
Salambek Movsayev | 15. From 25 February to 13 March 2006 the applicants complained about the abduction to various law-enforcement agencies in Chechnya and requested to be provided with information about the whereabouts of their relative; however, the State authorities denied their involvement in the abduction of |
Zurab Iriskhanov | 54. Although the investigation failed to establish the whereabouts of Zurab Iriskhanov, the investigators sent requests for information to the competent State agencies and took other steps to have the crime resolved. The law enforcement authorities of Chechnya had never arrested or detained |
Mokhmad Mudayev | 32. On 11 February and 16 September 2004 the Chechnya prosecutor's office informed the applicants that on 29 September 2003 the Grozny district prosecutor's office had initiated an investigation into the abduction of Aslan and |
Mehmet Şah Şeker | 32. On 21 December 1999 the chair of the Human Rights Commission of the Turkish Grand National Assembly, Ms Sema Pişkinsüt, sent a letter to Mr Ensaroğlu stating that the Diyarbakır Security Directorate had prepared a form for missing persons with regard to |
Mukhashavria | 100. Following their release on 6 February 2004, Mr Khashiev and Mr Baymurzayev moved in with a relative in Tbilisi; they were joined by Mr Gelogayev. On 16 February 2004 they left the house for an appointment at the Ministry for Refugees, but disappeared before ever arriving there. On 25 February 2004 the Georgian media, citing a Russian agency report, announced that the missing men were being held in a Russian prison in the town of Essentuki, on suspicion of having crossed the Russo-Georgian border illegally. On 5 March 2004 Ms |
Sergey Lykov’s | 17. One hour after the incident (at 8 p.m.), an investigator, Ya., from the Voronezh Leninskiy district Investigation Committee arrived on the scene and examined the premises, in particular Office no. 55, from where Mr Lykov had fallen. The investigator seized from the scene a gas mask and a telephone, as well as the sheet of paper with |
Magomed Shakhgiriyev | 10. The applicants submitted that in the early hours of 23 October 2002 eight persons had been detained in their village by a group of servicemen wearing masks and camouflage uniforms and moving around in a Ural military truck, UAZ all-terrain military vehicles and armoured personnel carriers (APCs) with obscured number plates. Among the eight persons there were four relatives of the applicants: |
Rasul Tsakoyev’s | 53. Between 10 and 14 December 2004 the investigators questioned the UBOP officers M.G. and Z.Sh., both of whom gave similar statements to the effect that at the end of September 2004 they had been asked by relatives and friends of |
the Minister of the Interior | 74. The Government submitted a copy of a letter dated 5 May 2009 which the Civil Registry and Migration Department had addressed to the applicant, informing him that following the negative decision of the Reviewing Authority and the expiry of his temporary residence permit, he was requested to proceed to all necessary arrangements so as to depart from the territory of the Republic of Cyprus at once. 78. In his application form to the Court the applicant claims that on 20 March 2005, while he was serving in the Syrian army, he was arrested and taken into detention by the Syrian authorities along with other Kurds because of Nowruz (the Iranian New Year, Nowruz or Newroz marks the first day of spring or Equinox and the beginning of the year in the Persian calendar). He was tortured for ten days along with his co-detainees. They were put into a car tyre and were subjected to bastinado. They were accused of conspiring against the State. Military proceedings were brought against him but after completion of his military service the charges were dropped. During this time the military police collected information on him and his friends and he was entered on a database as a dangerous individual. He was arrested again on 21 March 2006 because he attended the Nowruz celebrations and was a member of Yekiti party. He was detained for a week and was released after bribing the District Officer. He was then re-arrested on 15 August 2006 at his house after attending a Yekiti party meeting. He was released after bribing the same official. He then decided to leave Syria and managed to obtain a Turkish visa after bribing a Syrian security official working at the Turkish embassy. 80. He applied for asylum on 25 August 2006. He claimed that he had left Syria because as a Kurd he had been subjected to discrimination. Kurds were persecuted and did not enjoy any rights. He had therefore left for fear of his life. 81. The Asylum Service held an interview with him on 27 February 2009. The applicant claimed, inter alia, that he was a follower/supporter of the Yekiti Party, he had left Syria due to the injustice that Kurds suffered, and in particular, although he had a passport he had no other rights and he could not buy a house or land or work. He claimed that he was known to the Syrian authorities and he had been taken at the police station and beaten up on several occasions. He had been arrested and detained on a number of occasions. In particular, in 2005 he had been arrested and detained for four or five days for participating in the Nowruz festivities. He had been arrested on another occasion for problems he had in the army. In May 2006 he was detained for a week and in August 2006 for four days. The latter two times he had been released after paying a sum of money. He also stated that he was not wanted by the authorities and no other member of his family had ever been arrested. He claimed that he feared arrest if returned to Syria. 82. Subsequently, the Asylum Service called the applicant for a second interview and asked him to provide any documents he had concerning his application. The second interview was held on 10 April 2009. In this the applicant claimed, inter alia, that certain members of his family worked and that although the job market was not good, he would be able to work if he managed to find something. The applicant stated that he had been arrested on 20/21 March 2005 when he was in the army following a dispute with another soldier on 21 March 2006 for participating in the Nowruz festivities, and on 25 May 2006 and 2 August 2008 when demonstrations took place even though he was not involved. He was not, however, wanted by the authorities nor did he have any problems by reason of the fact that he was a follower of the Yekiti party. 83. His application was dismissed on 13 May 2009 on the ground that he did not fulfil the requirements of the Refugee Law of 2000-2007 (see paragraph 20 above). The Asylum Service considered that there was no possibility of the applicant being subjected to inhuman or degrading treatment if returned to Syria. It therefore held that his asylum application had not been substantiated. In particular, the Asylum Service pointed out that during his interview he had claimed that he had left Syria for two reasons: because of his Kurdish origin he could not work and buy a house or land and secondly due to his arrests by the Syrian authorities. With regard to the first claim, they noted that he had not substantiated that he had been subjected to any form of discrimination due to his origin. As regards the arrests the applicant’s allegations remained unfounded as he had not given any specific answers to questions that had been put to him. Furthermore, during the interview the Asylum Service had spotted a number of significant untruths/falsehoods concerning his claim. 86. The Reviewing Authority observed that the applicant had not been subjected to persecution and had claimed that he was not wanted by the Syrian authorities. In its decision it observed that the applicant’s claims had not been credible and had been vague and unsubstantiated. Although he claimed that he could not buy a house or land, he then stated that his parents owned a house which they lived in. Further, although he initially claimed that he could not work due to the fact that he was Kurdish he then stated that his family worked and he also was able to. The information he gave concerning his arrest and reasons was equally general and vague. He was not in a position to give specific replies to questions given concerning these matters. The Reviewing Authority observed that the applicant had not been able to reply satisfactorily and with precision to certain questions and give information concerning his claims. 87. In conclusion, the Reviewing Authority held that the applicant had not established that he was at risk of persecution if he returned to Syria. Nor did he satisfy the conditions for temporary residence on humanitarian grounds. 88. The applicant submitted that he did not lodge a recourse against this decision as he could not afford to do so and at that time no legal aid was granted in such cases. 90. In his application form to the Court the applicant claimed that he and his family are members of the Azadi Kurdish party in Syria which was banned by the authorities. In early September 2006 the applicant was driving his motorbike in his village carrying Azadi party papers. The civil police in Aleppo ordered him to stop but he fled as he was scared that they would find the papers. The police pursued him but he managed to escape. The next day the police went to his house. The same day he got a visa on his passport. 93. The Asylum Service, however, discontinued the examination of his application and closed his file on 3 April 2009 by virtue of section 16A (1) (c) of the Refugee Law of 2000-2007 (see paragraph 236 below) as the applicant had not come to the interview which had been fixed for 27 March 2009 despite having received the letter requesting him to attend. It was noted in the file that the letter had been sent to him by double registered mail and there was indication he had received it. It was also noted that the applicant, on 19 March 2009, had confirmed on the telephone after receiving a call by the Asylum Service that he would come to the interview. Despite this he had not shown up. Lastly, there was no indication that the applicant had departed from the country. 95. The applicant submitted that he never received a letter asking him to attend an interview and that he had not received notification of the decision of the Asylum Service to close his file. He was subsequently informed of the closure of his file but he did not appeal against the decision as he did not know the procedure to follow and the steps to take so he could appeal against it. He was also scared to approach the authorities. 96. In the copies of the records of the Civil Registry and Migration Department it was noted on 3 March 2010 that in accordance with the instructions of |
Ismail Hasan Muhammed | 34. A post-mortem examination was performed by Dr Abdula Salih, a specialist surgeon, at the Baghdad Forensic Medicine Institute of the Iraqi Ministry of Justice, on the bodies of Ahmed Fattah Hassan, |
Şehmus Bedir's | 13. In 1996 the applicants' village was again raided by gendarmes from Sultanköy and Bilge. Some of the villagers were kept under arrest and released after being beaten up on suspicion of having aided the PKK. The gendarmes also set five houses on fire, including |
Mokhmad Mudayev | 31. On 15 January 2004 the applicants' representatives wrote to the Chechnya prosecutor's office. They described in detail the circumstances of the Mudayev brothers' abduction during the special operation conducted by the Nadterechniy district department of the FSB on 29 January 2003. The letter stated that the brothers had been taken to the detention centre of the district department of the FSB; they had been detained there until 10 May 2003, when they had been taken away in an unknown direction. According to the information obtained by the applicants from the persons who had been detained together with Aslan and |
A.V. Samesov | 32. The applicant’s case file contained an undated internal memorandum by Ch. notifying D. of the applicant’s arrest at 4.30 p.m. on 4 July 2013 on suspicion of fraud. The report indicates that “during the arrest, |
Zalina Mezhidova | 47. On 27 January 2003 the military prosecutor’s office of military unit no. 20102 informed the SRJI that the investigation had identified all the servicemen involved in shooting and abducting Amkhad Gekhayev and |
Hüseyin Koku | 50. In view of the contents of the briefcase, it had been established that Hüseyin Koku was conducting an extramarital affair with a certain C.E., who was a married woman. Adultery being an offence at the relevant time, C.E.’s husband had made a complaint to the authorities against |
Ilgar Mammadov | 30. The Court of Appeal re-examined the evidence and recalled that in accordance with this Court’s well established case-law the domestic courts are in a better position to evaluate the evidence. Reviewing the evidence given by police officers it considered that there was “definitely no legal basis to cast doubt on the reliability of the[ir] testimonies”. It then reviewed the other original witness statements and evidence. It affirmed the conclusion in its decision of 29 April 2016 that “sufficient evidence was collected and assessed comprehensively and objectively before the court of first instance”. It concluded:
“Thus, as a result of reviewing the appeals, the court finds that the judgment of the Shaki Serious Crimes Court dated 17 March 2014 by which the defendant |
Rasim Ağpak | 13. On 26 March 1994 at approximately 5 p.m., two plain-clothed policemen had a drink at the Çağdaş café in Birecik, which was owned by Mehmet Şen and Rasim Ağpak. At approximately 7 p.m., a Doğan SLX car (registration number 34 PLT 30) blocked the door of the café. Three plain-clothed persons entered, leaving the car engine running with a fourth person remaining in the vehicle. One of the three persons asked |
İsmail Çaçan | 51. In his statement, the witness deposed that he used to reside in Çamaltı hamlet attached to the Düzcealan village. He explained that all the villagers evacuated the village and the hamlet in April 1994 due to the activities of the PKK. PKK members had been asking the villagers to supply them with food, clothes and weapons. They also wanted to persuade the children to go to the mountains. According to the witness, the security forces never forced the villagers to abandon the village. The villagers left of their own motion due to PKK pressure. The houses were burned down subsequently by PKK members after the village had been evacuated.
Statement of |
Maksim Petrov | 55. An article published in Komsomolskaya Pravda (in St Petersburg) newspaper on 17 November 2003 and headed “How many [years in prison] will they give to Doctor Petrov?” gave the background of the applicant’s case and some details about the ongoing trial proceedings. It then stated:
“... our journalist managed to meet the police agents who had arrested |
Seyran Ayvazyan | 15. On the same date an inspection of the crime scene was conducted and a report produced, which included sketch maps. The house had two rooms, one behind the other, divided by a wall, with a passageway on the right. All along the front of the house there was a porch, which measured 3 by 1.8 metres. There were windows onto the porch on the left, and the main entrance was on the right, in front of the above‑mentioned passageway. The house also had windows on the right side. The sketch map also noted the positions of |
Giles Van Colle’s | 20. On 28 October 2000 Mr P’s wife’s car was set alight. An Automobile Association inspector concluded that the fire might have been caused accidentally. In the early hours of 29 October 2000 there was also a fire at Mr P’s business premises (an unlocked outbuilding used to store material of little value). The fire officer was inconclusive as to the cause of the fire. When Mr P reported both fires to DC Ridley, asking if Mr Brougham could be responsible, DC Ridley considered it unlikely and advised Mr P, if he had concerns, to contact the Metropolitan Police Service which, on 4 November 2000, informed him that there was no evidence of arson. It was later, during the investigation into |
Shurka Abubakarova | 6. The applicants are:
(1) Mr Magomed Abdulvadudovich[1] Elsiyev, born in 1941,
(2) Mr Isa Noshayevich Demelkhanov, born in 1956,
(3) Mr Vakhid Boltiyev, born in 1937,
(4) Ms Petimat Dzhamaldiyevna[2] Nakayeva, born in 1954,
(5) Ms |
Vladimir Shamanov | 58. In December 2003 and January 2004 the investigation questioned several officers from special police forces (OMON) from the Novgorod region. They submitted, almost word for word, that from November 1999 to March 2000 they had been on mission in Alkhan-Kala and that in early February 2000 an operation had been carried out in the village. Their detachment was being held in reserve, but they were aware that a large group of fighters had entered the village, and several thousand federal troops, with support from aviation and armoured vehicles, had captured a large number of fighters – possibly about 700 persons. The operation was under the command of General-Major Nedobitko, the commander of a division of the interior troops, and was visited by Major-General |
Yahya Keser | 8. On 10 July 1995 the public prosecutor at the İzmir State Security Court filed a bill of indictment accusing Yahya Keser and Nedim Öndeş of membership of an illegal organisation and the other applicants of aiding and abetting an illegal organisation. He requested that |
Magnús Guðmundsson | 32. The State Prosecutor, by letters of 24 April 2013 and 14 February 2014, decided to suspend the investigations into the complaints which had been lodged. In the letter to Hreiðar Már Sigurðsson, it was considered that the explanations provided by the Special Prosecutor were satisfactory; in the letter to |
Bulat Chilayev’s | 68. On 12 July 2006 the district prosecutor further extended the term of the investigation until 17 August 2006. The extension order, in addition to the information cited above, referred to the examination of the scene of the crime and of the applicants’ houses. It noted that both detained men had received positive references at their places of residence and employment. It mentioned the questioning of additional witnesses, including the police officers who had been manning the crossroads at the material time. The order also indicated the need to question other servicemen of “West” battalion who had participated in the operation in Sernovodsk on 9 April 2006 and to identify the owners of the vehicles implicated in the event. The document concluded by stating that the investigation had yet to find the two vehicles involved in the kidnapping and |
Antun Džinić | 19. On 30 October 2012 a three-judge panel of the Vukovar County Court examined the request of the Vukovar County State Attorney’s Office for the seizure of the applicant’s real property. On the same day it accepted the request in full and ordered restraint of the applicant’s real property listed in the request of the Vukovar County State Attorney’s Office (see paragraph 12 above) by prohibiting its alienation or encumbrance. The relevant part of the decision reads:
“The records from the land registry ... show that the accused |
Önder Babat’s | 21. In the meantime, on 3 August 2004 the applicants lodged a criminal complaint with the Beyoğlu public prosecutor against the officials carrying out the preliminary investigation into Önder Babat’s death, and requested that the persons responsible be charged with breach of duty. The applicants claimed in particular that the authorities had attempted to cover up the real cause of |
Aslan Maskhadov’s | 22. According to the authorities, the operation resulted in the discovery of a concealed underground shelter and the arrest of four individuals, including V.U. Khadzhimuradov and V.L. Murdashev, who were |
Miklavž Knez | 7. On 11 December 1946 the Ljubljana District Court convicted Mr T. K., who was a legal predecessor of Mr Miklavž Knez and Mr Andrej Jakša, and sentenced him to 10 years' deprivation of liberty with forced labour, forfeiture of his property and of the property belonging to the company I. K. (Mr T. K. and Mr |
Movladi Nasukhanov | 17. On 20 February 2002 the first and second applicants went to the village of Mesker-Yurt of the Shali District and examined two dead bodies, which had been burned from head to waist. The first and second applicants recognised their sons' shoes and trousers and identified the dead as Movsar and |
Savaş Buldan | 65. The Report analyses a series of events, such as murders carried out under orders, the killings of well-known figures or supporters of the Kurds and deliberate acts by a group of “informants” supposedly serving the State, and concludes that there was a connection between the fight to eradicate terrorism in the region and the underground relations that formed as a result, particularly in the drug-trafficking sphere. In the Report, reference is made to the killing of the applicant's brother:
“All the relevant State bodies were aware of these activities and operations. ... When the characteristics of the individuals killed in the operations in question are examined, the difference between those Kurdish supporters who were killed in the region in which a state of emergency had been declared and those who were not lay in the financial strength the latter represented in economic terms. These factors also operated in the murder of |
Abu Khasuyev | 77. On 14 December 2006 the investigators questioned Mr S.G., who stated that in the evening of 30 August 2001 he had found out that a group of unidentified men armed with automatic weapons had abducted |
Rufan Kazimov | 65. On 27 January 2011, more than two months after the demolition of her home, the applicant concluded a contract of sale with Rufan Kazimov. In accordance with the contract the applicant sold her flat of 28.5 sq. m, which no longer physically existed at the time when the contract was concluded, to |
Serdar Tanış | 121. The witness said that on his return to the station in Silopi he received a telephone call from the Silopi public prosecutor, Kubilay Taştan, enquiring whether two people, who were members of HADEP, had been taken into custody at Silopi district gendarmerie command. He said that they had not, but that he would make enquiries at other gendarmerie posts. The public prosecutor rang back at about 9 p.m. and the witness informed him that his enquiries indicated that neither |
Asradiy Estamirov | 22. On 6 January 2001 (in the documents submitted the date was also cited as 6 December 2001) the investigators questioned Mr R.V. who stated, amongst other things, that on 5 January 2001 he had been told that a man had been wounded as a result of gunfire in his neighbourhood. The witness had taken this man, |
Lecha Basayev | 96. On 16 August 2007 the investigators questioned the eighth applicant, who stated that on the night of 6 July 2002 his son Lema Dikayev had been abducted by a group of men in camouflage uniforms and masks who were armed with automatic weapons. That night the witness had not heard any military vehicles. On the morning of 6 July 2002 he had been told that another resident of Martan-Chu, |
Şahide Gümüş | 19. At an unspecified time on 17 January 2002 the applicants (except for Meryem Peker, Mehmet Şirin Döner and Yılmaz Yavuz) were brought before a judge at the Istanbul State Security Court, who ordered their release after taking statements from them. The applicants concerned were actually released following the Istanbul State Security Court’s order. Seven of the applicants (Ayşe Döner, |
Jaho Mulosmani | 76. The court also held that the MP had not been assassinated on political grounds, but for revenge-related purposes (hakmarrje). The applicant had aided and abetted F.H in committing the murder as he had intended to avenge the murder of his brother, in which F.H believed the MP had been involved. Consequently, the court reclassified the charges against the applicant as premeditated murder committed on grounds of revenge under Article 78 § 2 of the CC, which had entered into force on 24 January 2001. The decision read, in so far as relevant, as follows:
“The prosecutor’s office reclassified the murder under Article 79 (c) connecting it to the fact that, during a parliamentary session, the murdered MP had accused F.H of killing [a police officer].
On that basis, [the prosecutor] determined that the motive for the MP’s murder had been his position as an MP. However, the evidence obtained at trial, the circumstances and the events leading up to the MP’s assassination proved that revenge had been an aggravating factor in the commission of the murder (vërtetojnë se vrasja është kryer për motivet ë dobëta të hakmarrjes).
As disclosed by a number of items of evidence, F.H accused the MP of having been involved in the assassination of his brother on 5 January 1998.
...
On page 8 of the prosecutor’s final submissions, the following question was raised: ‘what drove the accused |
Toğay Gültekin | 15. On 14 January 2005 the Ministry of Defence submitted its observations to the Military Administrative Court. Based on the testimonies of the soldiers from the same regiment (see paragraphs 9-11 above), it argued that on 16 February 2004 |
R. Dobrzyński | 5. The first two applicants were born in 1974 and 1953 respectively. The first applicant is a journalist working for the daily newspaper Rzeczpospolita and the second applicant was, at the material time, its editor‑in‑chief. The third applicant is Gremi Media sp. z o.o. (at the material time Presspublica sp. z o.o.), the publisher of Rzeczpospolita. It is a limited liability company represented by the chairman of its board of directors, Mr P. Bien, and its vice chairman, Mr |
Giancarlo Caselli | 19. Other facts imputed to the complainant were, on the contrary, undeniably defamatory. First of all, there was the oath of obedience, which, beyond its symbolic import, bore the precise accusation that Mr Caselli had given a personal and lasting undertaking to “obey”, in the course of his duties, the law, his religious beliefs and “the instructions of the leaders” of a political party.
The Court of Appeal continued:
“The remainder of the article, which gives a highly defamatory account of Mr Caselli’s alleged obedience to the Communist Party, confirms that the journalist was not expressing judgments or personal opinions but imputing specific conduct to Mr Caselli.
Further on the article asserts
(i) that Mr Caselli is Mr Violante’s twin brother, ...
(ii) that the PCI ... set in motion a strategy of seizing control of all the public prosecutors’ offices in Italy by applying two of the MP’s ideas, the first being to gain power ... by using the judicial machine and the second to resort simply to opening a judicial investigation ... in order to destroy the careers [of political opponents] since there was no need to go to the trouble of a trial, it was enough to put someone in the pillory.
It is in that context that the journalist referred to two actions by |
Iznovr Serbiyev | 29. On 23 August 2002 the Chechnya Prosecutor’s Office stated in reply to the applicants’ letters that it had examined the investigation files opened in respect of the kidnapping of Said-Magomed Debizov, |
Mehdiyev Hakimeldostu Bayram oglu | 21. On the same day the Sharur District Court found the applicant guilty under Article 310.1 (obstructing the police) of the Code of Administrative Offences, and sentenced him to fifteen days’ administrative detention. It was specified in the decision that it could be appealed against within ten days of its receipt. The relevant part of the decision of 23 September 2007 provides as follows:
“Assessing the evidence at its disposal, the court concludes that the fact that |
Commissioner | 23. On 15 November 2004 the applicant lodged a cassation appeal with the Supreme Court. He submitted, inter alia, that the Court of Appeal had refused to call three crucial witnesses for the applicant whose evidence was to rebut the fact of his alleged collaboration with the security services. The applicant further submitted that the Court of Appeal had disregarded his arguments to the effect that his contacts with W.C. had been of a private nature. He submitted that his contacts with W.C. had not constituted secret and intentional collaboration. He also challenged the fact that he could not consult the file in the proceedings before the |
Khamzat Tushayev | 37. On 13 July 2006 the investigators interviewed officer V.S. as a witness. She stated that from 9 a.m. on 8 June 2006 she had been on duty at the checkpoint of the Leninskiy district prosecutor’s office. At about 10.10 a.m. servicemen from checkpoint no. 1 had called her and informed her that |
Süleyman Can | 15. An hour later, unable to reach the men on their mobile phones, their families and lawyers asked the Silopi public prosecutor and the Silopi gendarmerie command for information. The commanding officer, |
Deputy to the | 24. On 18 May 1996 the Lice Chief Public prosecutor issued a decision of non-jurisdiction and transferred the case-file to the Lice District Governor's office in accordance with the Law on Prosecution of Civil Servants. Thereupon, |
Aslanbek Kukayev | 39. On 10 August 2001 the commander of the Chechen OMON drew up a report on the result of the internal investigation into the death of their officer, Aslanbek Kukayev. The report stated that on 26 November 2000 |
Kazbek Vakhayev | 86. On 11 February 2007 Mr A.E. was questioned. He submitted that at the beginning of August 2000 he had been detained by officers of the Urus‑Martan VOVD because he had had no identity documents. He had been held for three days in cell no. 4 with his acquaintances Mr G. and |
The Minister of the Treasury | 18. On 29 October 2001 the Szczecin Regional Court gave a partial judgment. It awarded the applicant PLN 21,105 as compensation for the confiscated machinery. The remaining part of the action was to be examined at the later date. |
Bişar Nibak | 57. The witness, a village guard, was chopping trees near Ormandışı village at Pista fountain. Two or three terrorists opened fire as they arrived. He and Sadik Simpil were injured immediately. Sadik fired back and the terrorists ran away. The guards protecting them reported the incident. The area was besieged. He heard gunshots coming from Ormandışı village. He was taken to hospital for treatment of his injured leg.
Petition of |
the Minister of Justice | 53. In a judgment of 10 November 2009, the Court of Cassation, in a formation eventually consisting of ten judges, including Mr J.M., dismissed the appeals on points of law. As regards the grounds raised by the applicant, it found that the objection of jurisdictional immunity had been validly rejected, as the fact of making public the letter to |
Bekmagomed Daniyev | 203. Between 1 and 15 February 2005 the Argun prosecutor requested that a number of law-enforcement agencies provide information on whether they had conducted any special operation on 6 January 2005 or detained Mr |
Magomed Khamzatov | 41. Shortly afterwards, the armed men went to the applicants’ house and demanded that the first applicant open the door. They said that they were the police and were conducting identity checks. The intruders, who spoke unaccented Russian, took Mr |
Murtazaliyeva | 63. The applicant and her lawyers appealed against her conviction. The statements of appeal submitted by the defence lawyer S. indicated the following:
“... during the hearing 15 out of 16 videotapes containing records of the secret surveillance were not examined; they have significant evidentiary value, because their comparison with ... testimony of |
Nikolay Slivenko | 16. The applicants are of Russian origin. The first applicant was born in Estonia into the family of a military officer of the Union of Soviet Socialist Republics (USSR). At the age of one month she moved to Latvia together with her parents. Her husband, |
Stevo Borojević | 17. On the same day the judge heard evidence from V.P., who said that a certain T.Š., who had died in the meantime, had told him that he had learned that Stevo Borojević had been taken to Žabno by the men who controlled the roads. He had been tortured and then taken to Vurot. V.P. had the impression that T.Š. knew who had taken |
Yakub Iznaurov | 40. In a letter of 21 May 2001 to the Southern Federal Circuit Department of the Prosecutor General's Office (Управление Генеральной прокуратуры РФ в Южном федеральном округе) the applicant's husband enquired about the developments in locating |
Ibrahim Kaypakkaya | 12. As regards Mr Ercan Gül, the public prosecutor noted that he had participated in the May Day demonstration of 1997, where slogans in support of the TKP/ML-TIKKO had been shouted, such as “Liderimiz |
“Jana Charvátová | 34. On 9 March 1998 the Ústí nad Labem Regional Court (krajský soud) dismissed the applicant’s appeal, finding his objection to the use of anonymous testimony unsubstantiated. It noted that both anonymous witnesses had been interviewed in the pre-trial proceedings and that the statement of |
Magomed-Salekh | 27. On 29 January 2003 the district prosecutor’s office opened an investigation into the abduction of Magomed-Salekh Ilyasov and Magomed‑Ali Ilyasov under Article 126 § 2 of the Criminal Code (aggravated kidnapping). The criminal case file was given number 44016. The decision stated that at about 4 a.m. on 12 November 2002 a group of unidentified masked individuals in camouflage uniforms, who had arrived in two APCs and a grey UAZ vehicle without registration plates, had abducted |
Mehmet Ağar | 53. On 5 May 1997 the intervening parties once again requested the first‑instance court to broaden the scope of the investigation. They requested, in particular, that the transcripts of police radio communications of 28 September 1994 be drafted and information be requested from the General Security Directorate as to whether the operation conducted on 29 September 1994 had been one of the “secret” operations that had been told to be conducted by |
Khuseyn Elderkhanov | 91. The first and second applicants are the parents of Mr Rustam Gaysumov, who was born in 1980. The third applicant is his wife and the fourth and fifth applicants are his children. The sixth and seventh applicants are the parents of Mr |
Shakhnovskiy | 83. On the same day Mr Shakhnovskiy was elected to serve as a Senator, i.e. member of the upper chamber of the Russian Parliament. Later he resigned following a request by the Prosecutor General in which the latter claimed that Mr |
Zekeriya Karaman | 14. The judgment’s reasoning is divided into six parts headed by Roman numerals. Part I provides information on the personal background of the accused. Part II contains a description of the circumstances of the case. Part III sets out the type of evidence on which the Regional Court based its establishment of the facts and the court’s assessment of the veracity and credibility of the relevant evidence. Parts IV and V contain the legal assessment of the offences committed by the accused and the determination of their relative guilt and the resulting sentence. Part VI stipulates that the accused are to bear the costs of the proceedings. The judgment refers on several occasions to the role that the heads of the criminal organisation in Turkey played in connection with the use of donated funds for non-charitable purposes. In that context the applicant’s full first and last names are mentioned numerous times in the judgment running to some thirty‑two pages. The most relevant passages of the judgment in parts II to V of its reasoning read as follows:
“II.
...
It was neither the association’s chairman nor the registered members of the association [Deniz Feneri] who decided on the use of funds obtained on behalf of the association but the accused G. in coordination with and upon the instructions of the separately prosecuted (gesondert Verfolgte) |
Behçet Cantürk | 12. When Yusuf Ekinci failed to return home, the applicant and Güngör S.E. inquired at local hospitals and police stations in the course of the evening, but were unable to obtain any information about his whereabouts. As the applicant was concerned that her husband had met with the same fate as |
Rustam Kagirov | 8. On an unspecified date in the autumn of 2004 officers from the 7th Company of the 2nd Regiment of the Chechen traffic police allegedly apprehended Mr Rustam Kagirov and tortured him for two days demanding that he confessed to involvement in illegal armed groups. The officers had suspected him of the illegal activity because of a photograph depicting two men, one of whom thought to be a leader of an illegal armed group and the other one resembled Mr |
Ayub Murtazov’s | 21. On 24 December 2002 the Naurskiy district department of the FSB informed the district prosecutor’s office that they had not carried out any special operations in Naurskaya on 19 November 2002 and that they had no information concerning |
Lech Kaczynski | 9. On 14 September 2010 the Broadcasting Council found that the applicant company had breached its obligations under the Broadcasting Act in that the manner of processing and presenting the content of the commentary had interfered with the dignity of the late Polish President, |
Ismail Makhmudov | 11. On 6 January 2003 the second applicant, Mr Ismail Makhmudov’s father, complained of the abduction to the Gudermes ROVD. Three days later the Gudermes ROVD refused to open a criminal case into the incident, stating that “there were no grounds to believe that [Mr |
Amirkhan Alikhanov | 29. On 11 April 2005 the investigators questioned Mr S.Sh., who stated that his wife, Ms P.N., had assisted the brothers of the abducted Amirkhan Alikhanov in their search for him. On 4 February 2005 she had left the house with a large amount of cash to continue searching for |
M.-A. Abayev | 70. On 23 October 2004 the first applicant complained to the Urus‑Martan town court. She sought a ruling obliging the investigators to provide her with access to the investigation file, to resume the investigation and to conduct it thoroughly and effectively. In her complaint she referred to the Constitution and the case-law of the European Court of Human Rights. On 22 November 2004 the town court rejected her claim. The applicant appealed.
On 8 February 2005 the Supreme Court of the Chechen Republic upheld the town court's ruling. The text of the Supreme Court decision stated, inter alia, the following:
“...it follows from the contents of the investigation file that on 13 September 2000 representatives of Russian power structures had arrested |
Georgacarakos | 110. In Sattar v. Gonzales 2009 WL 606115 (D.Colo.2009) the United States District Court for the District of Colorado dismissed a challenge to conditions of detention at ADX Florence and to the imposition of special administrative measures. The plaintiff had limited contact with his family and attorneys and so the court found that the “severe limitations of ADX confinement” did not amount to the necessary deprivation required by the objective test.
A constitutional challenge to the imposition of special administrative measures at ADX was also dismissed by the District Court in Al-Owhali v. Holder 1011 WL 288523 (D. Colo. 2011); the case is now the subject of an appeal.
In |
İbrahim Kaboğlu | 29. In another article published on 5 November 2004 in the same paper, A.T. stated the following:
“... The lickspittles with their report on minorities and cultural rights are threatening the country’s integrity ... |
N. Burjanadze | 11. On 20 November 2003 the Central Electoral Commission (“the CEC”) announced the final results of the votes in the regularly scheduled parliamentary election of 2 November 2003, according to which seven parties had cleared the 7% legal threshold required by Article 105 § 6 of the Electoral Code (“the EC”, see paragraph 44 below). The opposition party, the Saakashvili‑National Movement, took third place with 18.04% of the vote (giving them 32 seats in Parliament), followed by the applicant party with 12.04% of the vote (20 seats) and the United Democrats, a coalition led by the President of the Parliament, Ms |
Victor Horia Panduru | 5. The applicant is an association from Piteşti (Argeş County) whose registration as a professional association was refused in a final decision delivered by the Argeş County Court on 4 October 2004. Its name in Romanian is Colegiul Consilierilor Juridici Argeş (The Argeş College of Legal Advisers). The application on its behalf was lodged by Mr |
Lema Khakiyev’s | 52. On 5 February 2003 the first applicant complained about her brother’s abduction to the military prosecutor’s office of the United Group Alignment (“the UGA”). The applicant provided a detailed description of the circumstances of |
Giorgi Nikolaishvili | 23. On 2 April 2004 the Vake-Saburtalo District Court ordered the applicant’s remand in custody for three months, with effect from 30 March 2004. The detention order was a standard form, the reasoning of which had mostly been pre-printed. The judge added by hand the reference to the relevant evidence, the names of the parties’ representatives to the proceedings and the classification of the impugned offence:
“Having examined [in accordance with the requirements of procedural law] the well-foundedness of the detention request, and having heard the parties’ pleadings, I have come to the conclusion that the evidence collected – [reference to the evidence obtained in June and July 2003 – see paragraph 18 above] – gives rise to a reasonable suspicion that |
Gordon Milne | 72. The grounds set out, in paragraph 28, some of the specific risk assessments undertaken, including:
(a) a marine traffic analysis of vessel movements through the port during a 25-day period in November 2002 by a marine and risk consultant, Marico Marine;
(b) a concept risk assessment by South Hook LNG Terminal Company Ltd, with the participation of MHPA, dated 9-10 December 2002 identifying hazards, consequences and possible mitigation measures relating to potential use of Milford Haven port for the importation of LNG;
(c) a report by the Maritime Research Institute Netherlands (MARIN), dated 14 February 2003, on simulations to check the nautical consequences of future 200,000m3 LNG carriers;
(d) a March 2003 navigational risk assessment by Marico Marine;
(e) MARIN report of 19 May 2003 on fast time simulations for large LNG ships;
(f) a technical report dated 13 October 2003 by Det Norske Veritas (USA) Inc., a major classification society, in respect of South Hook LNG Terminal Company Ltd’s proposal assessing the marine risk associated with vessel manoeuvres in the channel and around the South Hook terminal for discharging cargo from LNG vessels;
(g) a report dated 20 February 2004 by ABS Consulting, an international consulting operation experienced in the analysis of shipping collisions, for South Hook LNG Terminal Company Ltd, dealing with potential damage to LNG tankers due to ship collisions;
(h) a report dated March 2005 from Burgoyne Consultants, international consulting engineers and risk consultants, updating a report on the potential consequences of fires and explosions involving ships carrying petroleum products (including LNG);
(i) a November 2003 report commissioned by South Hook LNG Terminal Company Ltd from HR Wallingford, the former research facility for the Ministry of Defence, dealing with mooring safety and the possibility of disturbance caused to moored vessels;
(j) a report by |
Sharip Elmurzayev | 66. The reports of 12 April 2004 attest the presence of multiple gunshot entry wounds to the heads and bodies of the applicants' deceased relatives and to the extremities of some of them, and state that any of those wounds could have been lethal and that the death of each of the applicants' relatives occurred in the period from one to five days prior to the date on which the corpses were examined, namely 9 April 2004. The report drawn up in respect of |
Amkhad Gekhayev | 48. On 26 March 2003 the SRJI requested the military prosecutor’s office of military unit no. 20102 to inform the applicants of the latest developments in the case and of the exact number of criminal proceedings instituted in relation to the abduction and murder of |
Alaudin Sadykov’s | 38. In April 2003 the investigator from the Chechnya prosecutor’s office in the Khanty-Mansiysk Region questioned several local police officers who had been on secondment to the Oktyabrskiy VOVD at the relevant time. Witness Sergey Z. testified that he had been the head of the convoy group between February and May 2000. He explained that at first the gymnasium of the former boarding school had been used as a temporary detention ward (“IVS”). He stated that the keeping of records and detention logs had been very poor, if it had been done at all, and that the VOVD officers had had unrestricted access to the persons detained at the ward. He then described how two officers had cut off |
Giulio Andreotti | 16. On the same day, applying Article 57, Article 595 §§ 1 and 2 and Article 61 § 10 of the Criminal Code and section 13 of the Press Act (Law no. 47 of 8 February 1948), the District Court sentenced the manager of Il Giornale and the applicant to fines of 1,000,000 and 1,500,000 Italian lire (ITL) respectively, payment of damages and costs in the sum of ITL 60,000,000, payment of the civil party’s costs and publication of the judgment in Il Giornale. In its reasoning the District Court included the following considerations:
“...
The author of this article, taking as his theme the case against Senator |
Shamsudi Vakayev | 85. On 16 March 2006 the prosecutor's office of the Chechen Republic informed the first applicant that on 8 May 2005 Said-Khuseyn Elmurzayev's dead body had been discovered in the Groznenskiy District of the Chechen Republic and that an investigation into his murder had been opened by the prosecutor's office of the Groznenskiy District in case no. 44078. The whereabouts of |
Rasul Jafarov | 37. Around the time of the applicant’s arrest and thereafter, the same newspaper and online news portals affiliated with the authorities published a number of pejorative articles calling the applicant an “American agent”, with headlines such as “American Agent |
Khadzhi-Murat Yandiyev | 91. On 6 December 2003 a prosecutor from the Grozny District Prosecutor’s Office noted that “no real investigation has taken place and the necessary steps have not been taken to establish and investigate the circumstances of the case”. He ordered the investigators to question the applicant and her husband about the “personality” of |
Allan Jacobsson | 18. On 21 June 2005 the Administrative Court, without a hearing, dismissed the applicant’s complaint as being unfounded. It upheld the District Administrative Authority’s decision as to the minimum distance from the applicant’s property. Referring to the case of |
Ismail Makhmudov | 8. At about 7 p.m. on 4 January 2003 a grey UAZ minivan (tabletka) allegedly belonging to the Gudermes district department of the interior (“the Gudermes ROVD”) parked near the applicants’ house in Oiyskhar settlement, Chechnya. At 8 p.m. Mr |
the Director of Religious Denominations | 36. On 21 and 22 October 1997 Mr Gendzhev and those who had signed the unification agreement on behalf of the Supreme Holy Council headed by him wrote to the Prime Minister and the Directorate of Religious Denominations stating that the conference planned for 23 October was not being organised in accordance with the statute of the Muslim religious organisation and that it was therefore unlawful. Those who had signed the agreement of 30 September 1997 stated that they had been forced to do so by |
Eleftherios Thoma | 47. The second applicant in her statement mentioned that she had recognised her son in a photograph that was published in the Greek newspaper Athinaiki on 28 September 1974 and showed Cypriot prisoners being transported to Turkey on a Turkish destroyer in July 1974.
(f) Application no. 16070/90: |
Beşir Gasyak | 9. On 28 January 2003, between 7 and 8.30 a.m., the applicants and ten other persons were arrested in their houses by officers from the anti‑terrorist branches of the İdil and Şırnak police headquarters. According to the house search, seizure and arrest reports, they were arrested “in connection with the armed attack and in accordance with a decision of the İdil Magistrates’ Court (decision no. 2003/7)”. During the house search, the security forces seized music compact discs from the houses of |
Hüseyin Hasip Efendi | 12. During the proceedings the court examined the following passages:
“My esteemed former Director, ... as a result of your pointless and inappropriate acts, which were carried out merely to obtain economic and political profit and to appear cute to some people, you caused irreparable harm to our historic PTT (Beyoğlu) building ...
... I believe that our late Minister of Communications, |
Zulkhumor Khamdamova | 113. The chapter entitled “Uzbekistan 2011” in the Amnesty International annual report for 2011, released in May of the same year, in so far as relevant, states as follows:
“Reports of torture or other ill-treatment continued unabated. Dozens of members of minority religious and Islamic groups were given long prison terms after unfair trials ...
...
Torture and other ill-treatment
Despite assertions by the authorities that the practice of torture had significantly decreased, reports of torture or other ill-treatment of detainees and prisoners continued unabated. In most cases, the authorities failed to conduct prompt, thorough and impartial investigations into these allegations.
Several thousand people convicted of involvement with Islamist parties or Islamic movements banned in Uzbekistan, as well as government critics and political opponents, continued to serve long prison terms under conditions that amounted to cruel, inhuman and degrading treatment.
Uzbekistan again refused to allow the UN Special Rapporteur on torture to visit the country despite renewed requests.
...
Counter-terror and security
Closed trials started in January of nearly 70 defendants charged in relation to attacks in the Ferghana Valley and the capital, Tashkent, in May and August 2009 and the killings of a pro-government imam and a high-ranking police officer in Tashkent in July 2009. The authorities blamed the Islamic Movement of Uzbekistan (IMU), the Islamic Jihad Union (IJU) and the Islamist Hizb-ut-Tahrir party, all banned in Uzbekistan, for the attacks and killings. Among the scores detained as suspected members or sympathizers of the IMU, the IJU and Hizb-ut-Tahrir in 2009 were people who attended unregistered mosques, studied under independent imams, had travelled abroad, or were suspected of affiliation to banned Islamic groups. Many were believed to have been detained without charge or trial for lengthy periods. There were reports of torture and unfair trials.
...
•In April, Kashkadaria Regional Criminal Court sentenced |
Ramzan Babushev | 33. On 17 January 2004 the military prosecutor's officer of the UGA informed the first applicant that the examination of her complaint had not established any involvement of the Russian military forces in the abduction of |
Mehmet Şah Şeker | 11. Between 11 October 1999 and 5 November 1999 the applicant filed numerous petitions with the public prosecutor’s offices in Bismil, in Diyarbakır, at the Diyarbakır State Security Court, the governor’s office of the state of emergency region and the regional gendarme command in Diyarbakır, the Human Rights Commission of the Turkish Grand National Assembly and the Ministry of the Interior. He requested that the authorities carry out an investigation into the disappearance of |
Alexandru Şuşcă | 22. The applicant alleged that, on the evening of 20 September 1993, an angry mob had appeared at her door, entered the house and destroyed all her belongings. The mob had then proceeded to set fire to her home and she had watched as the flames destroyed it. The next day, when she had returned home with her husband and daughter, she had been met by an enraged mob of villagers who had prevented her from entering the house. Police officers Ioan Moga, |
İzzet Cural | 142. On 10 December 1996 the applicant wrote a letter to the President of the Diyarbakır Provincial Administrative Council, claiming that his brother Mehmet Salim Acar had been taken into detention by Captain |
Abdülhakim Güven | 508. Mr Demırhan refuted the charges read out to him by the Investigating Judge. He had had no relationship with the PKK other than acting as a defence counsel. He had not acted as a courier between prisons (especially Gaziantep prison where he had never set foot). Nor had he brought into prison any knife. At that time lawyers were searched before being admitted into the prison, so carrying in a knife would have been impossible. He knew |