target
stringlengths 11
70
| prompt
stringlengths 200
10k
|
|---|---|
31 August 1995 | 17. The applicant lodged an amparo appeal with the Constitutional Court under Article 24 of the Constitution (right to a fair hearing) against the Higher Court of Justice’s judgment of 31 March 1995 and the Department’s order of |
1 July 1964 | 8. On 19 January 2009 Charleroi Criminal Court, sitting in private session, once again ordered the detention of the applicants’ son under the 9 April 1930 Social Protection in respect of Mental Defectives, Habitual Offenders and Specific Sexual Offenders Act as amended by act of |
Between 17 July 1998 and 17 October 2002 | 7. On 7 July 1998 the applicants instituted civil proceedings against ZT in the Celje District Court (Okrožno sodišče v Celju) seeking damages in the amount of 13,093,982 tolars (approximately 54,550 euros).
|
December 2010 | 20. In November 2010 the applicant’s request for the prolongation of the daily one hour outdoor stay by an additional hour was dismissed on the ground that his health condition had improved. However, in |
three working days | 12. He was then presented with two documents in English, one containing a Return Decision and the other a Removal Order. The Return Decision stated that he was a prohibited immigrant by virtue of Article 5 of the Immigration Act (Chapter 217 of the Laws of Malta) because he was in Malta “without means of subsistence and liable to become a charge on public funds” and “without leave granted by the principal Immigration Officer”. The Return Decision also informed the second applicant that his stay was being terminated and of the possibility to apply for a period of voluntary departure. The Removal Order was based on the consideration that the applicant’s request for a period of voluntary departure had been rejected. It informed him that he would remain in custody until removal was affected and that an entry ban would be issued against him. The two documents further informed him of the right to appeal against the Decision and Order before the Immigration Appeals Board (“the IAB”) within |
the period from 2006 until 9 September 2009 | 15. By a judgment of 10 June 2010 the City Court in Odense (retten i Odense) found him guilty, in part jointly with others, of 18 counts of offences including drug trafficking and drug dealing contrary to Article 191 of the Criminal Code with regard to a significant amount of hashish (more than 100 kg in total, in addition to an attempt to import a large supply from Holland) and an attempt to buy 200 g of cocaine, all committed in |
the period between 10 August 2005 and 13 December 2005 | 5. On 29 August 2006 the Osijek Municipal State Attorney’s Office (Općinsko državno odvjetništvo u Osijeku) indicted the applicant in the Osijek Municipal Court (Općinski sud u Osijeku) on charges of fraud and business fraud, claiming that, acting as a director of companies D.L.L. and M.C., he had defrauded companies A. and R. by using fraudulent payment instruments in exchange for goods which his companies received from A. and R. in |
9 December 2004 | 31. On 17 December 2004 V. was denied a meeting with the applicant as he had not received any authorisation to do so from the newly appointed investigator to the case. On the same day V. complained about this fact to the prosecutor, referring to the police’s failure to comply with the prosecutor’s order of |
no more than six days | 29. At the investigator’s request, on 9 February 1999 the same forensic expert examined the applicant’s medical records of 27 and 29 April 1998 and concluded that, at the time of being admitted to the Central Prison, the applicant had a bruise on his back and a haematoma on his left thigh which were considered to be light bodily injuries causing only short-term health problems of |
18 February 2002 | 22. On 25 February 2003 the district prosecutor's office issued a report on the investigation, stating the following:
“At about 1 p.m. on 18 February 2002 the Shali district department of the interior received a report that four charred male corpses had been found in the basement of a residential house on the outskirts of the village of Mesker-Yurt.
Later the three bodies were identified as villagers of Starye Atagi, namely, Movsar Nasukhanov, born in 1980, Movladi Nasukhanov, born in 1981, and Ruslan Nasukhanov, born in 1963.
An investigation into this matter was opened by the Shali district prosecutor's office in criminal case no. 59054 under Article 105 § 2 of the Russian Criminal Code on |
8 October 1999 | 19. On 12 October 2000 the Naurskiy VOVD opened criminal case no. 30471 on account of the infliction of minor bodily injuries on the applicants (Article 112 § 2 of the Criminal Code). The decision stated:
“... on |
November 2006 | 43. In January 2006 the applicant was assigned to the SME for examination. The applicant was examined on 11, 12 and 13 January 2006 and all the results were negative. He had clinical, laboratory and X-ray examinations in the presence of an ICRC representative. In |
19 April 1999 | 26. The Court of Appeal dismissed the plaintiffs’ appeal on 13 January 1999, noting in doing so that even if the applicant had won he would not have benefited financially given the financial state of the one remaining defendant (Ferranti plc). On |
24 April 2010 | 8. In 2009, Mr Novruk met Ms S., a Russian national. In March 2010, he travelled to Moldova to renew his passport, where he discovered that he was HIV-positive. Three weeks later Mr Novruk returned to Vladivostok and on |
more than two years | 13. The following circumstances were taken into account in sentencing the police officers. The fact that officer K. had a child under 14 years old was considered a mitigating circumstance, while the fact that he and M. had committed the crime with a group of other officers was considered an aggravating circumstance. It was further taken into account that K. and M. had positive references from their places of work and residence, had no previous convictions, and had led a law-abiding way of life without committing any administrative offences for |
14 December 1998 to 31 March 1999 | 27. In a decision of 21 February 2000 the district prosecutor’s office refused to release the applicant. It found that the statutory maximum period of pre-trial detention, which in the applicant’s case was one year, had not expired and considered that only the period from |
11 December 1997 | 10. Following the signature of an authorisation form by the applicant’s father on 10 December 1997, under Article 450 of the Code of Criminal Procedure (“the CCP”), the applicant’s counsel sought judicial review of the Court of Appeal’s judgment by a request bearing the same date. The application for judicial review reached the District Court on |
5 December 2000 | 5. On an unspecified date the applicant instituted civil proceedings before the Sveti Ivan Zelina Municipal Court (Općinski sud u Svetom Ivanu Zelini) against her former employer, Zelina Agricultural Enterprise (Poljoprivredni kombinat Zelina), challenging her dismissal from work and seeking payment of her salary for the period of her unemployment. The first-instance judgment of |
August 2009 | 16. In August 2009 the applicant wrote a letter to the authorities and stated that, in accordance with the Constitution, not only did she have a right to receive fair compensation for the land, but a vacant plot of land situated in the same area where her father’s land had been had to be returned to her. She stated that she had to be paid compensation at market prices and in accordance with the land value map for 2009. She also wrote that if the land returned to her was burdened by any kind of easement, the authorities would have to pay her compensation at full market value for her inability to use it. It appears from the Kaunas Regional Administrative Court’s decision that the authorities indicated in |
26 June 2013 | 45. Mr Garkusha challenged the refusal in court. His complaint was rejected at two levels of jurisdiction, by the Military Court of the Sochi Garrison on 14 March 2013 and the Military Court of the North-Caucasus Circuit on |
27 July 2010 | 40. Between 23 September 2009 and 15 November 2010 the applicant was examined forty-four times by the doctors of the prison facilities in which he was detained. He was provided with the recommended medication for his stomach and heart problems, except on the occasions when he refused to accept it or stated that he had already received some from his relatives. He also received medication for other ailments such as headaches, toothaches, diarrhoea and a skin infection. In addition, on |
21 January 1999 | 64. The witness confirmed that the applicant had received nine disciplinary punishments during his time at the prison, namely on 24 August, 10, 13, 15, 23 and 28 October, 29 December 1998, and 5 and |
15 March 2007 | 17. The relevant background facts and domestic law and practice have been summarised in the Court’s judgment in the case of Velikovi and Others v. Bulgaria, nos. 43278/98, 45437/99, 48014/99, 48380/99, 51362/99, 53367/99, 60036/00, 73465/01, and 194/02, |
A fortnight later | 51. However, less than a year later, in an order of 10 April 1996 on an ex parte application, the President of the Brussels Court of First Instance held, on the basis of Articles 19 and 25 of the Constitution, that the courts were precluded from taking any preventive measures in matters concerning freedom of expression[19]. |
21 November 2004 | 40. On 2 February 2006 the Supreme Court held a hearing on the applicant’s case. After it had heard the parties to the proceedings, including the applicant and his lawyer, and examined the evidence in the case, the Supreme Court dismissed the cassation appeal as groundless. It referred to the available evidence, including the applicant’s confession of |
15 January 2001 | 11. The Ministry of Finance wrote on 5 June 2006 to the applicants informing them that the judgment of 15 January 2001 would be enforced only after presentation of the original promissory notes, as required by Articles 816-817 of the Russian Civil Code. It appears that these promissory notes remain in the case file kept by the registry of the Gagarinskiy District Court of Moscow. The judgment of |
10 August 1996 | 48. During the preliminary investigation, expert examinations had been conducted into the secrecy of the information allegedly gathered, stored and transmitted by the applicant. Four expert commissions had concluded that part of the information contained State secrets of different levels. The experts’ conclusions had been included in the formulation of charges. In their examination the experts had been governed by order no. 055 of the Ministry of Defence of |
21 January 2005 | 14. On 27 February 2005 the applicant’s solicitors wrote to the PCT alleging that its actions were unlawful. On 2 March 2005 the PCT’s solicitors responded stating:
“The PCT considers that there were procedural irregularities surrounding decisions taken on the |
between 16 November 2006 and 25 October 2007 | 5. At the material time the applicants were the owners, executive directors, editors-in-chief, news directors and journalists of four daily newspapers published in Turkey: Ülkede Özgür Gündem, Gündem, Güncel and Gerçek Demokrasi. The publication of all four newspapers was regularly suspended, pursuant to section 6(5) of Law no. 3713 (the Prevention of Terrorism Act), by various Chambers of the Istanbul Assize Court, |
the period from December 2011 to September 2012 | 9. On 22 October 2013 the Russian Prosecutor General granted the request of his Uzbekistani counterpart for the applicant’s extradition. The extradition decision read in particular as follows:
“Mr Eshonkulov is accused of ... having committed the following crimes in |
18 July 2006 | 10. The first applicant was served with the order on 21 February 2006. On the same day the head of another government agency, the Migration Directorate of the national police, made another order for the first applicant’s detention pending expulsion. The applicant was arrested and placed in a detention facility in Sofia. Pursuant to an order of |
15 December 2000 | 22. On 4 and 14 November 2000 the applicant filed new complaints with the Specialised Public Prosecutor's Office, the content of which has not been disclosed to the Court. The Government inferred that the applicant had been complaining about management problems in Jelgava prison. By a letter of |
six or seven years | 49. The statement by Captain D.Y., commander of the CGP, on that matter can be summarised as follows:
“This affair did not begin on 2 September [1999]; its origins go back into the distant past. In Ulucanlar, but also in all the other prisons housing ‘terrorists’, the prison authorities had no control over the sections reserved for such prisoners; this is a well-known fact. In those sections ... the ‘terrorists’ ruled the roost ...; TV and the other media covered this: the State Prosecutor sitting down with the prisoners and negotiating with them, and the latter then taking hostages and obtaining everything they had been demanding. Despite all the denials, whole pages of such agreements have been published in the newspapers ...; it was obvious that a lot of weapons and mobile phones were circulating in the prison; during ordinary body searches, even where prison guards felt a weapon, they were all too scared to confiscate it ... An incident was sure to occur if gendarmes raided the ‘terrorists’’ dormitories ... because no gendarme had ever entered those premises to conduct a search for |
September 2008 | 68. On 9 December 2002 the criminal case with a new number, 10/01/0412‑02, was assigned to the military prosecutor’s office of the Yekaterinburg Garrison, who suspended and then, upon the applicants’ complaints, resumed the investigation. It transpires from the case file that throughout the investigation, and up until |
25 April 2002 | 7. His pre-trial detention was extended by decisions of 15 July 1999, 20 October 1999, 24 January 2000, 27 June 2000, 10 November 2000, 3 January 2001, 26 March 2001, 30 April 2001, 21 November 2001, |
10 September 2001 | 37. On 27 June 2003 the Kyiv City Commercial Court rejected the claim of the tax administration as unsubstantiated. It noted that it had been common ground that ATI had not complied with the lease contracts and therefore the applicant company remained the owner of the aircraft. The court also quashed the impoundment order of |
October 2005 | 23. On the same date, the first applicant was questioned. He stated that his son, Mr Shchiborshch, had been suffering from a psychiatric disorder. He did not know precisely what his son’s condition was because the doctors had never told the parents the exact diagnosis. Mr Shchiborshch had been undergoing treatment since 2001. His condition always worsened in the spring: recently he had been in a state of delirium. He thought that his parents were not his real parents and that they were trying to kill him. When they visited him, he would swear at them, threaten to kill them, lock himself in his flat and not let them in. On a number of occasions he had been forcibly placed in hospital. He had never agreed to be placed in the hospital voluntarily, and during the forced placement had always resisted the police officers who had apprehended him, so they had sometimes had to use rubber truncheons or tear gas. Since |
the same day | 40. On 7 December 2011 the Tverskoy District Court of Moscow examined the applicants’ appeals in separate proceedings. In both cases the court dismissed the complaints about the refusals to hear witnesses and to admit the evidence requested by the applicants. It also rejected the applicants’ requests to have those witnesses called. It rejected the request to admit the video recordings in evidence because of their “unknown provenance”, and it refused to keep a verbatim record of the hearing because it considered it unnecessary. It granted the request to join a photograph of the first applicant’s arrest to the case file. On |
24 September 2003 | 31. On 21 April 2010 the applicant passed away. On 21 October 2010 the Court of First Instance declared Mrs Marina Mijanović Markuš, one of the applicant’s daughters, his sole heir in respect of the amount owed by the debtor as established by the final judgment issued on |
18 August 2003 | 20. On 17 December 2003 the Sălaj County Court found the applicant guilty as charged and sentenced him to nine years’ imprisonment, taking into account the previous non-executed sentence. The judgment was based on extensive evidence: a report drafted on |
1 July 2003 | 29. The applicant appealed. She did not seek leave to appear. In the meantime, on 31 March 2003 the Omsk Regional Court authorised a further extension of the detention for an additional three months, until |
2 April 1990 | 23. On 21 September 1990 the District Court dismissed one of the applicant’s motions to order G.S. to pay a coercive penalty, as G.S. had not deliberately failed to comply with the terms of the settlement dated |
4 June 2003 | 23. On 29 December 2004 the District Court found the applicant’s in-laws guilty as charged and sentenced them, including Z., to a fine. This decision was upheld by the Court of Appeal and the Supreme Court in 2005 and 2007 only in respect of Z. The proceedings took place in the absence of Z., who apparently was represented by a lawyer. No reference was made to the Italian court’s decision of |
16 April 1998 | 26. At a public hearing held on 18 April 2006, the Skopje Court of Appeal dismissed the applicant's appeal. It rejected his arguments concerning the use of Hebrew, relying on his initial statement of |
12 and 15 January 2004 | 23. On 23 December 2003 and 6 January 2004 the applicant's original and supplementary grounds of appeal were received by the Military Court of the Moscow Circuit. The Military Court sent them to the prosecutor's office for comments. On |
29 April 1982 | 52. In 1996 the Committee of Ministers adopted Recommendation no. R(96)10, on “The Guarantee of the Independence of Public Service Broadcasting”, which stated as follows:
“The Committee of Ministers, under the terms of Article 15.b of the Statute of the Council of Europe,
Considering that the aim of the Council of Europe is to achieve a greater unity between its members for the purpose of safeguarding and realising the ideals and principles which are their common heritage;
Recalling that the independence of the media, including broadcasting, is essential for the functioning of a democratic society;
Stressing the importance which it attaches to respect for media independence, especially by governments;
Recalling in this respect the principles endorsed by the governments of the member states of the Council of Europe set out in the declaration on freedom of expression and information of |
26 September 2001 | 50. On 14 February 2001 the Fourth Division of the İzmir Administrative Court, on an application for judicial review brought by fourteen residents of Bergama, found that no environmental impact report had been drawn up by the Ministry of the Environment in connection with the operation of the gold mine. Consequently, it dismissed the application without examining the merits on the ground that no enforceable administrative decision had been taken. The Supreme Administrative Court upheld this judgment on |
four months’ | 38. On 17 November 2014 the Tauragė District Court found E. (see paragraph 8 above) guilty of hitting the applicant in the face and causing her minor bodily harm. The court found that on 3 April 2014 the applicant had tried to take E.’s mobile phone from her and had scratched her face, and E. had then hit her. The court considered that E.’s actions could not be characterised as self-defence but as a deliberate attempt to injure the applicant. E. was sentenced to |
13 May 1998 | 10. On 7 March 2001 the Bailiffs informed the applicants that the Beryslav Court had suspended the execution of the judgment of 13 May 1998. On 13 August 2002 the Bailiffs informed the applicants that the judgment of |
between 17 March 2015 and 6 July 2018 | 12. The first applicant stated that he and his family had wished to maintain their relationships, but as the result of the absence of the right to long visits until 2014 he had had to divorce his wife. His father, grandfather and grandmother had died in 2008, 2009 and 2014 respectively and he had not been able to see them while serving his sentence. The Government submitted that while serving his sentence the first applicant had received twenty-eight short visits on unspecified dates and fifteen long visits ( |
27 September 1995 | 11. In a judgment of 28 February 1998 the Sofia District Court partially allowed the action, finding that the applicant’s questioning by the police and the warning order had been lawful, but that the search and the seizure had been unlawful as they had not been undertaken in the framework of any criminal investigation and as the items seized had not been intended to be used in criminal proceedings. Making an assessment under the general law of tort rather than the 1988 Act, the court awarded the applicant 25,000 Bulgarian levs (the equivalent of about 13 euros (EUR) at current rates of exchange) for damages and ordered that the items seized on |
between 8 January and 28 January 2003 | 8. On 4 June 2003 the applicant appealed to the Appellate Board for Social Insurance (tarkastuslautakunta, prövningsnämnden, later the “Appellate Board”). His appeal was rejected on 15 January 2004. In the decision no reference was made to the statements by the applicant’s doctors or the report from the time he spent in rehabilitation |
between 2005 and 2008 | 16. On 6 March 2009 the Kazakhstan GPO charged the applicant with large-scale misappropriation of BTA Bank financial assets, committed in an organised group under the direction of Mr Ablyazov and with the use of her position (Article 176 § 3 (a) and (b) of the Kazakhstani Criminal Code (“KCC”). The decision stated that |
8 August 2002 | 9. The first applicant’s intention was to separate the television activities from those of radio broadcasting, with Radio M Plus dealing solely with the latter. Pending the change in audiovisual legislation which would enable the assignment of the radio-broadcasting licence (amendment finally adopted on |
14 April 2004 | 64. On 24 November 2003 the applicant bank also lodged, and on 2 and 18 December 2003 supplemented, a constitutional complaint against the instruction, asking at the same time for its enforcement to be postponed. On |
24 August 2012 | 6. On 6 July 2012 the applicant left his home in Salouin[1] (Morocco), where he had been living with his parents, for the Netherlands. He went to the Netherlands to visit family but overstayed his tourist visa, which was valid until |
28 May 2001 | 14. On 28 May and 7 August 2001 the Prague Municipal Prosecutor (městská státní zastupkyně) informed the applicant that submissions which he had earlier addressed to the Municipal Prosecutor and the Prague High Prosecutor's Office (vrchní státní zastupitelství) respectively had been included in his case file as part of his defence, and dismissed his complaints about the course of the investigation. In respect of the applicant's complaint that he had been refused access to the case file by the investigator, the prosecutor stated on |
3 April 2010 | 13. A psychiatric report commissioned for the purposes of the proceedings, drawn up on 12 April 2010 by D.P. and G.M., in so far as relevant reads as follows:
“A psychiatric examination of the respondent was carried out on |
27 September 2010 | 139. During the proceedings before the Court the parties submitted a large volume of audiovisual material. The CD-ROMs produced by the Government and the applicants on 28 June and 9 July 2010 respectively were viewed by the judges of the Grand Chamber on |
31 December 2007 | 6. The applicant made himself available for service in the Croatian army. He was unemployed until December 1991, when he found civilian employment. He then served in the Croatian army between October 1993 and October 1994 and eventually retired on |
26 March 2005 | 15. In a final judgment of 24 November 2008 the Supreme Court of Cassation upheld the Court of Appeal’s judgment, failing to comment on the applicant’s argument that it had not been shown that he had acquired the counterfeit bank notes after |
7 April 2005 | 91. The Government further submitted that on 2 April 2001 the town prosecutor's office had opened criminal investigation no. 11107 into the kidnapping of Sayd-Ali Musayev and Kharon Musayev. On 26 April 2001 cases no. 11012, 12256 and 12263 had been joined to case no. 12199. On |
fifteen-day | 18. On 17 September 2003 the applicant lodged claims for damages in the amount of 100,000 Bulgarian levs (BGN), (the equivalent of approximately 51,000 euros (EUR)), under the 1988 Act with the Varna Regional Court against the police and the Chief Prosecutor’s Office. The applicant stated that as a result of the actions of the police and the prosecuting authorities, more specifically, the |
25 March 2009 | 24. On 20 March 2009 the investigation resumed with the questioning of Dr P.P.J., a gastroenterologist employed at the Sibiu County Hospital, and on 23 March 2009 of Dr F.A., who had performed the endoscopy on L.M. On |
31 March 2006 | 57. According to the medical records submitted by the Government, during the period from 23 December 2005 to 11 April 2006 the applicant was seen several times by the MNS doctors. On each occasion, his health‑related complaints (or lack of them) were recorded and he was prescribed and administered a number of medications to alleviate his condition (Diroton, Dibazol, Papaverine, Dimedrol). While the above-mentioned records are too voluminous and repetitive to be fully summarised, it should be noted that during this period the applicant usually complained of chest pains, dizziness, headaches and weakness, and was repeatedly diagnosed with “neurocirculatory dystonia of hypertonic type” and “neurotic reactions”. However, on |
17 December 2012 | 26. On 13 December 2012 the Constitutional Court dismissed the applicant’s constitutional complaint as ill-founded, endorsing the reasoning of the lower courts. That decision was served on the applicant’s representative on |
13 May 1994 | 7. On an unknown date in 1994 a complaint was submitted to the office of the Sofia City Public Prosecutor by the Directorate of Religious Denominations with the Council of Ministers, raising concerns about the activities of Word of Life in Bulgaria. On |
13 March 2001 | 12. On 6 April 2000 the applicant lodged an appeal with the Celje Higher Court. ZT cross-appealed.
On 7 February 2001 the Celje Higher Court rejected the applicant’s appeal, upheld ZT’s appeal in part, and lowered the damages awarded.
The judgment was served on the applicant on |
3 December 2003 | 32. The applicant appealed, complaining in particular that the first-instance judgment had been given in her absence. On 2 February 2004 the Moscow City Court delivered its decision. The court reviewed the applicant's case on points of facts and law and upheld the judgment of |
9 September 2003 | 37. On 9 September 2003 the hearing continued. The record of the hearing did not contain information as to whether particular witnesses had attended. It appears that Mrs R. was present at the hearing because she placed her signature on a document dated |
15 September 2012 | 16. The trial court summoned police officer A., who had arrested the first applicant, for questioning. At a hearing on 7 November 2012 A. stated that after receiving information from Sh., the chief of police station no. 4 (see paragraph 28 below), he had arrived at Gorkiy Park where he had seen a group of people, including Z., in possession of banners, without having given any prior notification of their public event, and that he also remembered arresting Ms Belan, though he could not remember her face. A. also stated that on |
September 2005 | 33. During the applicant’s detention from 3 September 2003 to 13 April 2007, reviews were carried out in November 2003, March 2004, June 2004, September 2004, October 2004, November 2004, January 2005, March 2005, May 2005, July 2005, |
from 19 July 1994 to 23 January 2005 | 7. The applicant company was founded in April 2004 by nine private companies, five of which were owned or controlled by A., one of the leaders of the Party of Regions. Members of that party held the majority of posts in the Cabinet of Ministers in the period 2003-2004, including the post of Prime Minister. The remaining four companies were owned or controlled by P., the son-in-law of Mr L. Kuchma, the second President of Ukraine who held the post |
22 January 2008 | 91. On 14 March 2008 Major D. again questioned the first applicant, who was assisted by his counsel, Mr A. The first applicant stated that he largely confirmed his submissions set out in the record of his questioning on |
22 June 2009 | 13. It appears that the applicant was held in the police station overnight (see, in particular, paragraph 27 below). The case file contains his written explanations to the police dated 3 July 2009 regarding the events of |
three years’ | 12. On 7 October 1997, following adversarial proceedings during which the applicant was represented by Mr J. – a local lawyer –, the Joint Court of Justice quashed the judgment of 11 December 1996, convicted the applicant of embezzlement and forgery and sentenced him to |
14 May 2003 | 27. On 30 April 2003 the Krasnoarmeyskiy District Court decided to join the first applicant's case and the cases of his four accomplices, found that the case should be examined by a single judge and fixed the first trial hearing for |
15 July 2013 | 26. On 8 July 2013, following a hearing in the applicant’s presence, the judge of the Daugavpils (City) Court authorised the extension of his detention for a further two months; the applicant was assisted by an interpreter. The applicant’s lawyer was not present, but the judge examined her written request to release the applicant on account of the fact that he had provided his identity documents and had not misused the asylum procedure. She argued that the applicant could be placed in an open and specialised institution – an accommodation centre for asylum seekers in Mucenieki. The judge disagreed and concluded that there were grounds to detain the applicant under section 9(1)(2) of the Asylum Law. The fact that his application for asylum was accepted for examination did not indicate that he would comply with the requirements arising from the asylum procedure as he testified that he would again apply for an asylum in another European country in case he received a negative decision in Latvia, which was contrary to the applicable procedure. In such circumstances, it was impossible to predict his further actions if placed in an open accommodation centre; there was a possibility that he might leave Latvia and thereby obstruct the asylum procedure as he had already done in a safe third country (see paragraph 6 above). On the same date, the applicant lodged an appeal (one page) against that decision in Latvian, stating that there was no evidence that he had misused the asylum procedure, might leave the country or obstruct the asylum procedure. He disputed the relevance of the fact that he had applied for asylum in Russia as it was not a safe third country. His appeal was forwarded to the Latgale Regional Court together with the case file. On |
23 September 2002 | 20. On 13 August 2002 the court again held a preliminary hearing. There appeared the plaintiff's lawyer; the applicant company's representatives lacked due authorisation to act on its behalf. The court concluded the preliminary hearing and scheduled the trial hearing for |
6 August 1991 | 5. On 27 September 1991 the Croatian Pension Fund, Sisak Office (Republički fond mirovinskog i invalidskog osiguranja, Područna služba u Sisku – the Sisak Office) issued a decision granting the applicant the right to a widow’s (family) pension as of |
24 November 2011 | 5. On 14 January 2010 the applicant lodged a request with the Ministry of Justice (“the Ministry”) in order to be recognised as having the same status as a person who had passed the BAR examination (изедначување со правата на лицата кои положиле правосуден испит). As she did not obtain a decision, she lodged two further requests, on |
6 June 1997 | 46. On 18 December 2002 the applicants complained to the Constitutional Court that their human rights had been violated by the Zvolen District Court and by the Zvolen District Office which had been appointed as guardian of the second applicant for the purpose of the custody proceedings. They invoked Articles 6 § 1, 8, 13, 14 and 17 of the Convention and also Article 5 of Protocol No. 7. They complained, inter alia, about the length of the proceedings brought on |
3 June 2005 | 21. On 10 December 2004 the Appeals Commission dismissed the applicant's claim. It was not persuaded that there had actually been a situation of emergency allowing the applicant not to obtain the necessary visa from a chief physician beforehand. It also held that the restriction excluding general practitioners from administering certain types of therapy was lawful. This decision was served on the applicant's lawyer on |
twelve years | 10. In support thereof, on 14 and 17 November 2005, the applicant wife stated that she and her parents had moved around a lot within Sri Lanka and had lived both in northern and central Sri Lanka and in Colombo. The applicant wife went to school for |
five months | 22. On 16 May 2006 the investigator in charge of the criminal case asked the Prosecutor General for an extension to the deadline for the pre-trial investigation, noting that the investigation had discovered new evidence concerning the applicant's possible involvement in other crimes, such as embezzlement of public funds and abuse of official power, and that more time was needed to complete the investigation. On the same day the Prosecutor General submitted a request asking the court to extend the applicant's detention by a period of |
28 October 2015 | 58. In a decision of 10 June 2016 the County Court found partly in favour of the applicants and ordered the local authorities to take several actions, in accordance with their remit:
(a) It ordered the CMBRAE to issue a new personalised intervention plan (plan de intervenţie personalizat); it also noted that the first applicant was already allowed extended work time during tests in class and had a specially adapted desk, but considered that those measures, while being necessary, were not sufficient.
(b) The court ordered the CMBRAE and the ISMB to adapt the school curriculum and the educational plans to the first applicant’s needs, finding as follows:
“While in the special education [curriculum] the educational plans and school curriculum are tailored to the type and degree of disability, thus allowing time for therapy ..., in mainstream schools this kind of adaptation does not exist.
However, in the present case the child, who was placed in a mainstream school, has a normally developed intellect but has a neuromotor disability which drastically limits his movement ... A daily school programme of 6-7 hours goes against the medical recommendations ... and limits his opportunities to undergo therapy.”
(c) It ordered the ISMB and the child protection authority to continue to provide the first applicant with psycho-educational assistance and a safe environment in school, in terms of the physical surroundings and specialist personnel. The court found as follows:
“The current legislation provides for measures capable of ensuring the integration of children with disabilities in school and in society, notably special educational services via the support teacher, speech therapy and psycho-educational counselling. ...
The personal rehabilitation plan drafted by the child protection authority [for the first applicant] provided for such services: physiotherapy, speech therapy and psychological counselling. ....
Based on the parties’ statements, the court finds that the authorities involved did not refuse to provide the child with the services that he was entitled to under the law and which were included in his personal rehabilitation plan; [what they refused were] merely the conditions imposed by the mother that [the services] should be provided on the school premises ...
However, in order to meet the child’s complex needs and ensure that he had access to all services, the authorities, in addition to the psycho-educational counselling offered by the school psychologist, organised speech therapy and physiotherapy in his school.
For these reasons, the [applicants’] action is allowed and the institutions involved are ordered to take measures to ensure the continuity of services in terms of personnel, but also in terms of the physical environment and the necessary equipment.”
(d) The court ordered the ISMB, the child protection authority, the Bucharest V local council and the Bucharest IV local council to take measures to ensure the child’s assistance and safety in school, via teachers, school auxiliary staff, a personal assistant or a qualified caregiver. The court found as follows:
“The services provided in school to assist [the first applicant], provided by psychologists, speech therapists, school counsellors, support teachers, physiotherapists, etc., are necessary in order to ensure the effectiveness of the child’s recuperation and therapy, but do not fully meet the child’s complex needs during school time.
... the child has severe neuromotor disabilities which make it impossible for him to move, to walk, to help himself, to take notes in class, etc., and which consequently make it necessary for him to be assisted by another person who can move him, as needed, from the wheelchair or assistive devices to his desk and back; help him move around the school (take charge of him at the school door, accompany him back to the door at the end of the school day, and take him to the toilet, the sports room, and the laboratories which are on the upper floor); help him with taking notes during lessons and writing down the homework; assist him with physical exercises; assist him in the event of an emergency evacuation, etc. ...
Concerning the presence of a nurse [infirmier] the court notes that, although the law requires that children with disabilities be integrated in mainstream schools, the schools’ structure does not include qualified staff who can meet the complex needs of a child with severe neuromotor disabilities that limit or exclude the child’s capacity to move or to help himself.
The absence of assistance ... makes it impossible for the child to attend school and affects ... his right to education ...
The personal assistant not only acts as an accompanying adult for a child with severe disabilities but must also provide basic care (personal hygiene, dressing and undressing, personal and intimate care, feeding, hydration, transport, mobility and movement, etc.), assist in the child’s family, community, and school activities, and assist in the child’s school and with his or her educational integration.
There is nothing to prevent the [child protection authority] and the Bucharest V local council from including these activities in the personal assistant’s contract ...
Therefore the court considers that, in principle, the assistance, supervision and safety of the child during school hours must be ensured by his personal assistant or in the latter’s absence ... by a person approved and nominated for the purpose by the parent ...
For the same reason, the ISMB and the Bucharest IV local council ... must take measures in order to ensure the child’s effective access to education and his supervision and safety. ...
As the court thus considers that the child’s action is well-founded on this count, it orders the ISMB, the child protection authority and the Bucharest IV and V local councils to take measures in order to ensure the child’s supervision and safety in school, via the teachers or auxiliary staff, his personal assistant or a qualified caregiver.”
(e) The court ordered the ISMB and the Bucharest IV local council to ensure the first applicant’s access to education by rendering the school building accessible by wheelchair, in particular by: providing specially adapted desks in the classroom and laboratories; ensuring access to the upper floors of the school building; removing the obstacles preventing the first applicant from moving around the school, such as thresholds and narrow doors; adapting the sports room to the child’s needs; and providing him with a computer and software adapted to his educational needs. The court noted that on |
14 June 1999 to 13 June 2000 | 12. On 15 February 2001 the Rzeszow Court of Appeal upheld the judgment insofar as it concerned one of the charges (handling stolen goods), sentencing the applicant to one year’s imprisonment and counting towards the sentence the period from |
17 April 2000 | 20. The applicants and other family members of the three detained persons met in front of the Oktyabrskiy VOVD on the days following the arrests of Luiza Dagayeva, Sharip Khaysumov and Ramzan Alaudinov. From the information that they collected from eyewitnesses, they concluded that the two men and the pregnant woman taken to the Oktyabrskiy VOVD on |
18 July 1988 | 12. On 16 February 2009 the applicants and Mr Kancho Kopankov made a request to the mayor under section 9(2) of the transitional provisions of the Territorial Planning Act of 2001 (hereinafter “section 9(2)”) for the revocation of the expropriation order of |
nine to ten years ago | 28. Before the Court, the applicant maintained that the physical conditions in the Kırklareli Centre were below the minimum standards set by the European Committee for the Prevention of Torture (the “CPT”). In support of her submissions the applicant provided a number of photographs containing images of several parts of the Centre. In one room there were two bunk beds on which there were pillows and blankets. There was no bed linen on the beds. In another room there were two beds with bed linen, pillows and blankets. The photographs of the kitchen sinks and stoves showed that the latter were unusable. Another photograph showed that there were four sinks in the bathroom. Inside, the toilets were partially covered with some kind of dark substance. Photographs of the cleaning products that had labels in the Cyrillic alphabet showed that their dates had expired |
4 April 2000 | 41. Counsel for the first applicant learned about the rejection of Mr Al‑Nashif's appeal on 26 July 1999. On 28 July 1999 she appealed to the Supreme Administrative Court. These proceedings ended by judgment of the Supreme Administrative Court of |
thirty years | 6. On 19 November 2002 the Investigation Division of the Chambéry Court of Appeal ordered that the sentences imposed by the two Assize Courts should run concurrently in part, with the overall sentence not to exceed the statutory maximum of |
10 September 2008 | 56. The applicant lodged an appeal against the above decision on 29 July 2008. He argued that the evidence from the case file showed that he had not been a member of the alleged criminal organisation. As to the risk of reoffending, he pointed out that his previous conviction had concerned small amounts of drugs, for his personal use only, and that he was not a drug addict. He also argued that he was employed and had a regular source of income. On |
7 March 2000 | 21. On 3 March 2000 the applicant went to the Staropromyslovskiy VOVD and talked to its head, Mr D. He called one of the officers, who confirmed that he had seen the man on the photograph – the applicant's husband - but said that he had never been brought to the VOVD. He told the applicant that her husband would be brought to the VOVD on 7 March at 11 a.m. and released. On |
1 November 2006 | 12. On 17 July 2008 the SNCF regional director decided to dismiss the applicant from the service. His decision was worded as follows:
“ ... the analysis of the files stored on the hard disk of [the applicant’s] work computer, used for his professional duties, contained the following:
i) change of address certificate, signed in his name, certifying the transfer on 01/11/2003 of Ms Catherine [T.] to the Lille General Security Service; the original certificate, sent to ICF North-East enabled the notice period for vacating her flat to be shortened;
ii) change of address certificate, bearing the Ministry of Justice logo, in the name of M. [S.-J.], governor of Fresnes Prison, certifying the transfer of M. [P.] Frédéric to Strasbourg Prison, from |
February 2002 | 18. The applicant appealed, appending his own writ of appeal to that of his counsel, P.V. In addition, he lodged numerous further submissions both within and outside the requisite time-limit, the last one in |
4 February 2000 | 63. On 7 February 2000 the applicant learnt that her husband, Khasmagomed Vakhayev (born in 1960), had died as result of the explosion at the Vakhayevs' house. On 18 February 2000 the district civil registration office certified the death of Khasmagomed Vakhayev in Katyr-Yurt on |
between 4 May 1999 and 19 February 2002 | 9. Between 23 July 1998 and 16 January 2002 the applicant filed seven preliminary written submissions and/or adduced evidence.
Between 23 July 1998 and 24 January 2002 he made six requests that a date be set for a hearing.
Of the nine hearings held |
31 October 2001 | 23. The report, which concluded that the house in Sofia was divisible but that the plot in Dolni Pasarel was indivisible, was ready on 23 October 2001. It was admitted in evidence at a hearing held on |
10 November 1992 | 8. The applicants, Mr Zülfi Akkum, Mr Hüseyin Akan and Mrs Rabia Karakoç, are Turkish citizens of Kurdish origin and were born in 1944, 1928 and 1930 respectively. They are the father, brother and mother of Mehmet Akkum, Mehmet Akan and Derviş Karakoç, who were killed, allegedly by members of the security forces, on |