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Murad Zakriyev | 55. In the meantime, the investigators asked various authorities, including the FSB in Ingushetia and the Ministry of the Interior to provide them with information about the special operation in Nazran, the alleged detention of Mr |
Magnús Guðmundsson | 14. Three of the applicants lodged petitions with the Committee on Reopening of Judicial Proceedings (Endurupptökunefnd), seeking to have the proceedings before the Supreme Court reopened. Their petitions were based inter alia on the ground that there had been significant defects in the procedure, as one of the Supreme Court judges, Á.K., had been disqualified from sitting in the case on account of his wife’s and his son’s connection to the case (see paragraphs 33-35 below). On 26 January 2016 the petitions were rejected. |
Charalambos Kalaitsidis | 10. Four other individuals of Kazakh origin, acquaintances of Mr Zelilof, who were also involved in the event, were arrested that night and taken to the police station where the applicant was detained. Among them, Dimitrios and |
Salambek Alapayev | 53. On unspecified dates the investigating authorities requested various authorities, including the prosecutor of military unit no. 20102 and the military commander of the Achkhoy-Martanovskiy District, to inform them if any special operations had been conducted in Sernovodsk on 26-27 April 2004 and whether |
Ramzan Rasayev’s | 11. The applicants submitted a handwritten plan of the neighbourhood indicating their house and the location of the military vehicles. They also submitted statements by Khava Rasayeva and their neighbours, I. B., M. M. and P. G., who confirmed their account of |
Summaya Abdurashidova | 8. During the shooting the applicant's two sons Bilal (born in 1997) and Ilyas (born in 2002) ran out from their bedrooms into the corridor. At some point Bilal ran out of his sister's bedroom, screaming that Summaya had been wounded and was bleeding. It appears that |
Ali Khadayev | 29. On 22 January 2003 the second applicant wrote similar applications to the Military Commander of Urus-Martan, the Head of the Urus-Martan Town Administration and the Urus-Martan District Prosecutor’s Office. In the applications he provided details of the unlawful apprehension of Mr |
Anzhelo Angelov Georgiev | 9. Following the prosecutor’s order of 16 June 2008, a special police operation was carried out on 18 June 2008 in two of the company’s offices located in the same street in Varna. The operation was aimed at the search and seizure of illegal software and was carried out pursuant to the instructions of the supervising prosecutor. Ya.K., a CSCOC officer and the head of the operation, had given the operational instructions to the officers involved shortly before the operation began. Those instructions were to enter the company’s premises as quickly as possible, to overpower all individuals found there in order to prevent them from interfering with any electronic evidence, and to seize the computer equipment found in the offices. A district court judge confirmed the validity of the search‑and‑seizure operation within 24 hours of its having taken place. A number of computers and black boxes, the latter referred to in the search‑and-seizure reports as “computer systems”, as well as one folder of paper documents, were seized in the presence of certifying witnesses during the operation. The manager of the company, |
Semiramis Gradlekova | 12. On 4 February 1991, at the request of the Bakırköy Assize Court, the Forensic Medicine Institute drew up a report which concluded that the signature of Semiramis Gradlekova on the contract of adoption was authentic. However, in a further report dated 28 August 1991 the Forensic Medicine Institute noted that its examination of 4 February 1991 had been based on a comparison between the signature of |
Movsar Khutsayev | 13. After the servicemen had left the house, the second applicant followed them and saw several Russian military vehicles – Ural and UAZ cars and armoured personnel carriers (APCs) – parked next to the village cemetery, about 500 metres from the applicants' house. She saw the officers putting Beslan and |
Viktor Trubnikov | 14. On return to the prison after the match, Viktor Trubnikov was found to be under the influence of alcohol. At 7.15 p.m. a prison officer placed him in a punishment cell where he was to be kept in solitary confinement before his inspection by the prison warder the following morning. At 8.20 p.m. |
Nenad Đokić | 42. On 21 January 2009 a number of applicants, specifically Mr Adnan Habimi, Mr Ljubomir Simić, Mr Srđan Lomigora, Mr Bojan Vučković, Mr Bajram Baždar, Mr Branislav Radulović, Mr Darko Savić, Mr Qerim Binaj and Mr |
Ali Taziyev | 9. The women and children of the applicants’ family were made to stay outside in sub-zero temperatures, and were then allowed to go to a neighbour’s house, but only several hours later. Some more hours later the fifth applicant heard the armed men saying on their radio that the information that a fighter was present in the applicants’ house was false. At around 12.30 p.m. the servicemen left, without finding any trace of Mr |
Ayubkhan Magomadov | 71. In reply to the requests, on 6 April 2002 the military commander's office of the Kurchaloy District stated that none of its servicemen had participated in any operations on 2 October 2000 and that it had no information about the whereabouts of |
Gebremedhin | 10. The applicant stated that he had travelled to South Africa and, with the help of a smuggler and using a Sudanese passport (in the name of “Mohammed Eider” or similar), which had been kept by the smuggler, had arrived in Paris-Charles de Gaulle Airport in Roissy at around 5.30 a.m. on 29 June 2005 on a flight from Johannesburg. He submitted that he had been held in the airport’s international zone until 1 July 2005 and had thus been unable to apply for leave to enter the country. Eight hours after his arrival he reported to the police station, saying that he was Eritrean and wished to apply for asylum. The police officer asked him to “prove where [he] had come from, claiming that [he] was not Eritrean but Pakistani, and for the first time refused [him] permission to leave the international zone”. According to the applicant, over a period of two days (between 29 June and 1 July), he went regularly to the police station – at each change of shift, or approximately eight times – in the vain hope of finding a police officer who would deal with his application. He said that “it was not until 1 July that a new police officer whom [he] had not seen previously finally registered [his] application”.
The Government contested this version of the facts. They said that they had checked the passenger lists for flights from South Africa which landed at Roissy Airport on 29 and 30 June and 1 July 2005 and that there had been no mention of anyone by the name of |
the Deputy Minister | 8. On 7 December 2001 the Deputy Minister of Justice (Staatssecretaris van Justitie, the “Deputy Minister”) notified the first and second applicants of her intention (voornemen) to reject their asylum requests. In the light of various contradictions in the statements given by the first and second applicants, their inability to answer basic questions about the respective tribes they claimed to belong to, and the second applicant’s inability to provide simple topographic details of the city and the surroundings of the place where he claimed he had grown up and/or to provide any details about the M. opposition movement (goal, members, structure, leader) for which he claimed to have been active, |
Farrukh Gapirov | 43. The Kyrgyzstan chapter of the 2013 Annual Report by Amnesty International, in so far as relevant, reads as follows:
“Torture and other ill-treatment remained pervasive throughout the country and law enforcement and judicial authorities failed to act on such allegations. The authorities continued to fail to impartially and effectively investigate the June 2010 violence and its aftermath and provide justice for the thousands of victims of serious crimes and human rights violations, including crimes against humanity. Ethnic Uzbeks continued to be targeted disproportionately for detention and prosecution in relation to the June 2010 violence.
...
The Osh City Prosecutor stated in April that out of 105 cases which had gone to trial in relation to the June 2010 violence, only two resulted in acquittals. Only one of those cases involved an ethnic Uzbek, |
the Minister of Healthcare | 21. Meanwhile, in late 2005 the Minister of Healthcare was dismissed from his position and charged with a number of criminal offences, including offences involving abuse of official power. On 20 April 2007 the Assize Court convicted |
Nicolai Gorbatii | 28. On an unspecified date in 2006 a bailiff enforced a 2003 judgment in favour of the company, according to which it had to be paid by private third parties MDL 25,353 (EUR 1,643). Since the company had debts worth MDL 429,727 (EUR 24,580), on 8 December 2006 a bailiff distributed the amount recovered from the third parties between several of the company’s creditors, including Mr |
David Assanidze | 96. The President of the Supreme Court considered it unfortunate that the committee had failed to mention that the applicant had been held since his conviction in the Ajarian Ministry of Security prison, in breach of the law. He noted that Mr |
Osman Karademir | 15. On 6 June 2002 two police officers, one of whom was acting as investigator, questioned Dr İbrahim Öner from the Haydarpaşa Hospital in relation to his examination of the applicant on 26 May 2002. He stated the following:
“On 26 May 2002 police officers brought |
Musa Gaytayev | 7. The first applicant was married to Mr Musa Gaytayev, who was born in 1972. The fifth applicant is the mother of Musa Gaytayev and of the second, third and fourth applicants. The first applicant and |
Vakhid Musikhanov's | 46. Overall, the Government submitted 17 documents, which included:
(a) a list of documents contained in the file of criminal case no. 61149, from which it can be ascertained that the file comprised at least 132 document running to 150 pages;
(b) a procedural decision of 15 November 2002 to institute criminal proceedings in connection with |
Adam Birsanov | 55. On 20 December 2005 the Severnaya Ossetia newspaper published an article, ‘Beslan. Who is to Blame?’ which contained a list of names, allegedly produced by the General Prosecutor’s Office, of the terrorists who had taken part in the attack on the school. At no. 32 appeared the name “ |
Hatice Tekdağ's | 29. The main file on the investigation into A.T.'s disappearance is the Diyarbakır Public Prosecutor's preliminary investigation file no. 1998/130. It contains 108 documents. The six previous investigation files, which were finally incorporated into this file, are as follows:
(i)the Diyarbakır Public Prosecutor's office file no. 1996/748 (this investigation ended with a decision of no jurisdiction ratione loci);
(ii)the Silvan Public Prosecutor's office file no. 1996/70 (this investigation ended with a decision of no jurisdiction ratione loci);
(iii) the Diyarbakır Public Prosecutor's office file no. 1996/6950 (this investigation ended with a decision of no jurisdiction ratione loci);
(iv) the Silvan Public Prosecutor's office file no. 1996/685 (this investigation ended with a decision to discontinue the prosecution);
(v)the Silvan Public Prosecutor's office file no. 1996/286 (this investigation began following the Ministry of Justice's intervention and ended with a decision of no jurisdiction ratione loci);
(vi) the Diyarbakır Public Prosecutor's office file no. 1996/7840 (this investigation ended with a decision of no jurisdiction ratione loci);
(vii) the Silvan Public Prosecutor's office file no. 1996/286 (the investigation was reopened and ended with a decision of no jurisdiction ratione loci).
The main documents in the investigation file concerning A.T.'s disappearance are as follows:
(i) the Diyarbakır Security Directorate's letter of 9 January 1995 to the Governor's office in Diyarbakır;
(ii) the Diyarbakır Security Directorate's letter of 8 March 1995 to the Governor's office in Diyarbakır;
(iii) the Diyarbakır Security Directorate's letter of 8 March 1995 to the Principal Public Prosecutor in Diyarbakır;
(iv) the Diyarbakır Security Directorate's letter of 20 March 1996 to the Principal Public Prosecutor in Diyarbakır;
(v) the Diyarbakır Provincial Gendarme Commanding Oficer's letter of 31 March 1996;
(vi) the Diyarbakır Principal Public Prosecutor's decision of 11 April 1996 to discontinue the criminal proceedings;
(vii) the Silvan Public Prosecutor's letter of 6 May 1996 to the public prosecutor in Diyarbakır, which states:
“Further to the investigation conducted by our public prosecutor's office in connection with the person named Ali Tekdağ, who is alleged to have been taken into custody in Diyarbakır on 13.11.1994, then taken to the Silvan Armoured Brigade Base and killed in custody, and in connection with the allegations contained in |
Ramazan Umarov | 61. On the same date, 31 July 2007, the Dagestan MVD requested the Sovietskiy ROVD to confirm the following:
“The investigation conducted by the Makhachkala Sovietskiy district prosecutor’s office established that on 28 April 2007, following a special operation, Mr |
Ahmet Sadık | 10. For practical reasons, Mrs Zarakolu will continue to be called “the applicant”, although Mr Zarakolu is now to be regarded as such (see Dalban v. Romania [GC], no. 28114/95, § 1, ECHR 1999-VI and see also |
Visita Shokkarov | 33. On 7 August 2003 the Ingushetia prosecutor’s office informed the applicants’ representatives that on 6 January 2003 the ROVD police officers had arrested Visadi Shokkarov on the basis of a written instruction from the Nadterechniy prosecutor’s office. The letter further stated that |
Michael Weatherby | 14. On 1 March 2007, the applicant’s solicitor informed the Secretary of State that an application had been made to the High Court for reconsideration of its decision. He relied on the affidavit sworn by an American attorney, which stated that the trial court could in fact impose the death penalty if sufficient aggravating features were found to exist in the first applicant’s case. By way of an order dated 20 March 2007, Florida Circuit Judge |
Abdul-Malik Shakhmurzayev’s | 27. On 27 May 2002 the applicants and their relatives wrote to the Grozny district prosecutor’s office (the district prosecutor’s office) and provided the following details concerning the circumstances of |
Islam Tazurkayev | 79. According to the applicants, at about 2 p.m. on 20 January 2001 Islam Tazurkayev and three other men were driving in a VAZ vehicle around Grozny when they were stopped by a group of Russian military servicemen in an APC and a white VAZ-2121 (Niva) vehicle for an identity check. Having checked the documents, the servicemen blindfolded |
Sulim Khatulov | 79. On 28 February 2001 the Grozny district prosecutor’s office opened criminal case no. 19015 under Article 127 of the Criminal Code (unlawful deprivation of liberty). The relevant parts of the decision read as follows:
“... Between 7 a.m. and 2 p.m. on 26 January 2001 in the village of Komsomolskoye a ’sweeping’ [operation] was conducted by servicemen from the 71st regiment and 46th brigade ... assisted by officers of the military commander’s office, the FSB and the VOVD [temporary department of the interior] of the Grozny district.
In the course of the operation at about 12 noon |
Khanpasha Dzhabrailov | 19. On 10 June (or September) 2003 the military commander’s office of Urus-Martan District informed the applicant in reply to her complaint of 11 April 2003 (see paragraph 15 above) that they had carried out an internal inquiry which had not established Mr |
Gablishvili | 24. On 20 January 2012 the Federal Service for Drug Control issued a decision on the undesirability of the first applicant’s presence in Russia (the “exclusion order”) which read in its entirety as follows:
“1. On the basis of the materials received from the Komi division of the Federal Service for Drug Control, and in accordance with section 25.10 of the Entry and Exit Procedures Act, to declare undesirable the presence in Russia of the Georgian national Mr |
Natella Kaftailova | 30. On 7 January 2005 the Directorate sent a letter to the applicant which read as follows:
“ ... The Directorate ... has taken note of the final decision of the European Court of Human Rights (First Section) ... on the admissibility of the application in the case of |
Suleyman Tsechoyev | 18. The applicant and his relatives had no news of Suleyman Tsechoyev after 25 February 1999. On 16 March 1999 a man who introduced himself as “Aslan” contacted one of the applicant's relatives. According to “Aslan”, he had been detained with |
Panikos Hadjiathanasiou | 15. Following orders from Sergeant Serghiou of the SBA police, Constable Duru Chorekdjioglou (a Turkish-Cypriot member of the SBA police) and Constable Petros Kamaris (a Greek-Cypriot member of the SBA police) arrived at the Achna roundabout, where they met |
Mehmet Emin Ayhan | 12. In early 1992 the Head of the Silvan Security Department telephoned Mehmet Emin Ayhan and asked him if a member of the special police unit could be accommodated at the hospital for some time. Mehmet Emin Ayhan replied that police officers were not members of the hospital staff and did not therefore qualify for accommodation at the hospital. The Head of the Security Department expressed his disappointment in strong language and told |
Laura Usumova | 155. The applicants are:
(1) Ms Malika Usumova, who was born in 1960,
(2) Ms Aminat Usumova, who was born in 1985,
(3) Mr Zaur Usumov, who was born in 1988,
(4) Mr Zurab Usumov, who was born in 1994, and
(5) Ms |
Mehmet Acar | 154. On 3 October 1995 the Ministry of Foreign Affairs, acting on the Commission's decision of 4 September 1995 (see paragraph 4 above), requested the Ministry of Justice and the Ministry of the Interior to gather and transmit information about the case of |
Akhdan Tamayev | 202. Since that time the investigation has been resumed and suspended on numerous occasions. On several occasions supervising prosecutors criticised the progress of the proceedings, ordering the investigators to take a number of basic steps, such as questioning the ROVD officers, checking the reasons for the officials’ failure to register Mr |
Koktysh I.G. | 16. On 9 July 2007 the General Prosecutor’s Office of Belarus requested the General Prosecutor’s Office of Ukraine (hereinafter, “the GPO”) to extradite the applicant. In its request the General Prosecutor’s Office of Belarus indicated that “ |
Khalid Khatsiyev | 18. Aslambek Imagamayev stated that he had run through the forest to tell the villagers what had happened. He stated that he had heard the helicopters shooting for some time. Baymurza Aldiyev testified that he had run towards the river and had hidden there in a bush. He estimated that the attack on the Niva car had continued for about an hour and a half. After the helicopters had left, he returned to the vehicle and found the bodies of |
Chikviladze | 147. At about 4 a.m. on 4 October 2002, the above-mentioned prison staff were informed that a loud noise was coming from cell no. 88. Mr Dalakishvili instructed a warden to find out what was happening. The latter looked through the peephole in the cell door and saw that the prisoners were dismantling beds and shouting in a foreign language. According to Mr |
Sezai Çetin | 13. On 4 September 1998 the applicant’s representative filed a criminal complaint with the Pendik public prosecutor. In his petition, the applicant’s representative maintained that on 26 August 1998 the applicant had been subjected to ill-treatment by three police officers at the Pendik Security Directorate Building during his interrogation, before being taken to the Pendik police station to spend the night. The lawyer stated that one of the police officers was called |
Rachid Aoulmi | 27. In his second letter the doctor indicated:
“I refer to the second medical certificate that you sent to me, for my opinion, concerning the state of health of Mr Rachid Aoulmi, issued by Lyon-Sud Hospital on 13 July 1999.
Supplementing the previous certificate that you brought to my attention, this second certificate confirms that Mr |
Islam Dubayev | 60. On 17 July 2003 the district prosecutor's office ordered the Urus‑Martan VOVD to conduct investigative operational search measures in criminal case no. 24071 to identify persons who could have seen |
Murad Khachukayev | 20. The applicant asked his family members and neighbours to preserve the footprints in order to enable the authorities to conduct a crime scene examination and collect evidence. After that the applicant and his elder son went to Urus-Martan and complained to the Urus-Martan district prosecutor’s office (the district prosecutor’s office), the Urus-Martan district department of the interior (the ROVD) and the Urus-Martan district military commander’s office (the military commander’s office) that |
Zelimkhan Isayev | 50. By a letter dated 18 August 2004 the district prosecutor’s office informed the first applicant that it had examined his complaint and had decided not to institute criminal proceedings against the FSB officers. The refusal to institute criminal proceedings was enclosed in the letter and, in so far as relevant, stated as follows:
“...
On 6 August 2004 the district prosecutor’s office received the [first applicant’s] request to institute criminal proceedings against FSB officers ... The complaint alleges that upon admission to the district FSB |
Gabriel Carabulea | 81. Following a visit to Romania, the Special Rapporteur in his report of 23 November 1999, found that there were persistent cases of police abuse aimed at extracting confessions from a suspect and that there was evidence to support the allegations that the Roma were more likely to be victims of police abuse than others. He further criticised as ineffective the system of investigation in which the military prosecutors had the exclusive authority to investigate, thus leading to the perception that the military prosecutors lacked independence and impartiality. He also noted that he had received numerous reports alleging that medical certificates were frequently falsified to cover-up ill-treatment by police and stressed that in most cases the investigations resulted in decisions not to prosecute.
In spite of a request to the Romanian authorities, the Special Rapporteur did not receive any statistics on the number of complaints filed and prosecutions brought under Articles 266 (Abusive behaviour), 267 (Abusive investigation) and 267(1) (Torture) of the Criminal Code.
Referring to the case of |
Abdullah G. | 76. In a statement taken on the same day from the traffic police officer Şevket Y., he stated that he did not recall anything about the incident. He considered that it was probable that Yusuf Ekinci's body had been found when he was not on duty. Similar statements were taken on 16 June 1998 from the traffic police officers |
Adam Arsamikov | 82. After the beginning of hostilities in Chechnya in the autumn of 1999 the applicant’s family moved from Grozny to Ingushetia. They stayed in a camp in Karabulak, which was located in a garage area. The applicant’s husband, Mr |
Chumak S.V. | 6. On 12 September 2006 the applicant submitted a written notice to the mayor of Vinnytsia informing him that the Chumatskyy Shlyakh civic youth association (“the Association”) registered in Vinnytsia, of which he was chairman, intended to hold a picket (пікет) outside the Vinnytsia Regional Authority (“the regional authority”) building. The notice read as follows:
“We inform you that, starting from 14 September 2006 our organisation will hold a picket [in front] of the [regional authority] for an indefinite term in view of the unhealthy, in our view, social and economic state of affairs in the region.
Beginning of the picket: 14 September 2005 at 14:00.
Place: square in front of the [regional authority] building;
Responsible person according to the decision of the Association’s management: |
Christopher Edwards's | 29. The inquiry received evidence on fifty-six days over a period of ten months. It sat in private. It had no powers of compulsion of witnesses or production of documents. Two prison officers refused to give evidence. The inquiry report later noted that one of these had potentially significant evidence and his refusal was said to be “all the more regrettable since he had passed by |
Nikolaos Leonidis’ | 21. Following the preliminary inquiry the case was referred to the Indictment Division of the Thessaloniki Criminal Court of First Instance, which on 29 March 2001 decided not to press charges against G.A., considering that |
Errol Johnson | 52. The Committee has held that “in the absence of further compelling circumstances” prolonged detention on death row per se does not constitute a violation of Article 7 of the International Covenant on Civil and Political Rights (prohibition of cruel, inhuman or degrading treatment) (see Hylton v. Jamaica, Views of 16 July 1996, communication no. 600/1994, |
Murat Bektaş | 36. With regard to the killing of Murat Bektaş, the trial court rejected the first applicant's allegation that the lights had been on in the flat at the time of the incident and that her husband had not had a firearm. The trial court considered it probable that |
Adem Albayrak | 69. On 3 March 2000 the court delivered its judgment. Basing itself on autopsy reports, ballistics reports, incident reports, testimonies, photographs and video footage of the incident, the court found it established that police officer |
Chichek Mammadova | 56. He further noted that, on 26 March 2004, he had instructed E.G. and Y.A. to go to the applicant's premises and have a “prophylactic conversation” with the latter. He also requested the Sumgayit City Police Office to send some police officers there in order to “avoid any incidents”. However, S.R. insisted that he had not instructed either E.G. and Y.A. or the police officers to evict the applicant's family by force. The applicant's possessions were moved out of the premises only after the act of self‑immolation by |
Charles Thomas Kimbrel | 6. On 10 August 1999, in Jacksonville, Florida, Joshua Hayes was killed by a gunshot wound to the head in the course of a robbery.
The first applicant was subsequently arrested for the murder of Mr Hayes and, on 3 February 2000, was indicted for first degree murder and attempted robbery with a firearm. On 7 February 2000 the prosecution filed a notice that they intended to seek the death penalty for the charge of first degree murder; that notice was subsequently withdrawn. According to an affidavit filed in support of the United States’ extradition request by Mr |
Kh. Mikiyev | 12. According to Mr Kh. Mikiyev, the applicants’ relative and Mr Isa Mikiyev’s son, on 3 May 2001 the abductors took them to the checkpoint, where both of them, along with the eighteen other detained residents of Tsa‑Vedeno, were put in a military helicopter and taken to the main military base of the federal forces in Khankala. All of the detainees, except for Mr |
Kutlu Adalı | 42. On the anniversary of Kutlu Adalı's death the applicant organised a ceremony to commemorate her husband. On the day of the ceremony, the municipality brought in digging machines to dig up the road just under their street. The applicant also submits that a picture of |
Ayndi Dzhabayev’s | 84. In their observations of 24 March 2008 the Government additionally submitted that the investigation had resumed on 27 March 2006. A number of answers from various departments of the Ministry of the Interior and the FSB testified that these bodies had no information about |
Khamzat Merzhoyev | 123. The Government stated that the investigating authorities had sent queries to various State bodies, asking them to provide information concerning Khamzat Merzhoyev's apprehension and detention, any requests for medical assistance or any “discrediting” information about him, as well as information on special operations which could have been conducted in Katyr-Yurt on the night of 23 November 2003. In their letters different district departments of the interior stated that “on the night of 23 November 2003 |
Abdula Edilov | 33. On 7 February 2006 the applicant complained to the district prosecutor’s office about the procrastination of the investigation into the abduction of her son and the lack of any information on its progress. She reiterated all the circumstances of the abduction of |
Paweł Lewandowski | 24. On 8 December 2000 the District Prosecutor ordered the preparation of a forensic report. According to that report dated 16 December 2000 Paweł Lewandowski sustained the following injuries as a result of an assault on 3 August 2000:
1) an injury to his head without loss of consciousness with suspected concussion, which was not confirmed by an electroencephalography examination;
2) ecchymoses on the left side of the forehead;
3) an injury to the area of the left eye socket with swelling and reddening of the left upper eyelid;
4) an injury to the left side of his neck with ecchymoses;
5) an injury to the back of his head with pressure pain;
6) an injury to both arms with ecchymoses on the inside area;
7) an injury to the area below the right part of the ribs with pressure pain.
The forensic report concluded that the injuries sustained by |
Superintendent Y | 33. The Court of Appeal acknowledged that the public had a particular interest in being informed and entertained because X was a well-known figure and had played the part of a police superintendent over a long period of time (längerer Zeitraum). However, even if X played that role, this did not mean that he had himself necessarily become an idol or role model as a law-enforcement officer, which could have increased the public’s interest in the question whether in his private life he actually behaved like his character. It was clear that the actor X could not be identified with the fictitious character of |
A.R. “Vanagas | 16. Birutė Mažeikaitė, code name “Vanda” (hereinafter – also B.M. “Vanda”), was born in 1924. From 1945 she was a liaison person (ryšininkė) of the partisans of the Dainava Region, and was later a partisan in that region. She was |
Khaseyn Suleymanov | 10. On 13 May 2002 Mr Salambek Bisultanov, the deputy head of the Shali district department of fight against organised crime, informed the first applicant that Mr Aslan Ireziyev and Mr Khaseyn Suleymanov had been brought to the Main Federal Military Base in Khankala, and promised to arrange their release at 5 p.m. in Argun. At the specified time four camouflaged servicemen brought Mr |
Seyran Ayvazyan | 24. Police officer H.Gev.’s account was as follows. After the six police officers had entered the house, Seyran Ayvazyan threatened them and told them to leave. They left – that is to say he noticed that the others had already gone out. Realising that he was alone, he tried to leave the house while holding the table. He had not yet reached the door when suddenly |
Ibragim Idrisov | 26. On the morning of 3 February 2002, when the applicant came to visit her husband in the VOVD as usual, she was informed that Mr Ibragim Idrisov had been released the day before, on 2 February 2002. Meanwhile, Mr |
Chief Sergeant SM | 21. On 30 September 2004 the investigating officer completed his work on case-file VII-20/2004. In his findings on the facts he described the unfolding events in detail as follows:
“On 3 August 2004 the operator on duty at the district police station of Samokov Chief Sergeant KB, a witness, took a call from a private person KK who reported that three men were preparing to commit theft from a lorry parked on Tzar Boris III Street. The lorry belonged to Markan Ltd – it was left parked in the street with its signal lights on by GS, who worked as a supplier for Markan Ltd. The operator dispatched patrol officers |
Ercan Dikici | 6. The same day, the Aliağa Public Prosecutor started an investigation into the incident. Subsequently, on 17 August 1995 he initiated criminal proceedings in the Aliağa Criminal Court against three persons, including the employer of |
Robert McConnell | 20. John Weir's statement made detailed allegations about security force collusion with loyalist paramilitaries in a series of incidents. He alleged inter alia that RUC Reserve Constable Laurence McClure had told him that McClure and |
Magomed-Salekh | 70. On 1 February 2003 the investigator interviewed as a witness the applicant’s other daughter-in-law, Z.I. According to her interview record, at about 4 a.m. on 12 November 2002 the applicant had woken her up to cook. Through a window Z.I. had seen two APCs and an UAZ vehicle outside the applicant’s house. Suddenly a group of armed masked men burst in. They pointed their guns at her. When Z.I. went into the next room she saw the armed men handcuff |
Said-Magamed Tovsultanov | 18. On 2 November 2005 the district prosecutor's office suspended the investigation in the criminal case for failure to identify the perpetrators. The decision stated that the investigators had: questioned three neighbours of |
Ayndi Dzhabayev | 80. The Government further stated that in December 2005 the investigators had questioned the head of the Urus-Martan administration, who had stated that on 8 September 2002 he had seen the cordon of servicemen in Krasnoarmeyskaya Street, but had had no information about the detention of |
S. Vlasenko | 77. Among a considerable number of other documents, the applicants submitted an undated list of items seized from their house, countersigned by their mother, two attesting witnesses and police officer |
Hazım İncin | 16. The trial before the Hakkari Assize Court started on 12 April 2010. The two applicants who had introduced the complaint with the prosecutor on 22 March 2005 (see paragraph 6 above), namely Halima İncin and |
Magnús Guðmundsson | 6. The applicant Sigurður Einarsson was born in 1960 and lives in Reykjavík. The applicant Hreiðar Már Sigurðsson was born in 1970 and lives in Luxembourg. The applicant Ólafur Ólafsson was born in 1957 and lives in Pully, Switzerland. The applicant |
Yusuf Ekinci's | 38. In a statement taken by the police on 27 February 1994 from Hüdayi D., a doorman at the applicant's residence, the witness declared that he had observed nothing suspicious about Yusuf Ekinci and had seen no strangers coming to or leaving |
S.-E. Sambiyev | 45. On 9 October 2003 the investigators questioned Mr S.Kh., the head of a special platoon of the Security Service of the Chechen President. The applicant’s son had served in his platoon as an intelligence officer. At some point he had been informed that |
Movsar Khamzatov | 43. On 22 August 2005 the UGA prosecutor’s office replied to another query by the first applicant that, following his complaint, on an unspecified date it had reversed a decision to close the investigation into the killing of |
Commissioners | 15. The applicant appealed against the assessments. Initial hearings during early 1989 before the General Commissioners were adjourned on the application of the applicant or Miss J. On 24 August 1989, at the Revenue's application, the appeals were transferred to the Special Commissioners of Taxes. A hearing of one week was scheduled for November 1990. On the date set for the hearing of his appeal, the applicant applied for judicial review of the refusal of the Special |
Ayndi Diniyev | 85. At about 1 a.m. on 16 August 2003 a group of about ten to fifteen armed servicemen in camouflage uniforms and balaclavas arrived at the flats in three grey UAZ vehicles and an APC. They broke into the applicant’s flat, quickly searched it, dragged Mr |
Ali Taziyev | 8. At 6.40 a.m. the armoured personnel carrier broke down the gates of the applicants’ house and entered the courtyard, damaging the fence roof, walls, the vineyard and a parked car. The soldiers ordered the applicants, who mostly did not have daytime clothes on (except for the second applicant, who was at work) to come out of the house. They tied up the fifth applicant and made him move around inside the house and its courtyard, threatening him with a gun and demanding to know the whereabouts of his brother, Mr |
Milana) Kasumova | 5. The applicants are:
(1) Ms Khalimat Kosumova (also spelled as Kasumova), who was born in 1978;
(2) Mr Arbi Kasumov, who was born in 1952;
(3) Ms Taus Kasumova, who was born in 1959;
(4) Mr Usman Kasumov, who was born in 1988;
(5) Ms Marina (also spelled as |
Mehmet Karataş | 99. The witness explained that 12 September was a relatively sensitive date in Turkey and that, at that time of the year, several thousand people were being held in police custody; some of them later disappeared. He said: “At the material time we, the prosecutors, were unable to inspect prisons or police stations. During a visit to the Security Directorate, I heard certain noises and asked the police officers where they were coming from. They replied that they had recorded the sound of people crying out in pain with a view to subduing prisoners. With regard to the present case, I tried to investigate it to the best of my ability. I had strong suspicions but did not manage to get very far. I am of Kurdish origin and my telephone line was being monitored. I was transferred to Elmadağ (Ankara), the district where I worked thirty years ago.”
(o) |
Jurij Biełaj | 25. By a judgment of 16 June 2000 the Lublin Regional Court found the applicant guilty as charged and sentenced him to three years' imprisonment and a fine.
The court established that on 29 June 1992 the applicant and the victim, who did not know each other, had been selling merchandise at the market‑place in Lublin. The written grounds of the judgment, in so far as relevant, read as follows:
After trading hours had ended, when L.S. and the women who accompanied him were walking out of the market place, the accused came up and demanded that he give him PLZ 500,000. L. S. refused saying that he did not have that amount of money (L.S. testimony, pp. 15-17, 484-486). In reaction, the accused put a knife first to the victim's neck and then to his stomach and told him that he would beat up him and his wife up. As the accused was under the influence of alcohol and behaved in a vulgar and aggressive manner, his threats made L.S. fear for his and his wife's life. He gave PLZ 140,000 to him (testimony of L.S., page 16, of W.K, page 14, of M.C., page 13).
Later on that evening L.S. and his wife went to the train station and saw the accused there. L.S. and a man named W. decided [then] to try to take the money from [the accused]. They approached him and started to talk to him. The discussion ended with [the accused's refusal] and a scuffle; [the accused] hit L.S. in the face. That incident was observed, from the very beginning, by M.C. and W.K. [also present at the train station] who decided to inform the police. After their intervention two uniformed police officers arrived. Seeing them, the accused started to run away. He was apprehended after a while. He behaved aggressively and tried to get away. The police officers handcuffed him and took him to the police station (testimony of W.K., p. 14, 182-183, 321; M. C., p.13, 184; J.S., p. 45, 157; A.M., pp. 44, 156).
The accused denied that he had committed the offence [...] He explained that [on the material date] after selling spare parts, he had been drinking alcohol at the market place with other traders (p. 19, 27-28 153-154, 374). He had met L.S. there and had had a quarrel with him; however, he had stated that they had not been involved in a scuffle and denied that he had threatened him at knifepoint; he had only insulted him (pp. 27-28, 153-154, 185). He also stated that he had proposed that they had a drink to smooth things over (...) L.S. had not wanted to go for a drink but had given him money of his own free will for the purchase of alcohol. Some time later, at the train station, L.S. along with another man had demanded his money back, saying that if he refused things would turn bad for the accused (pp. 154, 541). This demand had so annoyed the accused that he had caught L.S.'s shirt and shaken him violently, but, as he stated, he had had no intention of getting into a fight. (p. 154). ...
The court refused to consider the explanations given by the accused as credible as they were incompatible with L.S.'s deposition made during the investigation. ... After the accused had been apprehended, L.S. had recognised him as the person who had attacked him and had identified some of the banknotes which he had had with him.
It is true that on 10 June 1993 L.S. made a written statement that all charges against the accused were erroneous and were caused by a succession of misunderstandings and that the accused had neither threatened the victim nor his wife, nor used a knife against L.S. (pp. 230). However, when questioned before the Łuck Court, that witness had convincingly explained the motives which had prompted him to make this declaration, saying that he had made it at the request of the accused's wife and his colleagues as he had not wanted to jeopardise his relationship with the couple (p. 486). On the same occasion he made a deposition which had fully confirmed his deposition made on 30 August 1992 (pp. 484-485, 540-541). [L.S.] admitted that the accused had threatened him and his wife and that he had been using some sort of instrument at that time, but did not remember whether it had indeed been a knife. He emphasised that he had given money to the applicant under threat.
The court considers that L.S.'s statements were credible and is of the view that his declaration of 10 June 1993 had been made as a result of pressure exerted on him by the family and friends of the accused. The testimony of that witness is clear, consistent and coherent. (...) It should be emphasised that before the incident L.S. had never met the accused. He did not therefore have any grounds on which to make a false accusation against the accused because he had held a grudge against him. L.S. recognised the accused immediately after his apprehension by the police; he also identified some banknotes which the accused had on him as the same which the accused had previously taken from him. He tried to describe the material events in an objective manner, without over-dramatising or distorting them. It is also of relevance for the assessment of his credibility that the police were informed of the incident by objective by-standers.
The defence, in its final oral submissions to the court, disregarded these factors relating to L.S.'s credibility. The defence lawyer focused on the fact that L.S. had not been questioned by the trial court and on the procedural shortcoming committed by the Łuck Court in that it had failed to summon the applicant and his lawyer to the questioning before that court. Defence counsel stressed the level of education and post held by the accused which, in his view, indicated that he could not have committed the offence at issue.
The court went on to explain the grounds why it did not consider that the applicant's denial of having committed the offence was credible. It went on to say:
The court considers that it is of paramount importance that testimony given by the victim has been confirmed by depositions made by the eyewitnesses to the incident, M.C. and W.K. W.K. was standing at the market place just 1 – 1.5 metres away from the victim (p. 183) and he saw the incident clearly. He confirmed the fact that the accused had put a knife to the victim's throat and demanded money from him, threatening him with murder and that he would rape his wife. W.K. saw the victim give PLZ 140,000 to the accused (p. 14).
When W.K. was questioned at the hearing held at the previous trial (p. 182), he had stated categorically and unequivocally: “I did not have the slightest doubt as to who the perpetrator was and now, looking at the accused, I don't have any doubt that it was him who had committed the offence in the circumstances which I have described” (p. 182).
When that witness [W.K.] was heard again, at the hearing of 9 May 2000, he did not, due to the lapse of time, remember the exact details of the incident; however, he confirmed his earlier deposition.
Witness M.C. also confirmed the version of events given by the victim. Questioned immediately after the incident, he had stated that the accused had threatened the victim at knifepoint and with murdering him and raping his wife, and had demanded PLZ 500,000 from him. L.S. had given him PLZ 140,000 and |
Shamkhan Tumayev's | 7. The first applicant is the mother of Mr Shamkhan Tumayev, born in 1982. The second applicant is Shamkhan Tumayev's common-law wife; they are the parents of two minor children. The third and fourth applicants are |
Mehmet Salim | 56. On 25 November 1996 Meliha Dal requested the Diyarbakır Governor to open an investigation into Mehmet Salim's disappearance. On 10 December 1996 the applicant wrote a letter to the President of Turkey and filed a further petition with the Diyarbakır Provincial Administrative Council. On 11 December 1996 Hüsna Acar wrote a letter to the President of Turkey and to the Minister of the Interior, asking them to investigate the disappearance of her son |
Hacı Mehrap Er | 22. On 25 October 1995 Hacı Mehrap Er told the public prosecutor that on the day of the incident the villagers had been preparing to leave their village as ordered by the military. However, some PKK members had heard about the evacuation and the presence of the soldiers in the village and had attacked the soldiers. During the armed clash that had ensued, Ahmet Er had attempted to leave the village in order to find his son, who was out in the fields. However, the soldiers had misinterpreted Ahmet Er’s intentions and had taken him to Işıklı gendarmerie station. Subsequently, |
Bettencourt | 24. In the middle of the article, under the heading “Exclusive: the women who accuse”, there were long extracts (over three pages) from statements of employees who worked at Mrs Bettencourt’s house (accountant, secretary, chambermaid, nurse) that had been given during the preliminary investigation. The following statements were highlighted in particular:
“It was as if [B.] had woven his web around Mrs |
Shamani Inderbiyeva | 30. On 11 June 2003 the Chechnya Prosecutor’s Office forwarded part of criminal case file no. 12038 to the district prosecutor’s office to be severed into a separate criminal case. The relevant part of the file concerned the discovery by the applicant on 12 February 2000 of the burnt bodies of her sisters Shema and |
Isa Aytamirov | 23. On 12 May 2004 the criminal search division of the Chechnya Ministry of the Interior informed the second applicant that on 20 February 2003 the Grozny district prosecutor's office (“the district prosecutor's office”) had instituted an investigation into the abduction of |
the Minister for the Family | 39. On appeal by the Minister for the Family, Social Solidarity and Youth, the higher administrative court (Cour administrative) on 1 July 2004 varied the judgment of the administrative court of first instance and declared the action for annulment unfounded, for the following reasons:
“Upon reading the Hague Convention, it must be found that there is no clause as to the possible application of the provisions of that Convention in a case where, at the time of the facts, that is during the implementation of the adoption procedure, it was ratified by only one of the States involved in an intercountry adoption and entered into force only in that State. On the contrary, Article 41 of the Hague Convention expressly states that '[t]he Convention shall apply in every case where an application pursuant to Article 14 [of the Convention] has been received after the Convention has entered into force in the receiving State and the State of origin'. Furthermore, it should be observed that Article 14 of the Convention obliges persons wishing to adopt a child in another State to apply first of all to the Central Authority in the State of their habitual residence, and thereby to take the first step in an intercountry adoption procedure.
In the light of those clear and precise provisions, it is impossible to grant the application as submitted to |
Sergey Lykov | 10. On 9 September 2009 police officers found P. in a street in Voronezh, in the company of Sergey Lykov. They asked the two friends to accompany them to the police station. Mr Lykov was invited for the purpose, in particular, of “provid[ing] useful information”, in line with section 11 § 4 of the Police Act of 18 April 1991, then in force. |
Shchiborshch | 47. On 14 November 2006 a forensic psychological-psychiatric report, ordered on 5 October 2006, was completed. It was based on Mr Shchiborshch’s medical file and the materials of the criminal case. The experts stated that at the time of the events of 7 July 2006 Mr |
Isa Aytamirov | 29. On 20 September 2004 the military prosecutor's office of military unit no. 20102 informed the second applicant that the examination of her complaint had not established any implication of Russian servicemen in the abduction of |
Adlan Moltayev | 175. The next day the Achkhoy-Martan prosecutor opened criminal case no. 63027 under Article 127 of the CC (unlawful deprivation of liberty). Several requests were sent to law-enforcement authorities in order to establish whether Mr |