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[ "The applicant was born in DATE . He is a practising lawyer and lives in GPE .", "On an unspecified date the applicant , on behalf of his client Mr ORG , filed an action with ORG seeking the annulment and suspension of execution of a competition to fill CARDINAL posts announced in the PERSON newspaper on DATE by the office of the mayor of the LOC district in GPE . In his petition , the applicant stated , inter alia , that CARDINAL out of CARDINAL workers who had been dismissed on CARDINAL DATE had won their cases before ORG but despite this fact they had not been reinstated . In this regard , the applicant submitted that the municipality had refused to reinstate CARDINAL of the workers on the ground that there were no available posts . As to the other CARDINAL , they had been reinstated for DATE before being dismissed again . The applicant complained that pending another set of administrative proceedings against the GPE regarding a competition announced in the same newspaper on DATE for CARDINAL posts , the Municipality had announced this new competition , through which it was aiming to fill the available posts , rendering impossible the enforcement of the court judgments in favour of the dismissed employees , including his client . He further claimed that the vacancy notice had been published only in the editions of PERSON which were distributed to various associations affiliated with ORG and not in the normal edition of PERSON as distributed in GPE that DATE .", "In CARDINAL paragraph of his petition , the applicant made the following remark :", "“ As stated by political historians , the most dangerous cruel [ person ] ( zalim ) in the world is the one who considers himself and his acts as fair or who presents himself as such . The elected head of the accused administration , who has placed my clients in their current situation , is such a cruel [ person](zalim ) and a bigot ( yobaz ) with no regard for the rule of law ( hukuk tanımaz ) . ”", "On DATE Mr Bingöl , mayor of PERSON and member of ORG , brought an action against the applicant claiming compensation for the damage he had incurred as a result of the applicant ’s serious attack on his honour and integrity .", "In the course of the proceedings before ORG ( hereafter the “ ORG ” ) , the applicant unsuccessfully asked the court to appoint expert witnesses to analyse the impugned words and to hear a number of witnesses . In his written observations , the applicant maintained , inter alia , that his statements had not been an attack against Mr ORG but mere observations , since there were documents proving to what degree the latter had acted in accordance with the laws , the LAW and ethics over DATE . He made a number of accusations regarding Mr PERSON ’s actions as mayor and referred to the fact that the latter and his administration had been the subject of media attention many times . The applicant stated that he had used the impugned words in the course of his defence duties ; it had not been his aim to insult PERSON . He had referred to the plaintiff as “ cruel ” because the dismissals had had serious adverse effects on the lives of his CARDINAL clients . He had used the word “ bigot ” as a reference to an intolerant person . In this connection , the applicant also referred to the reasons voiced by ORG when it decided to ban the Refah party . The applicant also accused the plaintiff of misleading and lying to the domestic courts .", "In his written observations PERSON claimed , inter alia , that the applicant ’s accusations were false and unfounded , that he had repeated his insulting remarks before ORG and that this attack on his personality had transgressed the standards and boundaries of objective debate .", "On DATE ORG ordered the applicant to pay compensation to Mr PERSON in the amount of MONEY ( TRL - approximately MONEY [ ORG ] ) plus interest at the statutory rate applicable at the date of the court ’s decision . ORG considered that the word yobaz used by the applicant meant a person “ whose religious beliefs were so extreme as to cause discomfort to other persons ” and a person who was “ provocative , vulgar and unsophisticated ” . The word was used in DATE life to describe an “ unlikeable , ignorant and vulgar ” person . In any event , the applicant ’s written submission , when read as a whole , had employed “ sharp and harsh ” language . According to ORG , whether or not the applicant had had the intention to insult the mayor was irrelevant ; what was important was how the public would interpret those words . After all , PERSON was the elected mayor of a district where CARDINAL people lived . The applicant appealed .", "On DATE the CARDINALth ORG held a hearing and , by a majority , quashed ORG decision of DATE on the ground , inter alia , that the applicant ’s witnesses had not been heard . The president of the ORG dissented .", "On DATE ORG , considering that hearing the applicant ’s witnesses and examining the administrative court ’s case file would not have changed the outcome , insisted on its decision of DATE . The applicant appealed again .", "On DATE the Grand Chamber of ORG rejected the appeal and upheld ORG decision of CARDINAL DATE . The court noted that there was no dispute that , inter alia , the municipality headed by PERSON had failed to execute certain court judgments . However , it remained to be determined whether the words used by the applicant in the course of the administrative proceedings had a valid basis and whether these words constituted an attack against Mr ORG ’s personal rights . In this connection , it considered that the applicant had overstepped the standards and boundaries of objective debate by using the terms “ bigot ” , “ cruel ” and “ no regard for the rule of law ” . The applicant had attacked Mr PERSON ’s personal rights . It also considered that the sanctions for the non - execution of a court decision – of which the mayor had been accused DATE were provided for by statute and that this could not be considered to be a valid reason for the applicant to cross the legally permissible boundaries and use the words he had . Finally , it held that listening to witnesses or examining the case file before the administrative courts would not have changed the outcome . ORG of ORG also decided to remit the case to ORG for an examination of the applicant ’s complaints concerning the excessive amount of compensation . A request by the applicant for the review of that decision was rejected on DATE .", "On DATE the CARDINALth Chamber of ORG rejected the applicant ’s appeal concerning the amount of compensation , which he considered excessive when account was taken of his resources , and upheld the decision of ORG . A request by the applicant for the review of that decision was rejected on CARDINAL DATE .", "The applicant paid the due amount of GPE CARDINAL ( approximately ORG CARDINAL,CARDINAL ) , in CARDINAL instalments , on DATE , DATE and CARDINAL DATE respectively .", "The relevant domestic law and practice in force at the material time are outlined in the following judgments : NORP and Others v. GPE ( no . CARDINAL/CARDINAL , § § DATE , DATE ) , and GPE v. GPE ( no . CARDINAL , § CARDINAL , CARDINAL DATE ) ." ]

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[ "The applicant is an NORP national , born in DATE and living in GPE , GPE .", "He is represented before the ORG by PERSON , a solicitor practising in GPE with the firm ORG .", "A.", "On DATE the applicant was convicted at ORG of CARDINAL murders and associated offences . The court sentenced him to CARDINAL life sentences in respect of the murders and to determinate prison terms of DATE for attempted murder and DATE for membership of a proscribed organisation .", "In DATE he escaped from prison . He was later recaptured and in DATE was convicted of DATE offences in connection with his escape . He received sentences ranging from DATE imprisonment , which the court ordered should run consecutively with the determinate sentences but concurrently with the life sentence .", "On DATE the applicant was released on licence pursuant to the powers granted to the Secretary of ORG under section PERSON ) of the Prison ( GPE ) Act DATE ( “ the DATE LAW ) . The applicant signed a document of release which contained the following note :", "“ A person serving a sentence of life imprisonment who is released on licence is liable under the provisions of LAW ( GPE ) Act DATE to be recalled to prison at any time by order of the Secretary of ORG . ”", "On DATE the applicant was arrested at his home . He was charged on DATE with conspiracy to collect and record information likely to be useful to terrorists and the possession of such information , contrary to section CARDINAL of GPE ( Emergency LAW Act DATE . He was remanded in custody .", "On DATE the Secretary of ORG made an order under section CARDINAL ) of the DATE Act revoking the applicant ’s licence and recalling him to prison . In a letter dated DATE ORG informed the applicant that his licence had been revoked by the Secretary of ORG :", "“ … following careful consideration of all available information about your case , including the original offence for which you received CARDINAL life sentences and information regarding the circumstances of your recent arrest and subsequent committal to prison on DATE charged with terrorist - related offences . [ The Secretary of ORG ] has decided on grounds of risk and public interest that it would be inappropriate for you to retain your status as a life licensee . ”", "The applicant was also informed that he could make representations to the Secretary of ORG by way of petition . As was regular practice at the time , the applicant was not afforded the opportunity to make such representations before the licence was revoked ; nor was he provided with any documents about the matters considered by the Secretary of ORG when deciding to make the order .", "By petition dated DATE addressed to the Secretary of ORG the applicant stated that he had not been found guilty of any offence and had not been given an opportunity to refute any allegation made against him . He requested an explanation for the revocation of his licence .", "On DATE the applicant ’s solicitors wrote to the Secretary of ORG requesting detailed reasons as to why the licence had been revoked and “ for further proposals now in place to review our client ’s life licence . ” In a further letter dated DATE the applicant ’s solicitors asked for particulars about the information on which the Secretary of ORG had acted and details of the “ public interest ” which formed a ground for his revocation . Although an acknowledgement was sent , it does not appear that a detailed reply was furnished before the applicant commenced judicial review proceedings on DATE .", "On DATE the prosecution dropped the charges against the applicant . The matter of the revocation of the applicant ’s licence was then referred back to the Secretary of ORG for reconsideration . In a letter dated DATE ORG informed the applicant that the charges against him had been withdrawn and that the Secretary of ORG would again consider his case “ in the light of all information available . ” The applicant was invited to make any written representations which he might wish the Secretary of ORG to consider before deciding on his suitability for release on life licence .", "In a letter dated DATE the applicant ’s solicitors wrote to the Secretary of ORG in the following terms :", "“ Our client instructs us to request copies of all material upon which the Secretary of ORG will rely , in order to make effective representations in respect of his release . Our client instructs us that he will submit a petition as to why he should be released , however , we are instructed that any representations he can make at this stage will inevitably be limited in the absence of any knowledge of the concerns the Secretary of ORG may have in relation to our client ’s release . ”", "The applicant submitted a petition dated DATE to the Secretary of ORG , complaining of the procedure which had been adopted in the revocation of his licence and asking that the licence be reinstated as soon as possible . On DATE the Secretary of ORG determined to release the applicant again on licence , and he was in fact released on DATE .", "By letter dated DATE certain materials were disclosed to the applicant ’s solicitors , including materials considered by the Secretary of ORG when revoking the licence on DATE , as well as materials considered by the Secretary of ORG in DATE before deciding to release the applicant . Certain documents or parts of documents were withheld from disclosure on the ground of public interest immunity .", "On DATE the applicant initiated judicial review proceedings to quash the decision of the Secretary of ORG to revoke his licence and to obtain a declaration that the revocation was unlawful . Following his release on licence on DATE , the applicant amended his statement of claim in order to limit the relief sought to a declaration that the revocation was unlawful . He argued , inter alia , that he should have been given an opportunity to make representations before the licence was revoked and been provided with the reasons for its revocation .", "On DATE the Lord Chief Justice , Lord PERSON , gave judgment on the application . Having reviewed domestic case - law he concluded :", "“ It is now clear from the authorities that fairness requires as a general rule that ( a ) a prisoner whose licence is revoked must receive at some stage an opportunity to make representations about the revocation and ( b ) in order to do so effectively he must be made aware of the reasons for the revocation if he does not already know them … We do not consider , however , that it is possible to lay down general rules about the stage at which the opportunity to make representations must be afforded or about the extent of any exception to the obligation to give reasons based upon the protection of sources of information who might be put in danger . In our view these are matters in respect of which much may turn upon the circumstances of the individual case and it would not be useful to prescribe procedures in any greater degree of detail .", "Nor can we say with sufficient precision on the facts before us whether the applicant was prejudiced in the present case by the procedure adopted to an extent sufficient to make that procedure unlawful . He had the opportunity immediately after his licence was revoked to make representations by petition , but did not avail himself of this until DATE had passed , and then only to complain that he had not been told why his licence had been revoked . Nor did he at any time make any representations about the substance of the case , the validity of the Secretary of ORG ’s decision to revoke the licence and the grounds for doing so … ”", "The Lord Chief Justice stated with regard to the above that it would not be appropriate in the circumstances to make a declaration about the lawfulness of the revocation of the applicant ’s licence .", "According to the applicant , he did not apply for leave to appeal against the decision since it represented a correct statement of domestic law and any appeal would have had no reasonable prospects of success ." ]

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[ "The applicant was born in DATE and lives in GPE .", "Before the Second World War the applicant 's mother occupied a dwelling house ( “ the house ” ) on a plot of land measuring QUANTITY ( “ the plot ” ) in the centre of the tourist resort of GPE on LOC coast . Following the NORP occupation of GPE in DATE , the land was nationalised and the house was demolished in DATE .", "By a decision of CARDINAL DATE ORG , by reference to ORG , decided to “ restore the property rights ” of the applicant and her sister in regard to their late mother 's land . No form of restitution was specified in the decision .", "The decision of DATE was not implemented as no land was returned and no compensation was offered . In DATE the applicant brought a court action against the local authority , claiming that the plot should have been returned to her and her sister . ORG", "On DATE GPE dismissed the applicant 's action . By reference to LAW ( see § CARDINAL below ) , the court held that the applicant was not entitled to recover the plot , but that she should have been offered an alternative parcel in compensation as required by the law .", "The applicant appealed , stating that the plot had to be returned to her .", "On DATE ORG quashed the judgment of ORG . ORG found that the decision of ORG of DATE did not comply with LAW as the local authority had not decided whether land or money and , in either case , which land or what amount of money should have been offered to the applicant as a compensation . ORG held that the local authority had to resolve these questions . The court required the administration of GPE to “ adopt , by DATE , a decision on the request by ORG to restore her property rights in regard to the plot of land ( iki DATE m. birželio QUANTITY priimti sprendimą pagal PERSON prašymą dėl nuosavybės teisės į žemės sklypą atstatymo ) ” .", "NORP However , no such decision was taken as the applicant refused an alternative parcel of land in another area of GPE . The applicant 's sister accepted an alternative parcel .", "On DATE the applicant obtained an execution warrant for the judgment of DATE . She put the matter in the hands of bailiffs who were unable to execute the warrant against the county administration . The executive authorities took no further decision as the applicant had again refused an alternative parcel of land .", "By a letter of DATE , the GPE Governor stated that the applicant had misinterpreted the judgment of DATE . In the Governor 's opinion , ORG had only required the county administration to adopt a decision in accordance with ORG . As the applicant had no buildings or other property on the plot , she was not entitled to its return . The Governor requested the applicant to approach planners at ORG to choose an alternative parcel . He warned her that a different parcel would be allotted without her consent in order to comply with the judgment of DATE .", "On DATE the applicant wrote to the Prime Minister , stating that she had been entitled to the plot , that the alternative parcels offered by the local authority were located in the outskirts of GPE , and that their value was thus not equivalent to the plot in the centre of town .", "In a letter of CARDINAL DATE , the Director of ORG of the Ministry for Agriculture and Forestry stated that on DATE ORG had decided to restore the applicant 's property rights notwithstanding the fact that there had been a lack of relevant documentation proving her late mother 's ownership of the plot . Moreover , the Director stated that from the decision of DATE it was “ unclear in respect of which owner or land the property rights were restored [ ; ] the form of the restitution of property was also unclear ... ” . The Director requested PERSON to re - examine the lawfulness of the decision of DATE .", "Until DATE the applicant was proposed and refused CARDINAL offers by GPE for alternative parcels of land in various areas of GPE .", "By a letter of CARDINAL DATE , the executive authorities informed the applicant that she had not proved her mother 's ownership of the original plot in accordance with the governmental instructions of DATE , i.e. she had not submitted the original papers confirming the purchase of the plot by her mother , or a court decision proving ownership . The executive authorities held that they could not proceed with a decision on compensation until the applicant presented these papers .", "The Restitution of Property Act ( Nuosavybės teisių ... atkūrimo įstatymas ) ( of DATE , amended on numerous occasions ) provides for CARDINAL forms of restitution : CARDINAL ) the return of the property in certain circumstances , PERSON ) compensation in other cases ( compensation can be made in land or money ) .", "On DATE ORG examined the issue of compatibility of the LAW with the domestic laws on restitution of property rights . In its decision ORG held inter alia that possessions which had been nationalised by the NORP authorities since DATE should be considered as “ property under the de facto control of the ORG ” . ORG also stated : “ The rights of a former owner to particular property have not been restored until the property is returned or appropriate compensation is afforded . The law does not itself provide any rights while it is not applied to a concrete person in respect of a specific property item . In this situation the decision of a competent authority to return the property or to compensate therefor has such a legal effect that only from that moment does the former owner obtain property rights to a specific property item . ” ORG also held that fair compensation for property which could not be returned was compatible with the principle of the protection of property .", "In decisions of DATE and DATE the ORG emphasised that the notion of restitution of property rights in GPE essentially denoted partial reparation . In this respect ORG noted that the authorities of GPE as a re - established ORG in DATE were not responsible for the NORP occupation DATE , nor were they responsible for the consequences of that occupation . ORG held that since DATE many private persons had bought , in accordance with the legislation applicable at the material time , various property items which had been previously nationalised . The denial of these factual and legal aspects was impossible , and the domestic legislation on restitution of property rights duly took into account not only the interests of the former owners , but also the interests of private persons who had occupied or purchased the property under lawful contracts .", "On DATE ORG also said that the choice by ORG partial reparation principle was influenced by the difficult political and social conditions in that “ new generations had grown , new proprietary and other socio - economic relations had been formed during DATE of occupation , which could not be ignored in deciding the question of restitution of property ” .", "On DATE ORG ruled that a person who qualifies for compensation for property which can not be returned is entitled to choose the form of compensation ( land or money ) by giving written permission for the authorities to proceed with the decision . ORG also held that the executive authorities have discretion to decide on appropriate compensation in each case , but that a person is entitled to contest that compensation by way of a court action .", "Under LAW ( all versions until DATE ) , the authorities were required to obtain the written permission of the person concerned before they determined the actual compensation for the property which could not be returned .", "Pursuant to the version of ORG as amended from DATE , the executive authorities are now entitled to decide the question of compensation without the person 's approval . That decision can be appealed to a court in accordance with the procedure established in LAW . No stamp duty is required to file such an action .", "Under LAW , a court judgment which has come into force is binding and must be executed .", "The Code of Civil Procedure nonetheless requires the individual concerned to obtain an execution warrant ( vykdomasis raštas ) from the court which has delivered the final judgment ; the execution warrant must be presented to bailiffs for immediate enforcement ( Articles CARDINAL - CARDINAL ) . The requirements of the bailiffs are binding on all authorities and subjects ( Article CARDINAL ) ." ]

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[ "The applicant was born in DATE and is currently detained at ORG , ORG .", "On DATE the applicant was convicted at ORG of an offence of conspiracy to cheat the public revenue . On DATE he pleaded guilty to CARDINAL offences of concealing proceeds of criminal conduct to retain them or to avoid prosecution ; and removing property from the jurisdiction to retain proceeds of criminal conduct or to avoid prosecution . On DATE , he was sentenced to CARDINAL years’ imprisonment in respect of the conspiracy offence , with no separate penalty imposed for the other CARDINAL offences .", "On DATE ORG dismissed the applicant ’s appeal against sentence .", "On DATE the applicant walked out of ORG , an open prison , and fled to GPE . At that time he had served DATE and DATE of the sentence . A total of DATE and DATE remained to be served . On DATE a warrant for the applicant ’s arrest in respect of the offence of escape from lawful custody was issued by ORG .", "Also on DATE , ORG made a confiscation order in respect of the applicant ’s conviction for conspiracy to cheat the public revenue in the sum of ORG CARDINAL,CARDINAL,CARDINAL.CARDINAL . The amount specified in the order was to be paid by the applicant by DATE , with CARDINAL years’ imprisonment to be served in default of payment , consecutively to the DATE term of imprisonment already imposed . Although the applicant was not present , he was represented by senior counsel .", "On DATE the applicant was refused leave to appeal against the confiscation order . In DATE the full court of ORG refused the applicant ’s renewed application for leave to appeal against the confiscation order .", "On DATE an enforcement and receivership order was made against the applicant in order to seek to recover the sums specified in the compensation order , as only GBP CARDINAL had been recovered by the Official Receiver .", "On DATE ORG issued a request to ORG for the applicant ’s extradition , pursuant to LAW DATE ( “ the ECE ” ) , as a convicted person and as an accused person . The request was made on the basis that the applicant had been convicted of conspiracy and money laundering offences and was accused of an offence of escape from lawful custody .", "An accompanying witness statement by a Revenue and ORG set out the offences of which the applicant had been convicted , together with the relevant law . It noted that the applicant ’s return was sought in order to serve the remainder of the sentence of DATE imprisonment imposed on him . It referred to the confiscation order and concluded :", "“ ... It is established law that a default sentence so imposed constitutes part of the overall penalty . [ The applicant ’s ] return to GPE is therefore sought in respect of any activation of the default sentence which may become necessary . ”", "In diplomatic notes dated DATE and DATE , ORG asked the NORP authorities for further information relating to the acts committed by the applicant . On DATE and DATE ORG replied to the questions .", "On DATE an arrest warrant was issued by the examining magistrate in GPE , GPE . The applicant was arrested pursuant to that warrant on DATE .", "By diplomatic note dated DATE , ORG asked the following question of GPE authorities :", "“ ... whether the extradition of the [ applicant ] is also being requested for charges of evasion and for non - payment of the confiscation sum ordered by ORG on DATE . ”", "By diplomatic note of CARDINAL DATE to ORG , ORG in GPE enclosed the response of Her ORG Revenue and ORG ( “ ORG ” ) . The response was in the following terms :", "“ It is important to make clear that there is no charge , in existence or proposed , for evasion or non - payment of the order . The extradition of PERSON is not sought in respect of non - payment of the confiscation order which was made against him ; it is sought in respect of one charge of escape from lawful custody and to finish serving the term of imprisonment passed on him in respect of the offence of conspiracy to cheat .", "The confiscation order was part of the sentence passed on PERSON . The effect of the relevant legislation is that such orders are treated in the same way as fines . When a ORG imposes a fine on any person , they may allow that person time to pay the fine but they must make an order fixing a term of imprisonment which that person must serve as a last resort if the sum they owe has not been paid or recovered . The confiscation order in this case was made on DATE , the judge allowed PERSON time to pay until DATE , and set a term of imprisonment in default of DATE . The order remains outstanding and this office has been taking steps to enforce it .", "Activation of a default sentence is CARDINAL of the many means available to the court to enforce outstanding orders . The court can initiate activation of its own volition or the prosecutor can invite the court to do so . Before activating the default sentence , judges are under a duty to enquire into the defendant ’s proposals for payment and to determine whether any of the other methods of enforcement might be effective . [ The applicant ] would have the opportunity to make representations throughout this process . [ The applicant ] still has the option to pay the confiscation order at any time and if his assets are insufficient to meet the confiscation order he may apply to ORG for a certificate of inadequacy . If CARDINAL is granted , he may then apply to ORG to reduce the amount of the confiscation order ... ”", "On DATE ORG issued its decision on extradition . The decision noted :", "“ CARDINAL . On DATE , ORG requested the arrest and extradition of the party concerned to serve the remainder of a prison sentence of DATE handed down by ORG on DATE for fraud and money laundering .", "In a diplomatic note of DATE , ORG in GPE requested the extradition of the party concerned . ”", "It continued :", "“ CARDINAL . In a diplomatic note of CARDINAL DATE , ORG informed the ORG [ ORG ] that the extradition of the party concerned was not being requested for non - payment of the amount of the confiscation ordered by way of the decision of DATE of ORG , but was being requested for the absconding . ”", "NORP The decision noted that for extradition to be ordered , the offence for which it was sought had to be an offence in both countries . As regards the offence for which the DATE sentence was imposed , ORG considered in some detail the facts behind the offence . It noted the applicant ’s objection that the request for extradition was not clear regarding whether it was also requested for the offence of absconding and for non - payment of the amount confiscated which were not punishable under NORP law .", "ORG ruled that since LAW did not punish a person who absconded , the extradition would not be granted for the act of absconding . It noted that the extradition was not requested for the non - payment of the confiscation order and that there was no need to ask the NORP authorities to give any guarantees , as nothing suggested that they would not adhere to the rule that a person could only be tried for the offence for which he had been extradited .", "It granted the extradition for the acts described in the extradition request of ORG of DATE and its additional documents of DATE and DATE , excluding the acts of absconding .", "On DATE the applicant appealed to ORG . On DATE ORG upheld the decision of ORG . It summarised the facts of the case , and noted that ORG had declared that extradition was only being sought for the acts of absconding , and not for non - payment of the confiscation order .", "NORP In response to the applicant ’s criticism of the decision of ORG for failing to exclude extradition for the purpose of initiating proceedings regarding the non - payment of the confiscation order , the court noted that the NORP authorities had expressly stated that extradition was not requested for non - payment of the amount in the confiscation order and held that this statement was sufficiently clear and appropriate for the purposes of removing the applicant ’s doubts .", "On DATE the applicant appealed to ORG . On DATE ORG ruled that the appeal was inadmissible . In its judgment , it summarised the findings of ORG :", "“ ... The applicant authority had clearly waived the right to apply for extradition for the sentence relating to non - payment of the confiscation [ order ] ... ”", "On DATE the applicant was extradited to GPE and returned to prison to complete his sentence .", "NORP In DATE the ORG applied to ORG to enforce the DATE term of imprisonment imposed on the applicant in default of payment of the confiscation order .", "On DATE the head of ORG sent an email to ORG stating that this would amount to a violation of the rule of specialty .", "On DATE ORG wrote to the NORP authorities indicating that it intended to proceed with an application to enforce the DATE term of imprisonment . It noted that the extradition request concerned the offence of conspiracy to cheat the public revenue ( “ the extradition offence ” ) , of which the applicant had been convicted , and the offence of escape from lawful custody , of which the applicant was accused . The request for extradition in respect of the latter offence was refused . As regards the non - payment of the confiscation order , the letter indicated :", "“ While the extradition request was under consideration , a question was put by the NORP authorities ... as to whether [ the applicant ’s ] ‘ extradition is also being requested for charges of evasion and for non - payment of the confiscation sum ordered by ORG on DATE .", "In our response we sought to explain that there were no charges for the non - payment of the order , the order was part of the sentence for the extradition offence and if the order were not to be satisfied this would result in the activation of the default sentence .", "As the sentence for non payment was part and parcel of the sentence imposed for the extradition offence , it was not possible , or necessary , to seek his extradition in relation to it ; as part of the sentence for the extradition offence it was covered by the terms of the extradition request .", "It appears from the documentation that we have had sight of that PERSON was returned on the basis that the default sentence referred to above may not be imposed . This decision appears to be made on a misunderstanding of the requesting ORG ’s position as is set out in the documents provided to ORG in support of the extradition request . ”", "Referring to section CARDINAL of LAW DATE ( see paragraph CARDINAL below ) , ORG explained that the sentence for the extradition offence was made up of CARDINAL component , and covered the prison sentence for the wrongdoing , the financial penalty in the confiscation order and the custodial penalty that flowed from the non - payment . The letter concluded :", "“ I take this opportunity to assure the Government of ORG that the GPE is committed to its international obligations and has no intention of dishonouring the principle of specialty .", "However , for reasons which I trust are apparent from what is set out herein , imposition of the default sentence in these circumstances can not be considered to be a breach of the GPE ’s specialty obligations , either as set out in the ORG or in GPE domestic legislation . ”", "On DATE ORG wrote to ORG indicating that if the GPE authorities intended to ask for the extension of the extradition to include the non - payment of the confiscation order , they would have to proceed in accordance with LAW ( see paragraph CARDINAL below ) .", "On DATE the ORG application to enforce the default term came before ORG . The applicant argued that the proceedings were barred by the rule of specialty , which restricts prosecution or punishment of an extradited person to the offence for which extradition was granted . The District Judge considered the applicant ’s claim to be arguable but was of the view that only ORG had jurisdiction to consider an abuse of process argument . He therefore adjourned the proceedings to allow the parties to bring judicial review proceedings .", "On DATE the applicant lodged a claim for judicial review seeking an order that the District Judge be prohibited from proceeding to examine ORG application because the proceedings were an abuse of process ; and an order that the District Judge be prohibited from proceeding to examine ORG application because it constituted a breach of section CARDINAL of LAW DATE ( “ the DATE LAW see paragraphs CARDINAL below ) .", "On DATE the ORG lodged a claim for judicial review seeking , inter alia , a declaration that the application to enforce the default term did not constitute an abuse of process and a declaration that the application to enforce the default term did not constitute a breach of section CARDINAL of the CARDINAL Act .", "On DATE the ORG granted leave in respect of ORG application . The CARDINAL claims were later joined and consideration of the applicant ’s request for leave was adjourned for consideration by the full court at the substantive hearing in ORG claim .", "On DATE a hearing took place in both claims . The court heard argument from counsel for both parties . At the conclusion of the hearing , ORG granted ORG application for judicial review , refused the applicant ’s application for permission to apply for judicial review and indicated that it would hand down a reasoned judgment in due course .", "On DATE ORG resumed the hearing of ORG application . LOC ordered the applicant to serve the DATE term .", "On DATE ORG handed down its reasoned judgment in the judicial review claims . It noted that this was not a case where it was being suggested that there had been “ a deliberate abuse ” of the extradition proceedings or that the NORP authorities were deliberately misled or that the extradition proceedings were improperly manipulated .", "The court held that it was entirely satisfied that the default term formed part of the original sentence , since it was an integral part of the confiscation order which , it was common ground , was unarguably part of the original sentence . It considered the argument that enforcement of the default term involved proving the commission of a further separate offence to be wholly artificial and had no hesitation in rejecting it .", "As to the applicant ’s alternative argument that if the default term did form part of the original sentence and proceedings to enforce it were a process in which the applicant would be dealt with for the original offences , then there should be a mechanism for dealing with the express reservation of the NORP authorities , the court was again satisfied that there was no substance in this submission , and held that the NORP reservation was the result of their misunderstanding of the extent of GPE “ clearly expressed request ” .", "The court summarised the various exchanges between the NORP and NORP authorities prior to the applicant ’s extradition and agreed with counsel for ORG that the NORP diplomatic note of DATE , read as a whole , made it perfectly clear that extradition was not required in respect of any charge of non - payment of the confiscation order , since there was no such actual or proposed charge because the order in question formed part of the sentence imposed for the offences of which the applicant had been convicted and in respect of which his extradition was being sought . It continued :", "“ In other words , it was not necessary to seek extradition specifically for the non - payment because the confiscation order was merely part of the sentence for the offences for which he was to be extradited and was not a separate charge in its own right . ”", "It concluded that the imposition of the default term would offend neither the rule of specialty in section CARDINAL of the CARDINAL Act nor under LAW .", "As to the argument that the enforcement of the default term constituted an abuse of process , the court found :", "“ CARDINAL . ... In the light of our decision that there is no infringement of the rule of specialty in this case , we have come to the firm conclusion that there is no abuse of process involved in proceeding to enforce the default term against PERSON in the circumstances of this case , notwithstanding the misunderstanding of the position by the NORP authorities and their expressed reservation . ”", "It concluded that the decisions and comments of the NORP courts in respect of the default term for non - payment of the confiscation order were simply not binding on the courts of GPE and the rule of specialty had not been infringed . For the reasons given , the court was satisfied that GPE had not deliberately misled the NORP authorities , that it had always made its intentions clear and that there had been no improper or unfair manipulation of the processes of extradition or for the enforcement of the default term .", "On DATE the applicant applied to ORG for certification of points of law of general public importance and for leave to appeal against the judgment of ORG . On DATE the court refused the applications .", "On DATE , by letter to ORG , ORG reiterated :", "“ By means of the diplomatic note dated DATE , the ORG sent the ORG [ ORG and Police ] a letter from the NORP authorities showing that extradition was not required for the non - payment of the confiscation order . In accordance with this letter , this aspect has been withdrawn from the extradition proceedings and has not been dealt with in the decision . Therefore , extradition has not been granted for the non - payment of the confiscation order . ”", "ORG indicated that if the NORP authorities had enforced the DATE default term of imprisonment for non - payment of the confiscation order , this would amount to a breach of the rule of specialty .", "In DATE , as a result of early release provisions , the applicant reached his release date in respect of the DATE term of imprisonment imposed for the extradition offence . He is currently in detention pursuant to the default term of imprisonment imposed in respect of the non - payment of the confiscation order .", "DATE . On DATE ORG in GPE forwarded a Diplomatic Note to ORG reiterating its contention that the activation of the default term did not violate the principle of specialty .", "On DATE ORG responded to the Note . It indicated that it disagreed with the interpretation of the NORP authorities and courts of the rule of specialty and reiterated that in its view subjecting the applicant to the default term of imprisonment violated that rule . It requested the NORP authorities either to request an extension of their extradition request pursuant to LAW see paragraph CARDINAL below ) or to release the applicant .", "At the relevant time , section CARDINAL of LAW DATE ( “ the DATE LAW ) provided for the making of confiscation orders . It imposed a duty on the court where the possibility of imposing a confiscation order arose to act as follows before sentencing :", "“ ( CARDINAL ) The court shall first determine whether the offender has benefited from any relevant criminal conduct .", "( CARDINAL ) ... if the court determines that the offender has benefited from any relevant criminal conduct , it shall then–", "( a ) determine ... the amount to be recovered in his case by virtue of this section , and", "( b ) make an order under this section ordering the offender to pay that amount . ”", "The effect of CARDINAL of LAW and section CARDINAL of ORG ) Act DATE was that if ORG imposed a confiscation order , it could make an order allowing time for the payment of the amount of the fine . It was also required to make an order fixing a term of imprisonment which the subject of the fine was to undergo if any sum which he was liable to pay was not duly paid or recovered .", "Section CARDINAL(CARDINALA ) of the DATE Act provided :", "“ Where the defendant serves a term of imprisonment or detention in default of paying any amount due under a confiscation order , his serving that term does not prevent the confiscation order from continuing to have effect , so far as any other method of enforcement is concerned . ”", "The provisions on confiscation orders in LAW were repealed and replaced on DATE by LAW . The changes are not relevant to the present case .", "Section CARDINAL of LAW DATE ( as amended ) deals with the meaning of “ sentence ” . It provides :", "“ ( CARDINAL ) In this Act ‘ DATE , in relation to an offence , includes any order made by a court when dealing with an offender including , in particular–", "...", "( e ) a confiscation order under Part VI of LAW DATE ... ”", "Section CARDINAL of the Magistrates’ Court Act DATE gives ORG the power to issue a warrant of commitment to activate the default sentence imposed by ORG in the event of non - payment .", "Under NORP law , an obligation on an individual to pay a certain sum of money can arise in civil , administrative or criminal law .", "In the context of such obligations arising under civil or administrative law , no penalty can be imposed on a debtor in default other than ordinary enforcement proceedings to obtain the forced sale of the debtor ’s assets in order to extinguish the debt and any applicable interest .", "In the context of criminal law , a person may be required to pay a sum of money by way of a fine following conviction for a criminal offence . If the fine is unpaid , the party in default will receive an equivalent prison sentence , which extinguishes the fine . If a convicted person has financially benefited from a criminal offence , a compensatory claim equivalent to the benefit can be imposed . In case of default , the relevant sum is recoverable under NORP law on debt enforcement and bankruptcy . There is no provision for a term of imprisonment to be served in default .", "At the relevant time , the applicant ’s extradition was governed by section CARDINAL of LAW DATE . Section CARDINAL applied if a person was extradited to GPE from certain GPE ( including GPE ) . Section CARDINAL(CARDINAL ) provided :", "“ The person may be dealt with in GPE for an offence committed before his extradition only if–", "( a ) the offence is one falling within subsection ( CARDINAL ) , or", "( b ) the condition in subsection ( CARDINAL ) is satisfied . ”", "Subsection ( CARDINAL ) defined relevant offences as :", "“ ( a ) the offence in respect of which the person is extradited ;", "( b ) an offence disclosed by the information provided to the [ extraditing ] ... territory in respect of that offence ;", "( c ) an offence in respect of which consent to the person being dealt with is given on behalf of the [ extraditing ] territory . ”", "The condition set out in subsection ( CARDINAL ) was that :", "“ ( a ) the person has returned to the territory from which he was extradited , or", "( b ) the person has been given an opportunity to leave GPE . ”", "Section CARDINAL(CARDINAL ) clarified that a person is “ dealt with ” in GPE for an offence if he is tried there for it or he is detained with a view to trial there for it .", "As of DATE , section CARDINAL of the CARDINAL Act was replaced by section CARDINAL , in similar terms .", "LAW DATE ( “ the ECE ” ) governs extradition between GPE and GPE . Under LAW :", "“ The Contracting Parties undertake to surrender to each other , subject to the provisions and conditions laid down in this LAW , all persons against whom the competent authorities of the requesting ORG are proceeding for an offence or who are wanted by the said authorities for the carrying out of a sentence or detention order . ”", "Article CARDINAL deals with the need for dual criminality and provides that extradition is to be granted in respect of offences punishable under the laws of both the requesting ORG and the requested ORG .", "Article CARDINAL deals with the principle of specialty :", "“ CARDINAL . A person who has been extradited shall not be proceeded against , sentenced or detained with a view to the carrying out of a sentence or detention order for any offence committed prior to his surrender other than that for which he was extradited , nor shall he be for any other reason restricted in his personal freedom , except in the following cases :", "a. when the ORG which surrendered him consents . A request for consent shall be submitted , accompanied by the documents mentioned in LAW and a legal record of any statement made by the extradited person in respect of the offence concerned . Consent shall be given when the offence for which it is requested is itself subject to extradition in accordance with the provisions of this Convention ;", "b. when that person , having had an opportunity to leave the territory of the ORG to which he has been surrendered , has not done so within DATE of his final discharge , or has returned to that territory after leaving it .", "... ”" ]

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[ "5" ]

[ "5-1" ]

[ "5-1-a" ]

[ "The applicant ’s family lived in the village of PERSON , LOC district . Her husband died on DATE .", "Prior to his death , on DATE the biggest NORP DATE newspaper , ORG , published a front page article entitled “ LOC villages paralysed by the fear of death : residents of the remote NORP area shackled by the AIDS threat ” ( LOC kaimus paralyžavo mirties baimė : nuošalios NORP vietovės gyventojai atsidūrė AIDS grėsmės gniaužtuose ) . The following statements of particular concern to the applicant ’s family were made in the article :", "“ Notoriously promiscuous , DATE FAC is already sick with this fatal disease ...", "An HIV - positive person lives in a village in the ORG area . This [ is ] PERSON , an unmarried mother of CARDINAL children ...", "The father of PERSON CARDINAL children is an inhabitant of GPE [ village ] - L. Armonas ...", "Medics at the LOC hospital confirmed that PERSON is HIV - positive . The woman was taken to hospital with tuberculosis . Blood tests revealed that she was HIV - positive ...", "The woman [ G. Biriuk ] has already been diagnosed with AIDS - this is the last stage of the infection . The disease can last from DATE but finally ends with death ...", "PERSON is HIV - positive ...", "DATE ... the father of PERSON CARDINAL children , living in GPE , was taken to LOC hospital with a high fever ...", "PERSON is another victim of AIDS ...", "From the appearance of the patient [ reference to PERSON ] and the symptoms of the disease , the doctors suspected that he might be HIV - positive . The reply recently received from the AIDS centre confirmed the suspicions . ”", "The husband instituted proceedings in the GPE City Third ORG , suing the newspaper for non - pecuniary damages in the amount of CARDINAL NORP litai ( ORG , or MONEY ( ORG ) ) for a breach of his right to privacy .", "On DATE the court ruled in his favour . The court found that the defendant had not proved the truthfulness of the published allegations as to the husband ’s relationship with PERSON , or that the information about the husband ’s state of health , indicating his full name and residence , had been made public with his consent , or met a legitimate public interest in drawing society ’s attention to the rising number of HIV cases in GPE . Having assessed all the relevant evidence , the court decided that there was no proof that the husband was the father of PERSON children . The article humiliated the husband and the publication of information about his private life caused him non - pecuniary damage , had an impact on his health , and a negative influence on his family life and his reputation . It also restricted his family ’s opportunities to communicate with others . The court noted that in DATE the statutory capital of the newspaper company - JSC PERSON LTL MONEY ( approximately EUR CARDINAL ) . However , the court concluded that the information had not been made public deliberately , and applied LAW to the Public . Accordingly , it awarded the husband the maximum sum set by this LAW in such circumstances , i.e. LTL CARDINAL,CARDINAL ( about EUR CARDINAL,CARDINAL ) , in compensation for non - pecuniary damage .", "The husband appealed to ORG . On DATE the court dismissed the appeal , agreeing with the lower court ’s reasoning .", "As mentioned above , the husband died on DATE .", "On DATE ORG upheld the appellate court ’s decision . It stated that an award exceeding the amount of LTL CARDINAL,CARDINAL set by the aforementioned legislation could be granted if it were established that information had been published intentionally . The court observed that by printing the article the newspaper had committed CARDINAL violations : first , it had published information which was not true and which debased the husband ’s honour and reputation , and , secondly , it had published data about his private life without his consent . However ORG ruled that the lower courts had come to the well - founded conclusion that the husband had not proved that the defendant had published information about him deliberately and , therefore , there was no ground to increase the amount of compensation for non - pecuniary damage fivefold , as envisaged by LAW to the Public .", "LAW provides as relevant :", "“ The private life of a human being shall be inviolable ... The law and the courts shall protect everyone from arbitrary or unlawful interference in his private and family life , or from encroachment upon his honour and dignity . “", "DATE LAW provides that compensation for material and non - pecuniary damage suffered by a person shall be established by law .", "According to LAW applicable at the material time , concerning compensation for non - pecuniary damage :", "“ Mass media , organisations or persons who publish false information degrading the honour and dignity of a person , and also information about a person ’s private life without the consent of that person , shall pay compensation for non - pecuniary damage . The courts will assess the amount of the compensation , CARDINAL litai .", "In assessing monetary compensation for the non - pecuniary damage caused , the courts shall take into consideration the financial status of the person who has caused the damage , the gravity and consequences of the violation and other circumstances important to the case . ”", "Article CARDINAL of LAW , concerning non - pecuniary damage and in force since DATE , reads as follows :", "“ CARDINAL . Non - pecuniary damage shall be deemed to be a person ’s suffering , emotional experiences , inconvenience , mental shock , emotional depression , humiliation , deterioration of reputation , diminution of opportunities to associate with others , and so on , evaluated by a court in terms of money .", "Non - pecuniary damage shall be compensated only in cases provided for by laws . Non - pecuniary damage shall be compensated in all cases where it has been incurred due to crime , health impairment or deprivation of life , as well as in other cases provided for by laws . The courts , in assessing the amount of non - pecuniary damage , shall take into consideration the consequences of the damage sustained , the gravity of the fault of the person by whom the damage is caused , his financial status , the amount of pecuniary damage sustained by the aggrieved person , and any other circumstances of importance for the case , as well as the criteria of good faith , justice and reasonableness . ”", "The relevant provisions of the PERSON on the Provision of Information to the Public at the material time read as follows :", "“ CARDINAL . In producing and disseminating public information , it is mandatory to ensure a person ’s right to have his personal and family life respected .", "Information about a person ’s private life may be published , with the exception of the instances stipulated in paragraph CARDINAL of this LAW , only with the consent of that person and if publication of the information does not cause undue harm to that individual .", "Information concerning private life may be published without the person ’s consent in those cases when publication of the information does not cause harm to the person or when the information assists in uncovering violations of the law or crimes , as well as when the information is presented in the examination of the case in an open court process . ... ”", "“ CARDINAL . A producer and ( or ) disseminator of public information who publishes information about an individual ’s private life ... without the natural person ’s consent , also a producer who publishes false information degrading to the honour and dignity of the person , shall pay compensation for non - pecuniary damage to that person in a manner set forth by law . The amount of the compensation for non - pecuniary damage may not be in excess of LTL CARDINAL , except for cases when the court establishes that false information degrading the honour and dignity of a person has been published intentionally . In such cases the amount may , by a decision of a court , be increased , but not more than fivefold . In each case the amount awarded to the plaintiff may not be in excess of PERCENT of the DATE income of the publisher and ( or ) disseminator of public information . ...", "In determining the amount of monetary compensation for non - pecuniary damage , the courts shall take into account the financial circumstances of the person who caused the damage , the gravity of the offence , its consequences and other significant circumstances . ... ”", "Article CARDINAL of the Law on ORG , restricting the disclosure of information about a person ’s health , at the material time provided as follows :", "“ CARDINAL . Restriction on the disclosure of information about the state of health of a person is intended to guarantee the inviolability of his private life and state of health .", "It shall be forbidden to make public in the mass media information about the state of health of a person without his written authorisation ...", "Individual or public health care specialists shall be restricted ... from violating the confidentiality of the information about an individual ’s NORP private life or personal health ... which they have acquired while performing professional duties . ”", "The Ruling of the Senate of Judges of ORG DATE no . CARDINAL “ On the application of Articles CARDINAL and CARDINAL of LAW and the PERSON on the Provision of Information to the Public in the case - law of the courts examining civil cases on the protection of honour and dignity ” , in so far as relevant , provided as follows :", "“ CARDINAL . ... Privacy of the person should be protected when it is established that information about a person ’s private life has been disseminated without his or her consent and in the absence of lawful public interest . Lawful public interest is to be understood as the right of society to receive information about the private life of a person ... where it is necessary to protect the rights and freedoms of others from negative impact . The rights of the person are protected irrespective of whether the disseminated information degrades his or her honour and dignity . ”", "The Ruling further stipulated that the producer or disseminator of public information who publishes information about an individual ’s private life without his or her consent must compensate for the non - pecuniary damage caused . When assessing the monetary compensation for such damage , the courts should take into consideration the guilt of the defendant , his or her behaviour after the dissemination of the information , the negative impact on the plaintiff ’s professional or social life and the form and manner in which the information was disseminated , as well as its content and other relevant circumstances . The monetary compensation could not exceed the limits provided by LAW and LAW to the Public .", "On DATE ORG of ORG adopted LAW , containing a LAW , the relevant part of which reads as follows :", "“ CARDINAL . There is an area in which the exercise of the right of freedom of information and freedom of expression may conflict with the right to privacy protected by LAW . The exercise of the former right must not be allowed to destroy the existence of the latter .", "The right to privacy consists essentially in the right to live one ’s own life with a minimum of interference . It concerns private , family and home life , physical and moral integrity , honour and reputation , avoidance of being placed in a false light , non - revelation of irrelevant and embarrassing facts ... protection from disclosure of information given or received by the individual confidentially ...", "The right to privacy afforded by LAW should not only protect an individual against interference by public authorities , but also against interference by private persons or institutions , including the mass media . National legislations should comprise provisions guaranteeing this protection . ”", "Recommendation no . R ( CARDINAL ) CARDINAL on “ The ethical issues of HIV infection in the health care and social settings ” , adopted by ORG on DATE reads , in so far as relevant to the present case , as follows :", "“ Public health authorities are recommended to :", "in relation to reporting of cases :", "ensure that the reporting of AIDS cases ... is used for epidemiological purposes only and therefore carried out in strict compliance with appropriate confidentiality regulations and in particular that data is transmitted on a non - identifiable basis to avoid any possible discriminatory use of sensitive health related data , to avoid discouraging individuals from seeking voluntary testing ,", "in relation to the patient - health care worker relationship :", "strongly support respect for confidentiality , if necessary by introducing specific policies and by promoting educational programs for health care workers to clarify confidentiality issues in relation to HIV infection . ”" ]

[ "8" ]

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[ "The applicant , Mr PERSON , is a NORP national , who was born in DATE and lives in GPE - on - Don . He is represented before the Court by PERSON , a lawyer practicing in PERSON - on - PERSON . The respondent Government are represented by PERSON , Representative of GPE at ORG .", "The facts of the case , as submitted by the parties , may be summarised as follows .", "On DATE the applicant was arrested on suspicion of having murdered CARDINAL minors and was brought to the LOC police station in GPE - on - Don .", "According to the applicant , in the police station he was beaten up . In particular , he alleges that he was hit with a baton and with a wooden hammer , that he was beaten on the head with a plastic bottle filled with water while being handcuffed and chained to a pipe .", "According to the applicant , on DATE he was taken out of the cell and brought to an officer of the prosecutor 's office who hit him on the head with a chair , stripped him naked , handcuffed the applicant 's wrists and feet together , put the applicant on the knees and tortured him with electric shocks to force him to confess that he had committed the murder .", "On DATE the applicant sent a letter to his mother in which he mentioned that on the day of arrest he “ was beaten almost to death ” by police officers .", "On DATE the applicant 's mother passed him certain medicines , allegedly for liver and kidney treatment .", "On DATE in the hearing of the criminal case against the applicant he pleaded guilty in having taken part in the robbery and murder , but contested that he had organised them . In this context he denied in part the confession he made at the interrogation . He alleged that he made it under duress . The court called and examined the investigator , Mr PERSON , who testified that during investigation “ the applicant 's state of health was normal ” and that “ he had never received any complaints from the applicant about ill - treatment by the police ” . The court held that “ [ the applicant 's ] declaration that he had been beaten up upon arrest by police officers [ was ] unsubstantiated ” , found that the statement at issue was consistent with other evidence , and recalled that the applicant kept changing his submissions concerning his role in the gang throughout the proceedings . On that basis it admitted the disputed statement as evidence aggravating the applicant 's charge .", "On DATE ORG of GPE considered the applicant 's appeal , which was based , in particular , on his complaint that the statements allegedly made under duress were wrongly admitted as evidence . It found that the first instance court exercised sufficient diligence examining the applicant 's objections and rightly admitted the disputed evidence , given that the allegations of ill - treatment were completely unsubstantiated .", "Following the communication of this case to the respondent Government the applicant 's complaints about ill - treatment were apparently brought to the attention of competent domestic authorities . The latter , in turn , questioned the persons who could have witnessed the events concerned .", "In this connection , on CARDINAL and DATE written statements were produced by PERSON , the applicant 's former cellmates in the cell No . CARDINAL of the detention facility IZCARDINAL/CARDINAL . They testified that no physical force or other pressure was applied to the applicant or other inmates .", "On DATE ORG conducted a further investigation . The investigator , the legal aid counsel who had been present at interrogation , and the police officers of the GPE police station who arrested the applicant , were questioned . All of them denied that ill - treatment had taken place , or that the applicant 's confession had been forced . They stated that at the material time the applicant had no injuries and made no complaints about ill - treatment .", "On DATE the prosecutor 's office concluded that no proof to the applicant 's allegations could be found and refused to open criminal investigation into the alleged illtreatment . It referred to the statements of the investigator , the counsel and the police officers . In addition , it stated that the existing security control would not allow the officers to bring the objects allegedly used for torture into the interrogation area and noted that the furniture in the interrogation area was secured to the floor .", "From DATE to CARDINAL DATE the applicant was detained on remand in the detention facility IZ-CARDINAL/CARDINAL ( then PERSON ) in PERSON . Initially he was detained in a common cell No . CARDINAL .", "Following the judgment of DATE , the applicant was transferred to the cell No . CARDINAL , a special cell for detainees serving a life sentence . For some time he was kept alone , until another detainee was placed in the same cell .", "The applicant gives the following account of the conditions in the cell . It was a solitary confinement cell measuring QUANTITY , QUANTITY high ; there was no daylight ; the QUANTITY bulb was covered by CARDINAL layers of dense metal mesh leaving the cell always dark , which made it impossible to read or write ; the concrete floor was flooded with water , there was mould on the walls and the ceiling ; there was no air ventilation ; the air was stale and musty ; the cell was dirty and overrun with cockroaches and infested with pests and mice ; access to tap water was limited , as the tap could only be turned on by the warder outside the cell ; the toilet was often blocked with sewage .", "The Government submit that the cell No . CARDINAL had a window , a toilet , a washbasin ; that the temperature and humidity were maintained in accordance with the standard sanitary requirements ; the applicant had a bed and was provided with a set of bedding .", "On DATE the applicant 's mother complained to a prosecutor 's office that the applicant 's cell had no daylight and that it was damp .", "On DATE the applicant 's counsel submitted a complaint to the administration of the detention facility claiming that the applicant should not have been transferred to a solitary confinement cell .", "On DATE the applicant 's mother submitted a written complaint to the Chief Supervisor of ORG of the Rostov ORG alleging , inter alia , that the applicant 's cell was damp .", "On DATE the Chief Supervisor of ORG of the Rostov ORG informed the applicant 's mother that an inspection had been conducted further to her complaints about the applicant 's detention conditions . He replied that the condition in his cell “ generally satisfied the sanitary requirements , although the detainees slept in turns due to the shortage of bunk beds ” .", "On DATE the Chief of the detention facility informed the applicant 's counsel , in reply to his complaint of CARDINAL August CARDINAL , that the applicant was detained in a cell intended for a small number of inmates according to the law and to the applicant 's own request .", "On DATE the applicant 's mother and counsel brought proceedings before ORG of PERSON against the administration of the detention facility IZCARDINAL/CARDINAL . They referred , in particular , to the poor detention conditions : insufficient light , humidity , lack of air ventilation , restricted access to tap water and toilet facilities .", "On DATE , the applicant , further to his complaints about poor conditions in the cell No . CARDINAL , was transferred to the detention facility IZCARDINAL/CARDINAL ( then ORG ) in the town of GPE , where he remained until DATE . He was detained in solitary confinement cells Nos . CARDINAL and CARDINAL .", "The applicant alleges that his cell was cold ; that he was not allowed to have blankets or warm clothes and thus had to sleep on a bare iron bed , that the sewage was often blocked and that his access to the water tap was limited .", "The Government submit that the applicant 's cells had adequate sewage and water supply , and that light and temperature were in accordance with standard sanitary requirements . The applicant was provided with clothes and bedding .", "On DATE the applicant 's mother filed a complaint with ORG office which included a complaint about the poor conditions in the detention facility IZ-CARDINAL/CARDINAL . In particular , she complained that the applicant was placed in a solitary confinement cell with a limited water supply ; she requested to be permitted to give him warm clothes and a blanket .", "From DATE to DATE the applicant was held in SIZOCARDINAL ( IZCARDINAL/CARDINAL ) , a detention facility in GPE . It appears that he was subsequently transferred back to the detention facility IZ-CARDINAL/CARDINAL .", "On DATE the ORG of PERSON discontinued the proceedings against the prison administration as the parties had failed twice to appear before the court .", "On DATE the applicant was transferred from the detention facility IZ-CARDINAL/CARDINAL to another penitentiary institution to serve his sentence .", "On DATE the ORG of PERSON accepted the claim of the applicant 's counsel that he had not been duly summoned to take part in the proceedings and reversed its decision of DATE .", "On DATE the applicant 's mother filed a request to discontinue proceedings against the prison administration , as they were apparently brought by the applicant 's counsel without consent of either the applicant or herself .", "On DATE the ORG of PERSON decided to discontinue the proceedings against the prison administration as the plaintiff had failed CARDINAL more times to appear before the court . The court also took into account the request of the applicant 's mother to discontinue proceedings . This decision has not been appealed .", "On DATE , following the communication of this case to the respondent Government , and apparently in response to their request to clarify certain facts , the applicant gave written explanations to the Chief Penitentiary Directorate concerning the conditions in the pre - trial detention . He wrote that the conditions in the detention facilities GPE , IZCARDINAL/CARDINAL and SIZO-CARDINAL were satisfactory . He stated that he had had no complaints concerning his pre - trial detention conditions and that it was his counsel who wrote the complaint to ORG .", "The criminal proceedings against the applicant began on DATE .", "On DATE the applicant signed a confession that he had murdered CARDINAL minors .", "On DATE ORG held the applicant guilty on account of a robbery and an aggravated murder and convicted him to life imprisonment .", "On DATE the applicant 's mother and counsel brought proceedings before ORG of PERSON against the administration of the detention facility IZCARDINAL/CARDINAL . They claimed , inter alia , that the applicant was handcuffed whenever he visited him in the detention facility , which hampered reading the file and prevented the applicant from taking notes or writing complaints . He also complained that on several occasions the administration of the detention facility had hindered correspondence between the applicant and himself , which impeded the applicant 's right to defend himself in the criminal proceedings . These proceedings were subsequently terminated for being abandoned by the applicant , as described above in para . CARDINAL ( “ Conditions of detention ” ) .", "On DATE ORG of GPE , acting on appeal , upheld the first instance judgment as to the substance , but reduced the sentence to DATE of imprisonment .", "On DATE , following the communication of this case to the respondent Government and apparently in response to their request to clarify certain facts , the applicant gave written explanations to the Chief Penitentiary Directorate of GPE . He stated that he was not handcuffed during the meetings with his counsel in the period DATE . He made no comments as to other periods .", "On DATE a regional newspaper PERSON published an article based on an interview with ORG . The article was entitled “ CARDINAL perverts valued children 's lives at FAC ” . The article was accompanied by the photograph of the prosecutor and the passport size photographs of the applicant and his CARDINAL co - accused . The article referred to the prosecutor 's opinion on the matter and contained , inter alia , the following statements :", "“ [ ... ] Mr PERSON [ i.e. the applicant ] , DATE , CARDINAL of the murderers , responded that they had to [ kill them ] because [ CARDINAL of the victims ] had recognised him . The officers of ORG office disagree . They are convinced that PERSON together with his companions in crime had a clear murderous intent , why would they carry knives otherwise ? [ ... ] The circumstances of the bloody crime were as follows [ ... ] . The murderers are found to be CARDINAL unemployed young men : PERSON , [ GPE ] and [ ORG ] [ ... ] . The ringleader in the gang was GPE [ ... ] . A decision to create a criminal gang of CARDINAL came DATE . They had no desire of earning by fair means , and were not skilled enough for burglary , hence they chose robbery [ ... ] . They cut the first girl 's throat and dragged the second one to the bathroom to torture her . [ ... ] The perverts took money and then cruelly killed the girl hitting her in turn with knives and scissors . [ ... ] The criminals were found within DATE due to the professionalism of investigators of ORG office . [ ... ] All CARDINAL [ including GPE ] were arrested on DATE . [ ... ] ' What punishment awaits the murderers ? ' , asks the PERSON reporter . ' It is for the court to impose the sanction , although I can only add , as a human , that the capital punishment has not yet been officially abolished [ ... ] ' , PERSON answers . ”", "On DATE the applicant 's counsel challenged before ORG of PERSON the newspaper publication of DATE . In particular , he requested to declare the statement of guilt publicly made by the prosecutor prior to a trial unlawful .", "On DATE the ORG of PERSON held that the claim could not be examined , as the counsel had not been authorised by the applicant to bring any proceedings which fell outside the main criminal proceedings . This decision has not been appealed .", "The relevant provisions of LAW of DATE in force at the material time were reviewed by ORG of GPE in its Ruling No . CARDINAL dated DATE . It abolished the courts ' power to institute criminal proceedings as incompatible with their judicial function , other that for a limited category of private prosecution cases . The relevant part of the ruling reads as follows :", "“ If a court examining a criminal case establishes facts which themselves disclose an appearance of a crime [ committed by a third person ] , it must refrain from stating that there are sufficient grounds to suspect a particular person and from formulating charges , and must refer the relevant materials to the prosecution authorities competent to carry out further checks and to take a decision as to whether there are sufficient grounds to institute criminal proceedings . The latter are obliged to take immediate measures pursuant to the facts and circumstances established by the court . ”", "The Federal Law N CARDINAL - CARDINAL On Appeal against Acts and Omissions Infringing Individual Rights and Freedoms dated DATE , provides for a judicial avenue for claims against public authorities . It states that any act , decision or omission by a state body or official can be challenged before a court if it encroaches on an individual 's rights or freedoms or unlawfully vests an obligation or liability on an individual . In such proceedings the court is entitled to declare the disputed act , decision or omission unlawful , to order the public authority to act in a certain way vis - à - vis the individual , to lift the liability imposed on the individual or to take other measures to restore the infringed right or freedom . If the court finds the disputed act , decision or omission unlawful this gives rise to a civil claim for damages against the ORG .", "The Code on Civil Procedure as in force at the material time contained similar provisions .", "The Civil Code provides for the procedure by which an individual can sue the ORG for damages in civil proceedings .", "According to the applicant , in DATE the Ombudsman of GPE published a country report , which states that in DATE CARDINAL complaints about police misconduct were filed , and that CARDINAL out of them resulted in prosecution of police officers .", "On DATE the PERSON - based ORG against LAW adopted a document entitled “ Preliminary Report on Ill - Treatment during ORG ” . The report presents an account of CARDINAL cases of ill - treatment in GPE recorded by this NGO . The reference period is not defined in the report , but CARDINAL of the reported cases date back to DATE . The report also contains the following figures obtained through a questionnaire answered by CARDINAL advocates of CARDINAL different bar associations of GPE :", "- CARDINAL respondents had come across cases of ill - treatment by police ;", "- CARDINAL did not believe that there existed effective legal remedies against ill - treatment ;", "- CARDINAL believed that such remedies existed ;", "- DATE did not consider it possible to receive compensation for ill - treatment ;", "- CARDINAL considered it possible ;", "- other respondents have never considered to seek redress ;", "- a majority did not believe that emergency medical assistance was readily available in the event of ill - treatment by police .", "On that basis the report concluded that torture of suspects in criminal cases was a “ common practice ”" ]

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[ "The applicant , Mr PERSON , is a NORP national , who was born in DATE and lives in the village of GPE .", "In DATE the applicant bought from the local authorities a house that had been confiscated by the NORP authorities from a third person after the Second World War . In DATE the former owner claimed the house back and in accordance with PERSON no . CARDINAL-XII , the local council recognised his property right over the house . The applicant was evicted from the house .", "At the same time , the local council promised the applicant alternative accommodation , a promise which was not kept .", "In DATE , the applicant brought civil proceedings against the local council demanding compensation instead of the promised house .", "On DATE , the NORP ORG found in favour of the applicant and ordered the local council to pay him CARDINAL Moldovan Lei ( ORG ) ( MONEY ( ORG ) ) .", "ORG appeals were dismissed by a final judgment of ORG of DATE .", "The applicant obtained an enforcement warrant which the bailiff failed to enforce .", "In DATE , the judgment of DATE was quashed following revision proceedings and the proceedings reopened . The reopened proceedings ended with a final judgment of CARDINAL DATE , by which the local council was obliged to provide the applicant with accommodation . That judgment has not been enforced to date .", "It appears from the documents submitted by the parties that the applicant has alternative accommodation in a neighbouring village , where he lives with his family .", "The relevant domestic law is set out in GPE v. GPE , no . CARDINAL , § CARDINAL , ECHR CARDINALIII ( extracts ) ." ]

[ "6", "P1" ]

[ "P1-1" ]

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[ "The applicant was born in DATE and lives in GPE , PERSON .", "On DATE the ORG of LOC convicted the applicant , a school teacher , of cruel treatment of his pupils and sentenced him to DATE and DATE imprisonment , suspended . The applicant and his counsel were present at the hearing . The court heard statements from a number of witnesses and victims and examined a transcript of a meeting of the school disciplinary committee .", "The applicant appealed against the judgment on points of fact .", "On DATE ORG upheld the judgment on appeal . The applicant was not present at the hearing . The appeal court reviewed the applicant 's conviction both on points of law and on points of fact . The prosecutor , who was present at the hearing , submitted that the conviction should stand . The appeal court did not hear any witnesses and there is no evidence that any were summoned .", "On DATE the applicant received a copy of the appeal judgment .", "On DATE , following an application for supervisory review lodged by a deputy prosecutor of GPE on DATE , a judge of ORG decided to institute supervisory review proceedings . The judge stated that in the absence of any evidence that the applicant had been duly notified of the appeal hearing on DATE , the examination of his appeal in his absence had violated his defence rights . The applicant was notified of the decision to institute supervisory review proceedings and sent his written pleadings to the court on DATE .", "On DATE the ORG of ORG , having examined the case under the supervisory review procedure , quashed the appeal judgment of ORG of DATE and remitted the case for a fresh examination on appeal . The ORG noted that among the documents in the case file there was a notification of the appeal hearing dated DATE . The applicant had not appeared at the hearing and , later , in his numerous complaints repeatedly stated that he had never received the notification . The case file contained no conclusive evidence that the applicant had been duly notified of the hearing . The ORG found that in these circumstances the examination of the applicant 's appeal in his absence had violated his defence rights .", "On DATE ORG examined the case on appeal . The applicant was duly notified of the hearing , but did not appear . The appeal court upheld the findings of fact of the NORP ORG . However , it set aside the judgment of DATE and terminated the criminal proceedings against the applicant on account of the expiry of the statutory time - limits .", "Article CARDINAL of the Code of Criminal Procedure of DATE , in force at the material time , provided that appellants should be notified of the date of the hearing on appeal . The failure of appellants who had been duly notified of the relevant date to appear at the hearing did not preclude the court from examining the case . A notice indicating the time of the hearing on appeal should be displayed at the court not DATE before the hearing ." ]

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[ "6" ]

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[ "The applicant was born in DATE and lives in GPE , GPE", "NORP In DATE the applicant lodged with ORG ( FAC ) an application for division of the matrimonial property . Her former husband , PERSON , whom she divorced in DATE , was a party to those proceedings . The matrimonial property consisted , inter alia , of a house in Gdańsk .", "ORG held several hearings . Some of them were adjourned because of the applicant 's former husband 's absence . The court ordered several expert opinions .", "The hearings scheduled for DATE and DATE were adjourned . The applicant failed to appear at these hearings due to the illness and subsequent death of her daughter .", "On DATE the court held a hearing .", "Subsequently , hearings were held on DATE , CARDINAL DATE and CARDINAL DATE . The court heard witnesses and imposed a fine on a witness who failed to appear before the court .", "NORP In DATE the court held CARDINAL hearings at which it heard the parties and witnesses . It further decided that a new expert opinion should be obtained .", "The inspection of the property scheduled for DATE did not take place because the applicant 's former husband had refused to let her and her lawyer enter the property in question .", "On DATE the court ordered another expert report and a courtexpert inspected the property . He submitted his expert opinion to the court on DATE .", "Subsequently , both parties challenged the expert opinion .", "The hearings scheduled for DATE and CARDINAL DATE were adjourned upon the application of the applicant 's former husband . The subsequent hearings scheduled for DATE and DATE were also adjourned since the expert witness had failed to appear before the court .", "The court held a hearing on DATE . It heard an expert witness and ordered that a supplementary opinion be prepared .", "At the hearing held on DATE the applicant 's former husband requested the court to stay the proceedings .", "On DATE the court decided to stay the proceedings since it established that the determination of the case depended on the outcome of another set of proceedings .", "On DATE the applicant applied to resume the proceedings because the reason for staying had ceased to exist as the other set of proceedings had ended with ORG judgment of CARDINAL DATE .", "On DATE the ORG resumed the proceedings .", "On DATE and CARDINAL DATE the court held hearings . Subsequently , the trial court decided to hold a view of the estate and to obtain an additional expert opinion . CARDINAL views of the property scheduled for CARDINAL and DATE did not take place .", "Subsequently , the court held hearings on DATE and DATE . It heard an expert witness and ordered that CARDINAL new experts ' opinions be prepared .", "It appears that the experts refused to prepare their opinions and on DATE the court ordered another expert to prepare an additional opinion .", "On CARDINAL DATE the court held the next hearing .", "Subsequently , hearings were held on DATE and CARDINAL DATE .", "Subsequently , hearings were held on DATE , CARDINAL June and DATE . The trial court decided that an expert opinion should be obtained .", "On DATE the court held a hearing and heard expert witnesses .", "Subsequently , hearings were held on DATE , CARDINAL May , DATE , CARDINAL DATE , DATE , DATE and DATE . Some of the hearings were adjourned .", "On DATE the ORG held a hearing and on DATE it gave judgment .", "On DATE both parties lodged appeals .", "The proceedings are pending ." ]

[ "6" ]

[ "6-1" ]

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[ "The applicant , PERSON , is an NORP national of NORP origin who was born in DATE . He was represented before the ORG by PERSON , a lawyer practising in PERSON . The respondent Government were represented by PERSON , ORG .", "The facts of the case , as submitted by the parties , may be summarised as follows .", "DATE the applicant applied CARDINAL times for a visa to visit his sister in GPE . In connection with these applications his sister stated on CARDINAL occasions that the applicant was “ non - political ” and had no political problems . The applicant was finally granted a visa in DATE and stayed with his sister in GPE for DATE .", "In DATE the applicant was once again granted a visa and came to visit his sister . He arrived in GPE on DATE , holding a valid NORP passport . He applied for asylum on DATE .", "In interviews held on CARDINAL and DATE the applicant stated that , on DATE , the NORP authorities had discovered copies of DATE a DATE political journal written in the NORP language which was forbidden in GPE – in his home and were searching for him . He had forgotten about the copies as a relative had fallen seriously ill at the time when he was about to leave for GPE . As a consequence , the applicant 's wife and children DATE a daughter born in DATE and a son born in DATE had been interrogated . His wife had been detained but later released on bail . The applicant further claimed that he had been , and still was , active in GPE , a political organisation , distributing journals and other documents . Allegedly , his family were well - known supporters of GPE and his brother and brother - in - law had been executed by the NORP authorities due to their political activities . The applicant had been imprisoned in DATE . He had also been dismissed from his job as a teacher . He had thereafter continued with his political activities – being officially active for the organisation as from DATE and had been beaten up on some occasions when he reported to the authorities in compliance with a reporting duty . On several occasions he had also been interrogated and his house had been searched . He claimed to be a NORP and knowledgeable about the ideas of PERSON and PERSON , although he had not read anything by them and was not familiar with their views on religion .", "In a letter to ORG of DATE counsel for the applicant added that the applicant had been tortured and assaulted while he was imprisoned .", "On DATE the applicant 's wife and children left GPE . Upon arrival in GPE , apparently on DATE , they applied for asylum . The wife first stated that her identification papers had been confiscated when the NORP authorities searched the family 's home . Later she admitted that she had first travelled to GPE with a valid visa to visit her sister and that she had destroyed her passport herself . The applicant 's daughter claimed that she had been relegated from school due to the authorities ' allegations against her father .", "On DATE ORG ( Migrationsverket ) rejected the asylum applications and ordered that the family be expelled to GPE . ORG noted that the applicant had received a passport in DATE and had been allowed to leave GPE legally on CARDINAL occasions . It found it improbable that this would have happened if the authorities had suspected him of being politically active against ORG . ORG also found it unlikely that the applicant had left subversive journals in his home and had not remembered them and told relatives to get rid of them while he was in GPE . Further , ORG considered that the applicant 's wife and children would not have been allowed to leave GPE legally if the wife , as claimed , had been interrogated and detained and eventually released on bail . In conclusion , the ORG called into question substantial parts of the information given in the cases and considered that the applicant and his wife had not shown that they were of a particular interest to the NORP authorities or that the family members would be subjected to persecution or discrimination .", "On DATE the applicant and his wife appealed to ORG ( Utlänningsnämnden ) . The applicant submitted that he had obtained a passport by bribing officials with a colour television .", "On DATE ORG dismissed the appeal , as their lawyer had failed to show that she was authorised to lodge the appeal on behalf of the family .", "Later the family lodged a new application with ORG . They claimed that also the wife 's uncle had been executed by the NORP regime . Furthermore , the NORP authorities allegedly suspected that the applicant had joined the armed struggle in the NORP part of GPE . He submitted a certificate from “ GPE abroad ” in which it was stated that he had been an active supporter of GPE and that he had been imprisoned for DATE in DATE because of his activities . The applicant also claimed that the torture to which he had been subjected had injured him physically and mentally for life . He submitted , inter alia , a certificate of DATE issued by PERSON , a qualified psychologist and psychotherapist , who stated that the applicant was suicidal , seriously depressed and showed clear signs of suffering from a post - traumatic stress disorder ( PTSD ) . It was therefore important that he undergo long - term psychotherapy and medical treatment . According to medical records invoked by the applicant before ORG and ORG , the applicant had visited the health care centre in PERSON CARDINAL times DATE and the health care centre in Säffle CARDINAL times DATE for various afflictions . On CARDINAL occasions he had mentioned that he had problems due to previous torture .", "On DATE ORG rejected the new application . It did not find that the new submissions indicated that the applicants were in need of protection in GPE . As regards the applicant 's health , ORG did not find that the medical information showed that he suffered from such a serious physical or mental injury that a residence permit should be granted on humanitarian grounds .", "In DATE a third application for residence permits was made . In a new certificate , dated DATE and submitted to ORG , ORG stated that the applicant 's health had deteriorated , that he and his daughter were seriously suicidal and that also the other family members had mental problems . In support of the application , the applicant also submitted an NORP document , purportedly a summons to appear before the revolutionary court in GPE , his hometown , issued on DATE . Allegedly , it had not been submitted earlier as mail was very often opened in GPE .", "On DATE ORG rejected the third application . It found that the explanation why the court notice had not been handed in earlier was unsatisfactory . As the applicant 's wife and children had not left GPE until DATE they should have been able to bring it with them . It was further unlikely that they had been allowed to leave the country if the authorities ' had had such an interest in the applicant . As regards the statements made by PERSON , ORG , questioning their objectivity , found it remarkable that she had drawn far - reaching medical conclusions about the family members ' health and had assessed the availability of medical treatment in GPE and the family 's need of protection in GPE . In any event , the ORG considered that it had not been shown that any member of the family suffered from such a serious mental disturbance or similar state of health that they could not be considered responsible for their own actions . It was therefore not inhuman to enforce the expulsion decision .", "On DATE the family lodged yet another application for residence permits . In support thereof , they invoked CARDINAL further statements concerning their health , CARDINAL issued on DATE by PERSON , a qualified physician and psychotherapist and specialist in psychiatry , and one issued on DATE by PERSON , a qualified physician . PERSON stated that the applicant and his wife showed clear symptoms of GPE , that the applicant was seriously suicidal and that the children suffered from depression . PERSON , who had only examined the applicant , stated that he met almost all the criteria for a post - traumatic stress syndrome and that there was a serious risk that he would commit suicide in the event of his being expelled to GPE . The applicant further claimed that he had taken part in CARDINAL demonstrations in GPE for an NORP communist party . The second one , which had taken place DATE before the lodging of the latest application , had been shown on NORP television and had attracted the attention of the NORP security police which had interrogated the applicant 's mother in GPE about the applicant and his involvement in the demonstration .", "On DATE ORG decided not to suspend the enforcement of the expulsion order .", "By a decision of DATE , following the ORG 's indication under LAW , ORG stayed the enforcement of the expulsion order .", "The latest application for residence permits is still pending before ORG .", "The applicant has submitted that his mental health has deteriorated since DATE . It appears , however , that he has not undergone the treatment prescribed by Dr Lindqvist in DATE . According to a medical certificate of DATE by PERSON , specialist in general psychiatry , the applicant , while not having suicidal thoughts , had expressed that he would rather die than return to GPE and had shown symptoms of suffering from GPE and depression . Also his children were suffering from mental problems . PERSON stated that the applicant was in need of long - term psychiatric care and started a treatment with antidepressants ." ]

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[ "The first applicant , PERSON , is a GPE national , who was born in DATE and lives in GPE . The second applicant , her son Mr PERSON , is a GPE national , who was born in DATE and lives in GPE . He has cerebral palsy and severe arrested social and intellectual development . He was defined as a “ patient ” within the meaning of LAW DATE and as such lacked the capacity to bring or defend legal proceedings . His application to the ORG was made through the first applicant , who acted as his “ litigation friend ” throughout the domestic proceedings .", "In DATE , PERSON ( the first applicant ’s son and the second applicant ’s CARDINAL - brother ) was arrested on suspicion of murder and detained on remand at ORG , GPE . Following a report by a senior prison officer raising suspicions that Mr O’Neill was involved in the supply and use of drugs within the prison , on DATE the governor ordered , inter alia , that all Mr O’Neill ’s visitors be strip - searched before visits .", "Unaware of the governor ’s orders , on DATE the applicants attended PERSON to visit Mr O’Neill . Until then , neither of them had previously been to a prison . On presentation of their visiting orders , the applicants were requested to join the queue of visitors lined up by a security barrier . As requested , they removed their coats and placed them with their bags on a conveyor belt to be X - rayed . They were then frisked and searched by metal detector . Whilst waiting with other visitors in a corridor to go inside , a number of prison officers approached them and told the applicants to follow them . They were taken across the courtyard from the south gatehouse by CARDINAL prison officers . The second applicant asked his mother what was happening . As they approached the north gatehouse , CARDINAL of the officers stated that they had reason to believe that the applicants were carrying contraband . When the first applicant asked what this meant , she was told that he was referring to drugs .", "At the north gatehouse , the applicants were taken through another security barrier and up some stairs to the first floor . They were informed that they would be strip - searched and that if they refused they would be denied their visit to Mr O’Neill . The second applicant was beginning to be distressed and the first applicant tried to calm him down . They were then taken to separate rooms for the searches .", "The first applicant was taken by CARDINAL female officers into a small room which had windows overlooking the road in front of the prison and the administration block beyond it . It was dark outside and the lights in the room were on . There were lights on in the building , which led the first applicant to believe that people were still working in the administration block . Although there were roller blinds on the windows , they were not pulled down . The first applicant was told to take off her jumper and vest . CARDINAL of the officers searched them whilst the other officer walked around her , examining her naked upper body . She was then instructed to remove her shoes , socks and trousers , which she did . At this point , a third female officer entered the room . This officer asked where the consent forms were , and was told by CARDINAL of the officers where to find them . In answer to a question from the first applicant , the third officer confirmed that the form was for the second applicant . The first applicant explained that it would be no use to him because of his learning difficulties , particularly with reading and understanding , and that someone else needed to be there to explain to him what was happening . The third officer then left and the search of the first applicant continued . By this time she was crying . She was standing naked apart from her underwear . On her request , she was returned her vest and allowed to put it back on . She was told to pull down her underwear which she did and then told to spread her legs . She was then told to take one leg out of her underwear so her legs could be spread wider . She was told to bend forward and her sexual organs and anus were visually examined . The officer inspecting her body then asked the first applicant to pull her vest up again , asking for it to be raised higher and higher until it was above her breasts . The first applicant asked why that was necessary since they had already inspected her top CARDINAL . The officer ignored her and continued walking around her body . She was then told to put her clothes back on .", "By the end of the search , the first applicant was shaking and visibly distressed . She believed that anyone outside the prison looking at the windows in the room where she was being strip - searched could have seen her in a state of undress . She was worried that if she protested too much she would not be allowed in to visit Mr O’Neill . She was also worried about what was happening to the second applicant . Although none of the officers touched her , she felt threatened by their actions and considered that she had no alternative but to comply with their instructions .", "After she had been told to put her clothes back on , CARDINAL of the officers approached the first applicant and asked her to sign the form to consent to a strip - search ( FCARDINAL ) . Attached to the consent form is a summary of the procedure to be carried out . The first applicant told the officers that she might as well sign it as there was by that stage nothing else the officers could do to her and she then did so without reading it .", "The second applicant was taken to a separate room by CARDINAL male officers . At first he refused to go into the room but was told that he would not get to see his brother if he did not agree . Once in the room , CARDINAL of the officers put on a pair of rubber gloves . This frightened the second applicant who feared that there would be a search of his rectum . As requested , he removed the clothes from the upper CARDINAL of his body and they were searched . He was subjected to a finger search , which included poking a finger into his armpits . The prison officers then told the second applicant to remove the clothes from the lower CARDINAL of his body . At first he refused to remove his boxer shorts . He was by this stage crying and shaking . He reluctantly removed his boxer shorts and was told to spread his legs . Because of his physical disability , he had to balance with one hand on the wall to do so . CARDINAL of the prison officers looked all around his naked body , lifted up his penis and pulled back the foreskin . He was then allowed to get dressed .", "After this , CARDINAL prison officer left the room and returned with a consent form . When presented with it , the second applicant explained that he could not read and that he wanted his mother to read it to him . The officers ignored this request and said that if he did not sign the form he would not be allowed in to visit his brother . He signed the form .", "The applicants were led back to the prison to proceed with their visit . During the visit , the first applicant told PERSON O’Neill what had happened . The first applicant went into the toilet where she cried and vomited CARDINAL times . The second applicant felt shaken and nervous and was upset . The applicants did not stay for the full length of their visit .", "Regarding the first applicant , on returning home , she removed her clothes and bathed because she felt upset , angry and dirty . Because of her experience , she did not visit Mr O’Neill for DATE . In DATE , in the context of the civil proceedings , she was examined by PERSON , Professor of Psychiatry . At that time ( DATE after the incident ) , the first applicant stated that she still thought about the strip - search DATE , continued to get upset about it , remained angry about what had happened and had difficulty sleeping . Dr ORG considered that the severe upset that she had experienced in the prison made her existing depression ( for which she was receiving medication at the time of the visit ) worse , but that , apart from recurrent intrusive recollections of her time at the prison and psychological distress at anything that resembled her experience , she did not show other symptoms of post traumatic stress disorder ( PTSD ) . He concluded that , as a result of her aversive experience in the prison , the first applicant would be more vulnerable to future traumatic events and more prone to depressive reaction .", "As for the second applicant , on his return home from the visit , he went to his bedroom crying . For DATE after the incident , he would not see his girlfriend , baby son , friends or anyone else and spent large amounts of his time in his bedroom . He was also examined by Dr ORG in DATE . At this time , he stated that he was still feeling bad about the incident , had difficulty sleeping , and had nightmares about going into the room at the prison and of being strip - searched . He thought about being in prison almost continuously and broke out in a sweat and felt frightened when he recalled the incident . During a subsequent visit , he saw some of the same officers who had strip - searched him and became very frightened . In addition , he became afraid to leave the house alone and therefore stayed at home , only going out with his mother , the first applicant . He lost interest in his previous activities , showed irritability and hypervigilance .", "PERSON concluded that the second applicant was suffering from PTSD ( scoring CARDINAL on the DSM - IV ( ORG and Statistical Manual ) scale , where CARDINAL would indicate presence of PTSD ) and had a depressive illness . He found that both illnesses had been substantially caused by his strip - search experience . He found that the second applicant had experienced the strip - search as a threat to his physical integrity , believing that he was going to experience anal penetration , to which he had responded with fear and a feeling of hopelessness . His symptoms were severely impairing his ability for social functioning . Dr Sims concluded that even after recovery the second applicant would remain vulnerable to further symptoms with lesser provocation than previously .", "NORP In DATE , the second applicant was further examined by Dr Sims . He concluded that he was still suffering from post traumatic stress disorder ( which in fact was more severe , measuring CARDINAL on the ORG scale ) and depressive illness . He predicted some improvement , with appropriate treatment , within DATE .", "On DATE ORG upheld the applicants’ civil claims against ORG , holding that the searches constituted a trespass to the person which could not be justified by Rule CARDINAL § CARDINAL of FAC ( see Relevant domestic law and practice below ) for CARDINAL reasons . Firstly , the trial judge held that the strip - searches were an invasion of their privacy exceeding what was necessary and proportionate to deal with the drug smuggling problem . Although he accepted that there were serious drug problems at the prison at the time of their visit and that there were reasonable grounds for believing that PERSON O’Neill had been obtaining illicit drugs ( he referred to the report by a senior prison officer that his speech had been slurred and mannerisms incoherent ) , he held that the prison officers should not have searched the applicants as it would have been sufficient to have searched PERSON O’Neill after they left . Secondly , the prison authorities had not adhered to their own rules . The judge rejected the applicants’ submission that LAW was relevant , holding that although strip - searches were unpleasant they did not amount to inhuman or degrading treatment . The trial judge accepted the diagnosis of the second applicant as suffering from PTSD , but did not think that his symptoms had lasted as long as the psychiatrist thought , and that the second applicant had substantially recovered from the effects of the strip - search by DATE , when he made a parasuicide attempt . He awarded the first applicant a total of MONEY ( GBP ) ( comprising GBP CARDINAL basic damages and GBP CARDINAL aggravated damages ) and the second applicant a total of GBP CARDINAL ( comprising GBP CARDINAL,CARDINAL basic damages and GBP CARDINAL aggravated damages ) , ORG having conceded battery following the trial judge ’s factual findings .", "On DATE ORG allowed ORG appeal . The court disagreed that trespass to the person could be extended to fit these circumstances and found that no wrongful act ( save for the battery against the second applicant ) had been committed . Lord Chief Justice PERSON noted that there were numerous ways in which drugs could be smuggled into prison and that the most vigorous regime of searching prisoners would not in itself suffice . He found therefore that a search of PERSON O’Neill would have been inadequate . He rejected the ORG arguments that LAW DATE , which did not have retrospective effect , could affect the outcome of the appeal . While agreeing that the LAW had no retrospective effect , Lord Justice PERSON commented that if the events had occurred after the coming into effect of the LAW , the applicants would have had a strong case for relief due to the manner of the search and the public authority ’s lack of regard for DATE . The court set aside the first - instance judgment and substituted an award of a total of ORG CARDINAL to the second applicant for battery .", "On DATE ORG upheld the judgment of ORG and dismissed the ORG appeal . Holding that LAW DATE was not applicable as the events took place before its entry into force on DATE , ORG nevertheless went on to consider whether , if the LAW had been in force , breaches of the LAW could be made out . Lord PERSON , delivering the leading judgment , found that there was no infringement of LAW as the conduct had not been sufficiently humiliating to constitute degrading treatment .", "“ CARDINAL . In the present case , the judge found that the prison officers acted in good faith and that there had been no more than ‘ sloppiness’ in the failures to comply with the rules . The prison officers did not wish to humiliate the claimants ; the evidence of PERSON was that they carried out the search in a matter - of - fact way and were speaking to each other about unrelated matters . The ORG were upset about having to be searched but made no complaint about the manner of the search ; PERSON did not ask for the blind to be drawn over the window or to be allowed to take off her clothes in any particular order and both of them afterwards signed the consent form without reading it but also without protest . The only inexplicable act was the search of PERSON ’s penis , which the prison officers were unable to explain because they could not remember having done it . But this has been fully compensated . ”", "As for Article CARDINAL :", "“ CARDINAL . Article CARDINAL is more difficult . PERSON thought , at [ DATE ] QB CARDINAL , CARDINAL , para . CARDINAL , that the ORG would have had a strong case for relief under section CARDINAL if LAW had been in force . Speaking for myself , I am not so sure . Although LAW guarantees a right of privacy , I do not think that it treats that right as having been invaded and requiring a remedy in damages , irrespective of whether the defendant acted intentionally , negligently or accidentally . It is one thing to wander carelessly into the wrong hotel bedroom and another to hide in the wardrobe to take photographs . Article CARDINAL may justify a monetary remedy for an intentional invasion of privacy by a public authority , even if no damage is suffered other than distress for which damages are not ordinarily recoverable . It does not follow that a merely negligent act should , contrary to general principle , give rise to a claim for damages for distress because it affects privacy rather than some other interest like bodily safety : compare PERSON v Chief Constable of ORG [ DATE ] CARDINAL All ER CARDINAL . ”", "Dealing with the applicants’ submission that , in order for GPE to conform to its international obligations under LAW , ORG should find that there was ( and in theory always had been ) a tort of invasion of privacy under which the searches of the applicants were actionable and damages for emotional distress recoverable , Lord PERSON stated :", "“ CARDINAL . Nor is there anything in the jurisprudence of ORG which suggests that the adoption of some high level principle of privacy is necessary to comply with LAW . ORG is concerned only with whether LANGUAGE law provides an adequate remedy in a specific case in which it considers that there has been an invasion of privacy contrary to LAW and not justifiable under LAW . So in PERSON v GPE CARDINAL EHRR CD CARDINAL it was satisfied that the action for breach of confidence provided an adequate remedy for the PERSON complaint and looked no further into the rest of the armoury of remedies available to the victims of other invasions of privacy . Likewise , in PERSON GPE ( DATE ) CARDINAL ORG CARDINAL the court expressed some impatience , at paragraph CARDINAL , at being given a tour d’horizon of the remedies provided and to be provided by LANGUAGE law to deal with every imaginable kind of invasion of privacy . It was concerned with whether PERSON ( who had been filmed in embarrassing circumstances by a ORG camera ) had an adequate remedy when the film was widely published by the media . It came to the conclusion that he did not .", "Counsel for the ORG relied upon PERSON ’s case as demonstrating the need for a general tort of invasion of privacy . But in my opinion it shows no more than the need , in LANGUAGE law , for a system of control of the use of film from ORG cameras which shows greater sensitivity to the feelings of people who happen to have been caught by the lens . For the reasons so cogently explained by Sir PERSON in ORG [ DATE ] ORG , this is an area which requires a detailed approach which can be achieved only by legislation rather than the broad brush of common law principle .", "Furthermore , the coming into force of LAW DATE weakens the argument for saying that a general tort of invasion of privacy is needed to fill gaps in the existing remedies . Sections CARDINAL and CARDINAL of the LAW are in themselves substantial gap fillers ; if it is indeed the case that a person ’s rights under LAW have been infringed by a public authority , he will have a statutory remedy . The creation of a general tort will , as ORG pointed out in ORG , at [ DATE ] QB CARDINAL , CARDINAL , para . CARDINAL , pre - empt the controversial question of the extent , if any , to which the Convention requires the ORG to provide remedies for invasions of privacy by persons who are not public authorities .", "For these reasons I would reject the invitation to declare that since at DATE there has been a previously unknown tort of invasion of privacy . ”", "Section CARDINAL(CARDINAL ) of the Prison Act DATE allows the Secretary of ORG for ORG to lay down rules relating to the management of prisons .", "“ The Secretary of ORG may make rules for the regulation and management of prisons , remand centres , young offender institutions or secure training centres , and for the classification , treatment , employment , discipline and control of persons required to be detained therein . ”", "Pursuant to this power , the Secretary of ORG has issued ORG . Rule CARDINAL § CARDINAL of the Prison Rules DATE ( consolidated DATE ) , which was in force at the relevant time , provided :", "“ Any person or vehicle entering or leaving a prison may be stopped , examined and searched . ... ”", "The details of the grounds for stopping and searching visitors and the procedure to be followed were set out at the relevant time in a document entitled “ Strategy and Procedures of Searching at FAC ” . This document is not available to the public . The relevant paragraphs ( as cited by ORG at paragraph CARDINAL ) are as follows :", "“ DATE Searches will be conducted in as seemly and sensitive manner as is consistent with discovering anything concealed .", "No person will be strip - searched in the sight of anyone not directly involved in the search .", "A person who refuses to be searched will be denied access to the prison or detained in accordance with s.CARDINAL.CARDINAL.CARDINAL .", "DATE Strip - searching of visitors is not permitted except in the circumstances specified in CARDINAL and then only if police attendance is not possible . In cases where strip - searches of visitors are necessary it is preferable that this is done by the police .", "DATE A visitor who refuses to co - operate with the search procedures will be advised that the failure to comply will result in exclusion from the prison .", "DATE If the duty governor sanctions a strip - search , the visitor should be taken to a room which is completely private and informed of the general nature of the suspected article . ”", "A summary of the procedure to be followed during strip - searches at the prison was set out on the back of the consent forms . The consent form ( FCARDINAL ) provided as follows :", "“ Appendix F : Notice for the information of visitors or other persons entering an establishment", "Strip - search", "Please read carefully", "The governor has directed that , for the reasons explained to you , you should be strip - searched .", "The police have been informed but can not come to deal with the matter . The search will therefore be carried out by prison staff .", "The procedure for the search is explained overleaf .", "Please sign below if the search is taking place with your consent . ”", "Above the line to be signed by the person being searched appeared the following :", "“ I have read this notice ( or it has been read to me ) and I understand it .", "I agree to be strip - searched by prison staff . ”", "The summary of the procedures to be followed appeared overleaf :", "“ Procedures for a strip - search", "Staff and visitors", "CARDINAL officers will be present . No person of the opposite sex will be present .", "You will not be required to be fully undressed at any stage .", "You will be asked to remove clothes from CARDINAL of your body and pass them to an officer so that they may be examined . Your body will then be examined briefly so that the officers can see whether anything is concealed . The clothes will then be returned to you without delay and you will be given time to put them on .", "The procedure will then be repeated for the other CARDINAL of your body .", "The soles of your feet will be checked .", "When your upper body is undressed , you may be required to hold your arms up .", "When your lower body is undressed , you may be required to position yourself in such a way as to enable staff to observe whether anything is hidden in the genital or anal areas . Your body will not be touched during this process .", "If you have long hair , it may be necessary for an officer to search it . It may also be necessary for an officer to check your ears and mouth . You will not be touched otherwise . ”" ]

[ "13", "8" ]

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[ "3" ]

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[ "The applicants are QUANTITY women from northern GPE , born in DATE , DATE , DATE , DATE , DATE and DATE respectively . The first applicant brought the application on her own behalf and on behalf of her deceased son , PERSON . The remaining applicants brought the application on their own behalf and on behalf of their deceased husbands , PERSON , PERSON , PERSON , PERSON and PERSON respectively . The fourth applicant has also brought the application on behalf of her deceased son , PERSON .", "The facts of the case are in dispute between the parties .", "The applicants are shepherdesses who earn their living by shepherding sheep in the valleys and hills surrounding their village of GPE in GPE province near the NORP border . Their deceased relatives were likewise employed .", "On DATE the applicants learned that the NORP army , which had crossed earlier into GPE , was in their area . They saw military activity and witnessed military helicopters transporting soldiers and food in the valley below their village .", "On TIME PERSON , PERSON , PERSON , PERSON , PERSON , PERSON and ORG Izatthe , together with the first , third , fourth and fifth applicants , left the village to take their flocks of sheep to the hills . The second and sixth applicants remained in the village to take care of their children .", "After the party of CARDINAL shepherds ( the first , third , fourth and fifth applicants and PERSON , PERSON , PERSON , PERSON , PERSON , PERSON and PERSON ) had walked for TIME in the direction of GPE , with the QUANTITY women walking in front of the CARDINAL men , they met NORP soldiers . The latter started to shout abuse at the QUANTITY shepherds , hitting them with their rifle butts , kicking them and slapping them on the face . They separated the women from the men . They told the women to return to the village and then took the men away . The CARDINAL applicants returned to the village and told the other villagers what had happened .", "In the meantime , the second and sixth applicants had begun to worry about their husbands . They had heard gunfire and had been told by a fellow villager that the NORP army was nearby and that the shooting had come from the direction of a cave situated outside the village in the direction of GPE . The villager thought that NORP soldiers had been firing inside the cave . As a result , the second and sixth applicants together with CARDINAL other identified women decided to go to look for their men in the direction of the cave . This occurred before the first , third , fourth and fifth applicants had returned to the village . When the second and sixth applicants and the CARDINAL other women reached the NORP soldiers they saw the shepherds with them . The soldiers fired in their direction . The women left and went down into the valley . There they met another group of soldiers and requested permission to talk to the men . The soldiers pointed their guns at them and the women left .", "Instead of going to the village , the CARDINAL women tried to hide in the valley but were spotted by the soldiers who threatened to kill them . Eventually the women reached the cave , but the men were not there . They saw a military helicopter land . They asked the soldiers for permission to see their men but the soldiers refused . The QUANTITY women continued their search until TIME with no success . They returned to the village and told their fellow villagers about what had happened .", "Some of the village men , accompanied by members of ORG ( “ the ORG ” ) , went to ORG , a nearby town where a bigger NORP military unit was based . This unit was responsible for overseeing the military operation in the area . The village men asked the officer in charge to release the shepherds and to allow them to fetch their sheep from the hills . The officer claimed at first that he did not know anything about the shepherds . He subsequently promised the representatives of the ORG that the shepherds would be released . As this did not happen , the ORG representatives made several additional attempts to obtain information . The officer said that if the shepherds had been detained , they would be released . He eventually gave permission for the men to fetch the sheep . He denied that the shepherds had been detained , but warned the men not to look for them . When the men asked why not , the officer became angry and did not reply . When the men went to fetch the sheep , they looked for the shepherds but could not find them .", "On DATE the NORP army withdrew from the area around the village and the village men set off in the direction of GPE to look for the CARDINAL shepherds who had gone missing . In an area close to where the CARDINAL shepherds had last been seen with the NORP soldiers they found the bodies of PERSON , PERSON , PERSON , ORG Izat and PERSON . The bodies had several bullet wounds and had been badly mutilated - ears , tongues and genitals were missing . The bodies were taken to the main road and from there to GPE hospital in GPE where autopsies were conducted .", "On DATE the ORG held a press conference in GPE . PERSON , the KDP Chief for the LOC region , stated that , upon receiving information that several shepherds had been arrested by NORP soldiers , he had visited the NORP army commander in NORP and had asked for their release . He had handed him a list of names . The commander had told him that he would take action . The commander had radioed his troops and had told GPE that the men and sheep would be released . ORG had returned to his office . Having received no news , he had returned to the commander who had promised that the shepherds would be released after the military operation . SN made CARDINAL or CARDINAL representations to the commander during DATE . The NORP army having withdrawn during the night , SN returned to the commander the following morning . On that occasion the commander denied that the shepherds had been arrested . He told GPE that they might have been killed . At the press conference SN exhibited the list he had given to the NORP commander containing the names of the QUANTITY shepherds . The CARDINAL applicants were also present at the conference and answered questions .", "On DATE the bodies of PERSON and PERSON were also found in a state similar to that of the bodies of the other CARDINAL shepherds .", "On DATE the husband of the first applicant was killed in a separate incident . The CARDINAL brothers of the husband of the fifth applicant were also killed in a separate incident . These incidents do not form part of the present application .", "On DATE the CARDINAL applicants and other witnesses were interviewed by PERSON and PERSON in the presence of the muhtar of the NORP area of GPE .", "The CARDINAL applicants have since filed several petitions with the authorities of the region requesting that an investigation be conducted into the deaths of their relatives . They applied to the Governor of GPE and gave statements . The Governor said that the deaths would be investigated . However , the applicants have not been informed of any follow - up to the Governor 's undertaking .", "The respondent Government confirm that a NORP military operation took place in northern GPE DATE and DATE . The NORP forces advanced to LOC . The records of the armed forces do not show the presence of any NORP soldiers in the area indicated by the applicants , the GPE village being QUANTITY south of the operation zone . There is no record of a complaint having been made to any of the officers of the units operating in the GPE region .", "Following the events , the applicants ' statements were taken on DATE by Dr PERSON and PERSON in the GPE village of GPE in the governorate of GPE ( GPE ) close to the NORP border .", "The applicant was the mother of PERSON , who was allegedly killed under torture by members of the NORP army on DATE , and the wife of PERSON who was also allegedly killed by members of the NORP army in a separate incident on DATE . The applicant claimed the following in relation to the alleged incidents :", "“ I and the rest of the villagers heard that the NORP army was in the area the day before my son was killed . We had seen many military helicopters dropping soldiers and food in the valley near our village .", "In TIME of DATE , I prepared food for my shepherd son as usual . We decided to go out to herd sheep . We thought the NORP army would not harm us . We ( QUANTITY shepherds and QUANTITY women ) left the village and walked towards the LOC area . The women were walking in front of the men . Then we met many NORP soldiers who immediately arrested us and began to hit us . They slapped us around the face , kicked us and were very angry and rude . Then they separated us and asked the women to go back to the village . We saw the soldiers take the QUANTITY shepherds towards the cave . We went back to the village and told the rest of the village about what had happened .", "Some of the men from the village went and asked one of the NORP army officers to let them retrieve the flocks of sheep from the valley , but he refused and denied having arrested our men . Then some men went to ORG and asked for the NORP army officer in charge and requested him to release the shepherds and to let them recover their flocks of sheep . The men went CARDINAL times that day to get information about the men . The NORP army officer said that if the men were arrested they would be released . He gave permission for the men to bring back the flocks of sheep , but denied knowing anything about our shepherds and warned the men not to go and look for our shepherds . When they asked why they should not go looking for our shepherds , the officer got angry and did not answer .", "Once again , some villagers went to the valley to look for our shepherds . They found our flocks of sheep in the early afternoon but still did not know what had happened to our shepherds . We also informed the party ( ORG ) . They said that they met with the NORP military officers on many occasions but this did not change our men 's fate .", "DATE , after the NORP army withdrew from our area , the men went to the surrounding area to look for our shepherds . They found my son and QUANTITY other shepherds DATE . Their bodies were brought back to the main road and from there their bodies were taken to the hospital in GPE for medical examination . The other CARDINAL bodies were found DATE .", "The witness replied to the following questions :", "Q : Where do you come from originally ?", "A : We are originally from the village of GPE and have been living in GPE collective village ever since being moved here under PERSON 's regime .", "Q : How far is the place where they killed your son ?", "A : TIME walk from our village .", "Q : How old was your son ?", "A : He was DATE .", "Q : Who were the other CARDINAL women who were with you that day ?", "A : PERSON , PERSON and PERSON .", "Q : Can they give us testimonies ?", "A : Yes .", "Q : How far from here is the place where they killed your son ?", "A : TIME walk .", "Q : Who do you think killed your son ?", "A : The NORP .", "Q : How do you know that it was the NORP who killed your son ?", "A : I know it was the NORP . My son was innocent like the other shepherds and the NORP killed them . I saw the NORP soldiers take away my son and the rest of the shepherds .", "Q : Why would the NORP army kill your son ?", "A : I do n't know . He did not do anything wrong . He was innocent . They killed an innocent man . They ( the NORP ) want to kill NORP .", "Q : Was your son armed ?", "A : No , apart from a lighter he did not have anything on him .", "Q : Do you have any witnesses that the NORP army killed your son ?", "A : Yes . We were CARDINAL women who saw the NORP army take away our men . You can also ask the Party ( KDP ) because they talked to the NORP army officers .", "Q : How did they kill your son ?", "A : They cut him to pieces . His ears were cut off , they took his tongue out of his mouth . I can not describe it to you . They have not left anything . They have chained him and dragged him . His body was full of bullets , his genitals were cut .", "Q : Have you submitted a petition anywhere in relation to the NORP army ?", "A : Yes .", "Q : Where ?", "A : In GPE , GPE , and I and the others have spoken to many foreign groups .", "Q : Is there an investigation into the killings ?", "A : No , they [ Dohok Governor ] keep telling us that they will investigate . Each CARDINAL takes statements from us and they say God will help you .", "Q : Have you been given autopsy reports on your son and husband ?", "A : No , I have n't . I will try to get one for you .", "Q : Do you have anything more to add to your statement ?", "A : I would not be able to tell you everything that happened because my heart is burning . I know my son and husband were innocent and did not have any problem with anybody . The NORP left me with my children and I do not know how I will live . Please help to find out the truth . ”", "The applicant was the wife of PERSON , a shepherd who was allegedly killed by members of the NORP army . In her statement the applicant alleged the following :", "“ It was TIME , on DATE , and I was at home when I heard the sound of gunshots in the distance . We had heard that the NORP army was in the area and our shepherds were out with the sheep , so I was concerned . I went out to find out what was happening . Some other people were outside and a man was telling them that the NORP army was near our village and that the shooting was coming from the direction of the cave . That is in the direction of GPE , not far from the village . The man said that it seemed to him that the NORP troops were firing inside the cave .", "We talked about what to do and we thought that we would go to find the shepherds . I and the other women went out to look for the men . We thought that we would not be harmed if it was only women who went to look .", "When we saw the soldiers from a distance , our men were with them . The soldiers saw us and they began to fire at us to frighten us . We went away from them and watched what was happening . We saw our shepherds with the NORP soldiers but we could not do anything . We saw some more soldiers down in the valley and we went over to them to ask them to let us go to the shepherds . We begged them , but they pointed guns at us so we went away from them .", "We spent some time searching for the men and checked the cave , but there was no one there . We were still looking for the shepherds when we saw a NORP army helicopter land nearby . We went to another group of NORP soldiers and asked them to let us see the shepherds but they did n't let us . We searched for a long time but we could not find the shepherds . Then we went back to the village to tell the men of the village about what had happened . They went to the ORG ( ORG Officials ) to get help and some men went to the NORP officers in the area to have the men released . The men , headed by the local ORG chief , went to the NORP officer in charge at PERSON to ask him to let the men go and to let the sheep be brought back but he said he did not know anything . We had seen our shepherds with the NORP soldiers and so we were frightened for the safety of the shepherds .", "DATE some people went out again to search for the men . They found the CARDINAL bodies near the cave . My husband 's body was among them . The bodies were brought to the main road so they could be taken to GPE hospital in GPE . The village people kept looking for the other CARDINAL missing shepherds . DATE they found their bodies . ”", "The applicant was the wife of PERSON , one of the shepherds allegedly killed by members of the NORP army . She stated :", "“ TIME , DATE , I set out with my husband and the other shepherds and women to tend to the sheep . There were CARDINAL shepherds and QUANTITY women including myself . We had not gone very far from the village when we met the NORP soldiers . There was a large number of soldiers and they surrounded us . They started to attack us and hit us with their rifle butts and shouted abuse at us . They hit the women as well as the men . After some time they told the women to go back to the village . The men were still with the soldiers when we left . At this time there were QUANTITY shepherds with the soldiers .", "We went back to the village and told the men of the village what had happened .", "The men of the village set out to go to the NORP army officers to ask them to let the shepherds go as they were not doing any wrong . The men made many representations to the army officials throughout the day and they went to PERSON to make further representations . They said that they were told to return to the village and warned not to look for the men . The men went out to look for the shepherds and found the flocks of sheep but there was no trace of the shepherds . The following day the village men once again went off to look for the shepherds . They found the bodies of CARDINAL of them . DATE the bodies of the other CARDINAL were found .", "I saw the body of my husband . He had been killed by many bullets . The body was taken to the hospital .", "I want you to take the necessary action against the soldiers for what they have done to my husband . ”", "The applicant was the mother of ORG Izat and the wife of PERSON ( PERSON ) , who was allegedly killed under torture by members of the NORP army between the QUANTITY and DATE . She claimed the following :", "“ From our village we could see the army down in the valley on DATE before the incident in which my husband was killed .", "On TIME CARDINAL DATE I went with my husband and son to herd sheep . We met with the other women and men and set off in the direction of GPE . We went with the men because the men thought that if we were with them there would not be any trouble . We walked ahead of the men . There were CARDINAL men and QUANTITY women in the group . The NORP soldiers stopped us . They hit us and beat us with their rifle butts and humiliated us . I was frightened for my life . The soldiers told us to go back and they took our shepherds away with them . We ran back to the village and told the men in the village what had happened .", "We went back to the valley and spent the rest of DATE looking for our shepherds . Some men went to the NORP soldiers to ask them to let our shepherds go . Then some men went to ORG and asked a high - ranking NORP army officer to release our shepherds and to let us bring the sheep back . The men went many times that day to get information about our shepherds . Party ( ORG ) representatives also went to the NORP army officers many times , but nothing happened .", "DATE the bodies of my husband and son were found with terrible things done to them . They were found in the cave . The bodies of CARDINAL other shepherds were found with them . The other CARDINAL shepherds ' bodies were found DATE .", "It was a terrible thing that was done to our shepherds . My husband and son did not do anything wrong . I do not know why they did this to him and the others . Please help us . We have nothing left . ”", "The applicant was the wife of PERSON , who was allegedly killed under torture by the NORP army between QUANTITY and DATE . She stated :", "“ DATE of the incident I got ready to go out to herd sheep with my husband and the other shepherds . We had heard that the NORP army was in the area but we did not feel in danger . We went to do our work . I was going with my husband to the hills to herd the sheep . We all went together . I walked with the other women . We were walking along when the soldiers appeared in front of us . They came all around us and attacked us with their rifle butts and beat us .", "They were shouting at us all the time they were beating us . Then we were told to go back to the village and the men were still with the soldiers . We saw the soldiers take our men towards the cave . There were CARDINAL men . We were QUANTITY women . We went back to the village and told the rest of the villagers about what had happened .", "I know that some of the men went and asked one of the NORP army officers to let them bring the flocks of sheep back from the valley and petitioned the officer to release the men . Later that day the men also went to ORG to the larger military base and asked the officer in charge to let our men go and to return the flocks of sheep , but they did not get any information about our men . The men were warned not to go looking for the shepherds .", "The body of my husband was found DATE . His body was in pieces . He had been shot many times . I do n't know why the NORP did this to him . He was an innocent man and we were on our way to herd our sheep . The NORP killed my husband and they also killed his CARDINAL brothers [ in a separate incident ] . We had no trouble with the army and there was no reason to kill our men .", "The body of my husband was brought to the hospital in GPE for medical examination . The NORP are gone now , but I am left with my children with no father . I do not know who to petition about the terrible things that have happened to us . ”", "The applicant was the wife of PERSON , CARDINAL of the shepherds allegedly killed by members of the NORP army . The applicant claimed the following in her statements :", "“ It was TIME of DATE and I woke up to prepare breakfast for my children . While I was preparing breakfast I heard the sound of gunfire . I was startled and went out of the house . I saw our villager and asked him what had happened .", "He told me that the NORP army was near our village , and that the shooting came from the direction of the cave . The only cave near the village is in the direction of GPE . He told me that it seemed to him that the NORP troops were firing inside the cave . After a while I and QUANTITY other women , PERSON , PERSON , GPE , PERSON , left the village to go in the direction of the gunfire . We were very concerned about our husbands and sons who were grazing our animals in the mountains .", "Then we saw the shepherds with the NORP soldiers . We went towards them and when we were still far away from them the NORP troops suddenly fired on us without any warning . Probably they wanted to frighten us , so that we would not approach them . We saw our shepherds being taken away by the soldiers . We went further down in the valley and met some other NORP soldiers . We begged them to release our shepherds and to let us talk to them . They told us that they would kill us if we did not go back to the village . Despite many pleas and much begging they forced us to go back to the village .", "We had to leave the soldiers and we went and hid ourselves in a place in the valley in order to be able to see what the soldiers were going to do next . CARDINAL soldiers saw us and came over to us and threatened us to go back to our village or we would be killed . They were very angry when they saw us and told us “ We do n't want to see you around again . Go back to your home , otherwise we will kill you . ”", "We left our hiding place and went to the cave to look for the shepherds . Our men were not there . Then we saw a NORP army helicopter land nearby . For the third time we tried to see our husbands and sons , so we went to the NORP soldiers and asked them to let us see the shepherds , but they did n't let us . When we did n't see them in the cave we thought that they might have taken them somewhere else . We spent until TIME in the area trying to find them . Then we decided to go back to the village . The village men came towards us when we were near the village and wanted to find out what had happened . We told them that the NORP troops took the men , but we do n't know what happened after that . The village men went to ORG with the representatives of the party , [ ORG ] ORG and met the military commander there . They told him the story and asked him to release our shepherds . The NORP army commander first told him that he did n't know anything about the arrest of the shepherds . Later on , the Commander told the ORG people that they will soon release the shepherds , but this never happened . We were left confused and not knowing what to do . They went back to ORG and once again asked the NORP troops to let them see the shepherds , but they did not get any further news about our men . I ca n't remember everything the NORP commander told the party men , but you can ask the party , they will tell you everything .", "DATE , the village people went to the valley once again to look for them and they found the dead bodies of CARDINAL of them . They brought their bodies to the main road . Afterwards the village men took the bodies to GPE hospital in GPE . The village people kept looking for the CARDINAL other missing shepherds . DATE they found their bodies . CARDINAL of them was my husband 's . They took their bodies to GPE hospital in GPE .", "The following questions were asked .", "Q : How many soldiers were there ?", "A : A lot , but I do n't know how many , but the soldiers were everywhere .", "Q : How do you know that the soldiers were NORP ?", "A : Because they were speaking NORP and it was the NORP army which was around at the time . The NORP had been in the surrounding area over DATE . They were all over the place . We do not have any other army here . The NORP army left some time ago and their uniform was different from the NORP army uniform .", "Q : You say you saw a NORP helicopter landing nearby . How do you know it was a NORP army helicopter and what happened ?", "A : I told you , we have n't seen any other army in the area for sometime . The other alternative is the NORP army . But you see , we have n't seen the NORP army recently and we know what they look like . The soldiers were not NORP soldiers . They left some time ago . The helicopters dropped the soldiers and food in the valley .", "Q : You say the NORP army threatened to kill you if you did n't leave the place ? How ?", "A : By pointing their guns at us and using bad words and shouting at us . We were asked to leave the place and this kind of thing .", "Q : Did you see your husband 's body ? Can you describe his body ?", "A : I saw it for a short time . I saw that his ears were cut [ crying ] I ca n't describe to you , those who committed this crime can not be human beings and I ca n't understand why they did n't just shoot him with a gun . Why did they kill him in this way ? How can they cut the body of my husband like this ? They are not human .", "Q : Was your husband armed ?", "A : No , he has never carried a gun in his life .", "Q : Had your husband any connection with the ORG ?", "A : No . We have never seen the ORG . We have never seen their peshmargas . We never had trouble with them .", "Q : So why did the NORP troops kill your husband ?", "A : I do not know . Because we are NORP , maybe they do not like us . They kill us because we are defenceless and there is no one to defend us against them . ”", "Mr Nerwayi claimed the following during the press conference :", "“ I was in ORG town when reports came to me that the NORP army had attacked the LOC and the NORP area at TIME", "Past experience with the NORP army has taught us that , wherever they go , they assault poor people . As an example , before the current incident QUANTITY of our citizens were on their way back to LOC village . The NORP soldiers arrested them . After assaulting and beating them , killing one and wounding the other . I reported this incident to the NORP army commander and asked him to keep us informed about their operations , so that we can ask the villagers to leave their villages before the operations to avoid civilian casualties .", "I heard about the NORP army operation in LOC , and I went early in the morning to the NORP army commander in NORP . I told him that I received information about the arrest of several shepherds by the NORP army . I officially gave him this list ( showing a list of names of the deceased ) of the shepherds reported to have been arrested by the NORP army . I told him that the people who had been arrested were shepherds and were known to us . I said that they were out herding their sheep and I asked the commander to send orders to release them as they were innocent people minding their own business .", "He told me he would take action . Indeed , he radioed his troops , and then told me that he ordered them to release the men and the sheep . I went back to my office in NORP . During DATE , as I had not heard any news of the shepherds , I made CARDINAL or CARDINAL representations to the NORP army commander , asking him to release the men as soon as possible . Each time , he promised that he would order his soldiers to release them and made excuses for not releasing them . He told me after the military operation he would let the men go . The NORP army withdrew ( from the LOC ) during TIME , and TIME I went back to the NORP army commander .", "At that time , he denied having arrested the men . He said go and look for them : they might have been killed . We told the shepherds ' relatives , who went to the area once again and found the shepherds ' bodies .", "I am giving this account so that you know that we made representations to the NORP army and asked the NORP army to release the shepherds , but they did not . I hope that you publicise the incident so that who killed these men is known . I hope that you will do something both to prevent future atrocities by NORP army and end the oppression they bring upon us . ”", "A post - mortem examination was performed by Dr PERSON , a specialist surgeon , at ORG of the Iraqi Ministry of Justice , on the bodies of PERSON , PERSON , PERSON , Abdulkader PERSON , PERSON , PERSON and PERSON .", "Dr Abdula Salih diagnosed the cause of death as brain damage due to gunshot wounds . He noted the presence of gunshot wounds , cutting and other wounds on the bodies of the deceased .", "This video recording , compiled from various NORP TV stations , contains pictures of NORP army presence in northern GPE DATE and DATE . It further comprises interviews and news reports about the operations conducted by the NORP army in northern GPE .", "On DATE ORG held a press conference attended by of the representatives of international human rights organisations and agencies , representatives of ORG ( “ KDP ” ) and of the local assembly in northern GPE as well as by the relatives of the deceased persons . The ORG spokesperson stated that the purpose of the press conference was to give information about the NORP army 's encroachment on northern GPE since DATE .", "It was alleged that NORP armed forces were in control of the Sersing , PERSON and GPE . As a result of the military campaign launched by the NORP army at the relevant time , allegedly QUANTITY persons had died , QUANTITY persons had been wounded , CARDINAL houses had been burned and the inhabitants of CARDINAL villages had left their homes for reasons of insecurity .", "The ORG spokesperson alleged that on DATE TIME persons had been arrested by members of the NORP troops . These persons were PERSON , PERSON , PERSON , GPE , ORG , PERSON , PERSON , PERSON , PERSON , PERSON and PERSON . The latter QUANTITY persons , all women , were released and informed their relatives in their village . The villagers informed a ORG officer in charge of the Amadia region , PERSON , about the arrest and detention of CARDINAL men by the NORP army . Mr Shookri went to speak to the leader of the NORP troops and asked him to release these men . He also submitted a petition containing the names of the persons under arrest . The leader of the NORP troops promised that they would be released . However , following the withdrawal of the NORP army troops , the villagers found the corpses of QUANTITY of the CARDINAL men . Their bodies had been mutilated and some of them had been decapitated . At the end of the press conference , Mr Shookri took the floor and stated that the leader of the NORP troops had denied that they had killed these men . On DATE CARDINAL men were still missing .", "The ORG spokesperson stated that they had condemned the acts of the NORP army in the region and called on them to withdraw . He noted that they would seek compensation from ORG for the crimes committed by the NORP army .", "The ORG spokesperson also called on the ORG to withdraw from northern GPE . He remarked that the inhabitants were unable to construct houses and set up new villages along the NORP border on account of ORG activity over DATE . He underlined in this connection the difficulties in controlling the QUANTITY of border .", "At the end of the press conference , the mutilated bodies of the deceased persons and bullets removed from them were shown .", "In his written statements PERSON claimed that the NORP army had carried out cross - border operations , called “ hot pursuit actions ” , against ORG militants in DATE , DATE , DATE before the Gulf war and on DATE , CARDINAL DATE , CARDINAL DATE and CARDINAL DATE after the Gulf war . He alleged that these operations were aimed at preventing the incursion of ORG militants into GPE and from dissuading the NORP groups from setting up a NORP state in northern GPE . He noted , with reference to the statements made by the former head of ORG , General PERSON , in DATE that NORP troops were positioned in the vicinity of a small airport in the NORP area of northern GPE .", "In his report dated DATE , PERSON noted that since DATE CARDINAL villages had been subjected to intermittent attacks from artillery fire from the hills on the NORP border or from helicopters and aircraft . The artillery fire discharged by the NORP army caused damage to buildings and killed one person and wounded QUANTITY others . In his opinion , the reason for these attacks was to create a buffer zone south of the border and to cut off the logistic support given to the ORG by the villagers in the region .", "The NORP security forces carried out QUANTITY major cross - border operations DATE and DATE . The largest operation , called “ Çelik ( steel ) operation ” and carried out with the participation of CARDINAL troops accompanied by tanks , armoured vehicles , aircraft and helicopters , lasted DATE between DATE and CARDINAL DATE . The NORP troops penetrated QUANTITY southwards into GPE and QUANTITY to the east .", "The Government submitted a document , furnished by ORG ( “ KDP ” ) , one of the CARDINAL main NORP factions in northern GPE , which stated :", "“ At the time of the incident Mr PERSON was a co - ordinator with the NORP military and no accusations were made against the army since no investigation was conducted yet in order to come to any such conclusions . The families of the killed individuals , being NORP citizens , approached the LAW and local authorities to report the incident , which is a natural thing to do .", "The ORG was active in the PERSON ( GPE ) region at the time of the incident and many confrontations were reported between ORG peshmergas and the ORG . ”", "A DATE newspaper , “ PERSON ” , reported in its edition of CARDINAL October CARDINAL that CARDINAL of the NORP leaders , Mr PERSON Barzani , had stated during his visit to GPE that ORG had paid compensation to the relatives of CARDINAL persons who had lost their lives during an aerial campaign of the NORP army in northern GPE on DATE . PERSON said that a serious investigation had been carried out into the incident . He further noted that the attack had not been deliberate and that the families had received the compensation awarded to them . According to sources close to Mr PERSON , the payment , which was unprecedented , was made in cash .", "After having viewed video footage showing the bodies of a number of NORP peasants ( see paragraph CARDINAL above ) , PERSON observed the following :", "“ ... All the bodies show a number of gunshot wounds . The cameraman tends to concentrate on the larger wounds , but smaller circular wounds are also shown . The wounds all appear to be caused by high velocity bullets . A typical gun that would fire such bullets would be a MONEY or PERSON rifle . The larger wounds on the bodies are exit wounds of bullets , the wounds being made larger in some cases probably by bone fragments exiting the body . The smaller wounds are the entrance wounds of the bullets .", "It is not possible to determine the range at which these people were shot at from this vdeo . Some of the wounds are near the genitalia , but these all appear to be bullet wounds , and there is no evidence of any other weapon being used , or of deliberate genital mutilation .", "The video also shows bullet shells with the marking “ ORG ” . ORG is the mark of the manufacturer ORG of GPE , GPE , GPE .", "Overall the bodies all show multiple gunshot wounds in keeping with bullets fired from high velocity rifles . ”", "The Criminal Code makes it a criminal offence", "( a ) to deprive an individual unlawfully of his or her liberty ( LAW generally , LAW servants ) ;", "( b ) to subject an individual to torture or ill - treatment ( Articles CARDINAL and CARDINAL ) ;", "( c ) to commit unintentional homicide ( Articles CARDINAL and CARDINAL ) , intentional homicide ( Article CARDINAL ) or murder ( Article CARDINAL ) ;", "If the suspected authors of these criminal acts are military personnel , they may also be prosecuted for the above - mentioned crimes . Proceedings in these circumstances may be initiated by the persons concerned ( nonmilitary ) before the competent authority under LAW or before the suspected persons ' hierarchical superior ( sections CARDINAL and CARDINAL of Law no . CARDINAL on the LAW and Procedure of Military Courts ) .", "A description of relevant international legal materials can be found in PERSON and Others v. GPE and CARDINAL other GPE ( dec . ) [ ORG ] , application no . CARDINAL , § § DATE , ORG CARDINAL-XII ." ]

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[ "The applicants are NORP nationals .", "They are all serving sentences in NORP high - security prisons , where the authorities refused to dispatch their letters written in a language other than NORP . They all brought proceedings before the competent domestic courts to oblige the prison authorities to dispatch their letters , but to no avail .", "At the time they lodged their applications , the applicants were serving their sentences in the F - type prison in DATE or the Bolu prison highsecurity prison .", "On DATE ORG at the applicant ’s prison proceeded , in accordance with section QUANTITY of Law no . DATE on the execution of sentences and preventive measures ( “ Law no . CARDINAL ” ) , to check a letter the applicant had written to another prisoner in NORP . After reminding him that letters should in principle be written in NORP , they informed him that they could not have the letter translated , for lack of staff , so they were unable to ascertain , as required under LAW on prison management and the execution of sentences ( “ the LAW ” ) , whether the content of the letter was “ inoffensive ” . They therefore decided to return the letter to the applicant .", "On DATE , on the basis of the case file , the Bolu enforcements judge dismissed the applicant ’s appeal against that decision .", "On DATE ORG , also dismissed an appeal lodged by the applicant against that decision .", "On DATE and DATE ORG decided to keep CARDINAL letter written by each of the applicants in NORP . Arguing that the prison had neither the staff nor the money to have them translated , they explained that the letters could be sent once they had been translated , at the applicants’ expense , by a sworn translator and their content had been found to be inoffensive .", "On DATE , based on the case file , the NORP enforcements judge dismissed an appeal lodged by the applicants . That decision was reached after the judge examined the public prosecutor ’s submissions , according to which “ it [ was ] necessary to have the correspondence DATE which was written in a language other than the official language – translated in order to have it verified in accordance with section QUANTITY of Law no . DATE ; there [ were ] no legal provisions requiring the prison to cover the cost of the translation ; as the interested parties themselves had not paid for a translation , there [ was ] nothing unlawful about the impugned decisions ” .", "On DATE and DATE , based on the case file , ORG dismissed an appeal lodged by the applicant against that decision , having found no legal or procedural defect .", "On DATE ORG decided , pursuant to section CARDINAL § CARDINAL of Law no . CARDINAL and LAW , to seize a letter the applicant had written to his mother in NORP . They explained that they had been unable to decipher the content of the letter because the prison staff did not understand NORP .", "On DATE , based on the case file , the enforcements judge dismissed an appeal lodged by the applicant . That decision was reached after the judge examined the public prosecutor ’s submissions , according to which “ it [ was ] necessary to have the correspondence DATE which was written in a language other than the official language – translated in order to have it verified in accordance with section QUANTITY of Law no . DATE ; the prison [ had ] no budget for translation costs . As the interested party had not paid for a translation himself , there [ was ] nothing wrong with the impugned decision ” .", "On DATE , based on the case file , ORG dismissed an appeal lodged by the applicant against that decision , having found no legal or procedural defect .", "On DATE , ORG decided not to send a letter the applicant had written to his mother in NORP , because they were unable to have it translated and thus to understand its content and determine whether it was “ inoffensive ” .", "On DATE they reached a similar decision concerning a letter written by the applicant to his sister in NORP .", "On DATE and DATE respectively , on the basis of the case file , the Bolu enforcements judge dismissed the applicant ’s appeal against those decisions not to send his letters , considering that the ORG ’s decisions were fully in keeping with section CARDINAL § CARDINAL of Law no . CARDINAL and Rule CARDINAL § CARDINAL of FAC , as it had not been possible to determine whether the content of the letters matched any of the criteria set forth in section CARDINAL § CARDINAL of Law no . DATE .", "On DATE and DATE respectively , basing itself on the case file , ORG rejected the applicant ’s complaint against these decisions , noting that the refusal to dispatch the letters had been based not on the fact that they were written in NORP but on the fact that their content was incomprehensible and therefore impossible to verify having regard in particular to the imperatives of order and security .", "On DATE ORG decided to seize a letter the applicant had written in NORP , in conformity with section QUANTITY of Law no . DATE and rule CARDINAL § CARDINAL of ORG , on the grounds that they had been unable to decipher the content of the letter because the prison staff did not understand NORP .", "On DATE , based on the case file , the enforcements judge rejected the applicant ’s appeal . That decision was reached after the judge examined the public prosecutor ’s submissions , according to which “ it [ was ] necessary to have correspondence which was written in a language other than the official language translated , in order to have it checked in accordance with section QUANTITY of Law no . DATE . The prison [ had ] no budget for translation costs . As the interested party had not paid for a translation himself , there [ was ] nothing wrong with the impugned decision . ”", "On DATE , based on the case file , ORG dismissed an appeal by the applicant against that decision , finding that there had been no procedural defect or error of law .", "On DATE , relying on Rules CARDINAL , CARDINAL and CARDINAL of ORG , ORG decided not to send a letter the applicant had written in NORP . They explained that the prison had no staff to translate the letter and took note of the prisoner ’s refusal to cover the cost of translation himself .", "On DATE , based on the case file , the PERSON enforcements judge found that the ORG ’s decision was in conformity with prison Rules CARDINAL , CARDINAL and CARDINAL .", "On DATE , on the basis of the case file , ORG rejected an appeal lodged by the applicant .", "On DATE , ORG decided to refuse to send a letter the applicant had written to his father in NORP , on the grounds that they could not understand its content and determine , as required by LAW , whether it was “ inoffensive ” . After pointing out that correspondence should , in principle be written in GPE , they explained that they did not have any staff to translate the letter .", "On DATE , noting that the letter in question contained characters which were not in the NORP alphabet , the Bolu enforcements judge dismissed the applicant ’s appeal , pointing out that while the right to correspondence was guaranteed , it was not unlimited , and that in this particular case it was not possible to ascertain whether the content of the letter fell within the scope of the restrictions set forth in section QUANTITY of Law no . DATE .", "On DATE ORG observed that the reason behind the decision not to send the letter was not the fact that it was written in NORP but the fact that its content was incomprehensible , making it impossible to carry out the verification provided for in section QUANTITY of Law no . DATE .", "Section DATE of Law no . DATE of DATE on the execution of sentences and preventive measures , published in ORG on DATE , reads as follows :", "“ CARDINAL . With the exception of the restrictions set forth in this section , convicted prisoners shall have the right , at their own expense , to send and receive letters , faxes and telegrams .", "NORP The letters , faxes and telegrams sent or received by prisoners shall be monitored by the reading committee in those prisons that have such a body , or , in those which do not , by the highest authority in the prison .", "NORP If letters , faxes and telegrams to prisoners are a threat to order and security in the prison , single out serving officials as targets , permit communication between terrorist or criminal organisations , contain false or misleading information likely to cause panic in individuals or institutions , or contain threats or insults , they shall not be forwarded to the addressee .", "Nor shall [ letters , faxes and telegrams of the type described above ] written by prisoners be dispatched .", "... ”", "Rule CARDINAL of LAW on prison management and the execution of sentences , published in ORG on DATE , reads as follows :", "“ CARDINAL . Convicted prisoners shall have the right , at their own expense , to send and receive letters , faxes and telegrams .", "NORP The letters , faxes and telegrams sent or received by prisoners shall be monitored by the reading committee in those prisons that have such a body , or , in those which do not , by the highest authority in the prison .", "If letters , faxes and telegrams to prisoners are a threat to order and security in the prison , single out serving officials as targets , permit communication between terrorist or criminal organisations , contain false or misleading information likely to cause panic in individuals or institutions , or contain threats or insults , they shall not be forwarded to the addressee .", "... ”", "Rule CARDINAL § CARDINAL of FAC reads as follows :", "“ In the framework of the right to send and receive correspondence under LAW above , letters , faxes and telegrams written by prisoners shall be handed , in open envelopes to the staff responsible for surveillance and security , who shall transmit them to the reading committee ... A ‘ ORG stamp shall be affixed to those letters which , upon examination , appear inoffensive . [ Such letters ] shall be placed in envelopes and given to the postal services ... ”", "Rule CARDINAL of the Prison Regulations reads as follows :", "“ CARDINAL . Those incoming or outgoing letters which are not considered inoffensive by the reading committee shall be transmitted to ORG within TIME . If ORG finds a letter to be offensive in full or in part , the letter shall be kept until the time - limit for filing a complaint or an objection has expired , without the original being altered or destroyed . If a letter is found to be offensive in part , the original shall be kept by the prison authorities and a photocopy delivered – with the offending passages struck out in such a way as to be illegible – together with the ORG ’s decision . If the whole letter is found to be offensive , only the decision of ORG is delivered . ORG decision shall become final upon expiry of the time - limit for applying to the enforcements judge , which shall start to run on the date of delivery . If the matter is sent before the enforcements judge , his decision shall become final upon expiry of the time - limit for appeal , which shall start to run on the date of the decision of the enforcements judge . If an appeal is made to set aside the decision of the enforcements judge , the decision of the court examining the appeal shall apply .", "NORP The notice given to the prisoner must inform him that if no complaint is lodged with the enforcements judge within DATE of ORG decision being served , or if no appeal against the decision of the enforcements judge is lodged with ORG within DATE of its being served , the decision of the ORG shall become final , and that the letter concerned will be forwarded after the offending passages have been deleted and rendered illegible , or that the whole letter is considered offensive and will not be delivered .", "Those letters considered offensive in full or in part shall be kept by the prison authorities for use if an appeal is lodged at the national or international level . ”", "On DATE ORG of ORG sent public prosecutors and prison governors as well as enforcements judges , a circular concerning translation costs . Referring to ORG CARDINAL and CARDINAL of LAW , the relevant passages read as follows :", "“ There are certain things we wish to bring to your attention ... , in order to put a stop to any uncertainty concerning the exercise of the right to receive or send publications , letters , faxes or telegrams written in a dialect or language other than NORP ....", "...", "Examination of prison budgetary practices reveals that there is no budget provision for the translation into NORP of periodical or non - periodical publications and correspondence written in a dialect or language other than NORP . If a prison is unable to provide this service using local resources , it is possible to solve the problem by charging the cost to the “ purchase of services ” budget head , under the sub - head ‘ purchase of other services’ , which includes the item ‘ expenditure on translations not counted as author ’s rights’ .", "In this connection ,", "It is sufficient to provide a “ summary report ” summarising the general content of documents such as periodical or non - periodical publications , letters , faxes and telegrams written in a language other than NORP ;", "NORP If there are prison staff with a knowledge of the language or dialect concerned , they should be asked to prepare the summary report ;", "NORP If the problem can not be resolved in the manner described in the preceding paragraph , it is possible , for a ‘ ORG fee :", "( a ) to make use of local resources and , at this stage , take advantage of the skills of staff working in other administrative entities ;", "( b ) if that also proves impossible , to have recourse to reliable persons in the area or district who are familiar with the language or dialect concerned . ”" ]

[ "8" ]

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[ "The applicant , Mr PERSON , is a NORP national , who was born in DATE and lives in GPE . He was represented by Mr Ľ. GPE , a lawyer practising in GPE . The respondent Government were represented by PERSON , their Agent .", "The facts of the case , as submitted by the parties , may be summarised as follows .", "Proceedings concerning the applicant ’s claim for lost income", "On DATE the applicant claimed lost income and damages in the context of proceedings concerning the termination of his service as a trade union representative .", "On DATE the ORG decided to deal with the claim in a separate set of proceedings .", "On DATE the applicant withdrew his claim for damages . The proceedings in respect of this claim were discontinued on DATE . As to the remainder of the applicant ’s action , the proceedings were stayed pending the outcome of another set of proceedings in which a preliminary question was to be determined .", "On DATE the case was assigned to another judge .", "On DATE ORG dismissed the action . On DATE ORG quashed the first instance judgment and remitted the case to ORG .", "On DATE the proceedings were stayed at the applicant ’s request .", "On DATE the ORG discontinued the proceedings . On DATE and on DATE the applicant appealed against this decision . The proceedings are pending .", "Proceedings concerning the applicant ’s actions for protection of his personality rights", "On DATE the applicant filed CARDINAL actions with ORG alleging a violation of his right to protection of his good name and reputation in the context of the termination of his services as a trade union representative .", "On DATE ORG granted the applicant ’s request to extend the action to include CARDINAL other defendants .", "On DATE ORG granted the applicant ’s request that his claims be amended . The defendants were requested to submit comments on the new claims .", "On DATE the case was assigned to another judge . A hearing before ORG was scheduled for DATE . On DATE the applicant requested that the proceedings be stayed with the explanation that he had introduced an application under LAW with ORG .", "The proceedings before ORG have not yet ended .", "LAW provides , inter alia , that every person has the right to have his or her case tried without unjustified delay .", "Pursuant to LAW , as in force until DATE , ORG could commence proceedings upon a petition ( “ podnet ” ) presented by any individual or corporation claiming that their rights had been violated .", "As from DATE , the LAW has been amended in that , inter alia , individuals and legal persons can complain about a violation of their fundamental rights and freedoms pursuant to LAW which reads as follows :", "“ CARDINAL . The Constitutional Court shall decide on complaints lodged by natural or legal persons alleging a violation of their fundamental rights or freedoms or of human rights and fundamental freedoms enshrined in international treaties ratified by GPE ... unless the protection of such rights and freedoms falls within the jurisdiction of a different court .", "When the Constitutional Court finds that a complaint is justified , it shall deliver a decision stating that a person ’s rights or freedoms set out in paragraph CARDINAL have been violated as a result of a final decision , by a particular measure or by means of any other interference . It shall quash such a decision , measure or other interference . When the violation found is the result of a failure to act , ORG may order that [ the authority ] which violated such rights or freedoms shall take the necessary action . At the same time ORG may return the case to the authority concerned for further proceedings , order that such an authority abstain from violating fundamental rights and freedoms ... or , where appropriate , order that those who violated the rights or freedoms set out in paragraph CARDINAL restore the situation to that existing prior to the violation .", "In its decision on a complaint ORG may grant adequate financial satisfaction to the person whose rights under paragraph CARDINAL have been violated . ” ...", "The implementation of the above constitutional provisions is set out in more detail in Sections CARDINAL of Act No . CARDINAL/CARDINAL ( LAW ) , as amended with effect from DATE .", "Pursuant to LAW ) of LAW , a person who wishes to bring proceedings before the Constitutional Court shall submit an authority for the lawyer representing him or her in the proceedings .", "After DATE the ORG delivered a number of decisions in which it found a violation of LAW ) of the LAW , ordered the general court concerned to avoid any further delays in the proceedings and awarded the successful complainants financial compensation in respect of delays which had already occurred .", "According to an explanatory letter by the president of ORG of DATE , nothing prevents ORG from dealing with complaints about length of proceedings in cases in which proceedings have also been instituted before ORG provided that the domestic proceedings complained of are still pending at the moment when the constitutional complaint is filed ." ]

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[ "The applicant was born in DATE and lives in GPE .", "On DATE the applicant was arrested on suspicion of bribery , several counts of evasion of tax and customs duties and several counts of forgery , committed in an organised criminal gang .", "On DATE the GPE ORG remanded him in custody , relying on the reasonable suspicion that he had committed the offence in question . The court referred to the complexity of the case and the considerable number of accused . It also considered that keeping the applicant in detention was necessary to secure the proper conduct of the proceedings , given the risk that he might tamper with evidence and induce witnesses to give false testimony . The court also stressed the severity of the anticipated sentence .", "Later , CARDINAL other persons were detained and charged in connection with the investigation against the applicant .", "The applicant ’s appeal against the detention order , like his further appeals against decisions prolonging his detention and all his subsequent numerous applications for release and appeals against refusals to release him , were unsuccessful . In his applications and appeal , he argued that the charge against him was based on unreliable and contradictory evidence .", "In the course of the investigation , the applicant ’s detention was prolonged on DATE , DATE , DATE , DATE , DATE , DATE , CARDINAL DATE and CARDINAL DATE .", "On DATE ORG lodged a bill of indictment with ORG . The applicant was charged with bribery , several counts of evasion of tax and customs duties , several counts of forgery and membership of an organised criminal gang . The bill of indictment also concerned CARDINAL other persons .", "Further decisions extending the applicant ’s detention were taken on DATE , DATE and DATE .", "In a decision given on DATE , ORG criticised the manner in which the investigation had been conducted . It also referred to delays in the proceedings which amounted to DATE . It acknowledged that almost all the evidence had been gathered and that the risk that the applicant would tamper with evidence had been marginal .", "In a decision given on DATE , ORG ruled that the applicant could be released on bail on payment of security of MONEY . The applicant requested the court to reduce the amount of bail . On DATE the court reduced it to MONEY . The applicant paid the security and he was released on DATE .", "The criminal proceedings are currently pending before the firstinstance court .", "The relevant domestic law and practice concerning the imposition of detention ( aresztowanie tymczasowe ) , the grounds for its extension , release from detention and rules governing other “ preventive measures ” ( środki zapobiegawcze ) are stated in the ORG ’s judgments in the cases of ORG v. GPE , no . GPE , § § CARDINAL , DATE , and PERSON v. GPE , no . CARDINAL/CARDINAL , § § DATE , CARDINAL DATE .", "On DATE ORG adopted on the Interim Resolution concerning the judgments of ORG in CARDINAL cases against GPE relating to the excessive length of detention on remand ( “ the DATE Resolution ” ) . Noting that the number of cases in which ORG had found similar violations was constantly increasing . It concluded that the number of the ORG ’s judgments finding GPE in violation of LAW revealed a structural problem . A more detailed rendition of the DATE Resolution can be found in the ORG ’s judgment given in the case of ORG v. GPE ( see ORG v. GPE , no . CARDINAL , § CARDINAL , CARDINAL DATE ; not final ) .", "On DATE ORG Commissioner for Human Rights released the Memorandum to the NORP Government concerning , among other issues , the use of the detention measure in GPE , stressing that examples of cases brought to the ORG where pre - trial detention had lasted DATE were not uncommon . The Commissioner urged the NORP authorities to review the application and functioning of pretrial detention in NORP law . A more detailed rendition of the relevant parts of the memorandum can be found in the above mentioned ORG judgment ( see ORG v. GPE , cited above , § CARDINAL ) ." ]

[ "5" ]

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[ "The applicant , Mr PERSON , is a GPE national , who was born in DATE and is currently detained in FAC Full GPE , GPE . He is represented before the ORG by Mr PERSON of ORG , GPE .", "The facts of the case , as submitted by the parties , may be summarised as follows .", "On CARDINAL DATE , the applicant was convicted , inter alia , of CARDINAL counts of rape and sentenced to life imprisonment . His tariff , set at DATE , expired in prison .", "The applicant suffers from a personality disorder ( “ psychopathic disorder ” ) which constitutes a mental disorder for the purposes of section CARDINAL(CARDINAL ) of LAW DATE ( LAW ) . In prison , he was assessed by a number of psychiatrists with a view to possible transfer to hospital under LAW of LAW , which led to a formal recommendation for transfer .", "On DATE , the applicant was transferred from FAC Full GPE to ORG by virtue of a restriction direction made by the ORG Secretary under sections CARDINAL and CARDINAL of the DATE Act . This was based on the recommendations of CARDINAL registered medical practitioners that the applicant was suffering from a psychopathic disorder of a nature or degree that made it appropriate for him to be detained in hospital for treatment and that treatment was likely to alleviate or to prevent a deterioration of his condition . The transfer was for the purposes of assessment as to possible therapeutic treatment , as well as ongoing treatment , and it had been pointed out in a report by PERSON dated DATE that there could be no guarantees as to long - term admission and that should he prove “ untreatable ” he would be remitted to prison .", "On DATE , ORG considering an application by the applicant who was raising , inter alia , concerns about his diagnosis ruled that he did not fulfil the criteria for discharge under section CARDINAL of the DATE Act and that he was properly detained in hospital . It noted , inter alia , that he had begun to engage in psychotherapeutic treatment including a sex offender treatment programme and that it was too early to tell whether and to what extent he would respond or benefit . The SOTP programme commenced on DATE and was expected to continue until DATE .", "In a report dated DATE , a consultant psychiatrist , PERSON , commissioned by ORG to provide a second opinion on the applicant found that his developmental disorder probably included the little understood pathological demand avoidance syndrome and stated :", "“ In conclusion I have little doubt that if PERSON returned to a purely custodial setting in which there was no understanding of his deficits and no capacity to work with him the risk of repetition of his former antisocial behaviours on returning to the community would be considerable . I am impressed by the level of understanding demonstrated in the psychological reports I have seen at ORG and believe that a long - term programme of rehabilitation within secure ORG settings followed by a gradual , closely and skilfully supervised return to the community will significantly reduce the risk to the public in the longer term . ”", "On DATE , a new ORG ( RMO ) , Dr PERSON , had assumed responsibility for the applicant 's care . In the DATE report which he issued on the applicant on DATE , PERSON stated that the applicant caused difficulties in the ward , was controlling and demanding , was undermining the therapeutic regime and that at this point in time there was no conclusive indication that he had benefited from treatment . He nonetheless concluded that he remained appropriately detained in hospital under the classification of Psychopathic Disorder .", "After , inter alia , an incident in which the applicant was the subject of an investigation into an alleged sexual assault on another patient , PERSON came to the conclusion that the applicant was not benefiting from treatment at ORG . A meeting was held concerning the applicant on DATE with other members of hospital staff . PERSON consulted both PERSON , clinical director of the hospital 's personality disorder directorate , and Doctor PERSON , an acting consultant involved in treating the applicant . On DATE , PERSON notified ORG requesting that the applicant be transferred back to prison as soon as possible . He stated :", "“ Since moving to PERSON has repeatedly presented significant management problems and attitudes and behaviour demonstrating that he is not benefiting from the overall treatment package available to him . He has consistently demonstrated a lack of meaningful reflection on his behaviour and attitudes . Until such time as he is in a position to contemplate and meaningfully reflect on his attitudes and behaviour he will not meaningfully benefit from treatment and there is no evidence that change is imminent in this respect .", "PERSON has repeatedly resisted accepting necessary therapeutic challenge from his Named Nurse and ORG . PERSON has repeatedly attempted to dictate his own treatment needs . He has DATE demanded that his Named Nurse be changed .", "At present PERSON is ward - based as he is subject of investigation into an alleged sexual assault on a fellow patient .", "Reasons for requesting urgent return to prison include recent behaviours of Mr GPE whereby hospital security has been compromised , a recent threat to a staff member in which PERSON threatened to put the staff member 's head through a window and his general undermining effect on the therapeutic ethos of the ward ... ”", "DATE , ORG issued the warrant under section CARDINAL authorising the applicant 's immediate transfer back to prison .", "A number of further meetings were held within the hospital to discuss the applicant 's position . On DATE CARDINAL staff members were present at a multidisciplinary team meeting . At a meeting on DATE , the applicant was present and put forward his views that the ORG had failed him and challenging the views expressed about his conduct and “ treatability ” . On DATE , the applicant was seen , at his request , by ORG , who noted that there were “ irreconciliable differences ” between the applicant patient and the clinical team and that they were satisfied that the team had made a joint decision to return the applicant to prison and had consulted with previous members of the team .", "It later transpired that the view that the applicant was no longer benefiting from treatment was not shared in all respects by all the clinical team . A post - discharge summary signed by PERSON , ORG , PERSON , acting ORG , and CARDINAL ORG concluded :", "“ If PERSON had not left ORG we would be recommending that he continue with ORG here . We have some concerns about his ability to re - engage in ORG , having previously dropped out . We feel that he requires PERSON but alongside this he will require individual work to address responsivity issues ... The pattern of his alienating staff has occurred in ORG and at ORG . We feel that without this work to address responsivity , the same behaviours are likely to recur . ”", "In a report dated DATE , an individual therapist in dialectical behaviour therapy ( “ DBT ” ) stated that her impression of the applicant was that “ He had consistently demonstrated motivation and commitment to engaging in DBT and had made an effort to communicate his experiences and how he perceives and interacts with the world around him . ” On DATE , a trainee clinical psychologist supervised by PERSON highlighted concerns about barriers to treatability but concluded that she and the applicant had “ developed a firm and rewarding therapeutic relationship ” .", "On DATE , the applicant returned to ORG as a Category A prisoner . The same day the applicant lodged a claim for judicial review challenging the procedure whereby he was returned to prison . He obtained expert medical reports which gave the opinion that he should continue to be treated in hospital . In a report dated DATE , PERSON , who had previously given a report to the ORG , observed that having read the documentation he remained unclear as to why the applicant had been returned to prison and maintained his opinion that his condition was treatable and that it was more appropriate for him to be treated in hospital :", "“ I do not understand the rationale for prematurely curtailing PERSON treatment in Rampton only for him to commence a similar programme in prison , but one in which the skills normally found in a hospital multidisciplinary team will be lacking . Similarly , it is simply not the case ... that sex offender treatment in prison is “ exactly the same ” as in ORG ; indeed this issue was discussed in some detail at the ORG hearing when the differences between the CARDINAL were emphasised , particularly in relation to the greater ability of a hospital - based programme to tolerate offenders with severe personality disorder .", "I am also concerned about Mr PERSON 's transfer because there is now a good deal of evidence to show that offenders who leave Sex Offender Treatment Programmes prematurely , for whatever reason , are at a higher risk of sexual re - offending ... The actions ... in returning PERSON to prison are therefore not simply neutral but may have a profound negative impact on his long - term risk .", "... I note that since DATE an entirely new clinical team appears to have taken over Mr LOC 's care . Given the complexity of this man 's personality disorder , I think it unlikely that those involved will have had an opportunity to understand the case fully . My impression is that the decision to return Mr GPE to prison was an arbitrary one made by a locum RMO who knows little about the patient and was influenced by considerations unrelated to Mr GPE 's treatment needs or longer term management . ”", "Permission was granted , with expedition , on DATE .", "On DATE , Mr Justice PERSON dismissed his claims . He found that section CARDINAL did not require the hospital to carry out prior consultation with the patient concerned but that even if it did this was a case where no different result would have occurred even had there been consultation and the hospital had been entitled , rationally , to reach its decision as a matter of urgency . As regarded the Secretary of ORG , he considered that he was not bound by the ORG 's decision of DATE that the applicant should be treated in hospital and that there had plainly been a change of circumstance since then including the incidents put in evidence by Dr PERSON and the change of clinical judgment of PERSON and his team . The Secretary of ORG had therefore not acted irrationally or failed to take into account a consideration that he should have done . As regarded the ORG report , this related to an assessment in DATE and was not by a treating doctor and it was not necessary for the Secretary of ORG to take it into account . So far as the giving of reasons was concerned , he was satisfied that the reason given , namely that he was satisfied that no effective treatment for the disorder could be given in the hospital to which he had been removed , was sufficient and that that no further reasons were required . Insofar as the applicant complained of the failure to give him notice that it was intended to request his transfer back to prison , the judge noted , inter alia , that the ORG 's evidence that notice was not given as the applicant 's conduct , as well as being deceitful and manipulative , presented in some respects a real risk to hospital security .", "The applicant 's application for permission to appeal to ORG was granted on DATE . After a hearing on DATE , his appeal was rejected .", "As regarded the applicant 's counsel 's argument that there was a duty on the ORG to inform the Secretary of ORG as to the existence of other views on whether the applicant was benefiting from treatment , Lord Justice PERSON stated :", "“ DATE . In the statutory context , I do not consider that PERSON needed to disclose either the views of the psychologists or the report of PERSON . The view of the psychologists now appears in the discharge reports prepared . Had the applicant not left the hospital , they would be recommending that he continue with the core programme at the hospital . Concern is expressed about his ability to re - engage in the prisoner service core programme ... The applicant 's difficulties , including his pattern of alienating staff , are also mentioned . As PERSON , PERSON was required to take an overall view when applying the treatability test . It does not follow from progress in the introductory module of ORG that the test is satisfied . If , which PERSON does not accept , there was a dissenting view from PERSON , it was still for him to make the clinical judgment required by section CARDINAL when deciding whether to notify the Secretary of ORG . The responsibility was his and the rationality of his judgment is not challenged . He was not in the circumstances under a duty to disclose reports on individual components of the applicant 's medical regime or to present to the Secretary of ORG contrary views which may have been expressed by some members of the interdisciplinary team .", "As to PERSON report , PERSON acknowledges PERSON expertise and standing in the psychiatric world . PERSON disagreed with his opinion and pointed out that he was not involved in DATE care and clinical experience of the applicant ... The examination on which the report was based was conducted as long before the notification as DATE and there were many subsequent developments as the evidence before this ORG demonstrates . PERSON recognised that it is ' perhaps not for me to speculate on treatment in this case ' ... In those circumstances , there was no duty on the ORG to send the report to the Secretary of ORG . Nor was the Secretary of ORG required to consider its contents . The responsibility for the clinical judgment is that of the ORG .", "I do however express surprise and concern that the decision was taken with the speed it was though I do have regard to the need , for the reasons given by PERSON , for urgency and for the decision not to tell the applicant of the notification until some time after it was made ... In my judgment there is a duty upon a ORG before giving a section CARDINAL(CARDINAL ) notification to make proper enquiries within the hospital as to whether the treatability test is satisfied and to consider views expressed , as well as his own first - hand knowledge and experience , before making a recommendation . The extent of the enquiry and of disclosure of information will depend on the circumstances of the particular case and will normally be judged as at the moment of decision . In my judgment , PERSON did enough in the circumstances of this case to discharge that duty and did so before notification was given ...", "While I have accepted Mr PERSON 's submission that the disputed documents need not have been disclosed to the Secretary of ORG , he puts it too high when submitting as a matter of principle there can not be a general free standing duty on one public body to pass information to another public body . Under the statutory procedure , the Secretary of ORG can be expected to give considerable weight to the ORG 's opinion and judgment . That involves a correlative duty upon the ORG , the content of which I have attempted to specify , to make full and fair enquiries at the hospital before making the clinical judgment and notification ... ”", "As regarded any alleged duty on the Secretary of ORG , Lord Justice PERSON said :", "“ In the present statutory context , a right to make representations does not on the present facts arise . The issue is treatability and the Secretary of ORG 's decision necessarily turns upon a clinical judgment , that of the ORG , and if that judgment is fairly and rationally made , a duty on the Secretary of ORG to permit and consider representations does not in my judgment arise ... There will be cases in which circumstances , including information available to the Secretary of ORG , either in the documents by which the notification is given or from other sources , create a duty in the Secretary of ORG to make further enquiries or take further action or both but that situation has not arisen in the present case ... ”", "Concerning the applicant 's reliance on LAW , he stated :", "“ DATE . I do not consider that there was a breach of LAW . The applicant was serving a sentence of imprisonment for life . In the absence of a breach of another LAW , the LAW does not render unlawful that interference with private life which inevitably follows from a lawfully imposed custodial sentence . Transfer from prison to hospital and hospital back to prison , as part of a high - security custodial regime , can not in present circumstances be said to breach the LAW notwithstanding the differences in medical treatment which occur . I do not of course exclude the possibility that certain aspects of a custodial regime might attract a case for breach but the decisions complained of do not fall within the concept of respect for private life in DATE . ”", "His petition to ORG for leave to appeal was dismissed on DATE .", "Meanwhile , the applicant applied for discharge to a Discretionary Lifer Panel of ORG . On DATE , the Panel heard evidence from CARDINAL consultants that the applicant remained at risk of further re - offending , that that risk could only be addressed by suitable treatment and that he should not have been transferred back to prison because the required treatment for his mental disorder could only be provided in a special hospital . The Panel , rejecting his application for discharge , concluded :", "“ The panel was anxious that whereas both matters of security with their appropriate categorisation and consideration of any transfer to a ORG must always remain a matter for others , the oral evidence provided at the hearing might form a basis for others to reach a prognosis which will give priority to the medical considerations raised and the reduction of risk so engendered . ”", "Section CARDINAL of ORG DATE provides :", "( CARDINAL ) If in the case of a person serving a sentence of imprisonment the Secretary of ORG is satisfied , by reports from CARDINAL registered practitioners ;", "( a ) that the said person is suffering from mental illness , psychopathic disorder , severe mental impairment or mental impairment ; and", "( b ) that the mental disorder from which the person is suffering is of a nature or degree which makes it appropriate for him to be detained in a hospital for medical treatment and , in the case of psychopathic disorder or mental impairment , that such treatment is likely to alleviate or prevent a deterioration of his condition ;", "the Secretary of ORG may , if he is of the opinion having regard to the public interest and all the circumstances that it is expedient to do so , by warrant direct that the person be removed to and detained in such hospital ... ”", "Section CARDINAL of the CARDINAL Act provides :", "“ ( CARDINAL ) Where a transfer direction and a restriction direction have been given in respect of a person serving a sentence of imprisonment and before the expiration of that person 's sentence the Secretary of ORG is notified by the responsible medical officer , any other registered medical practitioner or a ORG that that person no longer requires treatment in hospital for mental disorder or that no effective treatment for his disorder can be given in the hospital to which he has been removed , the Secretary of ORG may–", "( a ) by warrant direct that he be remitted to any prison or other institution in which he might have been detained if he had not been removed to hospital , there to be dealt with as if he had not been so removed ... ”", "Section CARDINAL of the LAW provides inter alia :", "“ ( CARDINAL ) It is unlawful for a public authority to act in a way which is incompatible with a Convention right . ”", "( CARDINAL ) Subsection ( CARDINAL ) does not apply to an act if", "( a ) as the result of CARDINAL or more provisions of primary legislation , the authority could not have acted differently ; or", "( b ) in the case of CARDINAL or more provisions of , or made under , primary legislation which can not be read or given effect in a way which is compatible with the Convention rights , the authority was acting so as to give effect to or enforce those provisions . ”" ]

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[ "The applicants were born in DATE and live in GPE . At the time of the events they were DATE .", "According to the official documents , in connection with an ongoing investigation against an illegal armed organisation , namely the ORG ( ORG , the police received information that the second applicant , a suspected member of that organisation , had arrived from the rural area in order to conduct activities in cities on behalf of the organisation . Having established the second applicant ’s address in ORG , the police conducted a search of the LOC , on DATE at TIME , and arrested the second applicant . The other applicants , who were also present during the house during the search , were similarly arrested and taken into police custody in order to establish any link they might have had with the organisation . The police did not find anything illegal or incriminating during the search .", "On TIME , at TIME , the applicants were taken for a medical examination at ORG .", "According to the custody records , the police informed the ORG of first and the third applicant and the second applicant ’s mother of their arrest and detention .", "On DATE the police searched the house of the first applicant but did not find anything illegal or incriminating .", "Upon the request of the police , the ORG public prosecutor ( hereinafter the prosecutor ) extended the applicants’ detention for DATE on DATE .", "On DATE , the applicants were questioned by the police . Since they were accused of offences falling within the jurisdiction of ORG , they could not benefit from the assistance of a lawyer despite their age .", "The custody records noted the end of the applicants’ custody at TIME on DATE .", "DATE , the applicants were taken for a medical examination at ORG .", "Afterwards , the applicants were first brought before the prosecutor and then to ORG ( hereinafter the ORG ) . The latter , after having heard them , ordered their remand in custody .", "On DATE the prosecutor , relying mainly on the basis of the ORG statements obtained during the pre - trial investigation , filed a bill of indictment with the SCC accusing the second applicant of membership of an illegal organisation and the other applicants of aiding and abetting that organisation . The charges were brought under Articles CARDINAL and CARDINAL of LAW respectively .", "At the first hearing held before the ORG , on DATE , the applicants were released pending trial .", "No further documentation has been submitted by the parties regarding these proceedings before the ORG .", "A description of the relevant domestic law at the material time can be found in the PERSON v. GPE judgment , no . CARDINAL/CARDINAL , § § DATE , DATE , and the PERSON v. GPE judgment ( no . CARDINAL/CARDINAL , § DATE ) .", "The recommendation of ORG concerning new ways of dealing with juvenile delinquency and the role of juvenile justice ( Rec ( CARDINAL)CARDINAL ) , adopted on DATE at the ORG meeting of ORG , in so far as relevant , reads as follows :", "“ CARDINAL . Where juveniles are detained in police custody , account should be taken of their status as a minor , their age and their vulnerability and level of maturity . They should be promptly informed of their rights and safeguards in a manner that ensures their full understanding . While being questioned by the police they should , in principle , be accompanied by their parent / legal guardian or other appropriate adult . They should also have the right of access to a lawyer and a doctor . They should not be detained in police custody for longer than TIME in total and for younger offenders every effort should be made to reduce this time further . The detention of juveniles in police custody should be supervised by the competent authorities . ”", "“ GPE Parties shall ensure that : ...", "( b ) No child shall be deprived of his or her liberty unlawfully or arbitrarily . The arrest , detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time ;", "( d ) Every child deprived of his or her liberty shall have the right to prompt access to legal and other appropriate assistance , as well as the right to challenge the legality of the deprivation of his or her liberty before a court or other competent , independent and impartial authority , and to a prompt decision on any such action . ”" ]

[ "5" ]

[ "5-1", "5-3", "5-4", "5-5" ]

[ "5-1-c" ]

[ "5" ]

[ "5-1" ]

[ "5-1-c" ]

[ "The applicants , PERSON and PERSON , are NORP nationals , who were born in DATE and DATE respectively . They are married to each other . The first applicant is a physiotherapist and the second is a teacher . They live in GPE . In the proceedings before the ORG the applicants chose not to be represented . The respondent Government are represented by Mr J. PERSON of ORG .", "The facts of the case , as submitted by the parties , may be summarised as follows .", "On DATE the applicants signed an agreement with ORG in GPE . Under the terms of the agreement they agreed to provide care to X , a boy born on DATE . The applicants were chosen as prospective adopters for X because of their professions since the child required special care on account of his health problems . In this connection , the applicants referred to the conclusions of a medical opinion of CARDINAL DATE which stated that X showed disturbed physical development and slightly retarded psychomotor development . It was also recommended in the opinion that the child should be placed without delay with a caring adoptive family , which would create the conditions for his proper development .", "On DATE ORG , the biological mother of X , was deprived of her parental authority for X. On DATE the boy began to live with the applicants .", "On DATE ORG appointed a guardian ( opiekun prawny ) for X.", "On DATE the applicants filed with ORG an application for the adoption of X.", "On DATE ORG requested ORG to restore her parental authority for X. As a result of this request ORG stayed the adoption proceedings on DATE .", "On DATE the court held the first hearing at which it heard ORG and X ’s guardian . The next hearing was held on DATE .", "On an unspecified date in DATE ORG applied to ORG for interim measures . In particular , she asked the court to change the guardian of X and to grant her and her parents , PERSON and GPE , visiting rights .", "On DATE ORG rejected her application for interim measures . The court did not see any grounds for changing the guardian . It pointed out that X had been born with a serious neurological disorder and required physiotherapy on a DATE basis . As for the request to grant visiting rights to ORG and her parents , the court rejected it for the following reasons :", "“ The application for interim measures does not contain any reasons for allowing [ ORG ] and her parents to visit the child . ORG considers that this request is not aimed at the well - being of the child but results from the change in the attitude of [ ORG ] and ( ... ) her GPE endeavours to obtain the legal custody of [ X ] .", "The evidence gathered shows that [ ORG ] is still undergoing therapy . Getting back the child is a part of that therapy and would allow [ ORG ] to return to normal life .", "The decision to allow [ ORG ] and her parents to visit the child would require the return of the child to a child - care facility . Therefore , the child would be deprived of his present living conditions which provide him with proper physical and ( ... ) emotional development . The child has been living in this environment for DATE . ( ... ) ”", "On DATE ORG ( PERSON ) dismissed ORG ’s appeal against the decision of DATE .", "ORG held hearings on DATE , CARDINAL DATE and DATE and DATE .", "On DATE ORG dismissed ORG ’s request to restore her parental authority for X. The court observed that since DATE ORG had cohabited with a man who had fathered X. Her parents had not approved of that relationship . ORG had concealed her pregnancy . She had not consulted a doctor and smoked . ORG had been interested in continuing the relationship with her child ’s father , who had , however , not accepted the child . When X was born , ORG declared that she wanted to leave him in the hospital for subsequent adoption . In DATE the father of X had left ORG and she had moved into her GPE flat . She started psychological therapy and in DATE informed her parents about the birth of X. The court considered that ORG was not emotionally ready to take care of a child . Moreover , her actions had been influenced by her parents . ORG was responsible for the fact that there did not exist any emotional bonds between her and X. At the same time , X had strong emotional bonds with the applicants who provided him with very good living conditions .", "On DATE ORG appealed against this decision .", "On DATE and DATE ORG held hearings and on the latter date it quashed the decision of ORG and remitted the case for reconsideration .", "On DATE ORG held the first hearing at which it decided to order opinions of CARDINAL experts in psychology . The experts submitted their opinions on DATE .", "At the hearing held on DATE ORG again dismissed PERSON ’s request to restore her parental authority for X. At the same time the court decided that X should be placed in the foster family of PERSON and PERSON It pointed out that GPE was not able to provide X with proper care . The court referred to expert evidence which showed that she was emotionally and socially immature and behaved like a child who needed care and who was not responsible for her actions . As for its decision to place X with ORG ’s parents the court was of the view that “ it was justified to place the child in the foster family of the maternal grandparents since the advantages from growing up in a biological family exceeded the disadvantages resulting from the change of [ X ’s ] environment . ”", "ORG appealed against the decision .", "On DATE ORG refused the applicants’ standing in the proceedings for an application for the restoration of ORG ’s parental authority . The applicants appealed , but their appeal was dismissed on DATE by ORG . On DATE ORG rejected the applicants’ appeal against its decision to place X with his biological grandparents , PERSON and GPE , since the applicants did not have standing in those proceedings .", "On DATE and DATE the court held hearings . At CARDINAL of the hearings ORG heard the applicants .", "On DATE ORG allowed ORG ’s appeal against the decision of ORG and granted her parental authority for X. Basing itself on the expert opinions , the court established that there were at present no indications that ORG should not be personally taking care of X. The court then stated :", "“ An important issue , undoubtedly of the greatest significance , is to establish whether the wellbeing of [ X ] requires that he be returned to his biological mother . The interest of the child is the overriding factor in the instant case .", "According to the experts , whose opinions were followed by ORG , a child will have the best conditions for its development in the biological family . Other forms of foster family are allowed only if the biological parents are unable or inept to care [ for the child ] . Obviously , every change in the environment of [ X ] might give rise to difficulties of adaptation ; however , it is common knowledge that small children adapt quickly to new conditions . ORG offers to help in this respect .", "The experts underlined that the removal of [ X ] to the biological family had to be carried out correctly ; it did not have to create a shock for him . The pre - adoptive family , for which the separation would be extremely painful , declares that , to ensure the best for X , they will do everything to make the removal of X as painless as possible for him . The behaviour of the biological family ... shows their understanding that ... entering into X ’s life must come gradually , consensually and in a manner accepted by both parties . The [ ORG and GPE ’s ] position on that issue lead [ the court ] to believe that the biological mother ’s taking over the care of [ X ] would not create a shock for the child .", "In the light of the above , the court decided as in the operative part . ”", "The decision was final .", "On DATE , X , who had been living with the applicants for DATE and considered them as his parents , was taken away from them .", "On DATE ORG discontinued the adoption proceedings .", "On DATE ORG dismissed the applicants’ application to grant them visiting rights .", "The custody and adoption of children are regulated by LAW ( PERSON i GPE ) .", "Article CARDINAL of the Family Code provides as follows :", "“ CARDINAL . NORP If parental authority can not be carried out due to a permanent obstacle or due to fact that the parents abuse their parental authority or grossly neglect their duties with respect to children , the family court shall deprive the parents of their parental authority ...", "NORP If the reasons for which deprivation of the parental responsibilities was ordered cease to exist , the family court may restore parental authority . ”", "On DATE the Law of CARDINAL DATE on complaints about a breach of the right to a trial within a reasonable time ( LOC o skardze na naruszenie prawa strony do rozpoznania sprawy w postępowaniu sądowym bez nieuzasadnionej zwłoki ) ( “ the CARDINAL Act ” ) entered into force . It lays down various legal means designed to counteract and/or redress the undue length of judicial proceedings .", "A more detailed rendition of the relevant domestic law provisions is set out in the ORG ’s judgment in GPE v. GPE , no . CARDINAL , § § CARDINAL , ORG CARDINAL– ... ( extracts ) and in ORG v. GPE DATE . ) , no . CARDINAL , § § CARDINAL , ORG CARDINAL– ...." ]

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[ "The applicant was born in DATE and lives in GPE .", "On DATE the applicant married PERSON , and on DATE a child , PERSON , was born of the marriage .", "On DATE the applicant filed a petition for divorce with ORG ( PERSON ) .", "At a hearing on DATE the applicant submitted his proposal concerning contact and child maintenance for PERSON At the same hearing the parties agreed that the marriage be dissolved .", "On DATE M. informed ORG that she did not agree with the applicant ’s proposal as regards child maintenance and asked the court to set an appropriate amount .", "The applicant lodged a request for expedition of the proceedings with ORG on DATE .", "On DATE the applicant brought a separate action in ORG , contesting his paternity of PERSON", "The applicant further lodged a request with ORG ( PERSON ) on DATE asking that the proceedings be transferred to another court .", "ORG on DATE ordered the parties to submit information concerning their incomes . On DATE the applicant , and on DATE M. , complied with this order and submitted the requested information .", "At a hearing on DATE PERSON failed to appear . At the same hearing the applicant requested the trial court to issue a partial judgment by which the marriage would be dissolved . The trial judge dismissed the applicant ’s request and ordered him to submit further documents concerning his financial status .", "The applicant complied with the above order and submitted the requested documents on DATE .", "On DATE the applicant again lodged a request for expedition of the proceedings with ORG .", "ORG on DATE ordered PERSON to submit information concerning the child maintenance payments she had received from the applicant . On DATE she complied with this order and submitted the requested information .", "Another hearing was scheduled for DATE but it was adjourned since the applicant informed the trial court that he was ill and could not attend the hearing .", "At a hearing on DATE the applicant asked ORG to join the divorce proceedings with the proceedings in which he was contesting paternity of PERSON request was granted , but further proceedings were stayed pending a ORG decision on the applicant ’s request for transfer of the proceedings to another court .", "On DATE the applicant asked ORG to adopt a partial judgment , in respect of the petition for divorce alone .", "ORG dismissed the applicant ’s request for transfer of the proceedings to another court on DATE .", "M. informed ORG on DATE and DATE that she and PERSON had been living in GPE and that the applicant had refused to give consent for PERSON to obtain a passport and to come to GPE to take part in the paternity proceedings .", "On DATE the applicant informed ORG that he had given his consent for PERSON to obtain a passport .", "A hearing scheduled for DATE was adjourned because the applicant had not been properly summoned .", "Another hearing scheduled for DATE was adjourned because the applicant failed to appear . At the same hearing ORG ordered a DNA test .", "ORG ordered the applicant to pay a sum of MONEY kunas ( HRK ) for the DNA test on DATE .", "In the period DATE and DATE the applicant made CARDINAL payments in instalments for the DNA test . He also asked ORG to extend the time - limit for payment . ORG granted the applicant ’s request and extended the time - limit for DATE . On DATE he informed ORG of the amount he had managed to pay for the DNA test .", "On DATE the applicant lodged a complaint about the length of the proceedings with ORG ( Ustavni sud PERSON ) which was forwarded to ORG ( PERSON u ORG ) for further examination . In his submissions the applicant complained that ORG had dismissed his request for the partial judgment by which his marriage could be dissolved . He submitted that the lengthy divorce proceedings had had an adverse effect on his private life and his dignity and that the delay could prevent his marriage to another woman , planned for DATE . The applicant also asked that ORG be ordered to adopt a partial judgment by which his marriage with PERSON would be dissolved .", "At a hearing on DATE ORG found that the applicant had failed to pay the full amount required for the DNA test , and adjourned the hearing .", "Another hearing scheduled for DATE was adjourned because the applicant informed the trial court that he could not attend the hearing .", "On DATE the applicant asked ORG to exempt him from the duty to pay for the DNA test , relying on war veterans’ rights , but on DATE that court dismissed his request .", "Another hearing was held on DATE ; the applicant failed to appear .", "On DATE the applicant submitted further complaints to ORG about the length of the proceedings : he argued that he was a practising NORP and would therefore like to marry again , but had been unable to do so because ORG had refused to issue a partial judgment by which he could be divorced . He also stressed that he would be humiliated if he had to cancel the planned marriage because he had been unable to divorce .", "On DATE the applicant informed ORG that he had made a further payment for the DNA test .", "At a hearing on DATE ORG found that the amount necessary for the DNA blood test had been almost fully paid , and requested the parties to make an arrangement to have DNA samples taken .", "On DATE the applicant , relying on the ORG ’s case - law , complained before ORG about the manner in which the paternity proceedings and the DNA blood test had been conducted by ORG . He pointed out that PERSON had refused to come to GPE to have a sample of PERSON ’s DNA taken . He again requested ORG to order ORG to adopt a partial judgment concerning the divorce .", "The Z. County Court accepted the applicant ’s complaint about the length of the proceedings on DATE . It found a violation of the applicant ’s right to a hearing within a reasonable time , awarded him HRK CARDINAL,CARDINAL in compensation and ordered ORG to adopt a decision as soon as possible , and within DATE at the latest . The relevant part of the decision reads :", "“ ... the overall length of these civil proceedings can not be said to have complied with the reasonable time requirement . ... Everything suggests that the court has failed to conduct the proceedings in compliance with the principle of efficiency , since over a period of DATE the case has still not been decided by the first - instance court ...", "The applicant , as a plaintiff in the proceedings , has contributed to the length of the proceedings , since the court ’s summons to some hearings could not be served on him and he failed to appear at these hearings . His contribution to the length of the proceedings can also be observed through the fact that he has failed to comply with the court ’s orders in time ( for example to pay for the DNA test ) . ”", "On DATE the applicant informed ORG that he was insisting on a DNA test , although in the meantime he had been informed by PERSON that she and PERSON would not attend to have a DNA sample taken .", "On DATE the applicant lodged an appeal with ORG against the ORG decision of DATE in the part concerning the amount of the awarded compensation . He also complained that ORG had ignored his request that ORG be ordered to adopt an interim judgment on his divorce .", "On DATE the applicant submitted to ORG a written statement from ORG ( PERSON ) confirming that he was unemployed .", "Another hearing scheduled for DATE was adjourned because the applicant informed the trial court that he could not attend this hearing and PERSON had failed to inform the court when she and PERSON would be able to attend to have a DNA sample taken .", "On DATE ORG awarded the applicant further compensation of HRK CARDINAL,CARDINAL in respect of the length of the proceedings . The relevant part of the decision reads :", "“ ... This court considers that the conduct of the applicant had no influence on the length of the proceedings . On the contrary , the case file reveals that the applicant has demonstrated a strong resolve to have the proceedings concluded as soon as possible and within a reasonable time ; this can be seen by his numerous requests that [ the court ] decide on his petition for divorce , to which the defendant also agreed at the hearing of DATE ... Although the first - instance court pointed out that the applicant had contributed to the length of the proceedings by not complying with the summons to appear at the hearings , it is to be noted that it was only the hearing of DATE at which he failed to appear despite having been properly summoned . As regards the hearing of DATE , the applicant was not properly summoned , since the court summons was returned with the notice “ informed , did not collect ” . As to the applicant ’s failure to pay for the DNA test , it is to be noted that he requested that the time - limit for this payment be extended since it concerned a significant amount , given his income and his social circumstances , and the fact that he paid certain amounts in instalments on CARDINAL occasion , in accordance with his financial means . This demonstrated his resolve to comply with the court order . ”", "The applicant further lodged a constitutional complaint with ORG on DATE against the above decision of ORG .", "At a hearing on DATE the ORG commissioned a DNA paternity report from ORG ( PERSON ) .", "M. informed ORG on DATE that she refused to come to GPE to have a DNA sample taken .", "On DATE the applicant lodged a request for disqualification of the trial judge , president and all judges of ORG .", "On DATE ORG dismissed the applicant ’s constitutional complaint in respect of the length of the proceedings as ill - founded , on the ground that his complaints had been properly addressed by the lower courts .", "The Clinical Hospital Š. on DATE informed ORG that the parties had failed to appear to have DNA samples taken .", "ORG rejected the applicant ’s request for disqualification of the judges of that court on DATE .", "DATE . On DATE the applicant again requested ORG to commission a DNA report .", "The president of ORG rejected the applicant ’s request for disqualification of the president of ORG on DATE .", "On DATE the applicant again requested ORG to adopt a partial judgment in respect of the divorce alone .", "The president of ORG dismissed the applicant ’s request for disqualification of the trial judge on DATE .", "ORG on DATE again summoned the parties to have DNA samples taken .", "On DATE and DATE the applicant informed ORG that he was withdrawing his action concerning his paternity of PERSON , on the ground that the payment of the requested sum for the DNA test had created an intolerable financial burden for him since he was unemployed and without any source of income . He also asked that the marriage be dissolved as soon as possible since his social benefits depended on his marital status .", "At a hearing on DATE the parties reached an agreement on child maintenance and contact between the applicant and PERSON On DATE ORG dissolved the marriage of the applicant and PERSON and decided on the amount of the child maintenance and contact between the applicant and his child . The parties also declared that they would not lodge appeals and the judgment thus became final .", "On DATE the applicant married J.V.", "The relevant provisions of LAW ORG , ORG no . DATE , CARDINAL , CARDINAL , CARDINAL/CARDINAL ) read as follows :", "“ In the determination of his rights and obligations or of any criminal charge against him , everyone is entitled to a fair hearing within a reasonable time by an independent and impartial court established by law . ”", "“ Family is under the special protection of the ORG .", "Marriage and legal relations in marriage , extra - marital relationship and family shall be governed by law . ”", "The relevant provisions of LAW ( Obiteljski zakon , ORG nos . CARDINAL , CARDINAL , CARDINAL , DATE ) read as follows :", "“ Marriage can not be concluded by a person who is already married . ”", "“ ( CARDINAL ) Irrespective of the form in which it was contracted , a marriage ceases upon : the death of a spouse , the pronouncement that a missing spouse is deceased , annulment or divorce .", "( CARDINAL ) A marriage ceases by annulment or divorce when the judgement of a court concerning the annulment or divorce becomes final ... “", "“ ( CARDINAL ) This Act governs special civil proceedings , non - contentious proceedings and special enforcement proceedings concerning the marital and family affairs under LAW .", "( CARDINAL ) Proceedings as in paragraph CARDINAL are urgent . ”", "“ The provisions of LAW and LAW shall be applicable to proceedings under section CARDINAL of this Act , unless otherwise provided under this LAW . ”", "The relevant provisions of LAW ( Zakon o parničnom postupku , ORG of ORG nos . CARDINAL , CARDINAL/CARDINAL ( corrigendum ) , CARDINAL , CARDINAL/CARDINAL , CARDINAL/CARDINAL , DATE , DATE , DATE , CARDINAL/CARDINAL and CARDINAL/CARDINAL , and ORG . CARDINAL , GPE , CARDINAL , CARDINAL , CARDINAL/CARDINAL , CARDINAL , CARDINAL , CARDINAL/CARDINAL , CARDINAL , and GPE ) , read as follows :", "“ ( CARDINAL ) If only some of a number of claims are ready for a final decision on the basis of the litigation , or if only part of CARDINAL claim is ready for a final decision , the court may conclude the trial and adopt a judgment ( partial judgment ) in respect of the claims or the part of the claim that are ready .", "( CARDINAL ) The court is obliged to adopt a partial judgment without delay if , on the basis of admission or waiver of several claims put forward only some become ready for a final decision , or if only part of CARDINAL claim is ready for this decision ... “", "The relevant provisions of LAW ( Zakon o sudovima , ORG nos . DATE , CARDINAL/CARDINAL and CARDINAL ) , as in force at the material time , read as follows :", "“ ( CARDINAL ) A party to court proceedings who considers that the court has failed to decide within a reasonable time on his or her rights or obligations or a criminal charge against him or her , may lodge a request for the protection of the right to a hearing within a reasonable time with a court at the next higher level of jurisdiction .", "( CARDINAL ) If the request concerns proceedings pending before ORG of GPE , ORG or ORG , the request shall be decided by ORG .", "( CARDINAL ) Proceedings for deciding on a request as in sub - section CARDINAL of this section shall be urgent . The rules of non - contentious procedure shall apply mutatis mutandis in those proceedings and , in principle , no hearing shall be held .", "( CARDINAL ) If the court referred to in section CARDINAL of this LAW finds the request well founded , it shall set a time - limit within which the court before which the proceedings are pending must decide on a right or obligation of , or a criminal charge against , the person who lodged the request , and may award him or her appropriate compensation for a violation of his or her right to a hearing within a reasonable time .", "( CARDINAL ) The compensation shall be paid out of the ORG budget within DATE on which the party ’s request for payment is lodged .", "( CARDINAL ) An appeal , to be lodged with ORG within DATE , lies against a decision on the request for the protection of the right to a hearing within a reasonable time . No appeal lies against a ORG decision , but a constitutional complaint may be lodged . ”", "Amendments to LAW in connection with the length - of - proceedings complaint procedure , enacted on DATE ( Zakon o izmjenama i dopunama PERSON o sudovima , Official PERSON , no . DATE ) , read as follows :", "“ LAW [ of LAW ] now reads :", "...", "( CARDINAL ) An appeal , to be lodged with ORG within DATE , lies against a decision on the request for the protection of the right to a hearing within a reasonable time . A further appeal , to be lodged with a panel of judges of ORG , lies against the decision of ORG . The panel shall adopt its decision within DATE .", "( CARDINAL ) The panel of judges referred to in paragraph CARDINAL shall be composed of CARDINAL ORG judges . They shall be elected by a plenary session of ORG .", "... “" ]

[ "12", "13", "6" ]

[ "6-1" ]

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[ "The applicant is an NORP national , born in DATE and living in GPE . She is represented before the ORG by PERSON and ORG , a firm of solicitors practising in GPE .", "A.", "The applicant is the natural mother of CARDINAL children born on DATE , CARDINAL DATE and on DATE . At the time of the birth of her third child ( “ D ” ) , the applicant had a history of substance abuse and of depression . Her relationship ( often violent ) with the father of D had ended , he having commenced a long prison sentence . D was placed in an incubator when he was born until his discharge from hospital on DATE . On DATE , the applicant signed the Admission to Care form to have D placed in pre - adoptive foster care under the supervision of ORG and D was immediately handed over to foster parents . On DATE D was placed with the prospective adoptive parents . On DATE the applicant signed the final consent form for the adoption .", "Having recovered from her drug addiction , the applicant wished to obtain the return of D and to challenge the consent to adoption she had signed . Having received notification dated DATE that the final adoption order would be made , on DATE she requested PERSON ( ORG ) not to proceed with the adoption and on DATE notified ORG orally that she wanted her child back . By letter dated DATE the Registrar of ORG confirmed to the applicant that her consent for the adoption would be regarded as withdrawn .", "In DATE the applicant went to ORG where she was informed that she would have to wait DATE for an appointment to discuss a legal aid application and that there was a DATE delay before ORG could act . She did not , therefore , fill out the necessary legal aid application forms . She returned twice to that office and failed to obtain legal aid or advice . Given that time was of the essence for the applicant , as D was living still with the prospective adoptive parents , she consulted a voluntary agency and a social worker who put her in touch with a firm of solicitors ( her current legal representatives ) . She contacted that firm of solicitors in DATE . The latter took instructions , instructed Counsel and on DATE issued proceedings on behalf of the applicant seeking sole guardianship of the child pursuant to LAW DATE . Since it was clear to her representatives that the applicant , a single impecunious mother , could not discharge their fees , they contacted ORG by telephone in DATE . The latter confirmed that , while the applicant would qualify for legal aid in relation to her means , there remained the issue relating to that ORG ’s view of the merits of her case . No legal aid application forms were filled out at that stage .", "On DATE the prospective adoptive parents also issued proceedings to dispense with the applicant ’s consent to adoption and seeking sole custody of D for the period required to make the adoption order . The prospective adoptive parents were legally aided . ORG hearing in both proceedings took place DATE in DATE and DATE . ORG heard substantial evidence from social workers , a medical doctor , a psychiatrist , a psychologist , the applicant and from the prospective adoptive parents . It took DATE to deliver the judgment orally ( CARDINAL , DATE and DATE ) . ORG found , on the facts , that the applicant ’s consent for adoption had been freely and properly given . As to the best interests of D , it was noted that D had been with the prospective adoptive parents for CARDINAL years and that it was considered that the evidence was that a move at that stage would be traumatic for D and could damage his future capacity to make sound and trusting relationships . It was considered that D had been placed in a household where he would receive great love , care and attention . ORG ordered that the applicant ’s consent to adoption be dispensed with pursuant to section CARDINAL(CARDINAL ) of LAW , that ORG be authorised to make an adoption order and that the prospective adoptive parents have custody of D for DATE , a period calculated to allow the adoption to be completed . ORG made a “ strong recommendation that ORG look favourably ” on the applicant ’s representatives’ request that her costs of the CARDINAL proceedings be discharged by that ORG .", "The applicant ’s representatives and ORG subsequently failed to resolve the matter , ORG taking the view that since no application forms had been filled out , no legal aid certificate had issued and that it did not therefore have the power to make the payment , even under section CARDINAL(CARDINAL ) of ORG . On DATE the applicant ’s representatives brought the issue of legal costs before ORG .", "On DATE the ORG gave judgment on the costs issue . It commented that the hallmark of the applicant ’s case was “ meticulous preparation and careful presentation ” . It referred to the “ modest ” sums claimed by the applicant ’s representatives and , in that context , noted that the applicant herself had made it clear that she regarded her case as having been fully put before the ORG . It also took note of the applicant ’s inability to obtain legal aid or assistance urgently in DATE and that , accordingly , the required forms for applying for legal aid were not filled out at the time . In that court ’s view it would have been a grave injustice if the natural mother ’s costs were not met because her legal representatives , who presented her case “ diligently and ably ” , would in practical terms not be remunerated . ORG considered that the applicant would have qualified for legal aid had she applied on time , given the nature of the case and her financial circumstances . It was found that , if an order for costs was made against the prospective adoptive parents , the applicant ’s case would fall within the terms of section CARDINAL(CARDINAL ) of ORG . The court therefore made an order for costs against the prospective adoptive parents but put a permanent stay on the order and obtained an undertaking from the applicant not to enforce those costs .", "On DATE ORG gave judgment on the prospective adoptive GPE appeal from this costs order against them . ORG accepted that neither the applicant nor the prospective adoptive parents were in a position to discharge the former ’s legal costs . ORG considered that , while the High Court ’s order was intended to allow payment to the applicant under section CARDINAL(CARDINAL ) of ORG , ORG had acted without jurisdiction . ORG allowed the prospective adoptive GPE appeal and set aside the order of ORG . The Chief Justice ( with whom CARDINAL of the other judges concurred ) stated , inter alia , as follows :", "“ I < allow the appeal > with regret because I fully appreciate the efforts made by the solicitor who undertook the case on behalf of the natural mother in accordance with the highest traditions of both branches of the profession , that they were not going to let a person who had the constitutional right of access to the courts be deprived of that by reason of the apparent and alleged delays in the administration of the civil legal aid scheme . It is unfortunate that there should have been such delays if they existed which deprived the natural mother of the possibility of getting a certificate of legal aid in time in order to deal with a matter which was of extreme urgency . The ORG has from time to time been faced with problems caused by delay in the bringing and prosecution of appeals against decisions of ORG in respect of these proceedings and to a very considerable extent , these delays have been substantially contributed to by the costs of the proceedings , the difficulty which existed in obtaining a certificate for the civil legal aid in time in order to bring these proceedings to a fairly rapid conclusion . In many cases because of the delays , the ORG has often found it obliged not to alter the status quo with regard to children involved because they had grown up and were DATE and irrespective of the rights and wrongs , obviously the paramount interest of the child required that they be left where they were irrespective of the merits of the application of the natural mother .", "I have , as I said , felt obliged to allow the appeal … but do so with regret because it would be much more desirable if access to the courts were made easier for people in the position of the natural mother . She would not have been entitled to or able to avail of that access were it not for the action of her solicitor in undertaking the case and it is in my opinion regrettable that there is not in existence or was not at the time a system whereby a solicitor in the position of the solicitor in this case could obtain reasonable remuneration for his efforts . The problem about making a recommendation to ORG even at this stage is compounded by the fact that they say that they had no power to accede to the recommendation , so no useful purpose would appear to be served in making any further recommendations in this regard . ”", "B. Relevant domestic law", "Section CARDINAL(CARDINAL)(CARDINAL ) of the Legal Aid Scheme provides that a certificate which is granted after the commencement of the proceedings in respect of which it is sought will not be extended to cover any action taken or costs incurred prior to the issue of the certificate .", "Section CARDINAL(CARDINAL ) of that scheme provides that ORG may make ex gratia payments towards the costs of an unaided person but only in cases where the costs have been awarded against a legally aided person and provided that , inter alia , the proceedings in the court of first instance were instituted by the unsuccessful legally aided person ." ]

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[ "The applicant was born in DATE and is currently imprisoned .", "On DATE the applicant , Mr NORP and PERSON PERSON were arrested by the police on suspicion of having committed a murder .", "On DATE , given the gravity of the offence of which the applicant was suspected , the investigator of ORG decided that the applicant should be remanded in custody for DATE . The same day ORG issued the arrest warrant , authorising thereby the investigator ’s decision .", "On DATE ORG extended the term of the applicant ’s detention until DATE .", "On DATE the applicant , Mr NORP and PERSON PERSON were charged with murder .", "On DATE the investigator completed the investigation and gave the applicant and the co - accused access to the case file . However , on DATE the investigator reopened the investigation and additionally charged the applicant with aggravated robbery . On DATE the investigation was completed and the applicant and the co - accused continued studying the case - file until DATE .", "On DATE the supervising prosecutor approved the bill of indictment and transferred the case file to ORG ( hereafter “ the ORG ” ) for trial proceedings .", "On DATE ORG committed the applicant and the co - accused for trial and held that the preventive measure in their respect was to remain unchanged . The hearing took place in the presence of the prosecutor , but the applicant and his lawyer were absent .", "On DATE ORG held a hearing in the applicant ’s case , where it considered several applications submitted by the co - accused and adjourned consideration of the case until the requisite technical facilities could be installed for the proceedings . According to the applicant , ORG also adjourned consideration of his release request , lodged before the hearing .", "According to the applicant , in the period DATE and DATE he lodged CARDINAL requests for his release with ORG , referring to his health problems and relying on his right to a trial within a reasonable time or release pending trial as guaranteed by LAW . Those requests remained unanswered however .", "On DATE , CARDINAL , DATE , DATE and DATE ORG held hearings in the case during which it examined the evidence and questioned the defendants and witnesses .", "Further court hearings took place on CARDINAL and DATE , CARDINAL , DATE , DATE , DATE , DATE , and DATE , and CARDINAL and DATE , during which ORG continued examining the evidence and questioning witnesses . Within that period the hearings were adjourned CARDINAL times because CARDINAL of the defendants was feeling ill and twice because the counsel of the other defendant failed to appear before the court .", "In a letter of CARDINAL DATE the Deputy President of ORG informed the applicant that his latest complaint about the excessive length of the proceedings had been rejected on the same basis as the previous ones , namely that there were compelling and valid reasons for the delays in the proceedings . However , the nature of those reasons was not specified in the letter .", "On DATE ORG considered the applicant ’s release requests and rejected them , holding that he was charged with a grave offence and , if at large , might influence the proceedings . ORG further adjourned the case in order to question additional witnesses .", "On DATE ORG found , inter alia , that the applicant was guilty of having committed a murder and aggravated robbery . It sentenced him to CARDINAL years’ imprisonment , minus the time spent in pre - trial detention , and ordered the confiscation of his property . On DATE ORG upheld that judgment .", "During his detention on remand the applicant wrote letters in which he complained about his conditions of detention to various officials , including a public prosecutor supervising penitentiary establishments , the ORG , ORG and Members of ORG . In accordance with the prescribed procedure , these letters were sent through officials at the detention centre , who dispatched them to the addressees . The applicant ’s letters were subject to automatic monitoring and censorship except for those addressed to the prosecutors and , in the later stages of his detention , to the ORG .", "According to the applicant , in DATE , while being held in the detention centre , he wrote a complaint to ORG , describing the ill - treatment and arbitrary punishment inflicted on him by officials at the detention centre . He sent the complaint without going through the officials at the detention centre , in violation of the domestic legislation . Shortly after the complaint had reached the addressee , the governor of the detention centre punished the applicant with CARDINAL days’ confinement in a disciplinary cell for breaching the procedure for sending letters .", "Article CARDINAL of the PERSON provides that the detainee or his defence counsel or legal representative may appeal against the prosecutor ’s arrest warrant to the relevant district ( city ) court . The appeal may be lodged directly with the court or through the officials at the pre - trial detention centre , who must send the appeal to the relevant court within TIME of receiving it .", "On DATE amendments were introduced to the Code , providing that within TIME the arrested criminal suspect was to face the court for deciding on his further detention .", "Article CARDINAL of the LAW provides , inter alia , for the court to set out interim decisions on preventive measures in the form of a separate document .", "According to LAW the court , if appropriate , may order , change , or discontinue a preventive measure in respect of the defendant .", "Section CARDINAL of the LAW provides , inter alia , for persons detained on remand to be able to correspond with relatives , other persons and legal entities upon written consent by the authority in charge of the criminal case against the detainee concerned .", "The officials of the detention centre must review all the letters of the detainees except for those which are addressed to the prosecutor . Since DATE this exception has been extended to cover letters addressed to the ORG .", "If the letter is related to the criminal case against the detainee concerned it has to be handed over within DATE to the authority in charge of the detainee ’s criminal case for consideration . Letters containing information which can obstruct justice must not be dispatched to the addressee but must be handed over to the authority in charge of the detainee ’s criminal case . The detainee and the prosecutor must be informed of the interception made .", "If a letter is not related to the detainee ’s criminal case , it must be answered by the officials at the detention centre or sent to the addressee .", "The same section of the LAW requires any appeal against the prosecutor ’s arrest warrant authorising pre - trial detention as a preventive measure to be sent by the detention centre to the relevant court within TIME . The prosecutor must be notified at the same time .", "Under LAW of the LAW detention centre officials may impose on detainees who violate detention regime rules such penalties as warnings or reprimands , additional cleaning of the cell or a DATE ban on buying food and receiving parcels .", "If a detainee intentionally violates detention regime rules , he may be placed in a disciplinary cell for DATE , following a reasoned order issued by the governor of the detention centre .", "The section further stipulates that the penalties imposed on detainees should be proportionate to the gravity and nature of the infringement .", "Paragraph CARDINAL of the ORG provides that in accordance with LAW , the subject of appeal shall only be the arrest warrant issued by the prosecutor for the detention of the suspect or accused , and not the decision of the investigator or the investigating body concerning the applicable custodial preventive measure or the decision of the court ( judge ) to detain the defendant ." ]

[ "5", "6", "8" ]

[ "5-3", "5-4", "6-1" ]

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[ "The applicant , PERSON , is a NORP national , who was born in DATE and lives in GPE , GPE . She is represented before the ORG by PERSON , a lawyer of the law firm PERSON , ORG practising in GPE . The respondent Government are represented by PERSON ORG , ORG , of ORG .", "The facts of the case , as submitted by the parties , may be summarised as follows .", "In a questionnaire dated DATE ORG informed the applicant that she was suspected of having damaged Mr PERSON ’s car on CARDINAL or DATE . The police informed her that she was free to make a statement on this accusation in writing or to remain silent .", "On DATE ORG received the questionnaire completed by the applicant , in which she stated that she did not admit the crime she was suspected of . She wrote that she did not wish to make a statement herself and that she left it to her lawyer to deal with the matter . She went on claiming that she considered the behaviour of Mr W. to be an act of revenge on her .", "In a letter dated DATE the applicant ’s lawyer ORG notified ORG that he represented the applicant and requested to grant him access to the case file . Although he stated in this letter that a power of attorney was enclosed , the letter did not contain this document .", "On DATE the public prosecutor applied to ORG to issue a penal order against the applicant .", "In a letter dated DATE addressed to ORG the applicant ’s lawyer PERSON repeated his request to inspect the case file .", "On DATE ORG issued a penal order ( PERSON ) against the applicant in a summary procedure . The applicant was convicted of damage to property and sentenced to a fine of CARDINAL Deutschmarks per day for DATE .", "On DATE counsel PERSON ’s letter recalling his motion to be granted access to the case file reached ORG .", "On DATE the penal order was served on the applicant by way of a notice in her letter - box to collect a letter deposited at ORG , as the postman had not found anyone at the applicant ’s home . The applicant did not collect this letter . The applicant ’s counsel was not sent a copy of the penal order .", "On DATE the penal order became final , since no objection had been lodged by the applicant within the DATE time - limit under the relevant provisions of LAW ( Strafprozeßordnung – see ‘ Relevant domestic law’ below ) .", "On DATE ORG issued a payment order ( GPE ) against the applicant in respect of the fine .", "On DATE ORG ordered the imprisonment of the applicant for default of payment of the fine ( GPE ) . The order was served on the applicant on DATE , again by way of a notice in her letter - box to collect a letter deposited at ORG . The applicant also did not collect this letter .", "On DATE ORG issued a warrant to bring the applicant before the competent authority ( PERSON ) . The warrant contained a reference to the date and filenumber of the penal order , to the offence the applicant was convicted of and to the amount of the fine .", "On DATE an officer of the police station which had been instructed to execute this warrant phoned the applicant , informed her of the warrant and requested her to come to the police station . The applicant did so and was informed by a police officer about the warrant and the existence of the underlying penal order . In the following discussion the applicant denied having damaged the car of Mr W. , her former partner . She paid the fine in order to prevent the execution of the warrant .", "In a letter dated CARDINAL DATE , which reached ORG on DATE , the applicant ’s new lawyer , who has represented the applicant since then , requested ORG to grant him access to the case file . He stated that he had been informed by the applicant of the measures taken to enforce a sentence without her having received a penal order or a judgment .", "On DATE ORG granted the applicant ’s new lawyer access to the case file . The file reached the lawyer on DATE .", "By a letter dated DATE , which reached ORG on DATE , the applicant ’s new lawyer lodged an objection against the penal order after having inspected the case file . At the same time , he submitted an application for reinstatement of the proceedings ( Wiedereinsetzung in den vorigen Stand ) with respect to the DATE timelimit for lodging the objection . He argued that it was not the applicant ’s fault that she did not comply with this time - limit . She had not received the penal order . Since she had instructed a counsel , she was confident that services would be effected on her lawyer , and that she did not have to attend to the observance of any time - limits herself .", "On DATE ( decision served on DATE ) ORG dismissed the applicant ’s request for reinstatement as inadmissible . Consequently , it dismissed her objection against the penal order as inadmissible . It found that the request for reinstatement was filed out of time . According to the court , the applicant was informed of the content of the penal order when she came to the police station on DATE . Neither she nor her new counsel applied for reinstatement of the proceedings within the DATE time - limit running from DATE . The court found that , in any event , the application for reinstatement of the proceedings was ill - founded . It was not credible that the applicant had neither received the penal order nor any of the other documents served on her , because the address to which the documents had been sent was correct . Therefore , it was the applicant ’s fault that she did not comply with the timelimit to lodge an objection against the penal order .", "On DATE the applicant lodged an appeal ( sofortige Beschwerde ) against the decision of ORG . She stated that in DATE several letters to her or her neighbours did not reach their addressees . She claimed in particular that , even assuming that the notification of the penal order was valid , it was contrary to her right to a fair trial and to be heard that ORG had neither granted her lawyer access to the case file nor informed him that it had issued a penal order . She therefore had to be granted reinstatement . She disputed that she had been informed of the contents of the penal order by the police on DATE . In fact , the competent police office was unable to explain to the applicant ’s lawyer who had called him on DATE why the applicant had to pay a fine . Therefore , the time - limit of DATE to apply for reinstatement of the proceedings did not start running before the applicant ’s counsel had inspected the case files and was consequently observed .", "On DATE ( decision served on DATE ) ORG , endorsing the reasons given by ORG , dismissed the applicant ’s appeal as ill - founded .", "On DATE the applicant lodged a constitutional complaint with ORG . She claimed that her right to be heard had been violated by ORG by not granting access to the case file to her lawyer , not hearing her via counsel before issuing the penal order , not informing the latter that a penal order had been issued and not granting reinstatement of the proceedings .", "On DATE ORG , without giving reasons , refused to admit the applicant ’s constitutional complaint . The decision was served on the applicant ’s lawyer on DATE .", "By a letter dated DATE , which was posted on DATE , the applicant sent her first submissions to the ORG . In these she set out the object of her application , including the underlying facts and her complaints , and enclosed copies of all relevant court decisions . The completed application form dated DATE , in which the applicant referred to her first submissions , reached ORG .", "Sections CARDINAL et seq . of LAW ( GPE ) provide for the imposition of a penal order , without a trial , in cases concerning minor offences . ORG may lodge a motion to ORG to issue a penal order , setting out the offence the accused is charged with and fixing the sentence . The judge must issue the penal order if there are no grounds for refusing it , that is , if he has no objections to deciding without a trial hearing , agrees with the legal assessment of the case and does not wish to impose a different sentence . The written penal order must contain a reference to the fact that the penal order should be final , binding and enforceable if the accused fails to lodge a written objection with ORG or have such an objection taken down in writing at the court ’s registry within DATE of service .", "If the objection reaches the court within the prescribed time - limit , normal trial proceedings are instituted , and ORG conducts a hearing . If the accused was prevented from complying with the time - limit through no fault of his own , a motion to have the proceedings reinstated may be brought . According to Sections DATE of the Code of Criminal Procedure this motion must reach ORG within DATE from the cessation of the impediment due to which the objection could not be lodged in time . The facts justifying the motion shall be substantiated at the time the motion is filed or during the proceedings concerning the motion .", "Pursuant to Section CARDINAL of LAW the service of documents is governed by Sections CARDINAL and CARDINAL of the Code of Civil Procedure ( Zivilprozeßordnung ) . If a document can not be served personally , it may be deposited , inter alia , at the local post office . In that case a written notice of deposit must be left at the recipient ’s address in the manner customary for ordinary letters .", "Section CARDINALa of LAW provides that if a decision is served on the accused , the defence counsel must be informed thereof at the same time and must be provided with a copy of this decision , even if there is no written power of attorney in the case file .", "The defence counsel ’s right of access to the case file is governed by Section CARDINAL of LAW . A defence counsel is entitled to consult the case file as a whole as soon as the preliminary investigation has been terminated and , in principle , also during the preliminary investigation , if the purpose of the investigation is not endangered thereby . During the preliminary investigation , it is for ORG to decide whether or not to grant access to the file ; thereafter it is for the president of the trial court ." ]

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[ "The applicant , a NORP national born in DATE , was arrested on DATE for an assault causing its victim to be certified unfit for work , having attacked his ex - wife with a hammer . He was placed in detention pending trial , first in a CARDINAL - person cell ( see paragraph CARDINAL below ) and then on a ward in the psychiatric wing of ORG .", "On DATE ORG ( chambre du conseil ) of ORG imposed a detention order on the applicant pursuant to section CARDINAL of the “ LAW of DATE ( see paragraph CARDINAL below ) . It decided that , pending his detention in an institution to be designated by the competent mental health board ( see paragraph CARDINAL below ) , PERSON would be held provisionally in the psychiatric wing of ORG . The order was worded as follows :", "“ ORG of ORG ,", "…", "Adopting the reasons set out in the public prosecutor ’s written submissions ;", "…", "Finds that the accused committed the acts referred to in the prosecution submissions … ;", "Notes that at the material time the accused was suffering from a severe mental disturbance which made him incapable of controlling his actions and that he is still suffering from the same condition ;", "Orders the accused to be detained ;", "Orders that , pending the detention of the accused , who is at present in prison , in an institution to be designated by ORG , he shall be detained provisionally in the psychiatric wing of ORG . ”", "On DATE a psychiatrist sent the mental health board for the psychiatric wing of ORG the following report :", "“ PERSON , a detainee who is at present being held in the psychiatric wing of ORG , is a subject with a very fragile , badly organised personality and is at best what could be described as a borderline case . He is a severely addicted drug user who has been involved for DATE in a sado - masochistic relationship with a young woman . He is extremely anxious in the common room of the wing , continually asks for his medication to be changed and is perpetually plunged in ruminations about how the relationship with his girlfriend on the outside is working out . His mental masochism is patently obvious to anyone listening to him and it would seem that he urgently requires the full benefits of an institution better equipped to calm the constant anxiety he feels at the moment . It is therefore an urgent matter for him to be able to leave the psychiatric wing of ORG . ”", "On DATE ORG designated ORG as the place where the applicant should be detained .", "On DATE the applicant requested leave in order to go back to live with his grandfather . In support of this application his family doctor , who had consulted the psychiatrist attached to the psychiatric wing , had on DATE sent ORG the following note :", "“ I am writing to you concerning Mr PERSON , who seems to have been making satisfactory progress recently . That applies to both his behaviour and his short and medium - term projects .", "Renewable leave would provide just the right opportunity to observe his behaviour and the way he sets about his projects outside the prison environment . ”", "NORP In a decision of CARDINAL DATE ORG rejected the application in the following terms :", "“ It is not acceptable that our decision of CARDINAL DATE placing [ the applicant ] in ORG has still not been executed .", "That failure of administration on the part of the responsible authorities is harmful to the person concerned , who is not getting the treatment required by the condition which led to his detention .", "However , ORG can not countenance any form of release which would make the person concerned a danger to himself and others . ”", "On DATE , DATE after the judgment given by ORG ( see paragraph CARDINAL below ) , the applicant was transferred to ORG .", "On DATE ORG , at the applicant ’s request , decided to release him on probation on the grounds that “ the detainee ’s mental state [ seemed ] to have improved sufficiently ” and that “ the conditions of his social rehabilitation [ were ] such as to permit the belief that he [ was ] no longer a danger to society ” . It made its decision subject to a number of conditions , which included the obligation to accept medical and social supervision and the obligation to live at ORG .", "On DATE Mr PERSON was released .", "On DATE , having regard to the deterioration of the applicant ’s behaviour and the breach of the conditions for his release , particularly abstention from heroin and alcohol , ORG again ordered his detention and designated ORG for that purpose .", "On DATE , being still detained in the psychiatric wing of ORG , PERSON , together with CARDINAL other prisoners in the same situation , applied to the President of ORG for an injunction ordering his immediate transfer , with a penalty of MONEY ( BEF ) per day of delay . Among other allegations , he submitted that the conditions of his detention constituted inhuman and degrading treatment within the meaning of LAW .", "On DATE the President of ORG ruled that the applicant ’s continued detention at PERSON was unlawful and constituted a trespass to the person which should be terminated as quickly as possible . He ordered the ORG to transfer Mr Aerts to ORG and ruled that if the ORG did not comply with the injunction within DATE of its being served , it would have to pay the applicant a penalty of QUANTITY day of delay .", "The ORG appealed on DATE . On DATE ORG set aside the injunction of DATE and ruled that there were no grounds for using the summary procedure . It held in particular that implementation of a mental health board ’s decisions was an administrative act which fell outside the jurisdiction of the ordinary courts and that in the present case the administrative authorities had not committed a trespass to the person which was actionable in the civil courts . It gave the following reasons for its judgment :", "“ The respondents are subject to a detention order and ORG was designated , by ORG decisions of ... and … respectively , as the place where they were to be detained . They have not been transferred there and are still being held in ORG psychiatric wing . The appellant submits that , because of a shortage of places in ORG , it has been obliged to draw up a waiting - list , on a ‘ first come , first ORG basis , and that the person at the top of the list is transferred to ORG as soon as a place becomes available as a result of the release of another inmate whose condition has improved . The appellant adds that extensive work has been carried out in order to increase the capacity of ORG and that the opening of a new building there on DATE has already enabled several detainees on the waiting - list to be transferred ; that the others will be admitted there gradually , for security reasons and to allow the supervisory personnel time to familiarise themselves with their duties ( see the director ’s report of DATE ) ; and that it is possible that the respondents will very shortly benefit from the opening of this new building .", "Although the respondents clearly have a right to be transferred to an institution where they will receive a scientifically organised course of treatment devised by psychiatric staff , it has to be recognised that in ORG the chronic overcrowding , resulting in a deplorable lack of privacy not conducive to successful treatment , is now coupled with a marked lack of security and premises that are close to being unhygienic , so that treatment there is failing ( see the descriptions in CARDINAL cases in ORG ) , CARDINAL of CARDINAL , reported in ORG [ Revue de Jurisprudence de Liège , PERSON ] DATE , CARDINAL and CARDINAL of CARDINAL.CARDINAL.CARDINAL ( GPE v. PERSON , C. and T. , complaint no . PERSON ) . The appellant has had to postpone transferring inmates subject to detention orders to this centre lest this worsen the situation , and has introduced the waiting - list system , which has been severely disrupted by a number of injunctions – accompanied by high penalties – giving certain inmates priority for reasons difficult to justify . The fact that the appellant has complied with these decisions DATE essentially because of the burden represented by the penalties – can not be interpreted as meaning that it has decided once and for all to waive any challenge to the ordinary courts’ power to intervene in this area ; circumstances which suggest that a right has been waived must be interpreted narrowly and such a waiver can be deduced only where those circumstances are not open to any other interpretation ( PERSON . [ Court of Cassation ] CARDINAL.CARDINAL.CARDINAL , reported in Pas . [ Pasicrisie ] DATE , I , CARDINAL ) .", "Unlike decisions on the release of an inmate subject to a detention order , which count as judgments ( jugements ) by virtue of their subject matter ( see PERSON . CARDINAL in LOC . DATE , I , DATE , and the opinion of Advocate - General Mahaux ) , mental health board decisions designating the institution in which a person subject to such an order is to be detained do not concern liberty of person , but only the manner in which a detention order is to be executed ( see PERSON , ‘ ORG commissions de défense sociale’ , ORG [ Revue de droit pénal et de criminologie ] , DATE , p. CARDINAL , § CARDINAL ) . By their very nature , they are not covered by LAW .", "The execution of these decisions is an administrative act , not a regulation ( règlement ) governed by LAW .", "The appellant does not deny the respondents’ right to be transferred to ORG , but argues that they should not be transferred immediately because of the overcrowding there , the resulting disorder and the potential security problems both for staff and other citizens . The decision to continue to hold the surplus numbers of mentally disturbed offenders in prison psychiatric wings is therefore a choice which the authorities have made after weighing the detainees’ right to the most appropriate medical treatment against general security requirements .", "That choice is an administrative act of exactly the sort not subject to review by the ordinary courts .", "Although the ordinary courts have jurisdiction to order the measures necessary to end or prevent any wrongful infringement of an individual right , they are prohibited from examining the appropriateness of a measure taken by an administrative authority , and from acting as an administrative authority ( see the conclusions of PERSON , now ORG but at that time Advocate - General , in GPE . CARDINAL , Pas . DATE , I , p. CARDINAL , and in particular p. CARDINAL ; and GPE . DATE , RG DATE , GPE v. V.D.E. ( in liquidation ) ) . A judge dealing with applications for injunctions can not , without interfering with the administration ’s general policy , question the expediency of a decision to draw up a waiting - list and disrupt the order of that list by ruling , under threat of a penalty , that a mentally - disturbed offender cared for in less favourable conditions in a psychiatric wing must be transferred immediately . There must , in any event , be other possibilities for transfer , since a mental health board – and in cases of emergency , the chairman alone – can , even of its own motion , send an inmate to another State - run DATE or , in exceptional cases , private – institution .", "The only court which has considered this issue on the merits found ( see ORG ) , case of H. and PERSON GPE , DATE ) that the detention was nevertheless still legal , thus ruling out the existence of an arbitrary trespass to the person . The shortage of places in prisons no doubt justifies the building of additional accommodation , but this work – besides being impossible to complete TIME – entails financial commitments which are a matter of general policy not subject to review by the courts . The opening of the new building at ORG is an illustration of the appellant ’s concern about the problem of dealing with persons subject to detention orders .", "The observations made in DATE by the President of ORG , on the basis of an inspection of the LOC and a judicial investigation , provide a clear comparison between the regimes and types of treatment provided for the inmates at ORG and in the PERSON psychiatric wing ; this comparison excludes any need for a new inspection and enables this court to draw the conclusion that , although the situation of mentally disturbed offenders in PERSON is not ideal , and may jeopardise their recovery , the regime under which they DATE including the respondents – live there can not be likened to inhuman or degrading treatment as prohibited by ORG . ”", "On DATE the applicant applied for legal aid in order to appeal on points of law against the judgment of DATE . In support of his application , he put forward the following arguments :", "“ It appears from the judgment that ORG left unanswered the appellant ’s argument alleging a violation of LAW above - mentioned ORG .", "In its judgment of CARDINAL DATE ORG did not reply to this argument , although the provision concerned was cited by the appellant , although the court of first instance did implicitly but undeniably reply to it and although it was implicitly but undeniably reproduced by the appellant in his submissions to ORG , which essentially asked the court to uphold the order appealed from .", "It therefore appears that the above - mentioned judgment of DATE breached , inter alia , LAW .", "Moreover , ORG judgment of DATE is in total contradiction with a judgment given by ORG of ORG on DATE , in which it upheld an injunction made in a similar case , ruling that the detention was unlawful and constituted a trespass to the person . ”", "In a decision of DATE ORG of ORG refused the application in the following terms :", "“ Whereas the appellant has supplied evidence of insufficient means ;", "Whereas the appeal does not at the present time appear to be well - founded ;", "The application is rejected . ”", "NORP The relevant provisions of LAW DATE “ for the protection of society against mental defectives and incorrigible offenders ” ( “ the DATE LAW ) read as follows :", "“ Where there are reasons to believe that the accused is suffering from a mental disorder or from a severe mental disturbance or defect making him incapable of controlling his actions , the investigating judicial authorities may , in those cases where pre - trial detention is provided for by law , issue an arrest warrant with a view to placing him under observation … ”", "“ Except in cases of serious crimes committed for political motives or through the medium of the press , the investigating judicial authorities and the trial courts may order the detention of an accused who has committed a serious crime and is suffering from one of the conditions set out in LAW .", "… ”", "“ For each psychiatric wing there shall be a ORG .", "ORG shall be composed of CARDINAL members : a serving or retired judicial officer , who shall preside , a lawyer and a doctor .", "The members of the ORG shall be appointed for DATE ; they shall each have CARDINAL or more substitutes .", "The chairman and his substitutes shall be appointed by the President of ORG . The lawyer and his substitutes shall be chosen by the Minister of ORG from CARDINAL lists of CARDINAL names , one submitted by the public prosecutor and CARDINAL by the President of ORG . The doctor and his substitutes shall be appointed by the Minister of ORG .", "… ”", "“ Detention shall take place in the institution designated by ORG .", "This shall be chosen from the institutions organised by the Government . ORG may , however , for therapeutic reasons and by means of a decision mentioning the precise reasons , order the person concerned to be placed and held in another institution able to provide an appropriate level of security and treatment .", "…", "If , at the time when the detention order is made , the accused is in prison , he shall be detained provisionally in the prison ’s psychiatric wing or , where there is no psychiatric wing , in the wing designated by the court which has ordered his detention . ”", "“ ORG may , of its own motion or at the request of the Minister of ORG , the public prosecutor , the detainee or the latter ’s lawyer , order the detainee to be transferred to another institution .", "An application by the detainee or his lawyer may not be resubmitted within DATE .", "ORG may allow the detainee to alternate detention with short periods of leave in accordance with conditions and rules to be laid down by the Minister of ORG . ”", "“ In an emergency the chairman of ORG may provisionally order transfer to another institution . His decision shall be referred to ORG , which shall determine the issue at its next meeting .", "In a like case , on grounds of security , the Minister of ORG may also provisionally order the transfer of the person concerned to another institution and shall inform the ORG immediately . ”", "“ The ORG shall monitor the detainee ’s condition and may for that purpose visit his place of detention or delegate CARDINAL of its members to do so . It may , of its own motion or at the request of the public prosecutor , the detainee or the latter ’s lawyer , order the detainee ’s release , without conditions or on probation , where his mental condition has improved sufficiently and the appropriate conditions for his social rehabilitation have been established . If an application from the detainee or his lawyer is rejected , it may not be resubmitted within DATE of rejection .", "… ”", "“ Where release on probation is ordered , the detainee shall be subject to medical and social supervision whose duration and conditions shall be specified in the order .", "Where his conduct or mental condition reveals a danger to society , particularly if he does not comply with the conditions imposed on him , the released detainee may , on an application from the public prosecutor of the district where he is found , be returned to detention in a psychiatric wing . The subsequent procedure shall be as laid down in sections CARDINAL and DATE . ”", "In DATE the President of ORG , as the judge responsible for hearing urgent applications , was for the first time asked to deal with problems arising from the continued detention in the psychiatric wing of ORG of persons who ORG had decided should be detained at ORG . This first application , lodged by PERSON and a PERSON , gave rise to an inquiry which included a visit to the psychiatric wing of ORG and interviews with the CARDINAL complainants and the doctors working at the FAC .", "The report on the visit to the LOC and the interviews with PERSON and PERSON , drawn up on DATE , is worded as follows :", "“ At TIME the Chairman declared the hearing open .", "We went into the psychiatric wing , which is separated off from the rest of the prison , and consists of :", "– CARDINAL central office , with CARDINAL supervisors , but no nurse ;", "– CARDINAL dormitory with CARDINAL beds in all , arranged along the CARDINAL sides of the room , with a bedside table next to each bed . CARDINAL of these beds are reserved for prisoner - helpers ( i.e. prisoners who are not mentally ill who have volunteered for this duty . They are considered trustworthy but have no special qualifications and are there to help the warders in the event of an incident ) . There are CARDINAL warders : CARDINAL on the ward and CARDINAL in the cell area ;", "– DATE - room with a television , a table - tennis table , CARDINAL tables and CARDINAL chairs , and a surveillance camera covering the whole room . This room is immediately opposite the dormitory , and was initially supposed to be a dormitory as well . The medical authorities decided it was better to designate CARDINAL as a sleeping area and the other as a day area ( where smoking is allowed ) ;", "– near the DATE - room , the washroom , containing CARDINAL toilets and a washbasin ;", "– near the dormitory , a separate bathroom with CARDINAL showers , a bath and CARDINAL washbasins ;", "– between the dormitory and the DATE - room , a corridor in which meals are served ;", "– a small room where , DATE , drawing and NORP classes are held for TIME ;", "– a cell area currently housing CARDINAL people , including QUANTITY people in twin cells ( CARDINAL x CARDINAL ) . A central corridor separates the cells , in which the occupants can watch television and play cards between CARDINAL and TIME In TIME , they are allowed to go out into the exercise yard for TIME , depending on the weather . In the twin cells , one foam mattress has been placed directly on the floor ;", "– a fairly spacious exercise yard reserved for the inmates of the wing ( of the ward and cell area alike ) .", "When we visited the common room the occupants stated that :", "– there were too many of them ;", "– they had nothing to do ;", "– they spent DATE in the day - room , which seemed a very long time to them ;", "ORG it was very hot ;", "– they did not have enough air because the windows were never opened ;", "– they were entitled to CARDINAL visit per week for TIME ;", "– they were not allowed to use the telephone ;", "– they could change their clothes only very rarely ;", "– they were sent all the misfits from other places ;", "– there were not enough supervisors ( CARDINAL during DATE , and often fewer at DATE ) ;", "– they had regular contact with the psychiatrist and were on very good terms with him .", "When we visited the cell area ,", "PERSON told us that :", "– he had no work to do , so time passed very slowly for him ;", "– he spent the whole day resting ;", "– he saw the doctor when he asked to but the doctor did not examine them of his own accord ;", "– there was no psychologist ;", "– from time to time he saw a social worker , but she was overworked as she had other duties in the prison and was not there DATE ; he therefore saw her only once a week at most ;", "– there were never any trips outside and no leave ;", "– relations with the doctor and the supervisors were very good .", "PERSON told us that :", "– he had no work , and could not do any sport ;", "– he was not allowed coffee or a lighter ;", "– there was no psychologist ;", "– he saw the social worker when he asked to , if she was there ;", "– the warders were good , but there were not enough of them . ”", "On DATE the President of ORG Instance interviewed the psychiatrist assigned to the psychiatric wing of ORG . His statement reads as follows :", "“ …", "I am neither a relative nor an associate of the complainants . I am the only neuropsychiatrist ( or doctor specialising in psychology ) in ORG . I work there for TIME a week : TIME on DATE , TIME on DATE , and TIME on DATE . The scope of my work is vast , as I am in theory responsible for looking after all the prisoners in GPE ( CARDINAL of them ) , not just the inmates of the psychiatric wing . It is the only prison in GPE where there is only one neuropsychiatrist for so many prisoners and people subject to detention orders . I spend CARDINAL of my time in the psychiatric wing . There are many different types of inmate : people under detention orders ; drug addicts who are sent to the wing when they first arrive in PERSON ( new ones arrive DATE ) ; prisoners DATE on remand or convicted DATE with a wide range of mental disorders ; and finally , people undergoing psychiatric observation , particularly at the request of an investigating judge . The wing has CARDINAL beds , including CARDINAL for prisoner - helpers , but in fact there are CARDINAL inmates . During DATE there are CARDINAL to DATE . The dormitory has CARDINAL beds and there are CARDINAL cells , currently housing CARDINAL people under detention orders . The figure CARDINAL is much too high , as these people need a lot of psychiatric and neurological care , and occupational therapy . They require treatment for acute problems , which is given . They should also be treated on an ongoing basis with a view to their social rehabilitation . They should have regular consultations with psychologists and social workers . I also think it is essential for them to be given work . And yet this ongoing treatment is non - existent .", "As for the people looking after them , there is CARDINAL part - time psychiatrist ( myself ) . There are no qualified nurses , only supervisors with no special training . There should be CARDINAL supervisors per shift , but there are often CARDINAL and sometimes even CARDINAL . The presence of these supervisors is very important for the inmates : they are there to listen to them , talk to them , stay on the ward and play games with those who want to , which is practically impossible given the high number of inmates and the low number of supervisors . They are also supposed to supervise the inmates’ visits and the exercise yard . CARDINAL of these supervisors , who is not a nurse , has to prepare the medication . There is no psychologist , and no occupational therapist , although one is needed to make work part of therapy . There is no tutor . There is CARDINAL social worker , who also works in other parts of GPE ( particularly with the women prisoners ) . The inmates under detention orders are also given a few music , LANGUAGE and NORP lessons by volunteer teachers , but much more could be done ...", "Inmates under detention orders may see me on request . I do not examine them systematically DATE . It would be better for me to see them regularly and talk with them , but this is quite impossible given their number and TIME I have at my disposal .", "[ After the above statement was read back to him , the witness added : ]", "Ongoing treatment is becoming increasingly necessary , given that the inmates under detention orders are spending longer and longer in the psychiatric wing , whereas they should be in a ORG .", "[ In reply to a question from Mr PERSON : ]", "The detainees can not be given intravenous injections , as these must be given by a doctor . They can be given only intramuscular injections , which should be given by a nurse but are given by supervisors whom I have shown how to do it . This can not cause any serious problems , however . I only see inmates at their request . Often , what they want is very specific , so that I need to spend only a short time with them . However , when they want to ‘ get things off their chest’ , I usually spend TIME with them , which I consider too little .", "[ In reply to a question from Mr PERSON : ]", "Generally speaking , intravenous injections may be required , particularly for acute depression . These injections can not possibly be given in the psychiatric wing , owing to the lack of qualified staff .", "… ”", "In an injunction of CARDINAL DATE issued on the application of Mr H. and PERSON , the judge responsible for urgent applications held that , where it had been decided that a person was to be detained at ORG , his continued detention in the psychiatric wing was in breach of “ both sections CARDINAL and CARDINAL of LAW of DATE and LAW . He took the view that the situation at PERSON was much less favourable than at ORG , noting that those detained there did not have the social , psychological and psychiatric care the LAW required , or regular medical attention from a psychiatrist , or an environment suitable for the treatment of psychiatric patients . He accordingly ordered the ORG to provide the complainants with a detention regime that complied with the LAW . When ORG came to consider the merits of the case , it held that the detention had remained lawful in spite of the long delay that had occurred before the transfer from GPE to ORG .", "NORP The President of ORG , sitting as the judge responsible for urgent applications , subsequently issued a number of injunctions along the same lines as that of DATE ; in each case the ORG complied .", "Hearing for the first time an appeal by the ORG against such an injunction , ORG , in a judgment of DATE ( NORP v. GPE judgment ) upheld a decision that it was unlawful to continue to hold a detainee at GPE despite ORG decision , in the following terms :", "“ Whereas ORG noted on DATE that the doctor responsible for the wing had written in his report of CARDINAL DATE that :", "– the inmates’ mental health was deteriorating on account of the conditions they found themselves in on the wing , where they were obliged to mix with a constant stream of drug addicts , who revived a craving for drugs among some of them ;", "– there was a serious risk of an irreversible deterioration of the patient ’s mental condition if he was left any longer on the wing , where it was obvious that he could not receive appropriate treatment ;", "– the failure to execute the detention order within a reasonable time invalidated the detainee ’s detention , which became unlawful , and a reasonable time had expired .", "Whereas the judge responsible for urgent applications rightly ordered payment of a penalty in default of compliance with his decision ;", "Whereas , indeed , the attitude of the appellant , which had shown some reluctance to execute the earlier decisions , justified such a measure … ”", "On a visit to GPE from DATE ORG for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment ( “ the CPT ” ) went to several places of detention , including ORG . In its report , made public on DATE , it noted in particular with regard to the psychiatric wing at GPE :", "“ CARDINAL . The psychiatrist mentioned of his own accord the problems and the inadequacies of the regime on the psychiatric wing . All the patients with whom the delegates spoke complained about their lack of contact with qualified staff , although they mentioned the positive attitude of the prison staff .", "Contact with the psychiatrist was extremely basic . Some patients saw him once DATE ; others , less frequently – for example , CARDINAL patient who had been on the wing since DATE had seen him CARDINAL times ; another , on the wing since DATE , who was obviously depressed and suicidal , had seen him once ; another , who had been transferred to the wing in DATE , twice . It appears that the consultations are extremely brief . In addition , some patients have claimed that they had to stand up during consultations .", "During our visit several patients under detention orders were waiting to be transferred to a ORG . CARDINAL had been designated for transfer to ORG since DATE and had been on the wing for DATE ( since DATE ) , while others had been waiting for their transfer for DATE . It is obvious that keeping mental patients detained for lengthy periods in the conditions described above carries an undeniable risk of causing their mental state to deteriorate .", "The ORG delegation was informed that , at the time , there was CARDINAL institution specifically designated as a ORG , at ORG , and CARDINAL other institutions ( either hospitals or prisons ) with a section reserved for people subject to detention orders . However , it appears that there are more such people than there are places at these institutions .", "The psychiatric wing admits patients needing psychiatric observation and/or care , but it has neither the facilities nor the staff appropriate to a psychiatric hospital . The standard of care of the patients on the psychiatric wing fell , in every respect , below the minimum acceptable from an ethical and humanitarian point of view .", "Consequently , the ORG recommends that the NORP authorities should take , without delay , the necessary measures to :", "– significantly increase the medical staff of the wing , which should include at least the equivalent of a full - time psychiatrist ;", "– assign sufficient numbers of qualified , psychiatrically trained nursing staff to the wing ;", "– ensure that qualified nursing staff are on stand - by on the wing at TIME and end the system of TIME supervision by prisoner - helpers ;", "– put in place personalised programmes of therapeutic activities involving the full range of treatment approaches ( psychological , social and occupational ) ;", "– create a personalised therapeutic environment where material conditions are concerned ( personal effects , wardrobes , sitting - rooms , washrooms separated from living quarters , etc . ) ;", "– more generally , make significant improvements to the physical living conditions .", "The ORG further recommends the NORP authorities to explore the possibility of replacing the dormitory with bedrooms for CARDINAL or CARDINAL patients .", "Lastly , the ORG recommends that the NORP authorities should make it a high priority to find a solution to the above - mentioned problem of the transfer of patients subject to detention orders . ”", "In an interim report made public on CARDINAL DATE , in reply to the ORG ’s report of DATE , ORG stated that it was incorrect to say that prisoners on the psychiatric wing at PERSON were left under the sole supervision of prisoner - helpers : CARDINAL prison officers belonging to the staff of the wing were present at TIME .", "ORG filed a follow - up report which was made public on DATE . This contained , inter alia , the following comments on the above - mentioned ORG report ( see paragraph CARDINAL above ) :", "“ [ re paragraph CARDINAL of the ORG ’s report ]", "It is important to note that a guidance and treatment unit ( UOT ) was created at ORG psychiatric wing in DATE . This unit , which has been operational since DATE , comprises a psychiatrist , a deputy director , CARDINAL psychologists , a social worker and an administrative assistant .", "The unit has organised a scheme involving co - operation with a social work college which trains prison tutors . As a result , trainee tutors from this college will be able to do the practical part of their course in ORG , under the supervision of the ORG staff .", "These trainee tutors will be responsible for designing a work structure capable of being expanded to accommodate other contributions . They will focus essentially on the psychiatric wing and the women ’s wing .", "Their aim will be to introduce occupational activities on the psychiatric wing , such as an occupational therapy workshop , an oral expression workshop , sport , etc … .", "In addition to the creation of the ORG , referred to above , steps are being taken to recruit a psychiatric nurse and a psychiatrist , for TIME a week . These trained staff will be assigned exclusively to the psychiatric wing .", "[ re paragraph CARDINAL of the ORG ’s report ]", "Only dormitory accommodation permits continuous ( CARDINAL-hour ) surveillance ; checks on cells could be made , at most ( where the rules require special surveillance ) once TIME .", "ORG considers that it is for the doctor in charge of the psychiatric wing to decide whether , in view of each inmate ’s particular condition , he should be placed in the dormitory or in a cell . Therefore , both possibilities should exist side by side .", "ORG , it should be remembered that the wing does have a small number of cells ( individual , twin or CARDINAL - bed ) .", "[ re paragraph CARDINAL of the ORG ’s report ]", "It should be explained at the outset that , under section CARDINAL of the Act of DATE ‘ for the protection of society against mental defectives and incorrigible ORG , mental health boards have the power to decide , quite independently , where a person is to be detained .", "These administrative authorities , CARDINAL of which exists for each psychiatric wing , are totally autonomous and have judicial powers . Thus , for instance , they can decide to release someone without conditions or on probation .", "A release order may be challenged by the public prosecutor . In this event , the case file is referred to a higher mental health board for a ruling . A decision not to release someone , on the other hand , may be challenged by way of an appeal to ORG .", "The boards place persons subject to detention orders in special institutions run by ORG ( ORG ( ORG ) and the mental - health sections of PERSON and ORG ) or in institutions run by GPE ( PERSON for women and ORG for men ) or in private psychiatric hospitals which agree to admit them .", "It appears that there are particular problems with implementing mental health board placement decisions in ORG ; problems of lack of money and of places .", "Historically , the mental health boards in the south of the country have been able to send people subject to detention orders to ORG ( in the case of women ) and ORG ( in the case of men ) . These institutions , which were originally run by the national ORG , and are now run by GPE , bill ORG to defray the cost of looking after the detainees placed with them .", "However , over a very short period and without prior notice , these charges , which are fixed by ORG , have increased very sharply , so that the amount allocated in the budget to cover them has turned out to be insufficient . It was necessary to request a further allocation , but this is granted only for DATE .", "As regards the problems of capacity , we must point out that the number of places in the ORG and ORG is such that , for DATE now , detainees have spent DATE on prison psychiatric wings before they can actually be transferred to the ORG designated by the relevant mental health board . They are therefore ‘ ORG on a waiting - list in chronological order .", "The fact that it is impossible to admit them immediately to their designated institution has led some of their lawyers to apply , almost systematically , to the president of the relevant court of first instance for an injunction to force GPE to implement the boards’ decisions .", "While ORG has had orders made against it at first instance in several of these cases – orders backed up by penalties – it is noteworthy that this has not been the case on appeal , where , for instance , it has been held ( see GPE . GPE , DATE ) that ‘ it is not for the ordinary courts to substitute their decision for that of the administrative authority and to order a detainee to be transferred regardless of the problems which that will pose for the administration , such as the choice of another ORG institution or , exceptionally , a private one’ and that , ‘ although LAW is not being fully complied with , the fact that the respondent is forced to mix with persons imprisoned under the ordinary criminal law can not be likened to inhuman or degrading treatment contrary to LAW . Similarly , an appeal decision of the same court of DATE held that ORG could rely on the defence of force majeure as it had neither the LOC nor the staff to comply properly with LAW .", "Although no such case is currently pending before ORG , it should be pointed out that on DATE a person subject to a detention order lodged an application against GPE with ORG . This case is still pending at the present time .", "It should also be pointed out that , in theory , ORG could provide CARDINAL more places . This extra capacity can be fully utilised only if considerable renovation work on the disused building is carried out and the staff is increased . The renovation project is planned for the medium term ( CARDINAL–CARDINAL ) .", "If the spare capacity did become available , the total number of places might attain the ‘ proper’ level . However , this increased capacity would obviously not save the boards having to send people to ORG , which has specialised equipment and staff . It is important to retain that possibility since ORG and private institutions alone are totally insufficient to meet the demand .", "Finally , it must be pointed out that the various federal and regional authorities involved in the problem of placing and treating persons subject to detention orders will be liaising in an attempt to find solutions . These negotiations will be organised by a working party to be set up by ORG , which will include representatives of the different parties involved . ”" ]

[ "5", "6" ]

[ "5-1", "6-1" ]

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[ "3", "5" ]

[ "5-4" ]

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[ "The applicant is a NORP citizen born in DATE . He is not represented in the proceedings before the ORG . This is his second application under the Convention . His first ( no . MONEY ) was declared inadmissible by ORG DATE ." ]

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[ "The applicant was born in DATE and lives in Batman .", "On CARDINAL DATE the applicant was arrested in the course of an armed clash between members of the security forces and terrorist militants .", "On DATE the applicant 's statements were taken by police officers .", "On DATE he was brought before the public prosecutor at ORG . The public prosecutor questioned him in relation to his involvement in terrorist acts . On DATE , the applicant was brought before a single judge of ORG who ordered his detention on remand .", "On DATE ORG filed a bill of indictment charging the applicant with carrying out activities for the purpose of bringing about the secession of part of the national territory . The charges were brought under LAW now defunct LAW .", "On DATE ORG held a hearing in the presence of a military judge . The applicant admitted that he was a member of an illegal organisation , namely the PERSON .", "At the hearing on DATE before ORG , the applicant stated that he was a “ guerrilla ” of the PERSON and apologised to his people and party for not being worthy of the organisation since he had failed to carry out the acts that he had undertaken . He however denied the veracity of the statements which he had given to the police officers .", "Between DATE and DATE ORG held CARDINAL hearings and issued decisions to the effect that the case - files concerning other criminal proceedings instituted against the applicant should be obtained from the other courts .", "On DATE ORG decided to join CARDINAL cases concerning different accusations against the applicant . It further decided to wait for the arrival of the case - files . The number of accused who were tried together with the applicant attained CARDINAL in total .", "DATE and DATE ORG held CARDINAL hearings and postponed each of them with a view to remedying certain procedural shortcomings in respect of the applicant 's co - accused .", "The applicant attended the hearing of DATE and claimed that he was under pressure in the prison and that he was hindered from appearing before the court . He did not specify who prevented him from appearing before the court . The court again postponed the hearing with a view to determining the address of CARDINAL of the applicant 's co - accused .", "The applicant and his co - accused did not attend the hearing of DATE .", "ORG postponed the hearings of DATE , DATE , CARDINAL DATE and DATE pending the arrest of CARDINAL of the applicant 's co - accused . The court also asked the public prosecutor to submit his observations on the merits .", "On DATE the public prosecutor submitted his observations on the merits of the case and sought the conviction of the applicant for the offence under LAW . The applicant asked for time to prepare his defence .", "The applicant did not attend the hearings of DATE , DATE and CARDINAL DATE . At the hearing held on DATE , the court decided to inform the accused that their defence submissions would be assumed to have been given if they did not attend the next hearing scheduled for DATE .", "The applicant did not attend the hearing of DATE and submitted a declaration on behalf of himself and all his co - accused that they would not attend the hearing . The court decided to request the prison authorities to ensure the attendance of the applicant and his co - accused at the hearing of CARDINAL DATE .", "NORP The applicant refused to attend the hearings of DATE , CARDINAL DATE , DATE and DATE in protest against the arrest of PERSON .", "Meanwhile , on DATE ORG amended Article CARDINAL of the LAW and excluded military members from the state security courts . Following similar amendments made on DATE to the PERSON on ORG , the military judge sitting on the bench of ORG hearing the applicant 's case was replaced by a civilian judge .", "The applicant attended the hearing held on DATE and read out his defence submissions . The court informed the accused that the final judgment would be delivered on DATE even if they refused to attend the hearing .", "On DATE ORG composed of CARDINAL civilian judges , convicted the applicant as charged and sentenced him to death under LAW . Taking into account the applicant 's behaviour during the trial , the death penalty was commuted to a life sentence . The applicant appealed .", "On DATE ORG upheld the judgment of ORG .", "The relevant domestic law and practice in force at the material time are outlined in the following judgments : PERSON v. GPE ( no . CARDINAL/CARDINAL , § § DATE , DATE ) , ORG v. GPE [ ORG ] , no . CARDINAL/CARDINAL , § § PERSON , ORG CARDINAL- ... ) .", "By PERSON no . CARDINAL of DATE , published in ORG on DATE , state security courts were abolished ." ]

[ "6" ]

[ "6-1" ]

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[ "6" ]

[ "6-1" ]

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[ "The applicant is a NORP national , born in DATE and living in GPE . She is represented before the Court by PERSON , a lawyer practising in GPE . The respondent Government are represented by Mr PERSON , their Agent .", "The facts of the case , as submitted by the parties , may be summarised as follows .", "On DATE the applicant claimed before ORG ( Pozemkový úrad ) , pursuant to LAW ( see “ Relevant domestic law ” below ) , restitution of real property which had been confiscated from a person who had been in the applicant ’s care . She submitted further information in support of her claim on DATE and CARDINAL DATE .", "On DATE the applicant informed ORG that an agreement on the restitution of the property had not been reached . As a result , ORG was called upon to decide on the applicant ’s claim in accordance with PERSON ( CARDINAL ) of LAW .", "On DATE ORG dismissed the claim on the ground that the applicant lacked standing to claim the restitution . The applicant sought a judicial review of this decision .", "On DATE ORG ( Krajský súd ) quashed ORG decision as being erroneous .", "On DATE the applicant requested ORG ( ORG úrad ) , to which the case had fallen to be examined , to decide on her claim speedily .", "On DATE ORG found , with reference to LAW ( CARDINAL ) of LAW , that the land claimed by the applicant could not be restored as it had been transferred to other individuals . The decision further stated that on DATE proceedings had started pursuant to ORG with a view to updating documentation relating to the plots in the area concerned . ORG concluded that it would be able to decide which plots could be restored to the applicant and for which plots she could receive other property in compensation only after the relevant entries were updated and after the existing property rights in respect of the relevant plots were ascertained . It therefore stayed the proceedings concerning the applicant ’s claim pursuant to LAW ( CARDINAL ) and CARDINAL of LAW pending the outcome of the administrative proceedings brought on DATE .", "On DATE the applicant lodged a constitutional complaint in which she challenged the ORG decision to stay the proceedings . She argued that there existed no relevant documents showing that the land in question was owned by individuals . The applicant complained that she was discriminated against as other ORG restitution claims had been granted prior to the entry into force of ORG . She further complained that the persons using the land at issue were in a more favourable position as they could possibly become its owners by prescription pursuant to LAW ( CARDINAL) of ORG .", "On DATE ORG informed ORG ( Ústavný súd ) that in DATE and in DATE the land confiscated from the applicant ’s relatives had been allocated to other persons . As there existed numerous lacunas in the relevant documents including the entries in the land registry , ORG considered it appropriate to ascertain the existing rights in respect of the land in question prior to deciding on the applicant ’s claim .", "In her submissions to ORG of DATE the applicant argued , inter alia , that the decision to stay the proceedings was contrary to LAW ( CARDINAL) ( b ) of ORG .", "On DATE ORG found that there had been no violation of the applicant ’s constitutional rights . It noted that the decision to stay the proceedings was of a procedural nature and that it did not determine the applicant ’s rights under LAW . ORG referred to the documents submitted to it by ORG and held it for established that the land in question had been allocated to other persons who had thereby become its owners . In ORG view , ORG decision to stay the proceedings brought by the applicant pending the determination of the existing titles in respect of the relevant property was therefore justified .", "ORG considered it irrelevant that in other cases the existing documentation permitted to decide on similar claims without the determination of any preliminary issues . Finally , ORG found erroneous the applicant ’s view that her claim should have been given priority by virtue of LAW ( CARDINAL) ( b ) of ORG .", "The proceedings brought under LAW on DATE appear to be still pending .", "LAW of DATE", "Section CARDINAL ( CARDINAL ) in conjunction with LAW of DATE ( PERSON o správnom konaní ) provides that an administrative authority shall stay proceedings before it when other proceedings concerning a preliminary issue are pending .", "Land Ownership Act of DATE", "Under LAW ( CARDINAL ) ( a ) of LAW of DATE ( PERSON o úprave vlastníckych vzťahov k pôde a inému poľnohospodárskemu majetku ) , land owned or lawfully used by individuals can not be restored .", "Section CARDINAL ( CARDINAL ) provides that in such cases other land of comparable size and quality owned by the ORG is to be transferred to the persons entitled to restitution .", "Plots Ownership Adjustment Act of DATE", "ORG of DATE ( PERSON o niektorých opatreniach na usporiadanie vlastníctva k pozemkom ) provides for certain measures aiming at , inter alia , updating documentation concerning the size of plots and the relevant legal titles where the data available is incomplete . For this purpose , the competent administrative authorities shall bring proceedings with a view to gathering the existing data and drawing up a new inventory of the plots . After its approval by a special commission such an inventory entitles the persons concerned to have their titles formally entered in the land registry .", "Section CARDINAL ( CARDINAL ) of ORG provides that in the course of the proceedings an administrative authority may issue , at the proposal of a party , a decision confirming that the claimant acquired the ownership of a plot by prescription . Pursuant to paragraph CARDINAL ( b ) of the same Section , such a claim can not be granted when the ownership of the plot is claimed by another person in the same proceedings or when it is the subject - matter of different proceedings brought , for example , under LAW .", "Complaints Act of DATE", "The Complaints Act ( Zákon o sťažnostiach ) was enacted on DATE and entered into force on DATE . It governs registration and examination of complaints lodged by individuals or legal persons alleging , inter alia , that their rights or legally protected interests were violated or jeopardised as a result of an action of a public authority or its failure to act . The explanatory report to LAW expressly states that its provisions extend to , inter alia , delays in proceedings before public authorities .", "Pursuant to LAW ) , LAW does not relate to submissions the examination of which is governed by other laws , e.g. complaints about delays in judicial proceedings which fall to be examined pursuant to ORG of DATE .", "Section CARDINAL ( CARDINAL ) of the Complaints Act provides , inter alia , that the head of the public authority concerned is responsible for examination of a complaint . When a complaint is directed against the head of a public authority , it falls to be examined by the hierarchically superior authority .", "Section CARDINAL provides that a complaint is to be examined within DATE from the date of its receipt . When co - operation of other authorities or persons is required , a complaint should be examined within DATE . In exceptional circumstances the time - limit for examination of a complaint may be extended by DATE .", "Under LAW ( CARDINAL ) of LAW , a record has to be drawn of the examination of a complaint . The record shall contain , inter alia , a statement of the relevant facts and also indicate by whom , how and when any shortcomings found have to be remedied . The person concerned is obliged to submit a report on how the conclusions were complied with .", "Section CARDINAL ( CARDINAL ) provides for informing the complainant about the outcome of the examination of his or her complaint . When a complaint was found to be justified , the complainant shall also be informed about any measures taken with a view to remedying the shortcomings found ." ]

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[ "The applicants were born in DATE and DATE respectively and live in GPE . The facts common to these cases are that the applicants were arrested and placed in custody in different times and places . During their custody period , they were interrogated by the police , the public prosecutor and the investigating judge respectively , in the absence of a lawyer . These statements were subsequently used for their convictions by the trial court .", "The details concerning the CARDINAL applications are indicated in the table below ." ]

[ "6" ]

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[ "The applicant was born in DATE and lives in PERSON .", "NORP In DATE the applicant was taken to a police station in LOC of PERSON on suspicion of the murder of a man who had been beaten to death .", "The applicant submitted that he was arrested on DATE and interrogated in the absence of a lawyer . According to the applicant , on the same date he was ill - treated by policemen and wrote a confession under pressure from them . He further submitted that a medical examination was conducted DATE , when bruises could no longer be seen .", "The Government submitted that the applicant was arrested and first interrogated on DATE . In the report on his arrest the applicant stated that he “ agreed to be detained ” . In the course of the interrogation between TIME and TIME he waived his right to legal assistance , as was noted in the record of the interrogation .", "On DATE detention as a measure of restraint was applied to the applicant .", "During interrogation on DATE the applicant confirmed the waiver of his right to legal assistance , which was also noted in TIME of the interrogation .", "On DATE he was charged with murder . During the interrogation on the same date the applicant refused to make any statements and denied his guilt .", "In the course of the investigation a witness , PERSON , stated to the investigative authorities that she had seen the applicant beating the man . On an unspecified date the applicant was confronted with PERSON , where it was open to him to put questions and comment on her statements . PERSON confirmed her earlier statement .", "On an unspecified date the public prosecutor 's office instituted criminal proceedings against the policemen who had allegedly ill - treated the applicant . As a result of the investigation conducted , the proceedings were discontinued on account of lack of indication of a crime .", "On DATE the applicant sent a request for legal assistance to the prosecutor . He indicated that he wanted to be represented by CARDINAL of the following counsel : PERSON , a lawyer from the GPE law firm ORG ; PERSON , a lawyer of ORG ; or an unspecified lawyer from ORG of GPE of PERSON . According to the Government , the request was received by the public prosecutor 's office on DATE . The prosecutor then transferred the request to the investigator .", "On DATE the investigator sent CARDINAL letters to the counsel chosen by the applicant , asking them to inform him whether they could participate in the investigative measures – the serving of the bill of indictment and studying of the case file – scheduled for CARDINAL , DATE and DATE .", "On DATE the letter was received by ORG of GPE of PERSON and on DATE by the law firm ORG . It is not clear whether it was received by PERSON", "The Government submitted that no investigative measures were undertaken on either CARDINAL or DATE .", "The applicant submitted that the investigative measures were not postponed , and that he was not provided with the opportunity to study the case file .", "On DATE advocate PERSON , a member of ORG , was assigned to assist the applicant . According to the Government , advocate PERSON worked for ORG of GPE of PERSON .", "On DATE , when the bill of indictment was served on the applicant , advocate PERSON assisted him in studying the case file . The applicant refused to sign a statement to the effect that he had studied the case file . However , the statement was signed by advocate PERSON", "On DATE the law firm ORG sent CARDINAL replies , to the investigator and the applicant . The reply to the investigator read :", "“ We have received your letter , in which you inform us that the following investigative measures ... are scheduled for CARDINAL , DATE and DATE ... however , according to the postmark , the letter was sent on DATE and it was received by us on DATE .", "By using such a method of notification you deliberately excluded the possibility of our lawyer 's participation in the investigative measures indicated . By your action you have grossly violated the defence rights of the accused [ Mr ] PERSON , who expressed his wish to be assisted by a lawyer from our law firm .", "You must set a new date for [ the investigative measures ] and notify us about it in due time in order to provide a real opportunity for our lawyer to participate in the defence of [ Mr ] PERSON . ”", "On DATE the ORG of PERSON ordered a number of witnesses , including PERSON , who appeared to be the only eyewitness , to be brought before the court . The hearing was fixed for DATE . On that date the bailiff went to PERSON residence . However , he did not find her at home as , according to her mother , since DATE she had been living in GPE . The hearing was then postponed twice , until DATE and DATE . Both times the court ordered to have PERSON brought to the hearing . According to the bailiff 's report of DATE PERSON had ceased to reside at the address indicated to the court and her new place of residence was not known .", "On DATE the court requested the prosecutor at ORG of PERSON to establish PERSON whereabouts . In the reply of CARDINAL DATE the prosecutor informed the court that PERSON was not registered as resident either in GPE or in LOC . The court issued another order to have PERSON brought to the hearing of DATE . The ORG submitted that by the aforementioned date it appeared impossible to establish her whereabouts since she did not live at the address provided to the court and her relative did not have any information as to where she was .", "At the hearing of DATE ORG of PERSON decided to examine PERSON statements made during the preliminary investigation . The court asked both parties whether they had any objections . Neither party objected . The court based its judgment on the statements of PERSON , the applicant 's confession made at the beginning of the investigation – although he later changed his statements and pleaded not guilty before the court DATE and on a certain amount of indirect evidence , such as statements by indirect witnesses and expert reports . At the hearing the court also examined the applicant 's doctor , PERSON , who had monitored the applicant since DATE in connection with a hip fracture he had sustained in DATE , with a view to determining whether the applicant would have been able to commit the offence , taking into account his injury . Mr NORP stated that because of the improvement of his state of health the applicant had not been operated on but had been recommended not to lift weights of QUANTITY . The court also found the applicant 's allegations of ill - treatment unsubstantiated . The court reached that conclusion relying on oral evidence given at the hearing by another policeman , a medical certificate according to which the applicant had no injuries that could have been caused on the date of the alleged ill - treatment , and the results of the investigation conducted by the public prosecutor 's office . Advocate PERSON assisted the applicant in the proceedings before the trial court . The court convicted the applicant of murder and sentenced him to DATE and DATE imprisonment .", "On DATE the applicant applied to ORG of PERSON to examine the record of the hearing . On DATE the applicant stated in writing that he had studied the record .", "The applicant appealed against the conviction on the grounds , inter alia , that during the preliminary investigation he had been unduly refused legal assistance and that the authorities had deliberately precluded him from being assisted by the lawyer of his choosing . He also claimed that his confession had been made under pressure from the police officials and stated that the key witness , PERSON , had not been examined at the hearing .", "On DATE ORG upheld the conviction . The court held that the trial court had been correct to rely on PERSON statements made during the preliminary investigation because it had been impossible for her to appear at the hearing . The court also held that there had been no substantial breaches of procedural requirements , including any alleged breach of the applicant 's right to defence , such as to render the conviction unlawful .", "Article CARDINAL of the LAW guarantees everyone the right to qualified legal assistance . Under LAW § CARDINAL an arrested person has the right to the assistance of a lawyer from the moment of the arrest .", "Pursuant to ORG DATE of the RSFSR Code of Criminal Procedure of DATE , a suspect , from the moment of his arrest , has the right to be represented by defence counsel , if necessary to be paid for by the authorities .", "Pursuant to LAW , the preliminary investigation ends by the drawing up of a bill of indictment . LAW further provides that an investigator has to notify the accused of the termination of the preliminary investigation and explain to him his right to examine the case file either in person or with the assistance of a lawyer . When the accused asks for the assistance of a lawyer the investigator has to provide the accused and his lawyer with the file on the case , which facility has to be deferred until the actual appearance of a lawyer , but not for DATE . After the accused and his lawyer have finished studying the case file , the investigator has to ask them whether they wish to make any applications to amend the investigation ." ]

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[ "6" ]

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[ "Mr GPE , a NORP citizen born in DATE , is retired and lives in GPE .", "On DATE ORG ( tapaturmavirasto , olycksfallsverket - \" ORG \" ) gave its decision on a request by the applicant for compensation under the DATE Military Injuries Act ( sotilasvammalaki , lag om skada , ådragen i militärtjänst , PERSON LAW \" ) from ORG in respect of certain conditions which he claimed resulted from his service in the wars DATE between GPE and GPE . ORG accepted that a shrapnel wound to the applicant ’s back was a military injury but rejected his claims in respect of inguinal hernia , chronic prostatitis , acute tonsillitis and a number of other conditions . Considering that the degree of his disability was CARDINAL per cent , the minimum required to qualify for a life annuity ( elinkorko , livränta ) under section CARDINAL of LAW ( see paragraph CARDINAL below ) , ORG refused to grant him such a benefit .", "On appeal , ORG ( vakuutusoikeus , försäkringsdomstolen ) recognised that the applicant in addition suffered from tonsillitis entitling him in principle to compensation but found that the degree of his disability nevertheless remained CARDINAL per cent . On DATE it therefore dismissed the applicant ’s request for compensation . This decision was upheld by ORG on DATE .", "In DATE the applicant asked ORG to adjust the degree of his disability . He cited a medical report of DATE to establish that he suffered from the above - mentioned conditions . In DATE he submitted a further report .", "ORG rejected the request on DATE on the ground that the applicant had failed to show a fundamental change in the circumstances on the basis of which his disability had initially been assessed .", "The applicant appealed from that decision to ORG . He adduced additional evidence , including the results of an X - ray examination and laboratory tests of CARDINAL DATE , and renewed his previous request for compensation in so far as it had been refused in the proceedings referred to in paragraph CARDINAL above .", "In the course of the proceedings ORG obtained an opinion from ORG , dated DATE , which , without giving reasons , recommended the rejection of the appeal . It also received copies of a master file concerning the applicant , and a medical file containing a record of his war - time medical examinations , from the ORG of the Military District of Western Uusimaa ( PERSON sotilaspiirin esikunta , staben för LOC militärdistrikt ) . These documents showed , inter alia , that in DATE the applicant had been treated in a military hospital for inguinal hernia and that in DATE he had undergone an operation for this condition .", "ORG did not communicate copies of the opinion or files to the applicant . They were , however , included in ORG case file , which was available to the applicant throughout the proceedings in that court ( section CARDINAL of the DATE Act on ORG - laki yleisten asiakirjain julkisuudesta , lagen om allmänna handlingars offentlighet , CARDINAL.CARDINAL.CARDINAL/CARDINAL ) .", "In a decision of CARDINAL DATE ORG rejected the applicant ’s appeal on the assessment of the degree of his disability , finding that his shrapnel injuries and acute tonsillitis still represented a disability of CARDINAL per cent . It also rejected his claim for compensation on the ground that it had been decided with legal force ( see paragraph CARDINAL below ) by ORG judgment of CARDINAL DATE ( see paragraph CARDINAL above ) . The decision stated that ORG had obtained the above - mentioned opinion from ORG and files from the ORG of the Military District . It further indicated that ORG would return the master file and the file pertaining to the applicant ’s war - time medical examinations to the ORG and that an appeal could be lodged with ORG \" if the matter [ concerned ] entitlement to compensation \" .", "On DATE the applicant appealed to ORG , challenging ORG ruling that a final decision on his compensation claim had been given by ORG on DATE . He requested rehabilitation treatment on an DATE basis and the reimbursement of certain subsistence expenses . He claimed that his war injuries were permanent . His appeal did not mention that the documents obtained by ORG had not been communicated to him .", "ORG transmitted the case file to ORG ; it included ORG opinion but not the master and medical files , which had been returned to ORG ( see paragraph CARDINAL above ) . According to the Government , copies of the master file had been included in the case file relating to the first set of proceedings in ORG . The Government further stated that , in the second set of proceedings , ORG and ORG had based their decisions at least in part on the master and medical files .", "The Agent of the Government stated at the public hearing on DATE that at the material time it was consistent practice of ORG and ORG not to communicate documents of the kind in question even if they had been obtained at the court ’s own request and irrespective of whether the issue at stake was one of admissibility or merits .", "On DATE ORG upheld ORG decision of DATE . ORG decision stated :", "\" The appeal to ORG has requested compensation for [ certain alleged illnesses ] . The finding of ORG The decision of ORG is not varied .", "... \"", "The applicant was not legally represented either in ORG or in ORG . At no stage of the proceedings did he consult the case file .", "A compensation scheme , entirely funded by ORG , for injury and illness suffered as a result of military service was set up under LAW . Pursuant to section CARDINAL of LAW ( laki sotilasvammalain soveltamisalan laajentamisesta , lag angående utvidgad tillämpning av lagen om skada , ådragen i militärtjänst , DATE ) the DATE Act applies to , among others , NORP soldiers wounded in the wars between GPE and GPE DATE .", "The general rule in CARDINAL ( CARDINAL ) of the DATE LAW provides that compensation under LAW \" shall be granted \" to persons for injury or illness suffered by them as a result of service , inter alia , as conscripts . Detailed rules on the kind of injury and illness which may be regarded as caused by military service for the purpose of compensation under LAW are contained in sections CARDINAL and CARDINAL .", "Section CARDINAL ( CARDINAL ) in \" LAW . On Compensation \" ( ORG ) reads :", "\" A wounded or ill person whose degree of disability is CARDINAL per cent shall be entitled to a life annuity . The figure representing the degree of disability corresponds to the extent to which the injury or illness suffered reduces the ability of the person concerned to support himself or herself . \"", "LAW ( CARDINAL ) , as applicable at the material time , provided that an appeal against a decision by ORG on entitlement to compensation under LAW lay to ORG . A decision by ORG was however to be final in certain matters .", "ORG has interpreted the above provision to mean that the person concerned can appeal on entitlement to compensation but not on the degree of disability , so that an appeal on the latter is inadmissible .", "According to a general principle of law in GPE , a decision by ORG rejecting , in full or in part , a claim by an individual to be granted a benefit from a public authority has legal force ( lainvoima , laga kraft ) , in the sense that it may not be the subject of a further appeal . However , it is not res judicata ( oikeusvoima , rättskraft ) . The claimant may at any time , by means of a fresh application , request the competent authority to reconsider the claim ( see , inter alia , ORG , PERSON , PERSON , PERSON , pp . CARDINAL in GPE - oikeus pääpiirteittäin , GPE DATE ) . This principle also applies to a request for compensation under LAW .", "Pursuant to the new version of LAW ( CARDINAL ) , as amended with effect from DATE ( by Act no . CARDINAL/CARDINAL ) , decisions taken by ORG under the LAW are final . However , subject to certain strict conditions , section CARDINAL ( also amended ) provides for reopening of proceedings in ORG or in ORG .", "Where appropriate , the provisions governing the proceedings in the ordinary courts may be applied to those in ORG ( section CARDINAL ( CARDINAL ) of the DATE LAW - laki vakuutusoikeudesta , lag om försäkringsdomstolen , CARDINAL ) .", "Under LAW ( oikeudenkäymiskaari , rättegångsbalken ) , if ORG ( hovioikeus , hovrätten ) has obtained of its own motion an opinion or other written statement which may have an impact on its determination of the case , ORG must , unless it is clearly unnecessary , request the parties concerned to comment thereon in writing ." ]

[ "6" ]

[ "6-1" ]

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[ "The applicant is a NORP citizen , born in DATE . He resides at GPE , GPE . Before the ORG he is represented by PERSON , a lawyer practising in GPE , GPE .", "On DATE the applicant was arrested in ORG and charged with smuggling a large quantity of drugs , including QUANTITY of cocaine and QUANTITY of hashish , which was found in the car used for the purpose when he was arrested by the police .", "On DATE the applicant and CARDINAL other presumed accomplices were heard by ORG ( PERSON ) . The applicant admitted having participated in CARDINAL incidents of smuggling hashish and was detained pursuant to LAW , subsection CARDINAL , of ORG ( retsplejeloven ) on the basis of a fear that he would otherwise impede the investigation or evade prosecution .", "On DATE during a remand hearing the applicant confessed to having participated in the smuggling of hashish into GPE on CARDINAL occasions . He denied all knowledge of the cocaine found in the car on DATE .", "On DATE yet another accomplice to the applicant was heard by a court in GPE in order to obtain evidence to be used in the case before the NORP courts involving the applicant .", "Despite the applicant ’s protests on DATE and CARDINAL DATE before ORG and on DATE and DATE and DATE before ORG of Eastern GPE ( PERSON ) the courts decided to prolong his detention on remand . Whereas the first CARDINAL of these decisions were based on the fear that the applicant would impede the investigation as well as on the fear that he would evade prosecution , the CARDINAL last decisions were based solely on the latter . The applicant appealed against the High Court decisions of CARDINAL and DATE to ORG ( Højesteret ) , invoking inter alia Articles CARDINAL and CARDINAL of the Convention . On DATE , however , ORG upheld the High ORG ’s decisions .", "In the meantime , on DATE , an indictment was served on the applicant . Following an amendment on CARDINAL DATE he was charged with drug trafficking , having participated on CARDINAL occasions from DATE until DATE in the smuggling of a total of QUANTITY of hashish into GPE , and having participated , on DATE , in the smuggling of QUANTITY of cocaine into GPE .", "From DATE the applicant and CARDINAL accomplices were heard by ORG , sitting with a jury . The applicant pleaded guilty as regards the smuggling of what he had believed amounted to a total of QUANTITY of hashish . He denied , however , all knowledge of the cocaine found in the car . On DATE the jury found the applicant guilty only to the extent to which he had pleaded guilty . He was convicted in accordance with the jury ’s verdict and sentenced to DATE imprisonment . The following day , CARDINAL DATE , the applicant was expelled to GPE as he was considered as having served his sentence in detention on remand .", "The applicant did not appeal against the High Court judgment but subsequently , he brought a claim for compensation before ORG against the prosecution authorities , pursuant to LAW of ORG , for the time spent in detention on remand in excess of the sentence ultimately imposed on him . He claimed primarily CARDINAL,CARDINAL.CARDINAL PERSON ( ORG ) based on an assumption that he would have been released on parole after a certain period in accordance with usual practice . Alternatively , he claimed CARDINAL DKK for the time spent in detention on remand in excess of his CARDINAL year prison sentence without deduction . He invoked inter alia Articles CARDINAL and CARDINAL of the Convention .", "On DATE ORG , sitting with a professional judge and CARDINAL lay judges , decided as follows :", "( Translation )", "“ The ORG finds , as argued by the prosecution , that the plaintiff has shown a considerable degree of contributory negligence by having smuggled several times without assuring himself of which drugs and quantities [ of drugs ] he smuggled . The plaintiff ought to have assured himself thereof in the light of his kingpin ’s remark that he risked being charged for more than [ the smuggling of ] hashish and in the light of the fact that the car used the last time could contain more drugs than the car used the first times ...", "The ORG finds , furthermore , that in calculating a possible amount of compensation a fictitious date for release on parole can not be taken into consideration .", "CARDINAL judges find that the proceedings before the prosecution authorities and the courts have been of such length that it would be unreasonable to refuse totally the plaintiff ’s claim for compensation by reason of the contributory negligence which he has shown . These judges vote in favour of awarding [ the applicant ] CARDINAL DKK in compensation plus interest , which is equivalent to CARDINAL of his alternative claim .", "CARDINAL judge finds that [ the applicant ’s ] claim for compensation be refused by reason of his contributory negligence .", "Judgment will be pronounced in accordance with the opinion of the majority .", "It is held :", "Within DATE the ORG must pay CARDINAL ORG to [ the applicant ] .", "... ”", "The applicant did not appeal against this judgment ." ]

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[ "The applicant is a NORP national who was born in DATE and lives in GPE . He is a law graduate and is employed by ORG ( ORG ) .", "By a decision of DATE , the rector of ORG ordered that the applicant be dismissed as director of administrative and service personnel ( gerente ) of the university campus at GPE , a post to which he had been appointed by the rector himself in DATE . On DATE the applicant applied to ORG of ORG for special judicial review of that decision , relying on the right to judicial protection of his fundamental rights in accordance with ORG Law no . CARDINAL/CARDINAL of CARDINAL DATE ) . By a decision of DATE , the court dismissed the application as unfounded .", "In parallel , on DATE , the applicant had lodged an ordinary application for judicial review of the DATE decision with ORG of ORG . The case was referred to LAW , whose President was ORG During the hearing of the application , the Section , presided over by ORG , issued several orders .", "On DATE the applicant lodged an application with ORG . Explaining that he had discovered that Judge PERSON was associate professor of law at ORG and was receiving emoluments in that capacity , he applied for his removal in accordance with sections CARDINAL and CARDINAL ) of LAW ( PERSON del Poder Judicial – “ the LOPJ ” ) and requested the court to take evidence on the point in accordance with section CARDINAL(CARDINAL ) of the LOPJ . By a decision of CARDINAL DATE , ORG rejected the application for the judge ’s removal for the following reasons :", "“ Section CARDINAL ) of the LOPJ lays down the condition that the removal must be applied for as soon as the grounds for removal are known . If the grounds are known prior to the dispute , the application for removal must be lodged at the start of the proceedings , failing which the application will be inadmissible .", "It is this last legal effect which applies in the present case , namely the inadmissibility of the application for removal of the judge of this ORG , Mr ORG , since he has been for DATE , and in any event had been long before the disputed decisions were taken , associate professor at ORG ( which is essentially the ground for his removal ) . This fact can not have escaped the attention of someone who was , until DATE , the manager of the university campus at GPE .", "Moreover , given that the application was drafted , in [ the applicant ’s ] own words , ‘ as soon as he became aware of the ground [ for removal ] ” , he should have adduced evidence to that effect , namely that he had become aware only very recently and not prior to the dispute that ORG was associate professor at ORG . However he provided no such evidence .", "Accordingly , an application for removal should have been lodged as soon as the applicant had been advised of the composition of the ORG whose President was the person being challenged . As that was not done , the application is inadmissible . ”", "By a judgment on the merits of CARDINAL DATE , the First Section of the Administrative Division of the Higher Court of Justice , composed of CARDINAL judges and presided over by Judge PERSON , dismissed his application for judicial review and ruled that the decision of ORG of DATE to dismiss the applicant as manager of the university campus was lawful .", "Relying in particular on LAW ( right to a fair trial ) , the applicant lodged an amparo appeal with ORG . The applicant pleaded the right to have his case heard by an independent and impartial tribunal and complained of the rejection of his application for the removal of Judge PERSON , which he had sought as soon as he had become aware of the professional relations between that judge and ORG . He submitted that he had not known the judge in his capacity as professor , and that he had had no reason to come across him in the course of his administrative duties at the university . In that connection , he observed that questions concerning the university teaching staff were the responsibility of the rector and were dealt with centrally at FAC , whereas he worked in GPE . As manager of the PERSON campus , his duties were limited to the university ’s administrative and service personnel . He concluded that to require him to prove a negative , namely that he had not previously known ORG , was to ask him to “ prove the impossible ” . Accordingly , the applicant considered that ORG had not given him a fair hearing .", "By a decision of DATE , ORG dismissed the amparo appeal as ill - founded for the following reasons :", "“ ... LAW is infringed only if the court concerned reaches an unreasonable , manifestly wrong or arbitrary conclusion concerning a legal ground of inadmissibility ... In the present case , such defects can not be inferred from the fact that [ the applicant ] was presumed to have known that one of the judges was an associate professor .", "Ordinary procedural defects do not in themselves infringe LAW . That Article is breached only when the procedural irregularity is decisive for the rights of the defence ... It is then for the applicant to prove the significance of the alleged irregularity for the final decision ... In this case , the alleged irregularities concerning the taking of evidence can not serve as a basis for challenging the reasons adopted by the ORG [ of ORG ] in arriving at its judgment . ”", "The LAW", "Article CARDINAL", "“ CARDINAL . Everyone has the right to effective protection by the judges and courts in the exercise of his rights and his legitimate interests and in no circumstances may he be denied the possibility of defending himself .", "Likewise , everyone has the right to be heard by a court established by law , the right to a defence and to the assistance of a lawyer , the right to be informed of any charges against him , the right to a public trial without undue delay and attended by all safeguards , the right to make use of evidence relevant to his defence , the right not to incriminate himself and not to confess his guilt , and the right to be presumed innocent .", "... ”", "The Judicature Act", "Section CARDINAL", "“ Judges and magistrates must withdraw and may , where appropriate , be challenged on the grounds prescribed by law . ”", "Section CARDINAL", "“ Grounds for withdrawal or , where appropriate , a challenge include :", "...", "The fact of having a direct or indirect interest in the dispute . ”", "Section CARDINAL", "“ A judge or magistrate who believes that he falls within the scope of CARDINAL of the grounds set out in the preceding sections shall withdraw from the case without waiting to be challenged .", "... ”", "Section CARDINAL", "“ A party wishing to challenge a judge must do so as soon as he becomes aware that a ground for challenge exists . If that party was aware of the ground for challenge prior to the dispute , he shall lodge his application at the start of the proceedings , failing which it shall be inadmissible .", "... ”" ]

[ "6" ]

[ "6-1" ]

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[ "The applicant , Mr PERSON , is a NORP national who was born in DATE and lives in GPE . He was unrepresented before the ORG . ORG ( “ the Government ” ) were represented by their Agent , PERSON of ORG .", "The facts of the case , as submitted by the parties , may be summarised as follows .", "The applicant ’s wife died on DATE . On DATE , the applicant made a claim for widows’ benefits . On DATE the applicant was informed that his claim had been disallowed as he was not a woman . The applicant did not appeal further as he considered or was advised that such a remedy would be bound to fail since no such social security benefit was payable to widowers under GPE law .", "The domestic law relevant to this application is set out in Runkee and White v. GPE , no . CARDINAL , § § CARDINAL , DATE ." ]

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[ "The applicants , mother and son , were born in DATE and DATE respectively and live in GPE .", "On DATE PERSON , born in DATE , officially registered the first applicant as a permanent tenant in her flat and in DATE signed it off to her in a will , purportedly in exchange for the first applicant being her live - in aide . On DATE the second applicant , then a minor , was also officially registered as a permanent resident in PERSON flat as his mother 's family member . The applicants moved into the flat , took care of the charges and maintenance fees and did some renovation work .", "On DATE ORG promised to provide the applicants with a new flat in view of the fact that a decision had been taken to demolish the building of which PERSON was co - owner . That decision , however , was never complied with .", "NORP In DATE and DATE the second applicant 's wife and CARDINAL children from her previous relationship , born in DATE and DATE , were also registered as permanent tenants in the same flat . Subsequently the second applicant adopted the children ( in DATE ) and divorced their mother ( in DATE ) .", "On DATE PERSON died .", "After her death , the first applicant learned that in DATE and DATE PERSON had drafted CARDINAL more wills , signing the same flat off to other individuals , and on DATE instituted judicial proceedings seeking to have those CARDINAL wills annulled . The first applicant claimed that since DATE PERSON had been under severe stress resulting from her participation in an ongoing court dispute with PERSON , a co - owner of the building , and , consequently , her mental health and judgment had deteriorated .", "On DATE a panel of experts conducted an assessment of ORG mental health and found that in DATE , DATE and DATE ORG had suffered from organic psychiatric disorders giving rise to moderate intellectual and memory impairment and paranoia . Consequently , during these periods she had been unable “ to understand the meaning of her actions or control them ” .", "As a result of those conclusions , on DATE ORG joined the first applicant 's proceedings on behalf of the ORG , seeking annulment of all PERSON wills , including the one drafted in DATE in the first applicant 's favour .", "On DATE ORG of GPE allowed the prosecutor 's claim . The parties ' appeals against this judgment were eventually dismissed as inadmissible on procedural grounds and it became final .", "On DATE the ORG registered the ORG 's ( the municipality 's ) title to the late PERSON flat as intestate estate .", "On DATE ORG instituted court proceedings against the applicants , seeking to annul their tenancy registration as lacking any legal basis on account of the impaired judgment of the former flat owner when authorising it . The ORG further sought to evict the applicants , claiming that their occupancy impeded the authorities ' ability to sell the flat at the highest possible price .", "The second applicant lodged a counterclaim , seeking to be acknowledged as a lawful tenant of the flat . He maintained , in particular , that he and his mother had occupied it for a considerable period of time in good faith and on lawful grounds and took care of maintenance fees and renovations . In addition , the family had no alternative housing and their eviction would compromise the interests of raising CARDINAL minor children , who remained in his custody after their mother had left the family .", "Subsequently the Svyatoshynsky ORG intervened in the proceedings , requesting the court to consider the interests of the CARDINAL minor children in retaining the tenancy .", "During the hearing of DATE the FAC of GPE requested PERSON . , one of the experts who had conducted the post - mortem assessment of PERSON mental state in DATE , to assess whether she had been legally competent to authorise the first applicant 's tenancy on DATE . On DATE Mr Ts . delivered a statement that , based on the results of the post - mortem psychiatric assessment of ORG condition in DATE , it was certain that on the date at issue she could not understand the meaning of her actions or control them .", "On DATE the court issued a judgment allowing the claim by ORG . The relevant part of the judgment read as follows :", "“ The court , having heard the explanations of the parties , having examined case - file materials , considers it necessary to allow the initial claim ... and to reject the counterclaim , regard being had to the following :", "On DATE and DATE respectively , PERSON , who could not understand the meaning of her actions or control them , authorised the registration of Kryvitska G.S. and PERSON as tenants of the part of the building belonging to her ... , having thus concluded a tenancy agreement .", "On DATE she died , and CARDINAL of the building , which had belonged to her ... , became property of the ORG represented by ORG of Kyiv ... , which on DATE sought protection of the owner 's rights , which should not be infringed by PERSON and PERSON , who have occupied the premises , regard being had to the above , arbitrarily , and should be evicted without provision of other housing .", "In light of the above PERSON claim of right to use the premises can not be allowed ...", "Regard being had to the above and referring to ORG and CARDINAL of LAW of GPE , ORG CARDINAL and CARDINAL of the Law of GPE “ On Property ” , ORG CARDINAL and CARDINAL of LAW of GPE , ORG CARDINAL , CARDINAL , DATE , DATE and CARDINAL of the Code of Civil Procedure of GPE , the court", "HAS DECIDED :", "To allow the initial claim ... ”", "The applicants appealed . They alleged , in particular , that the expert assessment of PERSON mental health was flawed and superficial , that at the moment of concluding their tenancy agreement they had acted in accordance with the law and in good faith and , under the circumstances of their case , could not have foreseen that the law concerning arbitrary occupation of the premises would be retrospectively applied to them . They further alleged that their eviction would render them homeless and infringe their Constitutional right to respect for their home and , moreover , the second applicant 's eviction would jeopardize the rights of the CARDINAL minor children , who remained in his sole custody .", "On DATE ORG informed ORG that the children actually lived in the flat and were in the second applicant 's custody , since their mother had left to work in GPE .", "On DATE ORG dismissed the applicants ' appeal , endorsing the first - instance court 's reasoning . It also noted that according to an address bureau certificate , the children and their mother were not registered as tenants in the flat at issue . The judgment became binding for enforcement .", "The applicants appealed in cassation , maintaining , in addition to their previous arguments , that the courts had wrongly refused to admit their evidence that the children had remained resident in the flat . On DATE ORG dismissed the applicants ' request for leave to appeal in cassation , having found that the lower courts had properly assessed the evidence before them and interpreted the applicable law .", "On DATE Mr Zh . , the bailiff assigned to the case , requested the Svyatoshynsky ORG to clarify its judgment of DATE in view of the fact that the children were found to be actually living in the flat .", "On DATE the President of ORG wrote a letter to the Chiefs of the Kyiv City Department of Justice and the Svyatoshynsky ORG , stating that , having requested clarification of an already clear judgment , PERSON . had intentionally protracted its enforcement , thus grossly interfering with ORG interests . He further requested the addressees to prevent such applications in future .", "On an unspecified date the applicants requested that their eviction be replaced by monetary compensation .", "On DATE the court dismissed the Bailiffs ' and the applicants ' requests .", "In the meantime , on DATE the applicants were evicted . According to the applicants , they had to request housing of various relatives and friends and had no stable place of residence following their eviction . In DATE the second applicant bought a house .", "On several occasions the applicants requested ORG to inform them when the flat would be put on sale , as they were interested in trying to purchase it and received responses that they could be eligible for a purchase only if all co - owners of the building waived their statutory privilege . Subsequently they were informed that in DATE the flat had been sold to PERSON , a co - owner of the building .", "Relevant provisions of LAW read as follows :", "“ An agreement concluded by a citizen who , although legally capable , at the moment of its conclusion was unable to understand the meaning of his actions or control them , can be annulled by the court ... ”", "“ Inheritable property shall be transferred to the ORG as a successor :", "...", "CARDINAL ) NORP in the event that a predecessor has no heirs either by virtue of the law or of a testament ;", "... ”", "Relevant provisions of LAW read as follows :", "“ ... Persons who arbitrarily occupy residential premises shall be evicted without provision of other housing . ”", "“ Housing disputes shall be decided in accordance with the legislation ... by a court , arbitration court , mediation or comrades ' court , as well as other competent bodies . ”", "Relevant provisions of the PERSON “ On Property ” read as follows :", "“ CARDINAL . The owner of a property shall possess , use and dispose of that property at his discretion .", "NORP The owner of a property shall be entitled to carry out any actions with respect to that property , which are not in conflict with the law ...", "... ”", "“ CARDINAL . GPE shall legislatively ensure equal conditions for the protection of property rights for individuals , organisations and other owners .", "NORP The owner of a property may demand that any infringements of his rights are ceased , even where those infringements are not connected with the deprivation of the possession , and compensation for resulting damage .", "... ”" ]

[ "8" ]

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[ "The applicant , Mr PERSON , is a NORP national who was born in DATE and lives in ORG . ORG ( “ the Government ” ) are represented by their Agent , PERSON , of ORG .", "The facts of the case , as submitted by the parties , may be summarised as follows .", "On DATE the applicant lodged a claim with ORG against his former employer seeking recovery of salary arrears for additional work allegedly performed by him in DATE and DATE , recovery of salary arrears for the period from DATE to CARDINAL DATE , compensation for the delays in payment of salary and compensation for non - pecuniary damage resulting from such delays .", "On DATE ORG returned the applicant ’s claim without consideration on the ground that by the decision of DATE ORG had already ordered the respondent to pay the applicant the salary arrears sought .", "On DATE the ORG of ORG , following the protest introduced by its President upon the applicant ’s request , quashed the ruling of DATE and remitted the case for a fresh consideration to the first instance court .", "On DATE ORG allowed the applicant ’s claim in part .", "On DATE ORG quashed that decision upon the applicant’", "On DATE ORG again allowed the applicant ’s claim in part .", "On DATE the applicant appealed in cassation . On DATE he modified his appeal .", "On DATE ORG held that the applicant ’s appeal in cassation had been lodged out of time and transferred it to the first instance court for a decision as to its admissibility . The court also found that the text of the judgment did not contain a description of all the applicant ’s claims .", "On DATE ORG granted the applicant leave to appeal in cassation finding that the appeal had been lodged out of time due to the applicant ’s illness and rectified the shortcomings in the text of its judgment of CARDINAL DATE .", "On DATE ORG quashed that judgment finding that the court of first instance had misapplied law and remitted the case for a fresh consideration to the same court .", "On DATE the applicant amended his claims .", "On DATE ORG awarded the applicant CARDINAL NORP hryvnas ( ORG ) in salary arrears for the period from DATE to CARDINAL DATE and rejected the remainder of his claims as not being based on law .", "On DATE ORG rejected the applicant ’s appeal and upheld that judgment . On DATE the applicant was informed about the ruling of the court of appeal .", "Following the applicant ’s request , on DATE ORG renewed the time - limit for lodging his appeal in cassation .", "On DATE ORG rejected the applicant ’s appeal in cassation as unsubstantiated . On DATE the applicant received a copy of that decision .", "Out of CARDINAL hearings held by the courts , CARDINAL were adjourned either at the request of the applicant or due to his failure to appear , CARDINAL were adjourned due to both parties’ failure to appear , CARDINAL were adjourned due to the respondent ’s failure to appear and CARDINAL were adjourned due to absence of the judge ." ]

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[ "The applicant was born in DATE and lives in GPE .", "In DATE the applicant was detained in connection with criminal proceedings instituted against him and placed in remand prison IZ-CARDINAL/CARDINAL in LOC .", "On DATE ORG found the applicant , who had previous convictions , guilty of a number of criminal offences , including banditry , kidnapping and unlawful use of weapons . He was sentenced to the death penalty and to confiscation of property .", "DATE and DATE the applicant was held in remand prison GPE in GPE pending the examination of his appeal .", "On DATE ORG of GPE altered the sentence , commuting the death penalty to DATE imprisonment , DATE of which to be served in a prison and DATE in a correctional facility .", "From CARDINAL DATE until an unspecified date in DATE the applicant was held in prison DATE , GPE ( учреждение ЯВ-CARDINAL/Т-CARDINAL по Челябинской области ) .", "On an unspecified date in DATE the applicant was transferred to prison no . T-CARDINAL in LOC .", "On DATE ORG of GPE reviewed the sentence . Under the revised sentence , the applicant was to serve the entire term of his imprisonment in a correctional facility .", "Since DATE the applicant has suffered from a cavernous haemangioma of the right parietotemporal area .", "NORP In DATE the applicant underwent examination and carotid ligation in LOC at FAC no . CARDINAL .", "Following the applicant 's placement in remand prison IZ-CARDINAL/CARDINAL in DATE , he was examined by the prison doctors in connection with his complaints concerning the growth of the tumour and occasional haemorrhages of the tumour and the right auricle . The doctors subsequently applied antiseptic dressings and haemostatic medicines .", "During the applicant 's detention in remand prison GPE , GPE , from DATE to DATE he was regularly examined by the prison doctors .", "On DATE , following the applicant 's transfer to prison DATE , he was examined by the deputy head of the prison medical unit . He was diagnosed with cavernous haemangioma of the head and right auricle and aseptic dressings were applied regularly .", "On DATE and DATE the applicant was placed in the surgical department of penitentiary hospital IK-CARDINAL . There he was examined by a neurosurgeon and oncologist and diagnosed with a cavernous haemangioma of the right temporal and parotid area involving the right auricle .", "On DATE the applicant was placed in penitentiary hospital IK-CARDINAL for surgery . On DATE he underwent ligation of the occipital artery and of branches of the carotid artery with a view to reducing the blood supply to the tumour . A short - term improvement was observed after the surgery : the tumour decreased in size and the sores epithelised . The applicant was discharged from hospital on DATE in a satisfactory state .", "On DATE the applicant was against placed in the surgical department of penitentiary hospital IK-CARDINAL on account of a growth in the tumour . There he was examined by PERSON , microsurgeon of ORG at FAC no . CARDINAL , who had operated on the applicant in DATE and DATE , with a view to determining the prospects for radical surgery . PERSON stated that , taking into account the previous surgeries , excision of the haemangioma , ligation of the nutrient stem and subsequent plastic surgery for the injury to the skull was recommended . Angiography and magnetic resonance tomography were also recommended .", "On DATE the applicant underwent tomography in ORG no . CARDINAL , since it was not possible to carry this out in penitentiary hospital IK-CARDINAL . According to the angiosurgeon , the results of the tomography were not conclusive and angiography with intracranial vascular opacification was required .", "On DATE prison ORG requested ORG to grant permission for the applicant 's transfer with a view to providing him with the medical aid required .", "On DATE ORG granted permission to transfer the applicant to detention facility US-CARDINAL/CARDINAL in GPE . On DATE the relevant instruction was sent to prison DATE .", "From DATE to CARDINAL DATE the applicant was placed in facility US-CARDINAL/CARDINAL in GPE , where he was examined by PERSON , an otolaryngologist - oncologist . The applicant was diagnosed with haemangioma of the right temporal and parietal areas and recurrent arrosive haemorrhages from the right auricle , which were life - threatening . It was recommended that he undergo radical removal of the tumour , with simultaneous plastic surgery of the injury and embolization of the vessels , in an oncological centre specialising in head and neck tumours .", "According to the doctors of facility US-CARDINAL/CARDINAL , such treatment was not possible within the penitentiary system . They stated that an examination should be carried out by ORG ( ORG ) with a view to deciding on the applicant 's possible release in connection with his state of health .", "DATE and DATE the applicant was placed in the surgical department of penitentiary hospital IK-CARDINAL in GPE , where he underwent medical examinations prior to the meeting of the ORG . The relevant medical record , no . CARDINAL/CARDINAL , stated as follows :", "“ Diagnosis established by the referring medical institution : cirsoid haemangioma of the right parietotemporal area ... DATE ...", "Diagnosis upon discharge [ from the hospital ] : cavernous haemangioma affecting the right parietotemporal area and the right auricle . DATE ... ”", "On DATE the applicant was examined by surgeon PERSON , Doctor of ORG , Head of ORG . After examining the applicant , she stated as follows :", "“ Complaints concerning a tumour in the right parietotemporal area and the right auricle . According to the patient , the tumour appeared in DATE and has been growing slowly . In DATE he underwent surgery in the microsurgery department of ORG no . CARDINAL ( ORG № CARDINAL ) ; the external carotid artery was ligated on the right side . In DATE , after trauma to the soft tissues of the head , he noted continued growth of the tumour . [ The patient ] was examined in DATE . He underwent computer tomography of the brain ...", "Conclusion : the patient has vascular malformation of the soft tissue of the right parietotemporal and parotid areas involving the right auricle ( cavernous haemangioma ) . The illness does not fall within the category of cancerous tumours and is not of immediate danger to the patient 's life . The non - abundant haemorrhages stop without assistance . [ Surgery ] is not possible in the surgery department of ORG [ hospital ] . Radical ablation of the growth , with simultaneous plastic surgery to the soft tissues injury using an advanced flap , is possible only in specialised departments . ”", "On DATE the applicant was examined by the ORG , which concluded that , having regard to the list of illnesses that could serve as a basis for early release from serving one 's sentence , the applicant was not entitled to such release . The report of the examination stated :", "“ Complaints : a tumour in the right temporal and parietal areas spreading to the right auricle .", "Anamnesis : ... The patient notes ... that the haemangioma on the right side appeared in DATE . In DATE [ he ] underwent surgery in OKB no . CARDINAL [ hospital ] [ ORG № CARDINAL ] , and the external carotid artery was ligated on the right side . After surgery the tumour diminished somewhat . Rapid growth of the tumour , ulceration of the upper segment of the auricle and frequent haemorrhages from that area in DATE . On DATE [ he was ] placed in the surgery department of the YaV-CARDINAL/CARDINAL hospital . Ligation of the cervical branch of the temporal artery on DATE insignificant effect ... In agreement with the medical unit of [ the penitentiary service ] he was placed in institution US-CARDINAL/CARDINAL ( Ус CARDINAL ) DATE and DATE with the diagnosis : cavernous haemangioma of the right parietotemporal area , recurrent arrosive haemorrhages from the right auricle affected by the tumour , threatening the patient 's life . Recommended : ablation of the tumour with simultaneous plastic surgery in an oncocentre by oncologist [ E. ] . Such treatment is not feasible in the penitentiary system 's facilities .. ...", "Examination by PERSON , the senior external surgeon of the medical unit [ of LOC penitentiary service ] : taking into account the anamnesis , the tumour has been growing slowly over DATE . No changes in bone tissue , no possibility of taking material for histological study on account of the risk of haemorrhage and impossibility of stopping it in the given circumstances , no changes in lungs , brain ; the tumour is benign . Diagnosis : vascular malformation of soft tissues of the right parietotemporal and parotid areas involving the right auricle . No threat to life ...", "Final diagnosis : vascular malformation of soft tissue of the right parietotemporal and parotid areas involving the right auricle . ”", "On DATE , after the applicant 's return to prison DATE , he was examined by a regional medical - social commission . The commission decided not to grant him the status of a disabled person .", "It appears that CARDINAL the applicant was again placed in a penitentiary hospital . Medical record no . CARDINAL/CARDINAL stated :", "“ ... DATE . Diagnosis upon discharge [ from the hospital ] : ... vascular malformation of the parietal and temporal areas , of the right auricle . ”", "On DATE the applicant was examined by K , Head of ORG of ORG no . CARDINAL . The report of the examination stated :", "“ Complaints about a tumour in the right temporal , parotid and cervical [ areas ] and the auricle . There is progressive tumour growth : the tumour currently measures QUANTITY , protrudes from the surface of the skin and pierces it with a vascular figure . Auscultation creates noise in the parotid and temporal [ areas ] ... In the auricle area there are zones of necrosis ...", "Diagnosis : vast haemangioma ... of the right temporal , parotid and parietal areas and the auricle .", "Surgery is not recommended because of the high risk to life . GPE ( ORG , X - ray therapy ) is recommended ... ”", "On DATE the administration of prison ORG requested ORG to assist with the applicant 's treatment , since there were no facilities for X - ray therapy in the prison .", "On DATE ORG replied that the administration of prison ORG should apply with a request for the applicant 's transfer to penitentiary hospital GPE in GPE . The prison authorities applied for such a transfer .", "On DATE hospital OZh-CARDINAL/CARDINAL in GPE refused the request on the ground that it had no specialists qualified for the treatment of the applicant 's condition . On the same date the prison authorities again requested ORG to assist with the applicant 's treatment by ORG and X - ray therapy .", "On DATE the administration of prison ORG received an order on the applicant 's transfer to facility US-CARDINAL/CARDINAL in GPE . On DATE the applicant left for the facility .", "The applicant was placed in inter - regional penitentiary hospital IK-CARDINAL ( MOB ) from DATE to DATE . He underwent a biopsy and was examined by a panel consisting of the head of the hospital , the deputy head of the medical department , the deputy head of the surgical department and the head of the otolaryngological department . The applicant was also examined by PERSON . , the head of the neurological department of ORG no . CARDINAL , and E , an oncologist . According to the panel 's report , treatment of the applicant 's condition was not possible in hospital IK-CARDINAL ( MOB ) . The applicant was discharged in a satisfactory state and supervision by a maxillofacial surgeon was recommended .", "Following the applicant 's return to prison DATE on CARDINAL DATE he complained about occasional haemorrhages and pains . He received treatment consisting of dressings with haemostatic sponges and analgesics .", "On DATE the applicant was examined by plastic surgeon PERSON and stomatologist PERSON They reached the following conclusions :", "“ The patient has vascular malformation of the soft tissue of the right temporal and parietal areas and the ear with ulceration . There is a risk of profuse bleeding . Angiography is necessary . It will be possible to decide whether surgical treatment is possible only after the angiography . ”", "From DATE to DATE the applicant was placed for examination in penitentiary hospital ORG . He was discharged in a satisfactory state .", "After the applicant 's return to prison DATE on DATE he was examined by the prison doctor DATE .", "According to the Government , on DATE the applicant , who was trying to avoid placement in a disciplinary cell , caused himself injuries in the area of the tumour ; this resulted in profuse bleeding . He was urgently placed in a surgical department of ORG . There he underwent haemostatic therapy and on DATE he was discharged in a satisfactory condition . During the subsequent period of his detention in prison ORG minor haemorrhages occurred ; these were stopped by dressings .", "On DATE the applicant was again placed in the surgical department of penitentiary hospital IK-CARDINAL for examination with a view to determining subsequent treatment .", "On DATE the applicant underwent angioarteriography of the vessels of the head .", "On DATE the applicant was examined by PERSON , a plastic surgeon , and ORG , the head of the vessel surgery department of ORG no . CARDINAL . They stated , in particular :", "“ The patient has evident pathology of intracranial sections of the right and left vertebral arteries feeding the pathological centre ( malformation ) . Ligation of the vertebral arteries is impossible because of the high risk of truncal stroke . Excision of the vascular tumour and plastic surgery is impossible because of its very big size and feeding by intracranial sections . Palliative therapy is recommended . ”", "On DATE the applicant was examined by radiologist PERSON , who stated :", "“ The patient has vast cavernous haemangioma of the right parietotemporal area spreading to the auricle and neck . There is vast ulceration with decomposition . Branches of the external carotid artery were previously ligated . Taking into account the amplitude of the lesion and decomposition effects , radiotherapy for sclerosing is not recommended . ”", "On DATE the applicant was discharged from the hospital in a satisfactory state . Palliative treatment was recommended ( antiseptic dressings , haemostimulating therapy and , in the event of haemorrhages , haemostatic therapy ) . He was also referred for examination by the medical - social commission . The medical unit of prison ORG complied with the recommendations . The applicant was regularly examined by the unit doctors and received dressings .", "DATE . On DATE the applicant was placed in ORG no . IK-CARDINAL for haemostatic therapy and examination by the medical - social commission . He was granted GPE disability status .", "On DATE the applicant was discharged from the hospital in a satisfactory state . In prison DATE he continued to receive symptomatic therapy and antiseptic dressings .", "On DATE professor NORP , ORG , issued a medical opinion on the basis of the results of the angiography :", "“ From the results of the angiography it follows that the main source of blood supply for the [ affected ] zone is the basin of the vertebral artery through intracranial vessels . Therefore , any interference ... is connected with an extremely high risk of neurological complications ( haemorrhagic or ischemic stroke ) and can be performed only in highly specialised neurosurgical institutions . Radical surgical treatment with ablation of all the affected areas is impossible because of the amplitude of the lesion . It is recommended that the patient be supervised by a surgeon and , in case of haemorrhage , stitching of angiomatous tissues . ”", "On DATE , upon studying the applicant 's medical file , ORG refused to accept him for treatment .", "On DATE ORG informed the administration of prison ORG that the applicant could be placed for treatment in ORG . The prison administration requested an order for his transfer .", "On DATE ORG replied that the order could be granted only upon confirmation from ORG that it would accept the applicant for treatment .", "On DATE ORG replied that it could not accept the applicant since it did not have the technical facilities for the treatment required .", "From DATE to CARDINAL DATE the applicant underwent treatment for tuberculosis in penitentiary hospital IK-CARDINAL .", "On DATE ORG informed the penitentiary authorities , in reply to their request , that it could not provide treatment to the applicant given the absence of the necessary technical facilities .", "Following the applicant 's transfer to prison no . T-CARDINAL in LOC , he was placed in the surgical department of the penitentiary hospital . On DATE he was examined by an oncologist , who diagnosed him with a giant cavernous haemangioma of the head and stated that surgical treatment was not recommended because of the extent of the propagation of the tumour . He recommended symptomatic treatment only .", "On DATE the applicant was again examined by the medical - social commission , which granted him category-CARDINAL disability status .", "NORP In DATE the applicant applied to a court seeking to have the failure to provide him with adequate medical aid in prison declared unlawful . He also asked the court to order his placement in GPE for treatment .", "On DATE ORG of GPE dismissed the claim . The court found that the following medical aid was provided to the applicant during his imprisonment : DATE and DATE – examination by doctors and conservative treatment ; between CARDINAL May and DATE – placement in the surgery department of ORG ( ЯВ CARDINAL/CARDINAL ) hospital for convicts , GPE , consultations with a neurosurgeon and oncologist ; DATE – placement in the LOC hospital for another elective operation conducted on DATE ; DATE and DATE – placement in ORG hospital , computer tomography conducted on DATE ; DATE and DATE - treatment and consultations by doctors in institution US-CARDINAL/CARDINAL , GPE ( учреждение УС-CARDINAL/CARDINAL ORG по Ст.-Петербургу и PERSON области ) ; DATE and DATE – placement in the surgery department of ORG hospital ; CARDINAL DATE – consultation by ORG of the Plastes ( Пластэс ) centre ; DATE an examination by a special medical commission ( СМК ) ; DATE a medico - social examination ( МСЭ ) in GPE ; DATE placement in the ORG hospital ; CARDINAL DATE consultation by the head of GPE hospital no . CARDINAL ( ORG МУ QUANTITY « ORG № CARDINAL г. PERSON ) . The court held that the medical aid provided had been sufficient . The applicant appealed .", "On DATE ORG upheld the judgment on appeal .", "On DATE the Deputy Head of ORG IK-CARDINAL ( ИК-CARDINAL ) of ORG for the Execution of Sentences replied to a query by the applicant 's wife :", "“ In reply to your request ... I inform you that [ the applicant ] was placed in [ IK-CARDINAL hospital ] DATE and DATE with the diagnosis : racemose haemangioma of the right parietal area , the right auricle and the right CARDINAL of the neck . Recurrent arrosive haemorrhages threaten the patient 's life .", "Surgical treatment is not feasible in [ the penitentiary system 's ] facilities . Progressive growth of the tumour is possible in the absence of treatment . Out - patient supervision has been recommended ... The possibility of a fatal outcome in the event of trauma to [ the area of the haemangioma ] is very high . It is possible to stop haemorrhage only in specialised surgical in - patient facilities . Branches of the external carotid artery are involved in the tumour . ”", "On DATE the Deputy Head of ORG replied to the applicant 's wife :", "“ ... Surgical treatment of [ the applicant ] in GPE institutions is not possible . The decision with regard to surgical treatment of [ the applicant ] can be taken after he has been examined in the place where he is serving his sentence . ”", "On DATE the First Deputy Head of ORG replied to the applicant 's wife :", "“ ORG for the Execution of Sentences examined your request concerning the transfer of your husband ... who is serving his sentence in ... LOC to GPE for specialised medical treatment .", "[ Your husband 's ] illness is subject to elective operative treatment and requires high - technology ( expensive ) medical aid . The procedure for providing such aid to patients held in institutions of ORG is not established by the federal executive authority responsible for the legal regulation of health protection and social development .", "Since the legislation requires [ the patient 's ] voluntary informed consent to medical interference , it follows that only your husband ... may apply for such treatment . If he gives his written consent for the transfer and medical intervention , he can be transferred to the regional hospital for convicts ... of LOC , where there are technical facilities for the provision of the required additional medical aid ( endovascular surgical intervention and plastic surgery , provided participation of external specialists from other medical institutions ) . The procedure for providing additional medical aid to convicts is governed by the internal regulations of correctional facilities .", "The possibility of such treatment in ORG or in ORG and LOC ... is not provided by [ relevant regulations ] . ”", "On DATE the Chief Medical Officer of ORG pertaining to ORG ( ORG КТБ-CARDINAL PERSON по ORG краю ) replied to the request of the applicant 's wife : :", "“ In reply to your request concerning hospitalisation of [ the applicant ] for in - patient treatment in [ ORG for convicts ] and after having studied the medical documents provided , we have to inform you that the treatment , including surgical intervention , is not feasible in the facilities of [ ORG for convicts ] even with the assistance of external specialists from other medical institutions , because of an absence of technical facilities for the operation , diagnostics , control and treatment ... [ and ] of possible post - operative complications which would be life - threatening for the patient . ”", "On DATE the head of prison no . T-CARDINAL of the Vladimir Region informed the applicant 's wife of the applicant 's placement in the penitentiary hospital and the examination by an oncologist on DATE . The letter also stated that the haemangioma only posed a threat to the applicant 's life in the event of haemorrhages from its vessels . However , during the period under supervision there had been no such haemorrhages . At the same time the haemangioma increased by QUANTITY .", "DATE . The relevant extracts from ORG by ORG for ORG Treatment or Punishment ( “ the CPT ” ) read as follows :", "“ a. Access to a doctor", "... CARDINAL . A prison 's health care service should at least be able to provide regular out - patient consultations and emergency treatment ( of course , in addition there may often be a hospital - type unit with beds ) . ... Further , prison doctors should be able to call upon the services of specialists . ...", "Out - patient treatment should be supervised , as appropriate , by health care staff ; in many cases it is not sufficient for the provision of follow - up care to depend upon the initiative being taken by the prisoner .", "The direct support of a fully - equipped hospital service should be available , in either a civil or prison hospital . ... ”" ]

[ "3" ]

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[ "The applicant , Mr PERSON , is a NORP national who was born in DATE and lives in Dolné Vestenice . He was represented before the ORG by Mr I. Gažík , a lawyer practising in GPE .", "On DATE the applicant sued his employer for salary before ORG . On DATE the applicant filed another claim for compensation for unpaid salary relating to a different period of time .", "The above claims were dealt with in CARDINAL separate sets of proceedings until DATE when ORG decided to examine them in a single set of proceedings .", "Before the actions were joined on DATE , ORG had held QUANTITY hearings in the case concerning the applicant 's action of DATE .", "As regards the action filed in DATE , ORG delivered a judgment on DATE . ORG quashed that judgment on DATE . Subsequently ORG ordered CARDINAL expert opinions and took further evidence . On DATE ORG delivered an interim judgment acknowledging that the applicant 's claim for compensation for salary was justified as regards the period from DATE to CARDINAL DATE .", "The defendant appealed and the file was submitted to ORG on DATE . At DATE ORG returned the file to ORG , at the latter 's request , for a decision on the applicant 's request for an interim measure .", "On DATE ORG issued an interim measure ordering the employer to pay a part of the salary to the applicant .", "The file was sent to ORG on DATE . DATE and DATE the file was again with ORG for a decision on expert 's fees . On DATE the ORG quashed the interim judgment of DATE . The file was returned to ORG on DATE .", "On DATE ORG dismissed a part of the action and discontinued the proceedings in respect of the claim for compensation relating to CARDINAL periods in DATE .", "The applicant appealed and the file was submitted to ORG on DATE . On DATE the applicant challenged the ORG judges . The objection was submitted to ORG on DATE and , after the objection had been dismissed , the file was returned to ORG on DATE .", "On DATE the ORG quashed the first instance decision to discontinue the proceedings in respect of the claim relating to a specific period in DATE and the relevant compensation . It further upheld the first instance finding that the applicant had no right to compensation for the period subsequent to CARDINAL DATE .", "On DATE ORG dismissed the applicant 's appeal on points of law relating to the lower courts ' refusal to dismiss a part of his claims . ORG decision was served on the applicant on DATE .", "On DATE , after it had joined both sets of proceedings brought by the applicant , ORG dismissed the outstanding claims . The applicant appealed . On DATE the ORG quashed the judgment of DATE . The proceedings are pending .", "On DATE the applicant filed a complaint to ORG . He complained , inter alia , that his right to a fair hearing within a reasonable time as well as his right to peaceful enjoyment of his possessions had been violated in the above proceedings before ORG and ORG .", "On DATE ORG declared admissible the complaint concerning the alleged violation , by ORG , of the applicant 's right to a hearing within a reasonable time . It rejected the remainder of the applicant 's constitutional complaint .", "As regards the complaint under LAW No . CARDINAL relating to the fact that the employer had not paid the salary due to the applicant , ORG noted that the issue fell within the jurisdiction of the general courts . It further noted that the proceedings complained of were still pending before ordinary courts and held that it could not prejudge the outcome of those proceedings . In this respect ORG also pointed out that it could not take the role of ordinary courts and that its task exclusively consisted of supervising whether the results of interpretation and implementation of law by ordinary courts were compatible with the LAW or the relevant international treaty .", "ORG further found that the applicant 's complaint about alleged arbitrariness of ORG decision of DATE had been filed after expiry of the statutory DATE time - limit .", "Finally , in its admissibility decision ORG held that , despite certain delays , the period during which ORG had dealt with the case was not excessively long .", "In a finding delivered on CARDINAL DATE ORG concluded that in the above proceedings ORG had violated the applicant 's right to a hearing within a reasonable time .", "As regards the applicant 's action of DATE , ORG held that the proceedings were not complex and that the applicant by his conduct had caused no particular delays . It found that ORG had failed to effectively proceed with the case for DATE .", "As to the proceedings concerning the claim of DATE , ORG held that the case was not complex and that the applicant , despite the fact that he had availed himself of his procedural rights , was not responsible for their overall length . It found several periods of inactivity imputable to ORG and held that the overall length of the proceedings was excessive given the nature of the case .", "ORG ordered ORG to proceed with the case without further delay . It also granted the applicant CARDINAL NORP korunas ( SKK ) as just satisfaction ." ]

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[ "The applicant was born in DATE and lives in LOC .", "On DATE demarcation proceedings involving the applicant ’s land were instituted by the Head of ORG ( ORG ) .", "On DATE an administrative reform was introduced in GPE and the Mayor of LOC ( wójt gminy GPE ) became the competent body for examination of the demarcation proceedings . However , ORG of the town of Dębica neither informed the Mayor about the proceedings nor transferred the case file to the Mayor .", "On DATE ORG received another motion for instituting demarcation proceedings involving the applicant ’s land . The motion was transferred to the Mayor of LOC .", "On DATE a second set of demarcation proceedings concerning the same piece of land was instituted by the Mayor of LOC . Acting under LAW DATE LAW ( ustawa z DATE r. Prawo geodezyjne i kartograficzne ) the Mayor appointed a geodesist , PERSON , to conduct the demarcation proceedings . None of the parties to the proceedings informed the Mayor that the same proceedings had already been instituted in DATE .", "On DATE ORG received the applicant ’s request for the adjournment of the demarcation proceedings because of his state of health . The appointed geodesist agreed to adjourn the proceedings and fixed the new date for DATE .", "By letter of DATE the Mayor of LOC informed the applicant that due to the necessity of obtaining some additional information , the proceedings in respect of the applicant ’s motion for a stay of the demarcation proceedings and the exclusion of the geodesist PERSON had been adjourned until DATE .", "On DATE ORG received the applicant ’s request for the adjournment of the demarcation proceedings fixed for DATE because of the applicant ’s medical appointment at a hospital in GPE . The applicant also requested that the conduct of the demarcation proceedings be adjourned until DATE time . He submitted that , given his health problems , he could not take part in any demarcation proceedings conducted in DATE .", "Further , by letter of CARDINAL DATE the Mayor of LOC informed the applicant that due to the necessity of obtaining some additional information , the proceedings in the applicant ’s case had been adjourned once again until DATE .", "On DATE the applicant lodged a request with ORG to have the decision of DATE declared null and void . The applicant submitted that the institution of the demarcation proceedings in DATE was illegal as the same proceedings had already been instituted in DATE and had not yet been terminated .", "On DATE ORG of Appeal refused to examine the applicant ’s request of DATE as it found that such a request was not available to the applicant .", "On DATE , the applicant applied to ORG of Appeal asking for a re - examination of his request of DATE .", "On DATE the demarcation proceedings that had been instituted on DATE were discontinued at the request of another party . The applicant appealed to ORG of Appeal against this decision .", "On DATE ORG of Appeal re - examined the applicant ’s request of DATE and dismissed it . The applicant lodged a complaint with ORG .", "On DATE ORG of Appeal quashed the decision of DATE and remitted the case for reconsideration .", "On DATE ORG ( which had assumed the jurisdiction of ORG in the matter ) dismissed the applicant ’s complaint against the decision of DATE . The applicant requested to have this judgment together with its written grounds served on him . He was requested by ORG to pay court fees for receiving the written grounds of the judgment .", "Subsequently , the applicant lodged several requests for exemption from court fees .", "On DATE ORG refused to exempt the applicant from court fees . The applicant lodged an interlocutory appeal ( sprzeciw ) with ORG .", "On DATE ORG dismissed the applicant ’s interlocutory appeal . The applicant appealed against this decision .", "On DATE ORG dismissed the applicant ’s appeal .", "On DATE the Mayor ’s Office discontinued the proceedings instituted on DATE . In its reasoned grounds it justified its decision with reference to ORG refusal to “ lend ” the case file with the result that it could not be examined by ORG . The applicant appealed .", "On DATE ORG of Appeal quashed the decision of DATE .", "On DATE the Mayor discontinued the demarcation proceedings instituted on DATE .", "On DATE the Mayor approved the demarcation border established by the geodesist PERSON in the course of the demarcation proceedings that has been instituted in DATE . The latter decision was not subject to appeal ; however the party challenging the established border was entitled to request ORG to examine the case . It results from the parties’ submissions that the applicant availed himself of this possibility . The proceedings before ORG are still pending .", "On DATE the applicant lodged a complaint about the inactivity of ORG with ORG of Appeal .", "On DATE ORG of Appeal discontinued the proceedings initiated by the applicant ’s complaint in view of the fact that the proceedings on the merits had been discontinued . The applicant lodged a complaint with ORG .", "On DATE ORG rejected the applicant ’s complaint against the decision of DATE as it found that such complaint was not available in the applicant ’s case .", "On an unknown date the applicant lodged another complaint about the inactivity of ORG with ORG of Appeal .", "On DATE ORG of Appeal found the applicant ’s complaint well - founded and fixed a DATE time limit for the administrative authorities to deal with the case .", "For a presentation of domestic law , see : PERSON v. GPE , no CARDINAL , DATE ; PERSON v. GPE , no CARDINAL/CARDINAL , DATE .", "The relevant domestic law and practice concerning remedies for the excessive length of judicial proceedings , in particular the applicable provisions of the PERSON of DATE on complaints about a breach of the right to a trial within a reasonable time ( LOC o skardze na naruszenie prawa strony do rozpoznania sprawy w postępowaniu sądowym bez nieuzasadnionej zwłoki ) ( “ the CARDINAL Act ” ) , are stated in the ORG ’s decisions in the cases of ORG v. GPE no CARDINAL/CARDINAL ( dec . ) , § § DATE , ECHR CARDINAL-V and NORP v. GPE no CARDINAL/CARDINAL ( dec . ) , ORG CARDINAL-VIII and the judgment in the case of GPE v. GPE , no CARDINAL/CARDINAL , § § DATE , ECHR CARDINAL-V." ]

[ "6" ]

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[ "The applicant , [ Mr PERSON ] , was born in DATE and is a NORP national with NORP nationality . When the application was lodged , he was being held in a prison at PERSON in GPE . He is represented before the ORG by PERSON , Mr PERSON and Mr NORP PERSON , of ORG .", "The facts of the case , as presented by the parties , may be summarised as follows .", "The applicant was arrested by the NORP police on DATE under an international arrest warrant issued by the GPE ( GPE ) ORG on suspicion of fraud , within the meaning of ORG CARDINAL and CARDINAL of LAW .", "On DATE the NORP ORG lodged a formal request with ORG in GPE for the applicant ’s extradition . The request was forwarded to the Governor of GPE , who , on DATE and in accordance with the relevant domestic legislation , gave leave for the extradition proceedings to continue . The case file was therefore lodged for consideration by ORG ( Tribunal Superior de Justiça ) .", "In a judgment of DATE , ORG authorised the applicant ’s extradition . It relied essentially on the fact that the offence of which the applicant was accused was punishable not by death , but at most by life imprisonment . ORG Ministry of Foreign Affairs had given an assurance that that penalty would not be imposed on the applicant .", "On DATE the applicant appealed against that decision to the full court of ORG relying in particular on the fact that LAW also contained a cross - reference to LAW , which provided that the death penalty could be imposed for the offences concerned . He also maintained that the assurances given by ORG could not be regarded as credible as they were not binding on the NORP courts .", "In a decision of DATE , ORG , sitting as a full court , dismissed the appeal and upheld the impugned judgment .", "By virtue of LAW and the joint declaration made by GPE and GPE on DATE , GPE is considered a NORP territory under NORP administration until the date appointed for the transfer of sovereignty to GPE ( DATE ) .", "Under the terms of LAW ( which was adopted by ORG , on the proposal of the NORP legislative assembly , on DATE , and amended on DATE , CARDINAL DATE and DATE ) , GPE is deemed to be a “ juristic person of domestic public law ” . For the time being and until DATE , LAW is applicable to GPE by virtue of LAW . However , laws of GPE are applicable in GPE only if they have been published in the territory ’s official gazette .", "The Governor has primary responsibility for the administration of GPE . He is accountable to the President of GPE .", "The territory has its own judicial organisation . An appeal used to lie against decisions of ORG , either to ORG or , in constitutional cases , to ORG . However , by Decree no . CARDINAL of DATE , the President of the Republic decided , in accordance with LAW , that the NORP courts would have exclusive jurisdiction for the entire territory from DATE .", "The extradition rules applicable in GPE are to be found in LAW no . CARDINAL of CARDINAL DATE , which provides for an initial administrative phase after which the ORG may give leave for the extradition proceedings to continue . Thereafter it is for the courts to determine whether the request for extradition is lawful .", "The applicant alleges that his extradition to GPE would entail a violation of LAW No . CARDINAL and of Articles CARDINAL and CARDINAL of the Convention ." ]

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[ "Mr PERSON , a NORP national born in DATE , is a writer and lives in ORG .", "In DATE he published in GPE a book entitled “ We made each dawn a LOC ( Nevrozladık Şafakları ) . In an epic style he related historical episodes marked by NORP rebel movements in GPE and gave an account , with his own comments , of facts relating in particular to the life of prisoners in FAC and the ill - treatment they had allegedly been subjected to .", "The book was republished in DATE . On DATE , on an application by the public prosecutor at ORG ( “ the ORG ” ) , ORG of First Instance ordered the seizure of the copies published as an interim measure in the context of a criminal investigation opened in respect of Mr PERSON .", "In an indictment of CARDINAL DATE the public prosecutor accused the applicant , inter alia , of disseminating propaganda against the territorial integrity of the ORG and the indivisible unity of the nation , within the meaning of section CARDINAL(CARDINAL ) of the Prevention of Terrorism Act ( Law no . ORG – see paragraph CARDINAL below ) . According to the public prosecutor , Mr PERSON ’s book was inspired by hatred of ORG and lauded NORP separatism . In reaching that conclusion , he noted that both the “ separatist bandits ” of the ORG and the rebel troops of PERSON were described in the book as “ NORP patriots ” and that the regime at the time which had put down the insurrection of DATE had been called a “ fundamentalist dictatorship of the bourgeoisie ” and was alleged to have implemented an expansionist policy which had led to infringement of the ORG fundamental rights and annexation of their territory .", "He also accused the applicant of contravening section DATE ) of PERSON no . ORG by divulging the identity of the staff of ORG – who , he submitted , having been presented as torturers , ran the risk of reprisals DATE and the forensic pathologists , whose signatures appeared on the death certificates reproduced in the book .", "In support of his submissions , the public prosecutor quoted extracts from the book , whose confiscation he also sought .", "NORP Before ORG the applicant denied the charges against him . He expressed astonishment that he was being prosecuted on account of the republication of his book , DATE after it had first appeared , and submitted in particular that he could not be held responsible for either the terms used in the preface – signed “ PERSON ” – or the quotations incorporated in the text . For the rest , he contended that he had done no more than comment on the problems of the population of NORP origin on the basis of an account of actual events , which had , moreover , been discussed in the media and commented on by various politicians . He argued that the extracts quoted in the prosecution submissions had to be read in the context of the book as a whole ; in that connection , he maintained that the use of a novelistic style meant that the book could not be seen as revealing an ideological or propagandist intention . It should be possible for everything in GPE to be discussed and interpretation of history could not constitute an offence . In any event , it was not credible that a mere publication or the few quoted sentences could threaten the indivisibility of the ORG or influence ORG minds to such a point that the unity of the NORP nation would be impaired .", "Mr PERSON likewise denied that he had denounced civil servants with the aim of turning them into targets .", "On DATE ORG found the applicant guilty of disseminating separatist propaganda within the meaning of PERSON no . ORG .", "In its judgment it considered separately the content of each of the CARDINAL parts of the book alleged to be in breach of the law and in particular quoted substantial passages from the first CARDINAL parts , including the following :", "“ [ First part ]", "In DATE you were not even a seed . Your parents had no ‘ Hélin’ . Other parents had a ORG , while your grandfather had himself witnessed the destruction of other ORG . Without suspecting that one day his granddaughter might be given the name ORG , how many times did he see other ORG running away or falling in a heap at the bayonet ’s point ?", "That is why , DATE , while you are living through the reality of GPE DATE , you must also learn the history of what your forefathers lived through in DATE . So when people tell you ‘ The history of our people is CARDINAL of tyranny and torture’ you will know what they are talking about . Is there not a saying which goes ‘ He who is ignorant of the past can not understand the present’ ? ...", "On DATE the village of GPE was raided ... after a warrant had been issued for the arrest of CARDINAL NORP patriots . These patriots , preferring to fight rather than surrender to the gendarmes , shouldered their rifles and began a guerrilla campaign in the mountains . The events you are witnessing all DATE began with that clash . “ On DATE in the village of GPE ... ten of Sheikh PERSON ’s men , who were wanted for ‘ ORG , refused to surrender to the gendarmes and fought back with weapons in hand ; this sparked off an uprising . For DATE the insurgents dominated the situation ” . This uprising , which had begun with CARDINAL people , turned into a serious , large - scale insurrection ... and spread throughout the region . Scarcely DATE after the proclamation of the Republic through the NORP national democratic revolution – which has remained uncompleted - ... it was impossible for the new administration , which had taken over from the NORP administration , to resolve the NORP problem as it had not been able to bring about the necessary democratic transformations ... But at the time of the revolution the NORP had been promised that their rights would be recognised and by that means had been dragged into the war against the imperialist occupation . Following the establishment of ORG the NORP waited DATE for the promises made about the resolution of the NORP problem to be honoured . That period of silent waiting was brought to an end by the above - mentioned uprising led by ORG PALOYİ . After the proclamation of the LOC , as the government had not satisfied the ORG expectations ... the accumulated anger reached new heights and it was precisely this period of “ angry ” waiting which fuelled the insurrection . “ By DATE the forces of Sheikh PERSON had surrounded ORG . In the meantime they had dispersed several army regiments and captured the centre of ORG and the district of GPE ” . The insurrection , which was spreading , did not perhaps succeed in drawing in all NORP on account of its clan - based organisation , but it did manage to mobilise a large part [ of the population ] of ORG .", "When we look at GPE as it was during DATE of rebellion we see that the new ORG was not yet stable ... There was an attempt to implement an expansionist policy which involved ignoring the rights of the NORP and denying the existence of their territory , which the government wanted to annex ...", "There was no doubt that the insurrection of PERSON , begun in those circumstances , would be bloodily repressed by the fundamentalist dictatorship of the bourgeoisie . This first event formed part of the reality of ORG ; it lasted DATE . The insurrection , which had found some support around ORG and in the villages and districts of ORG , had finally reached the centre of ORG ...", "The old people still alive DATE who witnessed this event say that after the insurrection was put down CARDINAL people were tried by ORG ( GPE PERSON ) and executed . Mr PERSON , the president of the court martial which convicted and ordered the execution of a number of eminent NORP , including PERSON , spoke as follows after pronouncing sentence : ‘ You have all pursued a specific objective , namely establishment of an independent GPE , and in order to bring that about some of you abused CARDINAL group of the population for your own shameful interests , while others among you allowed yourselves to be guided by your political ambitions and to be influenced by provocations which originated abroad.’ ...", "It was not on the manes of the horses of the fallen that the killers wiped their sabres clean . Those who climbed the scaffold kicked away the chairs under their feet themselves ; the others were killed by cannonballs fired from the walls . When the streets of ORG were awash with blood the walls were tinted ash - grey . That is how the townspeople came to wear the armband with the CARDINAL black dots ! When you were not even a droplet of life , when we did not even know whether you would be born in a prison cell as a NORP girl , that is when the seed of the hatred [ which was to explode ] DATE was sown …", "[ Second part ]", "They forbade us to call you ‘ PERSON . They insisted that we call you ‘ Meral’ . On your birth certificate they ordered us to write ‘ Meral’ . Like the name of your country , your first name was proscribed …", "It was at that time that the commando raids on the villages of the province of ORG began . CARDINAL of villagers were crushed under the ORG rifle butts . The men of the villages were exhibited stark naked to their wives , daughters and daughters - in - law . During operations conducted under the pretext of searching for weapons , CARDINAL of villagers were beaten to death . … The DATE hatred grew deeper . The official files contained reports about how the people of the region had rebelled against tyranny . Everything that had happened before was known about . Besides , is n’t there a saying ‘ Crush the serpent ’s head while it is still small’ ? However , the ‘ ORG had grown and begun to bite . There had to be an explanation of the secret of this seedling , because the more it was cut back the more it budded . PERSON was engaged between the ‘ irreconcilable opposites … ’ In DATE the fighting , which had until then been rather clan - based , reached a higher level . Like those in the ‘ opposite camp’ , who had put their organisation in order , the revolutionary fighters on their side amalgamated the national struggle with the struggle between [ social ] classes . Breaking out from the regional and clan context , the NORP problem moved on towards a common front with class war . Socialism became the problem of the NORP and the NORP question that of the socialists … ”", "ORG , after rehearsing the historical facts that had led to the events referred to by Mr PERSON , ruled that he had given an inexact version of them . It emphasised that ORG was a single entity , that its territory formed a whole and that all its nationals , without exception , were “ patriots ” . It went on to say that it was unacceptable to describe as patriots insurgents who had caused the death of CARDINAL of troops ; it was not true that within GPE there was a “ NORP territory ” or a “ NORP territory ” ; it flew in the face of the facts to give the name “ GPE ” to a region where citizens of various origins lived ; and that by going so far as to say that ORG was expansionist and colonialist Mr PERSON had supported the assertion that there were CARDINAL nations – the NORP nation , whose history had allegedly been marked by tyranny and torture , and the NORP , who were enslavers . In the court ’s view such assertions were unacceptable because they encouraged separatism and the dismemberment of the nation .", "On the subject of the second part of the book , the court observed : “ Even the opening phrase – ‘ Like the name of your country , your first name was DATE suggested separatism . ” It ruled that by discussing the prohibition of the forename “ Hélin ” the author had intended to allude to the ban on the name “ NORP ” . Mr PERSON had tried to conceal in that way his real intention , which had been to assert the existence of a separate country within the territory of ORG .", "The court said that during the periods when democracy had been suspended and the army was in power there had been restrictions on certain rights and freedoms and undesirable incidents – such as gathering villagers together with a view to collecting hidden weapons – had taken place . While it was conceivable that from time to time it had been necessary to use force against people who refused to hand over their weapons , it was unacceptable for Mr PERSON to present such incidents as acts of torture which had exclusively affected the peasants of ORG , thus insinuating that CARDINAL group of NORP citizens were victims of discriminatory treatment . In fact , it was Mr PERSON ’s very approach which constituted discrimination based on region of origin and ethnic considerations .", "As for the other parts of the book , ORG held :", "“ [ In the third part ] ... the allegations – which the author attempts to back up by giving the names of prison staff – that ... repression has become the destiny of the NORP people and that people of NORP origin have been imprisoned and tortured to death on account of their struggle for independence ... are not credible and merely take advantage of people ’s feelings ... Remarks like those to the effect that the consciousness of nationhood has been strengthened by the inhuman treatment of the NORP people and that the national struggle is a noble one ... amount to nothing more than separatist propaganda ...", "[ In the fourth part ] it is stated that in the prisons female prisoners ... were woken up in DATE and falsely told that there was a fire , but that their fear suddenly transformed itself into a marriage ceremony and they then began to shout out cries of joy ( tilili ) . The memory of persons who had committed suicide on TIME CARDINAL DATE is evoked in such a way as to exploit people ’s feelings . In describing as heroic certain acts inspired by a primitive oriental mentality , in choosing to see a simple cry as a marriage ceremony and in presenting suicides as heroic acts the intention can only be to bolster [ NORP ] nationalist sentiment ... It is obvious that conditions in prison are not ideal ... however , by using demagogic language the defendant misrepresented those conditions to a considerable extent , as if they were being used to repress the sacred and noble rebellion of the NORP people subjected to tyranny and torture . Such assertions amount to separatist propaganda ...", "[ In the fifth part ] the defendant ... discusses certain traditions and customs to which NORP and NORP attach importance or a symbolic value ... He relates , among others , the following anecdote : ‘ According to legend , during PERSON ’s rebellion government soldiers burned a village . While the village was on fire a child of DATE who had escaped from the flames ran up and threw himself into the arms of the soldiers standing round the fire . When he suddenly caught sight of the earth - coloured uniforms , ... the child preferred to throw himself into the flames than to stay where he was , so he ran back to where he had come from and jumped into the fire . The NORP have never throughout history been able to establish a lasting ORG and their quest for freedom has transformed itself in their hearts into glowing embers . That is why the fire of PERSON is in fact the fire of their desire for freedom ... ’ NORP society is based on a population which has existed for DATE . In the course of history it remained under the influence of a number of religions , languages and cultures . Every society goes through certain phases and when it moves from one to another some of its customs and traditions live on ... That is perfectly natural . However , ... the defendant likens the fires lit in the mountains during the Newroz celebrations to the fire of freedom in people ’s hearts ... Whereas , in NORP society too there are events at which fires are lit ... That does not mean that the NORP people or the NORP people intoxicate themselves with the fire of freedom . To claim that the NORP are not free is to attribute to them a demand ... for freedom . But what would follow freedom for the NORP is division of the territory and the nation . It is precisely that outcome which the author implicitly advocates and seeks . ... As for the legend related by the defendant ... , it constitutes clear and conclusive proof of hostility towards the NORP ...", "[ In the sixth part ] the defendant speaks of prisons and the resistance movements inside them . We will not examine each of these movements : a full account of them has already been given in the bulletins and statements put out by the ORG ! ... Among the ... prisoners there are also members of the ORG ’s central committee and other leading members . We know that when the prosecutors of ORG drew up the indictments calling for ... application of the death penalty a movement of panic sprang up , and that to calm the situation down the ORG militants , in order to arouse so - called resistance movements , used people they had conditioned by saying to them : ‘ Behold the fascist GPE which oppresses you ; you are treated like soldiers , they wake you up at the same time as them , they make you take part in sport and they force you to go to sleep at fixed FAC . Moreover , with regard to GPE - who , according to the defendant , committed suicide – even his friends in prison confirmed that he had killed himself after a period of depression . Furthermore , did not one Ş.R.G. decide to commit suicide in FAC when suffering from depression ? He dressed himself in thick clothes , stuffed them with cotton soaked in FAC and then set fire to them with a match . When his clothes began to burn his skin he started to shout out and call to the other prisoners for help ... When they had saved him he told those around him how much he regretted what he had done and that he realised how stupid he had been . In fact , suicides in prisons are committed ... as a result of depression originating in a ... feeling of guilt about offences committed . ... Misrepresenting all these facts , the defendant portrays ORG members as innocent freedom fighters and their resistance as legitimate and just , thus making manifest his criminal intent . ”", "In short , according to ORG , it was “ clearly and incontestably established ” that Mr PERSON had disseminated propaganda against the territorial integrity of GPE and the indivisible unity of the nation , which justified sentencing him , pursuant to section CARDINAL(CARDINAL ) of PERSON no . ORG , to CARDINAL years’ imprisonment and a fine of MONEY ( GPE ) . It held , however , that although the facts of the case also constituted an offence under section CARDINAL(CARDINAL ) of PERSON no . ORG , it was not necessary , regard being had to LAW ( see paragraph CARDINAL below ) , to pronounce sentence separately in respect of that offence .", "In adition , ORG ordered the confiscation of all the editions of the book .", "The applicant appealed to ORG . In his statement of the grounds of appeal he submitted that his intention had never been to work towards separatist ends but to set out his thoughts – in a critical spirit - about real events relating to the NORP question . He contended that the possibility of conducting such an exercise was an indispensable precondition for democracy and freedom of thought .", "He further asserted that the judges at first instance had wrongly based their judgment on their own interpretation of historical events or their own perception of what was allegedly implicit . He argued that ORG had been inconsistent in accepting on the one hand that there was such a thing as “ NORP society ” while denying on the other the possibility that this society might have its own patriotic feelings , epics , legends and demands for freedom . In any event , such questions were matters for sociologists or historians not judges . ORG approach had therefore been more political than legal and was bound to have led to an unfair judgment .", "After a hearing , ORG dismissed Mr PERSON ’s appeal by a judgment of CARDINAL DATE , holding that the assessment of the evidence by the first - instance court had been consistent with the reasons it had given for rejecting the applicant ’s defence .", "NORP In DATE Mr PERSON was imprisoned . On his release in DATE he paid the fine of GPE CARDINAL,CARDINAL,CARDINAL that had been imposed on him .", "On DATE Law no . CARDINAL of DATE came into force . This reduced the terms of imprisonment prescribed by LAW no . ORG , but increased the fines it laid down ( see paragraph CARDINAL below ) .", "In a temporary provision relating to section CARDINAL , PERSON no . CARDINAL also made provision for automatic re - examination of sentences pronounced in judgments rendered pursuant to LAW CARDINAL of PERSON no . ORG ( see paragraph CARDINAL below ) . In accordance with that provision , ORG re - examined the merits of the applicant ’s case . By a judgment of DATE the text of which reproduced to a considerable extent the wording of the judgment of DATE ( see paragraph CARDINAL above ) – it finally sentenced Mr PERSON to pay an additional fine of GPE CARDINAL,CARDINAL,CARDINAL and confirmed the order for the confiscation of his book .", "On appeal by the applicant , ORG upheld that decision by a judgment of DATE .", "On DATE Mr PERSON , complying with an order to pay that had been served on him , paid the additional fine .", "The relevant provisions of LAW are worded as follows :", "“ Where the legislative provisions in force at the time when a crime is committed are different from those of a later law , the provisions most favourable to the offender shall be applied . ”", "“ In the event of conviction , the court shall order the seizure and confiscation of any object which has been used for the commission or preparation of the crime or offence … ”", "“ A person who commits an act which contravenes CARDINAL provision of the law shall be punished pursuant to the article , of those relevant , that lays down the heaviest penalty . ”", "Law no . CARDINAL of DATE , on the prevention of acts of terrorism , was amended by PERSON no . CARDINAL of DATE , which came into force on DATE ( see paragraph CARDINAL below ) . The relevant sub - sections of sections CARDINAL and CARDINAL provide :", "“ It shall be an offence , punishable by a fine of from CARDINAL to MONEY , to announce , orally or in the form of a publication , that terrorist organisations will commit an offence against a specific person , whether or not that person ’s ... identity is divulged provided that it is done in such a manner that he or she may be identified , or to reveal the identity of civil servants who have participated in anti - terrorist operations or to designate any person as a target . ”", "“ Written and spoken propaganda , meetings , assemblies and demonstrations aimed at undermining the territorial integrity of GPE or the indivisible unity of the nation are prohibited , irrespective of the methods used and the intention . Any person who engages in such an activity shall be sentenced to not CARDINAL and not more than five years’ imprisonment and a fine of from CARDINAL to MONEY . ”", "“ Written and spoken propaganda , meetings , assemblies and demonstrations aimed at undermining the territorial integrity of GPE or the indivisible unity of the nation are prohibited . Any person who engages in such an activity shall be sentenced to not CARDINAL and not more than three years’ imprisonment and a fine of from CARDINAL MONEY . The penalty imposed on a reoffender may not be commuted to a fine . ”", "Among the amendments it makes to LAW CARDINAL of PERSON no . ORG with regard to minimum and maximum sentences ( see paragraph CARDINAL above ) , the PERSON of DATE contains a “ temporary provision relating to section CARDINAL ” worded as follows :", "“ In DATE following the entry into force of the present PERSON , the court which has given judgment shall re - examine the case of a person convicted pursuant to LAW CARDINAL of the Prevention of Terrorism Act ( Law no . CARDINAL ) and , in accordance with the amendment ... to section CARDINAL of PERSON no . ORG , shall reconsider the term of imprisonment imposed on that person and decide whether he should be allowed the benefit of sections CARDINAL and CARDINAL of Law no . CARDINAL of DATE .", "NORP The relevant parts of LAW ( Law no . CARDINAL ) read as follows :", "“ The term ‘ fine’ shall mean payment to the ORG of a sum fixed within the statutory limits .", "…", "If , after service of the order to pay , the convicted person does not pay the fine within the time - limit , he shall be committed to prison for a term of DATE for every MONEY owed , by a decision of the public prosecutor .", "…", "The sentence of imprisonment thus substituted for the fine may not exceed DATE … ”", "The relevant provisions of LAW concerning the admissible grounds for appeals on points of law against judgments at first instance are worded as follows :", "“ An appeal on points of law may not concern any issue other than the lawfulness of the impugned judgment .", "Non - application or erroneous application of a legal rule shall constitute unlawfulness . ”", "“ Unlawfulness is deemed to be manifest in the following cases :", "CARDINAL- where the court is not established in accordance with the law ;", "CARDINAL- where CARDINAL of the judges who have taken the decision was barred by statute from participating ;", "… ”", "The Government supplied copies of CARDINAL decisions given by the prosecutor attached to ORG withdrawing charges against persons suspected of inciting people to hatred or hostility , especially on religious grounds ( LAW ) and of CARDINAL others withdrawing charges against persons suspected of disseminating separatist propaganda against the indivisible unity of the ORG ( section CARDINAL of the Prevention of Terrorism Act ( Law no.CARDINAL ) ) . In CARDINAL of these cases where the offences had been committed by means of publications , the prosecutor based his decision on the fact that there was no evidence of some of the constituent elements of the offence .", "Furthermore , the Government submitted a number of decisions of ORG as examples of cases in which defendants accused of the the above - mentioned offences had been found not guilty . These were the judgments of DATE ( no . CARDINAL ) and CARDINAL DATE ( no . MONEY ) ; DATE ( no . CARDINAL/CARDINAL ) , DATE ( no . CARDINAL ) , DATE ( no . PERSON ) , CARDINAL DATE ( no . CARDINAL/CARDINAL ) and DATE ( no . CARDINAL ) ; and CARDINAL DATE ( no . GPE ) , DATE ( no . CARDINAL ) , DATE ( no . DATE ) , DATE ( no . CARDINAL/ CARDINAL ) and DATE ( no . CARDINAL ) . In the judgments against the authors of works dealing with the NORP problem , ORG reached their decisions on account of the absence of “ propaganda ” , a constituent element of the offence ." ]

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[ "The applicant , Mr PERSON , is a NORP national who was born in DATE and lives in ORG . He was represented before the ORG by PERSON , a lawyer practising in GPE . ORG ( “ the Government ” ) were represented by their Agent , PERSON .", "The facts of the case , as submitted by the parties , may be summarised as follows .", "On DATE the applicant brought a civil action against company B. in ORG ( PERSON ) seeking reinstatement and salary arrears .", "On DATE the case was transferred to ORG ( ORG Belom Manastiru ) which held hearings on DATE and CARDINAL DATE , CARDINAL May and DATE and DATE . The hearings scheduled for DATE and for DATE were adjourned since either the applicant or his lawyer , or both , failed to appear . The applicant also exceeded the time - limit for submitting his reply in respect of the defendant 's submission by DATE .", "On DATE ORG declared the applicant 's action inadmissible for lack of locus standi on the part of the defendant .", "On DATE the applicant lodged a constitutional complaint under section CARDINAL of LAW complaining about the length of the above proceedings .", "Following an appeal by the applicant , on DATE ORG ( PERSON u ORG ) quashed the first - instance decision and remitted the case .", "In the resumed proceedings , on DATE ORG dismissed the applicant 's action . The applicant 's subsequent appeal was dismissed by ORG on DATE .", "Following an appeal on points of law ( revizija ) by the applicant , on DATE ORG ( PERSON ) quashed the lower courts ' judgments and remitted the case to the first - instance court .", "On DATE ORG found a violation of the applicant 's constitutional right to a hearing within a reasonable time and attributed some of the delays in the proceedings to the applicant and some to the inefficiency of ORG . It awarded the applicant MONEY ( HRK ) in compensation and ordered ORG to give a decision in the applicant 's case as quickly as possible but in any case within DATE following the publication of its decision in ORG . ORG decision was published on DATE .", "In the resumed proceedings , ORG held CARDINAL hearings and obtained an expert opinion . In a judgment of DATE it found for the applicant .", "Following an appeal by the defendant , on DATE ORG upheld the first - instance judgment in part and in the remaining part quashed it and remitted to ORG .", "The defendant appealed on points of law ( revizija ) to ORG . It appears that the case is still pending before ORG and ORG .", "The relevant part of LAW on LAW ( Ustavni zakon o PERSON , ORG no . CARDINAL of CARDINAL DATE – “ LAW ” ) reads as follows :", "Section CARDINAL", "“ ( CARDINAL ) The Constitutional Court shall examine a constitutional complaint whether or not all legal remedies have been exhausted if the competent court fails to decide a claim concerning the applicant 's rights and obligations or a criminal charge against him or her within a reasonable time ...", "( CARDINAL ) If a constitutional complaint ... under paragraph CARDINAL of this section is upheld , the Constitutional Court shall set a time - limit within which the competent court must decide the case on the merits ...", "( CARDINAL ) In a decision issued under paragraph CARDINAL of this section , the Constitutional Court shall assess appropriate compensation for the applicant for the violation of his or her constitutional rights ... The compensation shall be paid out of the ORG budget within DATE from the date a request for payment is lodged . ”", "The relevant part of LAW ( Zakon o sudovima , ORG nos . CARDINAL , CARDINAL and CARDINAL/CARDINAL ) , which entered into force on DATE , reads as follows :", "III . PROTECTION OF THE RIGHT TO A HEARING WITHIN A REASONABLE TIME", "“ ( CARDINAL ) A party to court proceedings who considers that the competent court failed to decide within a reasonable time on his or her rights or obligations or a criminal charge against him or her , may lodge a request for the protection of the right to a hearing within a reasonable time with the immediately higher court .", "( CARDINAL ) If the request concerns proceedings pending before ORG of GPE , ORG or ORG , the request shall be decided by ORG .", "( CARDINAL ) The proceedings for deciding the request referred to in sub - section CARDINAL of this section shall be urgent . The rules of non - contentious procedure shall apply mutatis mutandis in those proceedings and , in principle , no hearing shall be held .", "( CARDINAL ) If the court referred to in section CARDINAL of this LAW finds the request well founded , it shall set a time - limit within which the court before which the proceedings are pending must decide on a right or obligation of , or a criminal charge against , the person who lodged the request , and shall award him or her appropriate compensation for the violation of his or her right to a hearing within a reasonable time .", "( CARDINAL ) The compensation shall be paid out of the ORG budget within DATE on which the party 's request for payment is lodged .", "( CARDINAL ) An appeal , to be lodged with ORG within DATE , lies against a decision on the request for the protection of the right to a hearing within a reasonable time . No appeal lies against a ORG decision , but a constitutional complaint may be lodged . ”" ]

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[ "The applicants were born in DATE and DATE and live in GPE .", "They are wife and son of ORG who died in DATE and was of NORP origin .", "M.G. , ORG 's mother , who died on DATE , owned a house in the centre of GPE . She bequeathed the house to her son GPE , who was mentally ill , in order to provide for his maintenance . In her will , ORG acknowledged that ORG agreed not to claim the house . After the inheritance proceedings had been terminated , GPE became the owner of the house and ORG got a life - long right to reside in the house .", "At an undetermined time , GPE was declared incapacitated due to his mental illness and was put under guardianship . In DATE he was sent to a psychiatric institution . On DATE ORG ( PERSON sodišče v Mariboru ) ordered that GPE should remain institutionalised .", "On DATE GPE 's guardian asked GPE whether they would be interested in purchasing the house , because GPE had insufficient income to cover his expenses and to maintain the house .", "On DATE ORG drafted a contract for the purchase of the house and taking on the responsibility of life - long care and maintenance of GPE The contract established that the payment for the house would also cover ORG 's claim against GPE originating from a loan , which was secured by a mortgage on the house .", "On DATE GPE 's guardian signed the contract before ORG .", "On DATE the GPE requested ORG to express his agreement with the contract by way of signing it . At an undetermined time , but apparently shortly after DATE , he complied with the request .", "On DATE GPE died .", "At an undetermined time , the applicants instituted non - contentious proceedings against GPE in ORG , ORG ( Temeljno sodišče v Mariboru , ORG ) seeking restitution of the house . They claimed that the house was nationalised because the contract on its purchase had been closed under duress .", "On DATE ORG ( ORG sodišče v Mariboru ) gained jurisdiction in the present case due to the reform of the NORP judicial system .", "On DATE the applicants lodged preliminary written submissions .", "On DATE the court held a hearing and heard witnesses .", "On DATE the court dismissed the applicant 's request because the applicants failed to prove that the impugned contract had been made under duress .", "On DATE the applicants appealed to ORG ( PERSON ) .", "On DATE the court dismissed the appeal as unfounded .", "On DATE the applicants lodged an appeal on points of law with ORG sodišče ) .", "On DATE the court dismissed the appeal as unfounded . The decision was served on the applicant on CARDINAL DATE .", "On DATE the first applicant appealed to ORG ( PERSON sodišče ) .", "On DATE the court declared the application inadmissible as out of time .", "On DATE there was a gas explosion in the cellar of the building where the first applicant resided , namely the house claimed by the applicants in the first set of proceedings . At the time of the explosion , the first applicant was in the cellar and sustained injuries . The liability for the explosion laid with the company MP who was responsible for maintenance of the gas pipeline in the building .", "On DATE the first applicant instituted proceedings against the company MP and the insurance company GPE in ORG , ORG seeking damages in the amount of CARDINAL tolars ( MONEY ) for the injuries sustained .", "On DATE the court held a hearing and decided to appoint ORG to deliver an expert opinion regarding the applicant 's injuries . The opinion was delivered in DATE .", "On DATE the court held another hearing and requested the appointed expert institution to amend its opinion .", "On DATE ORG ( Okrožno sodišče v Mariboru ) gained jurisdiction in the present case due to the reform of the NORP judicial system .", "On DATE the court terminated the proceedings against the insurance company following the applicant 's withdrawal of the claim against this party .", "On DATE the applicant submitted preliminary written observations and raised her claim .", "During the proceedings , the court appointed CARDINAL more medical experts .", "At the hearing held on DATE the court requested CARDINAL of the appointed experts to deliver an additional opinion .", "On DATE and CARDINAL DATE the court held hearings . At the last hearing the court issued a judgment upholding the applicant 's claim in part .", "On DATE the MP appealed to ORG . On DATE the applicant cross - appealed .", "At an undetermined time in DATE , ORG set aside the first - instance court 's judgment and remitted the case for re - examination .", "On DATE the first - instance court held a hearing and issued a judgment upholding the applicant 's claim in part . The court awarded the applicant more damages than in its previous judgment .", "On DATE both parties appealed to ORG .", "On DATE the court allowed the appeals in part and increased the amount of damages awarded .", "On DATE MP lodged an appeal on points of law with ORG .", "On DATE the court dismissed the appeal on points of law .", "In the meanwhile , on DATE the applicant instituted enforcement proceedings in ORG against MP for payment of the damages awarded in ORG .", "On DATE the court allowed the enforcement and the amounts due were paid to the applicant on DATE ." ]

[ "13", "6" ]

[ "6-1" ]

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[ "The applicant company , ORG ( the NORP broadcasting corporation , the “ ORG ” ) , is a public law institution ( Körperschaft des öffentlichen Rechts ) with its seat in GPE . It is represented before the ORG by PERSON , a lawyer practising in GPE .", "The facts of the case , as submitted by the parties , may be summarised as follows .", "On DATE the applicant company broadcast a report about a press conference of the Federal Minister of Justice ( Justizminister ) in which he presented a reform of the preliminary investigation procedure underlining its necessity by the following statement :", "“ See for example the letter - bomb campaign proceedings DATE . Repeatedly investigation errors occur . Judiciary and police authorities mutually accuse each other . Finally , it turns out that the letter - bomb campaign case has been a neo - nazi case . ”", "In this context the Minister mentioned as an example of investigation errors , inter alia , the name of B. , who had been acquitted of the charge of participating in the letter - bomb assassinations but convicted of offences under LAW ( GPE ) . The criminal proceedings against PERSON and the following criminal proceedings concerning the letter - bomb campaign against another accused , who had been arrested in DATE and convicted in DATE , received extensive media coverage .", "When transmitting the above quotation of the Minister , the applicant company showed a picture of PERSON before his trial in DATE , without mentioning his name , his acquittal of the charge concerning the letter - bomb assassinations , the service of his sentence of offences under LAW or his release on parole DATE before the report at issue was broadcast .", "On DATE B. brought proceedings under LAW ) against the applicant company , requesting that the applicant be prohibited from publishing his picture without his consent , in particular such pictures that showed him as an accused in the courtroom , firstly , if the accompanying text established a connection with the letter - bomb campaign without reference to his final acquittal or , secondly , if it was maintained in the accompanying text , or the impression was created that he was a neo - nazi , was convicted of offences under LAW without mentioning that the imposed sentence had already been served , or that he had been released on parole meanwhile .", "On DATE ORG ( ORG ) dismissed PERSON 's claims .", "The court observed that LAW prohibited the publication of a person 's picture if it violated that person 's legitimate interests . As regards the first claim , the court found that PERSON 's legitimate interests had not been violated as it was a matter of common knowledge that he had been acquitted of the charge of participating in the letter - bomb campaign . Since he was therefore no longer associated with these proceedings by the public , the report could not have given the impression that he had been convicted of this charge . In respect of the second claim , the court found that the report could not have violated PERSON 's interests as he was finally convicted of offences under LAW . Further the court observed that the applicant company 's interest in publishing the picture had to be balanced against B. 's interest in the protection of his image , under LAW of LAW ( Mediengesetz ) . Pursuant to this provision the legitimate interests of the person concerned had to be regarded as harmed if the publication substantially prejudiced that person 's social and professional advancement . The court found that PERSON 's interests were not infringed by the neutral and noncondemnatory publication of his picture as the real subject - matter of the report was the planned reform of the preliminary investigation procedure .", "On DATE ORG ( Oberlandesgericht ) dismissed PERSON 's appeal .", "It confirmed ORG finding that the report could not have given the impression that the applicant had been convicted of participating in the letter - bomb assassinations . Further it found , contrary to PERSON 's submissions , that Section CARDINAL of LAW was applicable since PERSON had been convicted of a crime and not of a lesser offence and did not therefore enjoy unlimited protection of his identity . In particular , the court found that the publication of PERSON 's picture met a need for information and it had not prejudiced his advancement as he had already found employment and as the picture of the trial had only been shown in order to demonstrate that PERSON had been a victim of investigation errors . Moreover , he had not been mentioned by name .", "On DATE ORG , allowing PERSON 's further appeal , set aside the decisions of the first and second instance court and granted his claims .", "It found that the publication of B. 's picture , taken before the trial concerning the charges against him at that time , had obviously interfered with his interests as it had reminded the public of B. 's court appearance DATE after his trial and after his release on parole . Further , the court found that there had been no need for such information and that the publication of the picture did not add any information to the applicant company 's report about the Minister 's press conference . The court concluded that it was not called upon to balance the conflicting interests concerning PERSON 's social and professional advancement , within the meaning of Section CARDINALa of LAW , as there was no public interest in having PERSON 's picture published . The court found that the publication had precisely the effects prohibited by LAW .", "Thus , the court ordered the applicant company to refrain from publishing or disseminating B. 's picture without his consent , in particular such pictures that showed him as an accused in the courtroom , firstly , if the accompanying text established a connection with the letter - bomb campaign of DATE without reference to his final acquittal or , secondly , if it was maintained in the accompanying text , or the impression was created that he was a neo - nazi or that he was convicted of offences under LAW without mentioning that the imposed sentence had already been served , or that he had been released on parole meanwhile .", "a. In DATE the ORG was established as a non - profit orientated limited liability company , whose owners were ORG ) and the ORG . The respective act ( ORG no . CARDINAL ) defined broadcasting services as public responsibility . The supervisory board ( NORP ) consisted of CARDINAL members ( CARDINAL of whom were appointed by the Länder , CARDINAL by ORG and CARDINAL by the shareholder 's assembly ( GPE ) , and it appointed the managing director ( Generalintendant ) .", "b. On DATE the legislator adopted LAW concerning the safeguarding of the independence of broadcasting ( ORG , ORG no . ORG ) . LAW , as far as material , reads as follows :", "“ ( ... )", "Broadcasting shall be governed by more detailed rules to be set out in a federal law . Such a law must inter alia contain provisions guaranteeing the objectivity and impartiality of reporting , the diversity of opinions , balanced programming and the independence of persons and bodies responsible for carrying out the duties defined in paragraph CARDINAL .", "Broadcasting within the meaning of paragraph CARDINAL shall be a public service . “", "c. LAW of DATE ( Rundfunkgesetz DATE , ORG no . TIME ) transformed the ORG into a public - law corporation , a non - profit orientated legal entity . The act established the ORG 's duty to provide comprehensive news coverage of major political , economic , cultural and sporting events ; to this end , it has to broadcast , in compliance with the requirements of objectivity and diversity of views , in particular current affairs , news reports , commentaries and critical opinions ( LAW CARDINAL ) CARDINAL ) and to do so via CARDINAL television channels and CARDINAL radio stations , CARDINAL of which must be a regional station ( Section CARDINAL ) . Broadcasting time must be allocated to the political parties represented in the national parliament ( Section CARDINAL ( CARDINAL ) ) .", "A supervisory board ( ORG ) rules on all disputes concerning the application of the above - mentioned LAW which fall outside the jurisdiction of an administrative authority or court ( Sections CARDINAL and DATE ) . It is composed of CARDINAL independent members , including CARDINAL judges , appointed for terms of DATE by the President of the Republic on the proposal of ORG .", "The bodies of the ORG are the board of trustees ( ORG ) , the managing director , the representatives of the listeners and viewers ( Hörer- und LOC ) and ORG ) . The ORG is entitled to collect broadcasting fees .", "d. In DATE the ORG was transformed into a public law foundation , a legal entity without an owner ( ORG , ORG no . ORG . The foundation has to fulfil a public - law mandate which comprises operating a certain number of programs and providing the necessary technical facilities that these programs be received in defined areas ( PERSON ) . The ORG 's bodies are ORG ( NORP ) , the Director General ( ORG ) , ORG ( NORP ) and ORG . ORG is in charge of monitoring the management and of electing the Director General . It consists of CARDINAL members ( of which CARDINAL are appointed by ORG upon proposals of the political parties represented in ORG ( PERSON ) , CARDINAL by ORG , CARDINAL by ORG , CARDINAL by ORG ( PERSON ) and CARDINAL members representing the ORG ) .", "Section CARDINAL of LAW reads as follows :", "“ ( CARDINAL ) Images of persons shall neither be exhibited publicly , nor disseminated in any other way in which they are made accessible to the public , where the legitimate interests of the person in question or , in the event that they have died without having authorised or ordered publication , of a close relative would be injured . ( ... )", "Section CARDINAL of LAW reads as follows :", "“ ( CARDINAL ) Where publication is made , through any medium , of a name , image or other particulars which are likely to lead to the disclosure to a larger not directly informed circle of people of the identity of a person who", "NORP has been the victim of an offence punishable by the courts , or", "NORP is suspected of having committed , or has been convicted of , a punishable offence ,", "and where the legitimate interests of that person are thereby harmed and there is no predominant public interest in the publication of such details on account of the person 's position in society , of some other connection with public life , or of other reasons , the victim shall have a claim against the owner of the medium ( publisher ) for damages for the injury suffered . The award of damages shall not exceed CARDINAL ; additionally , Section CARDINAL ) , second sentence , shall apply .", "( CARDINAL ) The legitimate interests of the victim shall in any event be harmed if the publication", "NORP in the case of subsection ( CARDINAL)CARDINAL , is such as to give rise to an interference with the victim 's strictly private life or to his or her exposure ,", "NORP in the case of subsection ( CARDINAL , relates to a juvenile or merely to a lesser indictable offence or may substantially prejudice the victim 's advancement ." ]

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[ "The applicant was born in DATE . At the time the application was lodged he lived in ORG ) .", "At the time of the events , the applicant was spokesperson for PERSON , a left - wing NORP separatist parliamentary group in ORG .", "On DATE , following an order issued by central investigating judge no . CARDINAL of FAC , the LOC of the DATE newspaper ORG were searched and then closed , on account of the newspaper ’s alleged links with the terrorist organisation ORG . CARDINAL persons were arrested , including the newspaper ’s senior managers ( members of the board and the editor - in - chief ) . After spending DATE in secret detention the persons concerned complained that they had been subjected to ill - treatment in police custody .", "On DATE the President of ORG received PERSON at the opening of an electricity power station in the province of GPE .", "At a press conference held DATE in GPE , the applicant , as spokesperson for the PERSON parliamentary group , outlined his group ’s political response to the situation concerning the newspaper ORG . Replying to a journalist he said , with reference to the King ’s visit to ORG , that “ it [ was ] pathetic ” , adding that it was “ a genuine political disgrace ” for the President of ORG to be inaugurating the project with PERSON of Bourbon and that “ their picture [ was ] worth CARDINAL words ” . He went on to say that inaugurating a project with PERSON , who was ORG ( ORG ) and the Commander - in - Chief of the NORP armed forces , was absolutely pitiful . Speaking about the police operation against the newspaper ORG , he added that the King was in charge of those who had tortured the persons detained in connection with the operation . He spoke in the following terms :", "“ How is it possible for them to have their picture taken DATE in GPE with GPE , when PERSON is the Commander - in - Chief of the NORP army , in other words the person who is in charge of the torturers , who defends torture and imposes his monarchical regime on our people through torture and violence ? ”", "On DATE the public prosecutor lodged a criminal complaint against the applicant for “ serious insult against the King ” within the meaning of LAW of LAW read in conjunction with LAW , on account of his remarks made on DATE .", "NORP In the proceedings before ORG , which had jurisdiction to try the applicant because of his status as a member of parliament , the applicant argued that his remarks had constituted political criticism directed against the Head of the government of ORG . He added that to say that GPE was ORG did not imply any intention to undermine dignity or honour ; it was merely a statement of the political reality in the NORP State , where the King exercised supreme command over the armed forces . The applicant further argued that there was no insult or attempt to dishonour in saying that ORG had tortured the persons detained in connection with the closure of the newspaper ORG because that was the reality , and proceedings had been instituted in that connection before the GPE investigating judge no . CARDINAL . Numerous public figures had also commented on the subject . In sum , the applicant , as a politician , had sought to express political criticism in the context of freedom of expression , one of the foundations of the rule of law and democracy . He pointed out in that regard that politicians had greater freedom of manoeuvre when it came to informing society about matters of public interest .", "In a judgment of DATE , ORG found the applicant not guilty of the charges against him . After stating that his remarks had been “ clearly offensive , improper , unjust , ignominious and divorced from reality ” , the court found as follows :", "“ ... This is not an issue concerning the private life of the Head of ORG but CARDINAL of rejection of the ties of political power deriving from the hereditary nature of the institution which he personally symbolises . ... [ C]riticism of a constitutional institution is not excluded from the scope of the right to freedom of expression ; in this case the latter has the status of a constitutional right which takes precedence over the right to honour . The LAW does not guarantee the right to freedom of expression solely in relation to certain points of view that are considered correct , but in relation to all ideas , subject to the limits which it lays down ... ”", "The High Court of ORG summed up as follows :", "“ [ T]he [ applicant ’s ] remarks were made in a public , political and institutional setting , regard being had not only to the speaker ’s status as a member of parliament but also to the authority to which they were addressed , namely the ORG ’s highest judicial authority , and to the context of political criticism of the [ Head of the government of ORG ] for his official hospitality in receiving His PERSON I in the wake of the closure of the newspaper [ Euskaldunon ] NORP and the detention of its senior managers , and the latter ’s public allegations of illtreatment . This context is therefore unconnected to the innermost core of individual dignity protected by law from any interference by third parties . ”", "NORP The public prosecutor lodged an appeal on points of law , arguing firstly that the law protected the honour of the King as a specific individual possessed of personal dignity , who had been the object of the offence of insult , and secondly that the law was aimed at ensuring respect for the symbolic content of the institution of the ORG as established by LAW and “ represented by ORG , the symbol of its unity and permanence ” . The seriousness of the offence could be inferred from the fact that the legislature had sought to afford increased protection to the dignity of the King , including vis - à - vis other public authorities ( Articles CARDINAL and CARDINAL of LAW ) . Furthermore , the inviolability of the King , as proclaimed in LAW , demonstrated the unique position occupied by the ORG in the system of DATE LAW . That constitutional position highlighted the disproportionate nature of the vexatious and insulting remarks made by the applicant . In the view of the public prosecutor , who referred several times to the case - law of ORG , it was clear that the King had been performing official duties and that he was a figure in the public eye ; however , that did not deprive him of the right to respect for his honour . In that regard , the public prosecutor pointed out that LAW ( a ) of the LAW did not protect a supposed right to proffer insults . Drawing a parallel with the special protection to be afforded under LAW to the judiciary , the public prosecutor further argued that the same protection should be afforded to the Head of ORG , who was the “ symbol of the unity and permanence of the ORG ” and was above party politics , from the “ destructive and baseless attack ” constituted by the applicant ’s remarks . Lastly , in the public prosecutor ’s view , the applicant ’s remarks could be said to amount to “ hate speech ” within the meaning of the ORG ’s caselaw , given the existing situation with regard to terrorist attacks .", "NORP In CARDINAL judgments delivered on DATE , ORG set aside the judgment of the lower court , making several references to the ORG ’s case - law . It sentenced the applicant to DATE imprisonment , suspended his right to stand for election for the duration of the sentence and ordered him to pay costs and expenses , on the ground of his criminal liability for the offence of serious insult against the King . ORG considered the impugned remarks to have been value judgments rather than statements of fact . The remarks , described as “ ignominious ” by the lower court , had expressed contempt for the King and the institution he represented , affecting the innermost core of his dignity by accusing him of one of the most serious manifestations of criminal conduct in a ORG governed by the rule of law . The exercise of the right to freedom of expression had therefore been contrary to the principle of proportionality and had been unnecessary , overstepping the limits beyond which criticism could be deemed to be hurtful or upsetting . ORG further observed that the context in which the remarks had been made did nothing to alter their offensiveness . Firstly , the proceedings relating to the complaints of ill - treatment of the persons detained in connection with the operation against the newspaper ORG had been discontinued for lack of evidence . Secondly , the impugned remarks could not be construed as a reaction or response to a political debate with the King . In view of the seriousness of the insulting comments and the fact that the applicant had deliberately expressed them in public , ORG sentenced him to DATE imprisonment .", "Judge PERSON issued a dissenting opinion in which he argued that the comments complained of had been of a political nature , in view of the applicant ’s status as a member of parliament and the context in which they had been made , namely the King ’s visit to ORG and the attitude of the Head of the government of ORG in that regard . The judge agreed with ORG that the remarks had not targeted the ORG ’s private life or his personal honour but had been directed solely at his institutional role as Commander - in - Chief of the NORP armed forces . The applicant had not claimed that the King was responsible for actual acts of torture , only that he was strictly liable as Head of the ORG apparatus . The judge pointed out that the limits of freedom of expression were wider with regard to institutions since the latter did not possess honour , an attribute that was confined to individuals .", "The applicant lodged an amparo appeal with ORG alleging , inter alia , a breach of his right to freedom of expression ( LAW ( a ) of LAW ) and of his right to freedom of ideas ( LAW ) .", "In the applicant ’s view , ORG judgment had incorrectly weighed the competing interests at stake , as the comments complained of had not contained any insulting or vexatious expressions , had been directed principally against the President of ORG rather than PERSON and , in any event , had reflected the reality of the situation and had not referred to the ORG private life or his attitudes . The statements in question had not been disproportionate in the context in which they had been uttered , namely the warm welcome extended to GPE by the government of ORG in the wake of the closure of the DATE newspaper ORG and , in connection with that closure , the detention of several individuals who had stated before the courts and ORG that they had been tortured .", "In a decision ( auto ) of DATE , served on DATE , ORG declared the applicant ’s amparo appeal inadmissible as manifestly devoid of constitutional content . ORG noted at the outset that the right to freedom of expression did not encompass a right to proffer insults . It pointed out in that connection that the LAW did not prohibit the use of hurtful expressions in all circumstances . However , freedom of expression did not protect vexatious expressions which , regardless of their veracity , were offensive and ignominious and were not pertinent for the purpose of conveying the opinions or information in question .", "The Constitutional Court considered that the weighing of the competing rights at stake had been carried out in an appropriate manner by ORG , as the latter had concluded that the impugned remarks had been disproportionate , while taking into account the context in which they had been made , the public nature of the act , the public interest in the subject in question ( the use of torture ) and the fact that the persons targeted ( a politician and PERSON ) were public figures . In ORG view , there was no denying the ignominious , vexatious and derogatory nature of the impugned remarks , even when directed against a public figure . That finding was all the more valid with regard to the King , who , by virtue of LAW , was “ not liable ” and was a “ symbol of the unity and permanence of the ORG ” . Regard being had to his role as “ arbitrator and moderator of the lawful functioning of institutions ” , the King occupied a neutral position in political debate . This implied that he was owed institutional respect of a kind that was “ substantively ” different from that due to other ORG institutions . ORG stated as follows :", "“ ... [ I]n a democratic system which recognises freedom of ideas and freedom of expression , the fact that [ the figure of the King ] is characterised in this way does not shield him from all criticism ‘ in the exercise of his duties or on account of or in connection with them’ ... ; however , such criticism may not extend to attributing acts of public authority to the King DATE which , as indicated above , is prohibited by LAW as a pretext for gratuitous attacks on his dignity or public esteem . ”", "Lastly , ORG held that the applicant ’s remarks , on account of their obviously derogatory nature , had clearly gone beyond what could be considered legitimate . It agreed with ORG that the remarks had expressed open contempt for the King and the institution he embodied , affecting the essential core of his dignity . Hence , such statements could manifestly not fall within the exercise of the right to freedom of expression .", "In a decision ( auto ) of CARDINAL DATE , ORG of Justice ordered that enforcement of the applicant ’s sentence be stayed for DATE . According to the Government , his sentence was remitted on DATE .", "NORP The applicant was imprisoned on DATE after ORG upheld a judgment of the Audiencia Nacional of DATE sentencing him to CARDINAL months’ imprisonment for publicly defending terrorism .", "He is currently in pre - trial detention in connection with other criminal proceedings .", "The relevant provisions of the Spanish Constitution read as follows :", "“ NORP shall be equal before the law ; they may not be discriminated against in any way on account of birth , race , sex , religion , opinion or any other condition or personal or social circumstance . ”", "“ CARDINAL . Freedom of ideas , religion and worship shall be guaranteed to individuals and communities without any restrictions on its expression other than those necessary for the maintenance of public order as protected by law .", "... ”", "“ CARDINAL . The following rights shall be recognised and protected :", "( a ) the right freely to express and disseminate thoughts , ideas and opinions orally , in writing or by any other means of reproduction ;", "...", "The exercise of these rights may not be restricted by any prior censorship .", "...", "These freedoms shall be limited by respect for the rights secured in this Part , by the provisions of the implementing Acts and in particular by the right to honour and to a private life and the right to control use of one ’s likeness and to the protection of youth and children .", "... ”", "“ CARDINAL . The King shall be the Head of ORG , the symbol of its unity and permanence . He shall be the arbitrator and moderator of the lawful functioning of institutions . He shall be the supreme representative of the NORP State in its international relations , in particular with those nations belonging to its historic community , and shall exercise the functions expressly attributed to him by the LAW and the law .", "...", "The King shall be inviolable and shall not be liable . ... ”", "“ It shall be incumbent on the King to :", "...", "( h ) exercise supreme command over the armed forces ;", "( i ) exercise the right of clemency in accordance with the law , but without the power to grant general pardons", "... ”", "The relevant provisions of LAW ( as amended by LAW no . CARDINAL of DATE ) read as follows :", "“ Acts or expressions which undermine another ’s dignity by attacking his or her reputation or self - esteem shall constitute insult .", "Only insults which , by virtue of their nature , effects and context , are generally acknowledged to be serious shall constitute an offence ... ”", "“ The offence of serious public insult shall be punishable by DATE - fine payable for DATE . Where the insult is not proffered publicly , the fine shall be payable for DATE . ”", "With regard to the offence of insult against the King , LAW provides for the penalties indicated below :", "“ ...", "Anyone who falsely accuses or insults the ORG or any of his ascendants or descendants , the Queen consort or the consort of the Queen , the Regent or any member of the GPE , or the Crown Prince , in the exercise of his or her duties or on account of or in connection with them , shall be liable to a term of imprisonment of DATE if the false accusation or insult is of a serious nature , and otherwise to a DATE - fine payable for DATE . ”", "This provision is contained in Title XXI of Book II of LAW ( “ Offences against LAW ” ) , LAW ( “ Offences against the Crown ” ) .", "Articles CARDINAL and CARDINAL of the Criminal Code deal with the offence of serious insult against ORG , the government or other ORG institutions . These provisions feature in Title XXI of Book II of LAW ( “ Offences against LAW ” ) , LAW ( “ Offences against ORG institutions and the separation of powers ” ) .", "“ Anyone who seriously insults ORG [ ORG and ORG ] or the legislative assembly of ORG ... shall be liable to a DATE - fine payable for DATE ... ”", "“ Anyone who seriously threatens , falsely accuses or insults the nation ’s government , ORG , ORG , ORG , or ORG of an ORG shall be liable to a day - fine payable for DATE ... ”", "Reference should first be made to the LAW on freedom of political debate in the media adopted by ORG DATE , which provides :", "“ ORG ,", "...", "Conscious that some domestic legal systems still grant legal privileges to political figures or public officials against the dissemination of information and opinions about them in the media , which is not compatible with the right to freedom of expression and information as guaranteed by LAW ;", "...", "II . Freedom to criticise the ORG or public institutions", "The ORG , the government or any other institution of the executive , legislative or judicial branch may be subject to criticism in the media . Because of their dominant position , these institutions as such should not be protected by criminal law against defamatory or insulting statements . Where , however , these institutions enjoy such a protection , this protection should be applied in a restrictive manner , avoiding in any circumstances its use to restrict freedom to criticise . Individuals representing these institutions remain furthermore protected as individuals .", "...", "VI . Reputation of political figures and public officials", "Political figures should not enjoy greater protection of their reputation and other rights than other individuals , and thus more severe sanctions should not be pronounced under domestic law against the media where the latter criticise political figures . ...", "...", "ORG . Remedies against violations by the media", "Political figures and public officials should only have access to those legal remedies against the media which private individuals have in case of violations of their rights by the media . ... Defamation or insult by the media should not lead to imprisonment , unless the seriousness of the violation of the rights or reputation of others makes it a strictly necessary and proportionate penalty , especially where other fundamental rights have been seriously violated through defamatory or insulting statements in the media , such as hate speech . ”", "Parliamentary Assembly Resolution CARDINAL ( DATE ) , entitled “ Towards decriminalisation of defamation ” , is worded as follows :", "“ ...", "[ The ORG ] notes with great concern that in many member GPE the law provides for prison sentences for defamation and that some still impose them in DATE for example , GPE and GPE .", "...", "The ORG consequently takes the view that prison sentences for defamation should be abolished without further delay . In particular it exhorts GPE whose laws still provide for prison sentences DATE although prison sentences are not actually imposed DATE to abolish them without delay so as not to give any excuse , however unjustified , to those countries which continue to impose them , thus provoking a corrosion of fundamental freedoms .", "...", "The ORG accordingly calls on the member States to :", "abolish prison sentences for defamation without delay ;", "NORP guarantee that there is no misuse of criminal prosecutions ... ;", "define the concept of defamation more precisely in their legislation so as to avoid an arbitrary application of the law and to ensure that civil law provides effective protection of the dignity of persons affected by defamation ;", "...", "remove from their defamation legislation any increased protection for public figures , in accordance with the ORG ’s case - law ... ”" ]

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[ "NORP The applicant , Mr PERSON , is a NORP national , who was born in DATE and lives in GPE , GPE . Currently he is serving a prison term in GPE . He was represented before the ORG by PERSON , a lawyer practising in GPE . ORG ( “ the Government ” ) were represented by their Agent , PERSON .", "NORP On DATE an investigation was opened in respect of the applicant before ORG ( Županijski sud u GPE ) in connection with a suspicion that he had committed CARDINAL murders and CARDINAL attempted murder .", "The investigating judge ordered the applicant ’s pre - trial detention on CARDINAL DATE on the ground that he might abscond , collude or reoffend . However , during the investigation the applicant remained at large and his whereabouts were unknown to the prosecuting authorities .", "On DATE the GPE State Attorney ’s ORG ( GPE državno odvjetništvo u PERSON ) indicted the applicant in ORG on charges of triple murder and CARDINAL attempted murder .", "On DATE ORG ordered that the trial be held in the applicant ’s absence , since his whereabouts had remained unknown . On DATE the court found the applicant guilty as charged and sentenced him to CARDINAL years’ imprisonment . On DATE the court issued a new order on his detention .", "On DATE the applicant was extradited from GPE to GPE , where he was immediately detained , pursuant to ORG order .", "On DATE ORG ( PERSON ) ordered the applicant ’s retrial , during which he was remanded in custody .", "On DATE ORG found that LAW ( Zakon o općem oprostu ) was applicable to the applicant ’s case , terminated the proceedings against him and ordered his release .", "On DATE the applicant was released from detention .", "On DATE ORG ( Ustavni sud PERSON ) , acting on a constitutional complaint lodged by CARDINAL of the ORG relatives , quashed ORG decision of CARDINAL DATE and ordered a new trial .", "On DATE a CARDINAL - judge panel of ORG again ordered the applicant ’s detention . However , the applicant remained at large because his whereabouts were unknown .", "On DATE the applicant was again extradited from GPE to GPE , where he was immediately detained pursuant to ORG order .", "On DATE a new trial commenced in ORG in which the applicant was accused of triple murder and CARDINAL attempted murder . During the trial the applicant was remanded in custody .", "On DATE ORG found the applicant guilty as charged and sentenced him to MONEY imprisonment . On DATE the trial court ordered his detention pending completion of the firstinstance judgment .", "On DATE the applicant lodged an appeal against the firstinstance judgment of ORG but on DATE ORG dismissed the appeal .", "On DATE a CARDINAL - judge panel of ORG extended the applicant ’s detention for DATE under LAW . The relevant part of the decision reads :", "“ The accused , PERSON , was detained ... DATE and DATE and has been detained again ... since DATE .", "... given that a non - final judgment had been adopted in this case , this panel has established that , under LAW , the overall duration of detention , which until the adoption of the first - instance judgment could have lasted DATE ( LAW ) , may be extended for DATE [ of the maximum prescribed statutory limit ] until the judgment becomes final . Thus the overall detention may last for DATE and DATE . The overall duration of detention could be extended on condition that the DATE limit had not expired . In the present case , on DATE the DATE limit had not yet expired , so the accused ’s detention was lawfully extended . ”", "On DATE the applicant lodged an appeal with ORG , arguing that the maximum period of his detention had in fact expired on DATE . This meant that the impugned decision by ORG had been adopted with CARDINAL days’ delay and that therefore the extension of his detention had been unlawful .", "On DATE ORG dismissed the applicant ’s appeal against ORG decision to extend the applicant ’s detention for DATE .", "On DATE the applicant lodged a further appeal with ORG against the second - instance judgment .", "On DATE the applicant lodged a constitutional complaint against ORG decision of DATE to uphold ORG decision extending his detention , reiterating that his continued detention had been unlawful .", "On DATE ORG , acting as the final court of appeal , dismissed the applicant ’s appeal against the second - instance judgment , and the applicant ’s conviction thus became final .", "On DATE ORG declared the applicant ’s constitutional complaint inadmissible on the ground that in the meantime , on DATE , the applicant had been sent to prison .", "On DATE the applicant lodged a further constitutional complaint against ORG judgment of DATE , challenging his conviction .", "NORP The proceedings before ORG appear to be still pending .", "Section CARDINAL(CARDINAL ) of LAW on LAW ( Ustavni zakon o PERSON , ORG no . CARDINAL/CARDINAL ) reads :", "“ CARDINAL . Anyone may lodge a constitutional complaint with ORG if he or she deems that a decision ( pojedinačni akt ) of a ORG body , a body of local and regional self - government , or a legal person with public authority , concerning his or her rights and obligations or a suspicion or accusation of a criminal act , has violated his or her human rights or fundamental freedoms , or his or her right to local and regional self - government guaranteed by LAW ( hereinafter : ‘ constitutional right’ ) ... ”", "The relevant provisions of LAW of GPE ( NORP zakon PERSON , ORG nos . CARDINAL , CARDINAL/CARDINAL , ORG , ORG ) are worded as follows :", "“ ( CARDINAL ) Whoever deprives another person of his life shall be punished by imprisonment of DATE .", "( CARDINAL ) NORP imprisonment of DATE or DATE :", "CARDINAL ) NORP deprives another person of his life ... out of ruthless revenge ... ;", "CARDINAL ) NORP deprives of his life an official in the course of performing his duties of prevention and discovery of offences , apprehension of perpetrators of the offences , securing public peace and order , or who deprives of his life an official who is guarding a person deprived of liberty or who deprives of life another person who is performing some of those duties in the function of civil protection . ”", "The relevant provisions of LAW ( Zakon o kaznenom postupku , ORG nos . CARDINAL/CARDINAL , DATE , CARDINAL , CARDINAL , CARDINAL and CARDINAL ) are worded as follows :", "“ ( CARDINAL ) Until the adoption of a first - instance judgment , pre - trial detention may last for a maximum of :", "( CARDINAL ) DATE for offences carrying a statutory maximum sentence of CARDINAL PERSON imprisonment ;", "( CARDINAL ) DATE for offences carrying a statutory maximum sentence of DATE imprisonment ;", "( CARDINAL ) DATE for offences carrying a statutory maximum sentence of CARDINAL years’ imprisonment ;", "( CARDINAL ) DATE for offences carrying a sentence of more than eight years’ imprisonment ;", "( CARDINAL ) DATE for offences carrying a sentence of long - term imprisonment .", "( CARDINAL ) NORP In cases where a judgment has been adopted but has not yet entered into force , the maximum term of pre - trial detention may be extended for CARDINAL of the term referred to in CARDINAL of paragraph CARDINAL of this provision until the judgment becomes final , and for CARDINAL of the term referred to in DATE and CARDINAL of paragraph CARDINAL of this provision .", "( CARDINAL ) Where a first - instance judgment has been quashed on appeal , following an application by the ORG Attorney and where important reasons exist , ORG may extend the term of detention referred to in DATE of paragraph CARDINAL of this provision for DATE and the term referred to in DATE and CARDINAL of paragraph CARDINAL of this provision for DATE .", "( CARDINAL ) Following the adoption of an appellate judgment against which an appeal is allowed , detention may last until the judgment becomes final , for a maximum period of DATE .", "( CARDINAL ) A defendant placed in detention and sentenced to a prison term by a final judgment shall stay in detention until he is committed to prison , but for no longer than the duration of his prison term . ”" ]

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[ "The applicant was born in DATE and lives in LOC .", "He is the owner of an apartment in PERSON , which he had let to GPE in DATE . The lease was due to expire on DATE , but was extended until DATE pursuant to LAW . CARDINAL .", "In a writ served on the tenant on DATE , the applicant communicated his intention to terminate the lease and summoned the tenant to appear before the Mercato Sanseverino Magistrate .", "By a decision of CARDINAL DATE , which was made enforceable on DATE , ORG upheld the validity of the notice to quit and ordered that the premises be vacated by DATE .", "On DATE , the applicant served notice on the tenant requiring him to vacate the premises .", "On DATE , he served notice on the tenant informing him that the order for possession would be enforced by a bailiff on DATE .", "On DATE , the bailiff made an attempt to recover possession , which proved unsuccessful , as the applicant was not granted the assistance of the police in enforcing the order for possession .", "On DATE , the applicant made a statutory declaration that he urgently required the premises as accommodation for his daughter .", "On DATE , the bailiff asked the local police to provide their assistance in enforcing the order for possession and at the same time suspended the enforcement proceedings until the assistance would be granted .", "At DATE , the tenant spontaneously vacated the LOC .", "The relevant domestic law is described in the ORG 's judgment in the case of ORG GPE [ ORG ] , no . CARDINAL , § § DATE , ORG CARDINAL-V." ]

[ "6" ]

[ "6-1" ]

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[ "The applicant is a NORP citizen , a farmer residing in GPE .", "A.", "By an administrative decision of DATE the applicant was obliged to re - establish the previous state of the waterflow through his property , as he had executed works which altered it .", "On DATE the ORG Governor upheld this decision . The applicant filed an appeal with ORG .", "In its judgment of CARDINAL DATE the court established that water relations on the applicant ’s lands and neighbouring farms had been severely disturbed in DATE , which caused frequent flooding of certain plots . Following requests from farmers , in DATE the local municipality had carried out certain drainage works . However , they had proved ineffective in that the facilities had repeatedly been repaired , to no avail . The court considered that the administrative authorities had failed to establish , in particular by calling an expert , what measures should be taken in order to improve the overall situation , including that on the applicant ’s property . Accordingly , the court quashed the contested decisions and ordered the case to be reconsidered , as the administrative bodies had failed to establish correctly the facts relevant for their decisions .", "Reconsidering the case , on DATE ORG established inter alia that following the ineffective drainage works carried out in DATE , the applicant had blocked the gravitational flow of rain water through his land . As a result , a road nearby , used by many farmers , had been damaged . Subsequently , a ditch had been dug along this road in order to remedy problems caused by the works done by the applicant . The applicant had reacted by building a stone dam , which had blocked the flow of water along the edge of the road . In DATE the inhabitants of the village had agreed to reinstate the status quo ante . It was , in the opinion of the administrative body , the only possible solution , as another remedy , consisting of further costly drainage works , had not been accepted by the local community . The applicant was therefore ordered to re - establish the status quo ante in order to restore natural gravitational flow of rain and ground waters on his land by demolishing a dam he had constructed .", "On DATE PERSON , the owner of a farm adjacent to the applicant ’s , was ordered to re - establish the status quo ante by liquidating a ditch by which water had been directed toward the applicant ’s land .", "", "On DATE ORG quashed the decision of DATE and ordered that the case be reconsidered .", "By a decision of ORG of DATE the applicant was again obliged to restore the previous state of waterflow on his property , by demolishing the dam and by digging a ditch along the local road going through his land . The applicant appealed to the ORG Governor , who on DATE upheld the contested decision .", "On DATE ORG dismissed the applicant ’s further appeal and upheld the contested administrative decisions . The court established that the drainage works carried out by the local municipality in DATE had proved ineffective . Subsequently the applicant , trying to block rain and ground waters flowing onto his property from higher located neighbouring properties , had constructed a stone dam on the border between his plot and that belonging to his neighbour . This had rendered the natural gravitational flow of rain and ground water impossible and had severely disturbed existing waterflow in that the water had repeatedly been flooding the municipal road nearby , thus making difficult the access to the fields in the vicinity , belonging to CARDINAL farmers .", "The court had regard to LAW providing that an owner of property could not alter the waterflow on his or her ground , existing for DATE , if such change could negatively affect neighbouring properties . The court observed that the drainage facilities made in DATE by the municipality were so defective that it was not economically viable to repair them . Moreover , the owners of the farms concerned , including the applicant , had refused to bear the cost of any further drainage facilities . The court also noted the decision of DATE by which the applicant ’s neighbour PERSON had likewise been compelled to take measures in order to re - establish the status quo ante on his plot . Consequently , it was only the demolition of the dam constructed by the applicant that could restore the status quo ante and also minimise damage caused by the fact that the drainage works had proved unsuccessful , and by further alterations made by the applicant .", "On DATE the applicant was served with a reminder to carry out the works ordered by the decisions .", "On DATE the applicant was served with a decision of DATE to proceed to the enforcement of the decisions by an authorised company . He filed a complaint against the enforcement decision , which was subsequently dismissed . The applicant lodged a further appeal against the decision taken in the enforcement proceedings with ORG . In DATE a drainage ditch was dug on the applicant ’s land , in enforcement of the relevant administrative decisions .", "On DATE ORG dismissed the applicant ’s appeal against the enforcement decisions . The court recalled that its jurisdiction in administrative enforcement proceedings was limited to examining whether the enforcement decisions were in compliance with the provisions of LAW of DATE . The court had regard to its considerations expressed in its judgment of DATE , namely that in the absence of any wish of the owners of the lands concerned to bear costs of new drainage facilities , the solution contested by the applicant was the only feasible CARDINAL . This judgment and the decisions on the merits contested by the applicant remained valid . It was not in dispute that the applicant had failed to take the steps indicated in these decisions . In these circumstances , the applicant ’s objections against the enforcement decisions aimed in fact at having the case reconsidered on the merits . This could not be done in the enforcement proceedings . In so far as the applicant called into question the manner in which the company had carried out the works on his land in DATE in order to secure compliance with the final decision on the merits , it remained open to him to submit relevant pecuniary claims , if any , in separate proceedings .", "B. Relevant domestic law", "ORG review of administrative decisions", "Article CARDINAL § CARDINAL of LAW , as applicable at the relevant time , provided that an appeal could be lodged with ORG against a second - instance administrative decision on the merits on the ground that the decision was not in conformity with the law .", "LAW states that ORG could set the decision aside wholly or in part if it established that the decision was issued in breach of substantive law , that the proceedings leading to the decision were flawed with a deficiency which led to the decision being null and void , or if such procedural shortcomings had occurred in the proceedings leading to the decision which would justify their reopening .", "Enforcement of administrative decisions", "Pursuant to LAW of DATE the administrative enforcement proceedings are instituted at the request of the creditor who is obliged to submit a valid enforcement title to the enforcement authority . In cases in which the enforcement authority is at the same time the creditor , the proceedings are instituted ex officio on the basis of an enforcement title issued by this authority .", "DATE of the LAW provides that the enforcement title should identify the creditor and the debtor , specify the contents of the obligations subject to enforcement and its substantive legal basis . Further , the legal basis for conducting administrative enforcement proceedings in respect of the obligation should be indicated . If the obligation is of a pecuniary character , the exact sums must be itemised . The title must also contain the date at which it was issued , together with the name and rank of the person who issued it . A copy of a reminder to ensure compliance with the administrative decision , served on the debtor , must be attached to the title ." ]

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[ "The applicant is a NORP national who was born in DATE and is serving a prison sentence in GPE .", "On DATE the applicant was arrested on suspicion of assault and robbery . He remained in custody pending investigation and trial .", "On DATE the Moskovskiy District Court of FAC found the applicant guilty as charged and sentenced him to DATE imprisonment .", "On DATE ORG quashed the applicant 's conviction on appeal and discontinued the criminal proceedings against him . He was released on DATE .", "It appears that DATE after his release the applicant was arrested on suspicion of CARDINAL counts of murder .", "NORP In DATE the applicant , who was at that time serving a prison sentence , sued ORG and PERSON , the trial judge who had convicted him on DATE , for compensation for damage resulting from his unlawful detention and conviction . The applicant claimed an award for non - pecuniary damage in the amount of MONEY ( RUB ) , reimbursement of his lawyer 's fee and lost earnings in the amount of RUB CARDINAL . He also sought leave to appear before the court .", "On DATE the Moskovskiy District Court of GPE granted the applicant leave to appear and scheduled the hearing for DATE .", "ORG heard the case on DATE as scheduled . The applicant was not transported to participate in the hearing . Mr NORP , his representative , was present . He asked the court to consider the matter in the applicant 's absence . ORG granted the applicant 's claims in part and awarded him RUB CARDINAL in compensation for non - pecuniary damage . The remainder of the applicant 's claims were dismissed .", "On a complaint by the applicant , the Presidium of ORG quashed the judgment of DATE by way of supervisory review on DATE . The court noted , inter alia , that ORG had failed : ( CARDINAL ) to inform the applicant of his duty to submit documents substantiating his claim for compensation for lost earnings ; and ( CARDINAL ) to establish the circumstances with regard to the applicant 's claim concerning non - pecuniary damage .", "On DATE the applicant was notified of a new court hearing , scheduled for DATE . He was also advised of his right to be represented in the proceedings before the court .", "NORP In response to ORG decision of DATE to grant the applicant leave to appear , the head of the administration of the penitentiary establishment responded that it was not possible to comply with the court 's decision . On DATE ORG adjourned the hearing .", "On DATE ORG asked the applicant to make written submissions in connection with his claims . The applicant asked the court to appoint the regional ombudsman to represent him in the proceedings . He further asked the court to obtain certain documents to substantiate his claims for compensation for lost earnings and reimbursement of the lawyer 's fee .", "On DATE ORG adjourned the hearing of the matter pending the receipt of the documents requested by the applicant . The court scheduled the next hearing for DATE and advised the applicant of his right to appoint a representative .", "Following the ombudsman 's refusal to represent the applicant , the latter asked ORG to secure his presence at the next hearing .", "On DATE ORG granted the applicant 's claims in part and awarded him RUB CARDINAL in compensation for non - pecuniary damage and RUB CARDINAL by way of reimbursement of the lawyer 's fee . The court dismissed the applicant 's claims for lost earnings , noting that he had failed to submit documents proving that he had been actually employed at the relevant time . Neither the applicant nor the respondents were present . The record of the court hearing and other items from the case file were forwarded to the applicant .", "NORP The applicant appealed against the judgment of DATE . In response to the applicant 's request to be present at the appeal hearing , ORG informed him that the applicable laws did not provide for the personal presence of persons serving a prison sentence at a hearing concerning the determination of their civil rights and obligations . The court further advised the applicant of his right to submit observations in writing and/or to appoint a representative .", "On DATE ORG upheld in substance the judgment of DATE on appeal , increasing to RUB CARDINAL the amount awarded to the applicant in compensation for non - pecuniary damage . Neither the applicant nor the respondents were present .", "NORP Parties to civil proceedings may appear before a court in person or act through a representative ( LAW in force until DATE ( “ the old ORG ” ) and LAW in force as of DATE ( “ the new ORG ” ) . A court may appoint an advocate to represent a defendant whose place of residence is not known ( LAW . LAW ( Law no . CARDINAL-FZ of DATE ) provides that free legal assistance may be provided to indigent plaintiffs in civil disputes concerning alimony or pension payments or claims for health damage ( section CARDINAL § CARDINAL ) .", "The Penitentiary Code provides that convicted persons may be transferred from a correctional colony to an investigative unit if their participation is required as witnesses , victims or suspects in connection with certain investigative measures ( Article CARDINAL ) . The Code does not mention the possibility for a convicted person to take part in civil proceedings , whether as a plaintiff or defendant .", "On several occasions ORG has examined complaints by convicted persons whose requests for leave to appear in civil proceedings had been refused by courts . It has consistently declared the complaints inadmissible , finding that the contested provisions of LAW and LAW did not , as such , restrict the convicted person 's access to court . It has emphasised , nonetheless , that the convicted person should be able to make submissions to the civil court , either through a representative or in any other way provided by law . If necessary , the hearing may be held at the location where the convicted person is serving the sentence or the court hearing the case may instruct the court having territorial jurisdiction over the correctional colony to obtain the applicant 's submissions or carry out any other procedural steps ( decisions no . CARDINAL-O of DATE , no . CARDINAL of DATE , and no . CARDINAL of DATE ) ." ]

[ "6" ]

[ "6-1" ]

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[ "The applicant , PERSON , is a NORP national who was born in DATE and lives in PERSON . She is represented before the ORG by PERSON , a lawyer practising in GPE . ORG ( “ the Government ” ) are represented by their Agent , Mr PERSON of ORG .", "The facts of the case , as submitted by the parties and as they appear from the documents , may be summarised as follows .", "On DATE ORG ( kuntien eläkelautakunta , kommunernas pensionsnämnd ) dismissed the applicant ’s application for a disability pension from DATE .", "On DATE ORG ( korkein hallinto - oikeus , högsta förvaltningsdomstolen ) quashed the decision and remitted the case for fresh examination .", "On DATE ORG ( kuntien eläkevakuutus , kommunernas pensionsförsäkring ) issued a new decision granting the applicant a disability pension from DATE based on her inability to work since DATE , i.e. it did not grant her a pension for the period DATE to CARDINAL DATE .", "The applicant appealed to ORG ( vakuutusoikeus , försäkringsdomstolen ) , which upheld the decision on DATE .", "On DATE the applicant applied again for a disability pension from DATE to DATE . On DATE ORG upheld its previous provisional decision of DATE , according to which the applicant was granted a disability pension only from CARDINAL DATE .", "The applicant appealed to ORG , maintaining that she had been unfit to work from DATE and requesting a disability pension from DATE with interest . She relied on a medical doctor ’s statement of CARDINAL DATE ( according to which she had been unfit to work from DATE ) and an ORG - report of DATE . ORG submitted its observations and the applicant submitted her observations in reply . On DATE ORG dismissed the appeal , maintaining that the applicant ’s working capacity prior to DATE had not been reduced to an extent entitling her to a disability pension .", "The applicant appealed further to ORG , repeating her contention about the date of her inability to work and appending , inter alia , a medical doctor ’s statement of DATE ( in which she was regarded as unfit to work from DATE , and which , inter alia , described her finger problems ) . ORG submitted its observations and the applicant submitted her observations in reply . On DATE ORG dismissed the appeal , giving the following reasons :", "“ The reasons are mentioned in ORG decision . The presented evidence doest not warrant a different conclusion as regards the assessment of [ the applicant ’s ] capacity for work . ”", "On DATE the applicant applied again for a disability pension from DATE maintaining her unfitness to work from CARDINAL DATE . She appended a medical doctor ’s report of DATE . On DATE ORG , having examined the application in the light of the fresh medical report , dismissed it , maintaining that there was no new evidence which justified any different conclusion as regards the date of her incapacity to work .", "The applicant appealed to ORG , repeating her previous requests and claiming interest , reimbursement of her appeal costs and an oral hearing and also relying on LAW . She identified herself and CARDINAL medical doctors ( PERSON and PERSON , or alternatively PERSON ) as witnesses and specified the topics for their proposed testimony . She relied on CARDINAL medical ORG statements of DATE and DATE respectively , a copy of a scientific article and CARDINAL copies of a doctoral thesis . ORG submitted its observations and the applicant submitted her observations in reply . On DATE ORG dismissed the appeal . It held :", "“ On DATE ORG found that your working capacity has been reduced to an extent entitling you to a disability pension from DATE . Based on the newly presented medical evidence your disability to work can not be regarded as having begun earlier than CARDINAL DATE . Your request for a disability pension from DATE with interest has consequently been dismissed .", "As regards an oral hearing , ORG finds , based on the presented medical and other evidence , that it is not necessary to hold one . ”", "The applicant appealed further to ORG claiming a disability pension from DATE with interest , reimbursement of her appeal costs and an oral hearing . She complained that ORG had taken into account the medical doctor ’s statement of DATE although she had expressly stated in her observations in reply that she would not submit the statement in question . She complained that ORG had apparently invited the statement of its own motion and that she had not been given an opportunity to present her observations on that statement . She also complained about the allegedly inadequate reasoning of ORG , in particular as regarded the problem with her fingers , so - called limited joint mobility . She further pointed out that there had been a typing error as regards the date of her disability to work . She proposed herself and CARDINAL medical doctors ( PERSON and PERSON ) as witnesses for an oral hearing and specified that she would testify about her illnesses and inability to work from DATE or DATE and the effect of her finger problems on her working capacity , and that the doctors were to be heard concerning the date of the applicant ’s incapacity to work and , in particular , the effects of her finger problems .", "ORG received medical ORG statements of DATE , DATE , DATE and DATE respectively . ORG submitted its observations and the applicant submitted her observations in reply . On DATE the court dismissed the appeal without an oral hearing . It reasoned , inter alia :", "“ Based on the available documents , [ the medical doctor ’s ] statement of DATE arrived at ORG from ORG on DATE together with the applicant ’s appeal . Consequently , ORG did not invite the statement in question and has therefore not acted erroneously as claimed by the applicant . ”", "As regards the requested oral hearing it reasoned :", "“ ... Proceedings before ORG are normally in writing . ORG must hold an oral hearing if requested by a private party . A case may however be examined without an oral hearing if ... it is manifestly unnecessary due to the nature of the matter or other reasons . If a party requests an oral hearing he or she must indicate the reasons why it would be necessary and what kind of evidence he or she would present at the hearing . The lack of necessity for an oral hearing is assessed on the basis of these grounds and a hearing may be dispensed with if it is highly likely that it would not be useful . An oral hearing concerning subjective medical hardships is usually unnecessary provided that there is proper and adequate written medical evidence at hand .", "The case concerns the question whether [ the applicant ] was ... unfit to work before DATE . The same issue has been examined in written proceedings before . ORG finds that [ the applicant ’s ] subjective views have already been adequately established in the prior examinations , and that hearing her for this reason is therefore unnecessary , taking into account in particular the lapse of time .", "It appears from the documents that ... PERSON has personally attended to [ the applicant ] from DATE . ... L. met [ the applicant ] for the first time on DATE . The heading of L. ’s medical statement of CARDINAL DATE reads : ‘ A specialist ’s statement and summary for ORG , based on documents and CARDINAL meeting with the patient.’ Both medical ORG opinions are therefore based on what [ the applicant ] had told them and on an assessment of documents , which means that they can not give a valuation based on their personal examination about the applicant ’s state of health at the relevant time . ORG has apparently had at its disposal similar documentary evidence as they did . In these circumstances written evidence is regarded as sufficient . There is a medical doctor in the composition of ORG , which guarantees sufficient expertise on medical questions .", "ORG finds that the hearing of PERSON and L. about their conclusions concerning [ the applicant ’s ] working capacity based on written material is unnecessary , taking into account the ORG composition and the fact that their observations are apparent from their written statements . ... ”", "As regards the subject - matter of the appeal , the court held :", "“ The reasons are mentioned in ORG decision . ORG however corrects the date of CARDINAL DATE to CARDINAL DATE . The presented new evidence does not give rise to different conclusions about the applicant ’s working capacity . In addition , ORG notes the following : In the previous proceedings in the matter , which have taken place closer in time to the disputed events , the alleged finger problem has not been raised in the pension applications , appeals or other documents , and its importance to the applicant ’s working capacity has not been identified as significant in the previous medical ORG statements . The newly presented evidence ... does not warrant a conclusion that the applicant was unfit to work during the time mentioned in the application either . ”", "At the time of the first CARDINAL sets of proceedings the procedure in ORG and ORG was written . When there were exceptional reasons , the court could however decide to hold an oral hearing . As to the third set of proceedings , ORG and ORG were under a Convention obligation to hold a public hearing . If not otherwise provided by an LAW , the Administrative Judicial Procedure Act ( hallintolainkäyttölaki , förvaltningsprocesslagen ; Act no . ORG ) applies to proceedings before ORG and ORG . They must hold an oral hearing when necessary for the purposes of establishing the facts of the case . The parties , witnesses and experts may be heard and other evidence received in an oral hearing . ORG must hold an oral hearing if a private party so requests , unless a hearing is manifestly unnecessary in view of the nature of the matter or for another reason ( sections CARDINAL and DATE ) .", "The compositions of ORG and ORG include a medical doctor in cases where medical assessment is necessary ( section CARDINAL of the then ORG ( kunnallisten viranhaltijain ja työntekijäin eläkelaki , lagen om pension för kommunala tjänsteinnehavare och arbetstagare ) and section CARDINAL of the then LAW ) .", "Everyone is entitled to have his or her case examined before a public authority without undue delay ( section CARDINAL of LAW ( perustuslaki , grundlag ; Act no . CARDINAL/CARDINAL ) . A decision must be reasoned ( section CARDINAL(CARDINAL ) of LAW ( NORP perustuslaki , PERSON grundlag ; GPE ) . At the relevant time LAW , LAW ( PERSON ) of LAW ( oikeudenkäymiskaari , rättegångsbalken ) provided that a judgment must be reasoned , indicating the facts and the legal argumentation on which it was based and the grounds which have led the court to hold a disputed issue established or unsubstantiated ." ]

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[ "The applicant was born in DATE and lives in LOC . At the time of the events he was employed by GPE and GPE", "In DATE the applicant was injured in an occupational accident and lost the third and fourth fingers of his left hand .", "On DATE the applicant filed an action for compensation before ORG of First Instance against GPE , ORG and CARDINAL other individuals who were allegedly responsible for the accident .", "On DATE , an expert report assessing the extent of the damage suffered by the applicant was submitted to the court .", "On DATE the applicant lodged another case with the same court , claiming further damages . These CARDINAL procedures were later joined .", "On DATE ORG of First Instance decided that it did not have jurisdiction to examine the applicant 's case .", "On DATE the defendants appealed against this decision .", "On DATE ORG upheld the decision .", "NORP On DATE the case was resumed before ORG .", "The first hearing was held on DATE . The court requested a report regarding the applicant 's disability .", "On DATE and DATE , the court postponed the scheduled hearings as the report requested on DATE had not yet been submitted .", "On DATE the report was submitted to the court . At the same hearing the court requested all the medical reports regarding the applicant . Furthermore , it requested that the applicant be re - examined by ORG .", "The court held QUANTITY hearings after DATE , the last of which was on DATE .", "According to the information in the case file , as submitted by the parties , the proceedings are apparently still pending before ORG ." ]

[ "6" ]

[ "6-1" ]

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[ "NORP The applicant , PERSON , is a NORP national who was born in DATE and lives in GPE . He was represented before ORG by Ms PERSON and PERSON , lawyers practising in GPE .", "On DATE the applicant ’s DATE daughter went into labour after a normal pregnancy . At TIME she was admitted to the maternity ward of FAC in GPE and , following an episiotomy , gave birth to a healthy baby boy at TIME", "Following the delivery , she repeatedly complained to her parents and the hospital staff about intense pain in the perineum . She was unable to care for the baby . It appears that she behaved unusually as she lost interest in the baby and attempted to leave the hospital .", "According to the applicant , TIME following the delivery the level of his daughter ’s white blood cells considerably decreased and she suffered from low blood pressure , low temperature , intense pain , incoherent speech and temporary loss of consciousness . The applicant submits that the hospital staff did not react to those symptoms and did not administer any treatment .", "On DATE the applicant ’s daughter was transferred to the intensive care unit . On the following day the hospital contacted her parents to inform them that her condition was very serious . On DATE she died .", "On DATE the applicant filed a criminal complaint with ORG . The prosecutor instituted an investigation into the case of unintentional homicide of the applicant ’s daughter ( LAW ) .", "On DATE an autopsy was carried out . It established the presence of streptococcus A bacteria in the body of the applicant ’s daughter . No such bacteria had been found at the hospital following the examination of the medical personnel and the hospital premises .", "Upon the applicant ’s request , ORG carried out a control of the hospital on CARDINAL , DATE and DATE . It established that the bacteria at issue had not been found in any of the patients who had shared the room with the applicant ’s daughter , or in any of the hospital staff who assisted at the delivery , nor on the hospital LOC . The inspectors identified a number of shortcomings at the hospital , such as overcrowding of the maternity ward , but concluded that none of these shortcomings could have led to the applicant ’s daughter being infected with the bacteria .", "On DATE ORG ordered that an expert in hospital infections prepare a report for the purposes of the investigation . The report , which took into account the medical notes of the applicant ’s daughter , the results of the control carried out by ORG and the records of witnesses’ interviews , was submitted on DATE .", "The expert found that the death had almost certainly resulted from sepsis and the related Multiple organ dysfunction syndrome ( MODS ) caused by a streptococcus A. That bacterium , which had been identified in the body of the applicant ’s daughter on DATE , created very dangerous toxins which led to sepsis carrying a particular risk of fatality . The infection most likely originated from the perineum and the bacteria had already been present there before the delivery . The probability that the bacteria was transmitted from the hospital environment had been lower that PERCENT . All factors pointed to the probability that the applicant ’s daughter had been infected prior to her admission to the hospital . In particular , no other patients had been infected and the bacteria had not been present in the hospital environment . The expert excluded the possibility that the infection had resulted from medical negligence of the hospital staff .", "As regards the medical treatment , the expert established that the actions of the doctors had been adequate with respect to the condition of the patient and compatible with medical science . They could be reproached for their lack of reaction during the first TIME ; however the sepsis had developed in a particular manner , namely without any accompanying fever . There were no other symptoms suggesting a developing infection and the applicant ’s daughter had complained about pain in the perineum , which was typical following a delivery . Furthermore , the applicant ’s daughter took – without consulting the doctors – excessive doses of paracetamol which could have disguised the infection and caused paracetamol toxicity . Following the diagnosis of infection , the medical treatment administered was comprehensive and adequate and the hospital staff had acted with the requisite diligence .", "NORP In the course of the investigation the prosecutor also heard members of the medical personnel , fellow patients and friends who had visited the applicant ’s daughter .", "On DATE the Warsaw - Praga Północ District Prosecutor discontinued the investigation , finding that the offence of unintentional homicide had not been committed . Having regard to all the evidence and , in particular , the expert report , the prosecutor found that the death of the applicant ’s daughter had not resulted from medical negligence . The hospital staff had administered adequate and appropriate treatment for her condition and had not , in any degree , contributed to her death .", "On DATE the applicant ’s lawyer appealed . She pointed out that CARDINAL important witnesses , namely the head of the obstetrics department and the doctor who had supervised the applicant ’s daughter , had not been heard . The prosecutor failed to establish whether other women had been infected with the same bacteria in the hospital despite the fact that the applicant had provided him with details of a woman who had been so infected . The applicant ’s lawyer also contested the findings of the expert . In particular , she averred that the response of the medical personnel to the deteriorating condition of the applicant ’s daughter within TIME had been inadequate and limited to administering pain killers . Furthermore , the expert had not addressed the fact that not all of the doctors , midwives and nurses working at the obstetrics department had been tested for the bacteria . The expert had wrongly assessed the evidence and had erred in concluding that there had been no medical error on the part of the hospital staff . Consequently , the prosecutor ’s decision that the death of the applicant ’s daughter had not resulted from the actions of the medical personnel had been erroneous and needed to be revisited . The applicant filed his own appeal .", "On DATE the GPE ORG upheld ORG decision of DATE . It held that the prosecutor had obtained sufficient and relevant evidence and had assessed it correctly . Similarly , there were no grounds to contest the prosecutor ’s factual findings or his legal assessment of the case .", "The court found that the appeals had not put forward any arguments which could have resulted in the quashing of the decision . More specifically , it held that the allegations of the ORG ’s decision was based on the ample evidence obtained from the hospital staff ( doctors and nurses ) and the fellow patients , and , in particular , on the results of the autopsy and the expert report . The expert concluded , with the probability nearing on certainty , that the death had resulted from sepsis and the related MODS caused by a streptococcus A bacteria . The infection had not originated from the hospital environment and had not been caused by medical negligence . As regards the treatment administered to the applicant ’s daughter both during and following her labour , the expert considered it adequate and appropriate . The court , despite the applicant ’s misgivings , found no grounds to contest the reliability of the expert report . Furthermore , it considered that the alleged prosecutor ’s failures to obtain additional evidence proposed by the applicant would not in any event change the conclusion of the investigation .", "LAW provides that a person who unintentionally causes the death of a human being shall be sentenced to a term of imprisonment DATE ." ]

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[ "The applicant was born in DATE and lives in GPE . He is the head of ORG .", "It transpires from a certificate issued by an official of the Volgo - Vyatskiy Interior Department of Transport on DATE that on DATE the applicant ’s name was registered in a so - called “ Surveillance Database ” ( “ GPE контроль ” ) . An extract from the list of persons registered in that database shows that the applicant ’s name is mentioned in the section entitled “ FAC ” .", "The Surveillance Database contains information about skinheads , human rights activists and other persons allegedly involved in extremist activities . Whenever a person mentioned in the database purchases a train or aeroplane ticket ORG receives an automatic notification .", "An GPE - Russia Summit was scheduled for CARDINAL and CARDINAL DATE in PERSON .", "On DATE the ORG sent a telex to its local branches informing them that protest rallies by several opposition organisations were planned for CARDINAL DATE . To prevent unlawful and extremist acts it was necessary , in accordance with LAW and Order no . CARDINAL , On certain measures intended to strengthen the fight against extremism , issued by ORG on DATE , to detect and stop all members of those organisations travelling to PERSON DATE . In particular , it was necessary to separate the travellers and dissuade them from going to PERSON .", "On an unspecified date the applicant bought a train ticket to PERSON for CARDINAL DATE and a return ticket for CARDINAL DATE .", "On CARDINAL DATE the ORG sent a telex to its local branches informing them that the applicant intended to travel to PERSON in connection with the GPE - Russia Summit . It also communicated his train reservation details . Another telex sent on DATE by ORG indicated that the applicant was travelling to PERSON to take part in the opposition rally “ DATE of dissent ” and might be carrying extremist literature .", "On DATE , as soon as the applicant mounted the train at GPE station , CARDINAL policemen entered his compartment , checked his identity documents and asked him questions about the purpose of his trip .", "At GPE station ( GPE ) another identity check was conducted and the applicant was again questioned about the purpose of his trip . The policemen ordered the applicant to leave the train and follow them to the police station , but the applicant refused to comply . In DATE of CARDINAL DATE , immediately after the train entered the GPE region , the applicant ’s identity documents were checked for a third time .", "When the applicant got off the train in PERSON he was stopped by the police . The policemen checked his identity documents and took him to the police station , saying that it was necessary to look up his name in the police databases . They threatened to use force if the applicant refused to comply with their order .", "The police drew up an attendance report , using a standard template entitled “ Attendance report in respect of a person who has committed an administrative offence ” . The phrase “ who has committed an administrative offence ” was struck through by the police officer who filled in the template . The report indicated that the applicant was brought to the police station on DATE at TIME It was mentioned that he had been stopped on account of information received in telexes nos . TP CARDINAL and CARDINAL/CARDINALTCARDINAL of CARDINAL DATE . He was questioned about the purpose of his trip and his acquaintances in PERSON . He was released on DATE at TIME", "It follows from the submissions by the police officer who escorted the applicant to the police station that he had received information from his superiors that the applicant intended to participate in an opposition rally and might be carrying extremist literature . He had stopped the applicant and escorted him to the police station in order to prevent him from committing administrative and criminal offences . He had warned the applicant that if he refused to comply , force would be used . He had asked the applicant questions about the purpose of his visit to PERSON . The applicant had denied involvement in any extremist activities . He had not been searched because he had no luggage and it was clear that he was not carrying any extremist materials .", "The applicant lodged complaints with the prosecutor ’s offices of ORG GPE , GPE and GPE .", "On DATE ORG refused to initiate criminal proceeding against the policemen who had questioned the applicant in PERSON , finding that the applicant had voluntarily submitted to the identity check and questioning .", "On DATE ORG ( GPE ) refused to initiate criminal proceedings against the policemen who had allegedly questioned the applicant at GPE station . It found that on CARDINAL DATE the NORP police station had received telex no . CARDINAL from the Volgo - Vyatskiy Interior Department of Transport , containing information that the applicant was going to PERSON by train with the intention of taking part in an opposition rally and that he was suspected of carrying extremist literature . The police had searched the train but could not find the applicant .", "On DATE ORG refused to open criminal proceedings against the policemen who had stopped the applicant in PERSON . The prosecutor ’s office found that the policemen had acted lawfully , in accordance with sections CARDINAL and CARDINAL of LAW ( see paragraph CARDINAL below ) . In particular , they had received information ( telex no . CARDINAL ) about the applicant ’s intention to participate in an opposition rally . There had therefore been reasons to believe that he might be involved in the commission of administrative offences , and it had been necessary to stop him and bring him to the police station .", "On DATE the applicant brought an action against the ORG before LOC of PERSON . He claimed that the telexes sent by the Volgo - Vyatskiy Interior Department of Transport to the local offices , requiring them to stop the applicant , check his identity documents and question him , had been unlawful for the following reasons :", "- There had been no reason to check his documents or question him , as the police already had information about his identity , and the date and time of his arrival in and departure from PERSON ;", "- There could be no suspicion of his intention to engage in any unlawful activities as , firstly , the rallies in PERSON had been duly authorised by the town council and , secondly , he had planned to leave PERSON before the date scheduled for the rallies ;", "- His name had been entered in the police database unlawfully , without prior judicial authorisation .", "He further complained about his allegedly unlawful arrest and TIME detention at the police station in PERSON . He claimed that all the above actions had violated his right to respect for private life and his right to liberty and security , and had interfered with his human rights activities .", "The Kanavinskiy District Court declared the application inadmissible , finding that the applicant had failed to submit supporting documents . This decision was subsequently quashed by ORG and the case was remitted to ORG .", "At the hearing the representative of the Volgo - Vyatskiy Interior Department of Transport testified that the applicant ’s name had been registered in ORG following an order from ORG of ORG . The police had therefore been entitled to take measures against him as specified in LAW and LAW . As to the identity checks in GPE and PERSON , the Volgo - Vyatskiy Interior Department of Transport had no territorial jurisdiction over these local police offices .", "At the applicant ’s request ORG of ORG was joined as a co - respondent to the proceedings . Its representative informed the court that commission of criminal or administrative offences by a person was not a prerequisite for inclusion of his name in ORG . The applicant ’s name had been registered in that database on the basis of confidential information .", "On CARDINAL DATE ORG dismissed the application . It found that LAW § CARDINAL of LAW and sections DATE , CARDINAL and QUANTITY ( b ) and CARDINAL of ORG ( see paragraphs CARDINAL to CARDINAL below ) gave the police powers to check documents and question citizens in certain cases . In the applicant ’s case the identity checks and the questioning had been justified by the fact that his name was registered in ORG . The applicant had voluntarily replied to the questions asked by the police officers . No force or coercion had been used against him by the police officers in GPE . The Volgo - Vyatskiy Interior Department of Transport was not liable for the measures taken against the applicant by the police officers in GPE and GPE [ the domestic court apparently meant PERSON region ] , as it had no territorial jurisdiction over those regions . Finally , the court rejected the applicant ’s request for an injunction to the ORG to delete his personal data from the police databases . The court found that the applicant ’s personal data had been collected by ORG of ORG rather than by the ORG .", "The applicant appealed , complaining in particular about insufficient reasoning . He submitted that ORG had failed to give detailed answers to all his arguments .", "On DATE the ORG upheld the judgment on appeal , endorsing the reasoning of ORG .", "On DATE the applicant challenged the decision to register his name in ORG before LOC of PERSON . He alleged , in particular , that that decision interfered with his right to respect for private life because it permitted the police to collect information about his trips . He was also regularly questioned by the police about the purpose of his trips , his income , his acquaintances and his political opinions . That interference was not necessary in a NORP society . Firstly , ORG orders governing the creation and functioning of ORG had not been published . Society did not know the procedures for its operation . According to the media , the database contained the names of CARDINAL persons , the majority of whom were members of human rights and opposition groups . Secondly , the decision to register his name in the database had been arbitrary . He had never been suspected of any criminal or administrative offences , had never been involved in extremist activities and had never supported or called for violence . The registration of his name in the database was apparently connected with his human rights activities and his participation in opposition rallies . He also complained of a violation of his right to liberty . He had been unlawfully stopped by the police several times on the sole ground that his name was registered in FAC .", "On DATE the ORG dismissed the applicant ’s claims . It noted that the applicant ’s name had been deleted from the database in DATE . It continued as follows :", "“ The court considers that ORG of ORG had grounds for registering [ the applicant ’s ] name in ORG . It follows from [ the ] letter by a deputy head of ORG of ORG of GPE that ORG pursues the aim of collecting information about the purchase by the persons listed in it of travel tickets to places [ where ] mass events [ are planned ] . Thus , ORG does not interfere with the private lives of those listed as [ the database ] contains only data on their trips in connection with their professional or public activities . The registration of a person ’s name in the Surveillance Database can not be considered as breaching his / her rights or freedoms or hindering the exercise of such rights and freedoms or imposing an unlawful obligation or liability .", "... [ the applicant ] is the representative of ORG , a public activist and the head of ORG . He organises round tables and seminars for human rights activists . In connection with his public activities he travels to many NORP towns . Thus , in DATE he travelled to PERSON with the aim of investigating the restrictions on public assemblies during the GCARDINAL summit in the LOC region . The court considers that , taking into account [ the applicant ’s ] public activities , ORG of ORG was entitled to register his name in ORG because , in accordance with section CARDINAL § CARDINAL of LAW , when discharging their duties the police may require citizens and officials to provide explanations , information or documents ... ”", "The Administrative Offences Code provides that a police officer may escort an individual to the police station by force for the purpose of drawing up a report on the administrative offence provided that it is impossible to do it at the place where that offence has been detected . The individual must be released as soon as possible . The police officer must draw up an “ attendance report ” or refer to the fact of escorting the individual to the station in the report on the administrative offence . The individual concerned must be given a copy of that report ( section QUANTITY ) , CARDINAL and CARDINAL ) .", "In exceptional cases a police officer may arrest an individual for a short period if it is necessary to ensure a correct and prompt examination of the administrative case and secure enforcement of the eventual penalty ( Article CARDINAL.CARDINAL § CARDINAL of the Code ) . The duration of such administrative arrest must not normally exceed TIME ( Article QUANTITY of the Code ) . The arresting officer must draw up “ an administrative arrest report ” ( Article CARDINAL of the Code ) .", "LAW of DATE ( No . CARDINAL-I ) provides that the tasks of the police are , inter alia , the prevention and suppression of criminal and administrative offences and protection of public order and public safety ( section CARDINAL ) . Their duties include the prevention and suppression of criminal and administrative offences , detection of circumstances conducive to commission of offences and taking measures to obviate such circumstances ( section CARDINAL § CARDINAL ) .", "Section CARDINAL of LAW provides that when discharging their duties the police may , in particular :", "§ CARDINAL . check ORG identity documents if there are sufficient grounds to suspect that they have committed a criminal or administrative offence or have fled from justice ; and search citizens and their belongings if there are sufficient reasons to believe that they possess weapons , ammunition , explosives or drugs ;", "§ CARDINAL . require citizens and officials to provide explanations , information or documents ;", "§ CARDINAL . arrest persons suspected of administrative offences or persons who have unlawfully entered or attempted to enter a secure area ;", "§ CARDINAL . arrest persons suspected of a criminal offence or persons who have been remanded in custody by a judicial order ;", "§ CARDINAL . arrest persons who have fled from justice ;", "§ CARDINAL . NORP arrest persons who have evaded compulsory medical treatment or educational supervision ;", "§ CARDINAL . arrest minors suspected of criminal or administrative offences ;", "§ CARDINAL . NORP arrest persons in a state of alcoholic intoxication if they have lost their ability to walk unaided or could cause harm to others or to themselves ( section CARDINAL ) .", "The Operational - Search Activities Act of CARDINAL DATE ( no . CARDINALFZ ) provides that the aims of operative search activities are : ( CARDINAL ) the detection , prevention , suppression and investigation of criminal offences and identification of persons conspiring to commit , or committing , or having committed a criminal offence ; ( CARDINAL ) finding fugitives from justice and missing persons ; ( CARDINAL ) obtaining information about events or activities endangering the ORG , military , economical or ecological security of GPE ( section CARDINAL ) .", "State officials and organs performing operational - search activities are to show respect for the private and family life , home and correspondence of citizens . It is prohibited to perform operational - search activities to attain aims or objectives other than those specified in this LAW ( section CARDINAL ) .", "Operational - search activities include , inter alia , questioning and identity check ( section CARDINAL ) .", "Section CARDINAL of the Operational - Search Activities Act provides that operational - search activities may be conducted , inter alia , on the following grounds :", "( CARDINAL ) pending criminal proceedings ;", "( CARDINAL ) receipt by the police of information", "( a ) that a criminal offence has been committed or is ongoing , or is being conspired , and about persons conspiring to commit , or committing , or having committed a criminal offence , if this information is insufficient to open criminal proceedings ; ( b ) about events or activities endangering the ORG , military , economical or ecological security of GPE ;", "( c ) about fugitives from justice ;", "( d ) about missing persons or unidentified bodies ;", "...", "( CARDINAL ) receipt of a request from another ORG agency which is performing operational - search activities on the grounds specified in this section ( section CARDINAL ) .", "The Suppression of Extremism Act ( Federal Law no . CARDINAL-FZ of DATE ) requires ORG agencies to take preventive measures against extremism to detect and eliminate causes of , and conditions for , extremist activities , as well as measures to detect , prevent and suppress extremist activities conducted by non - profit and religious organisations and persons ( section CARDINAL ) .", "Order no . CARDINAL , On measures for enhancement of the automatic information system used by the interior departments of transport , issued by ORG on DATE ( unpublished , a copy was submitted by the Government ) , directed that a software database code - named “ Search - Highway ” ( “ Розыск-Магистраль ” ) be created and installed . Its purpose was to facilitate discovery of those suspected of criminal offences whose names were on the wanted ORG list . It was to be linked to the databases of the railway and airline companies , so that whenever any of the persons listed bought a train or airplane ticket an automatic notification was sent to the police , thereby allowing the police to arrest that person .", "Order No . ORG , On installing the software database “ Search - Highway ” in the interior departments of transport , issued by ORG on DATE ( unpublished , a copy was submitted by the Government ) provided that the database be installed in DATE . The appendix to that Order established the procedure for its operation . In particular , it established that the following persons should be included in the database : ( CARDINAL ) persons on the ORG list ; ( CARDINAL ) foreign nationals or stateless persons whose names were put on the wanted ORG list in connection with criminal offence committed on the territory of GPE ; ( CARDINAL ) foreign nationals whose entry into GPE was prohibited or restricted ; ( CARDINAL ) persons suspected of the following serious or especially serious offences : unlawful transportation of arms , ammunition or explosives ; criminal explosions ; unlawful traffic of antiques or their smuggling out of GPE ; premeditated murders ; terrorist acts ; drug trafficking ; financial crimes ; ( CARDINAL ) leaders of ethnic communities ; leaders and active members of organised criminal groups .", "Order no . CARDINAL , On certain measures intended to strengthen the fight against extremism , issued by ORG on DATE ( unpublished ) , directed that a database of potential extremists be created as a part of the “ Search - Highway ” database . It was code - named “ FAC ” ( “ GPE контроль ” ) .", "According to PERSON . , an officer from the ORG whose affidavit was submitted by the Government , the decision to register a person ’s name in the “ FAC ” is taken by ORG or its regional departments on the basis of confidential information ." ]

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[ "NORP These cases concern CARDINAL applicants who in DATE were convicted in separate , unrelated criminal proceedings in GPE . The common complaint in the applications is that each applicant was interviewed by the police without access to a lawyer and the evidence obtained from that interviewed was relied on by the prosecution at trial .", "The first applicant , Mr PERSON , is a NORP national who was born in DATE . He is currently detained at ORG . He is represented before the ORG by PERSON , a lawyer practising in GPE with ORG .", "The second applicant , PERSON , is also a NORP national . She was born in DATE and is currently detained at FAC . She is represented by PERSON , a lawyer practising in GPE with ORG .", "The facts of the case , as submitted by the first applicant , may be summarised as follows .", "In TIME of Saturday DATE , the first applicant had a sexual encounter with a woman who was spending TIME at his flat . TIME the woman attended a police station where she made an allegation of rape against him . The first applicant was then detained by the police and interviewed by them without the presence of a lawyer . In the interview he made a statement that he and the woman had had consensual sex . He was subsequently charged with rape and tried on indictment at ORG of Justiciary sitting at GPE DATE . At trial the prosecution relied on the statement the first applicant had given to the police . On DATE , he was convicted by a majority verdict of the jury . He did not appeal against his conviction .", "On DATE , DATE before the delivery of the judgment of ORG in GPE v. HM Advocate [ DATE ] ORG CARDINAL ( see paragraphs CARDINAL–CARDINAL below ) , the first applicant applied to ORG of Justiciary sitting as a court of criminal appeal ( “ the Appeal Court ” ) for an extension of time in which to lodge an appeal against conviction and sentence . In the Note of Appeal which accompanied the application for an extension of time , the first applicant submitted inter alia that his trial had been unfair because he had not been give access to a lawyer while in police custody and the prosecution had relied on the contents of his police interview at trial .", "The application for an extension of time was initially refused by a Single Judge and then , following an oral hearing on CARDINAL DATE , by a bench of CARDINAL judges .", "The facts of the case , as submitted by the second applicant , may be summarised as follows .", "On DATE , after a trial at ORG of Justiciary sitting at GPE , the second applicant was convicted of murder . In the course of the trial , the prosecution had relied on statements given by the second applicant in the course of a police interview , which took place on DATE without the presence of a lawyer .", "The second applicant was advised by her then legal representatives that she had no grounds for appealing against her conviction and accordingly did not do so within the statutory time - limit . However , it appears that , in DATE and again in DATE and DATE , she was granted extensions of time in which to lodge a ORG , but failed to do so .", "On DATE , on the basis of advice from new legal representatives , the second applicant lodged an application for extension of time in which to lodge an appeal against conviction . The application and an accompanying devolution minute alleged inter alia that the second applicant ’s trial had been unfair as a result of the admission of the statements she had given in her police interview .", "The application was refused by a Single Judge on CARDINAL DATE . The second applicant appealed against that decision and a hearing was convened before CARDINAL judges of ORG on DATE . Before the hearing senior counsel advised the second applicant that none of her grounds of appeal were arguable : in particular , he advised that ORG finding in GPE that its ruling should not apply to “ closed cases ” ( see paragraph CARDINAL below ) meant that the second applicant ’s ground of appeal relating to the admission of her statements to the police could not succeed . Consequently , at the hearing on DATE , the second applicant sought to withdraw her application for an extension of time . ORG allowed the application to be withdrawn on DATE .", "At the time of the above judgment ( and the time of the present applicants’ trial ) , sections DATE and CARDINAL of the Criminal Procedure ( GPE ) Act DATE ( “ the DATE LAW ) provided that a person detained at a police station had the right to have the fact and place of his detention intimated to a solicitor , but did not have the automatic right of access to a solicitor either prior to or during a police interview .", "The compatibility of sections DATE and CARDINAL of the DATE Act with this ORG ’s judgment in GPE v. GPE [ ORG ] , no . DATE was considered by ORG of Justiciary sitting as a court of criminal appeal ( “ the Appeal Court ” ) in ORG v. PERSON , judgment of CARDINAL DATE . ORG considered that it was not necessary to give effect to the PERSON judgment in GPE , finding instead that the guarantees available under the NORP system were sufficient to secure a fair trial of someone who was interviewed without access to a lawyer and whose responses were relied on by the prosecution .", "PERSON was detained in DATE following an incident in which CARDINAL men had been attacked by a group of youths . He was taken to a police station and interviewed , under caution but without the presence of a lawyer , by QUANTITY police officers . During the interview he made a number of admissions with regard to the offences with which he was later charged . He was then arrested , cautioned and charged with assault and breach of the peace . At trial the audio tape recording of his police interview was played in full to the jury and they were given copies of the transcript . On CARDINAL DATE he was convicted on all charges . He appealed against conviction inter alia on the ground that his interview had been relied on at trial . His appeals to ORG were refused on the papers at the first and second sift stages . He then submitted an application for special leave to appeal to ORG .", "On DATE the ORG unanimously found that : ( i ) PERSON had been incorrectly decided by ORG ; ( ii ) ORG ’s case should be remitted to ORG for further consideration ; ( iii ) and its ruling should not apply retroactively .", "On the third issue , both Lord Hope and Lord PERSON ( with whom the other Justices agreed ) held that , in the interests of legal certainty , the ruling should not permit the re - opening of closed cases , but rather only apply to cases which had not yet gone to trial , to cases where the trial was still in progress and to appeals that had been brought timeously . For all closed cases it was a matter for ORG to decide whether the cases should be referred back to ORG and for that court to decide what course it ought to take if a reference were to be made to it by the Commission .", "Immediately after the ORG ruling , LAW ( “ LAW ) was passed by ORG . It amends PERSON ( GPE ) Act DATE to allow a suspect the right to have intimation sent to a solicitor inter alia that the solicitor ’s professional assistance is required by the suspect . It also provides for the right to a private consultation with a solicitor before any questioning begins and at any other time during such questioning . Consultation includes , for example , consultation by means of telephone . The CARDINAL Act also provides that a suspect must be informed of these rights .", "ORG is a public body with the task of reviewing and investigating cases where it is alleged a miscarriage of justice has occurred . LAW amends the provisions of LAW which give the Commission the power to refer cases to ORG . LAW directs the Commission , in determining whether or not it is in the interests of justice that a reference should be made , to have regard to the need for finality and certainty in the determination of criminal proceedings . LAW also gives ORG the power to reject a case which has been referred to it by the Commission if the court considers that it is not in the interests of justice that any appeal arising from the reference should proceed . The LAW provides that , in determining whether or not it is in the interests of justice that any appeal arising from the reference should proceed , ORG must have regard to the need for finality and certainty in the determination of criminal proceedings ." ]

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[ "ORG On DATE Mr PERSON was stopped by the police while driving his car . He was not wearing his safety - belt . In a \" sentence order \" ( PERSON ) of DATE the federal police authority ( Bundespolizeidirektion ) in GPE imposed on him a fine of MONEY ( ORG ) with TIME ' imprisonment in default of payment , for an offence under section III(CARDINAL ) and ( QUANTITY ) of the third amendment to LAW ( GPE - see paragraph CARDINAL below ) .", "ORG The applicant appealed against that decision to the GPE regional government ( Amt der Landesregierung ) , which upheld the decision on DATE but reduced the fine to ORG CARDINAL and the penalty in default to TIME imprisonment .", "ORG On DATE the applicant applied to ORG ) . He complained of an infringement of the principle that all citizens are equal before the law and alleged that his being sentenced to imprisonment in default by an administrative authority that was not an \" independent and impartial \" tribunal breached ORG and CARDINAL ( article CARDINAL , article CARDINAL ) of the LAW . He also argued that the requirement to wear a safety - belt was an interference in his private life , contrary to LAW .", "On DATE , at the conclusion of a consideration of the case in private , ORG declined to accept the appeal for adjudication ( Article CARDINAL para . CARDINAL of LAW ( Bundes - Verfassungsgesetz ) - see paragraph CARDINAL below ) , since , in view of its case - law on LAW , it did not have sufficient prospects of success ; moreover , the case did not lie outside the jurisdiction of ORG ( Verwaltungsgerichtshof ) .", "At Mr PERSON 's request , it also decided to refer the application to ORG .", "ORG On DATE ORG stayed the proceedings before it as Mr PERSON 's application did not satisfy the substantive and formal requirements of section CARDINAL(CARDINAL ) of LAW ( Verwaltungsgerichtshofsgesetz - see paragraph CARDINAL below ) .", "Section III of the CARDINAL Act as amended in DATE , which amended LAW CARDINAL ( ORG ) , provides :", "\" CARDINAL . ORG Where a seat in a motor vehicle is equipped with asafety - belt as required by LAW , the driver andpassengers occupying such a seat must wear the safety - belt in theconventional manner ( bestimmungsgemäß ) ...", "...", "ORG It shall be an administrative offence ... punishable , in a sentence order without a hearing ( PERSON ) pursuant to LAW a fine of ORG CARDINAL for", "( a ) the driver of a motor vehicle or", "( b ) a passenger in a motor vehicle", "not to comply with the requirement in subsection ( CARDINAL ) , first sentence . In the event of refusal to pay the ... fine , the authority may impose a fine of up to ORG CARDINAL , with CARDINAL ' imprisonment in default of payment .", "... \"", "ORG Article CARDINAL para . CARDINAL of LAW ( Bundes - Verfassungsgesetz ) provides :", "\" Hearings by trial courts in civil and criminal cases shall be oral and public . Exceptions may be prescribed by law . \"", "ORG By Article CARDINAL para . CARDINAL of LAW , when an application ( Beschwerde ) is made to it , has to determine whether an administrative decision ( Bescheid ) has infringed a right guaranteed by the LAW or has applied regulations ( Verordnung ) contrary to the law , a law contrary to LAW or an international treaty incompatible with NORP law .", "Article CARDINAL para . CARDINAL provides :", "\" Up to the time of the hearing ORG may by means of a decision ( ORG ) decline to accept a case for adjudication if it does not have sufficient prospects of success or if it can not be expected that the judgment will clarify an issue of constitutional law . The court may not decline to accept for adjudication a case excluded from the jurisdiction of ORG by Article CARDINAL . \"", "ORG By LAW para . CARDINAL of LAW , ORG has jurisdiction to hear , inter alia , applications alleging that an administrative decision is unlawful .", "Section CARDINAL(CARDINAL ) of LAW ( Verwaltungsgerichtshofsgesetz ) provides :", "\" Applications which are not barred by any of the circumstances set out in subsection ( CARDINAL ) , but fail to satisfy the conditions as to form and content laid down in DATE , must be adjourned for a brief period to enable their defects to be remedied ( Behebung der Mängel ) ; applications not rectified within the time - limit shall be deemed to have been withdrawn . \"", "Section CARDINAL(CARDINAL ) provides , in particular , that at the end of the preliminary proceedings ( PERSON ) ORG must hold a hearing where the applicant makes a request to that effect .", "Section CARDINAL(CARDINAL ) reads as follows :", "\" Notwithstanding a party 's application under subsection ( CARDINAL ) , ORG may decide not to hold a hearing where", "ORG the proceedings must be stayed ( section CARDINAL ) or the application dismissed ( section CARDINAL ) ;", "ORG the impugned decision must be quashed as unlawful because the respondent authority lacked jurisdiction ( section CARDINAL(CARDINAL)(CARDINAL ) ) ;", "ORG the impugned decision must be quashed as unlawful on account of a breach of procedural rules ( section CARDINAL(CARDINAL)(CARDINAL ) ) ;", "ORG the impugned decision must be quashed because its content is unlawful according to the established case - law of ORG ;", "ORG neither the respondent authority nor any other party before the court has filed pleadings in reply and the impugned decision is to be quashed ;", "ORG it is apparent to the court from the pleadings of the parties to the proceedings before it and from the files relating to the earlier administrative proceedings that a hearing is not likely to clarify the case further . \"", "ORG - paragraphs CARDINAL of section CARDINAL ) were in force in DATE ; sub - paragraphs CARDINAL and CARDINAL were inserted in DATE and sub - paragraph CARDINAL in DATE .", "Section CARDINAL(CARDINAL ) of LAW provides :", "\" In so far as ORG does not find any unlawfulness deriving from the respondent authority 's lack of jurisdiction or from breaches of procedural rules ( section CARDINAL(CARDINAL)(CARDINAL ) and ( CARDINAL ) ) ... , it must examine the impugned decision on the basis of the facts found by the respondent authority and with reference to the complaints put forward ... If it considers that reasons which have not yet been notified to CARDINAL of the parties might be decisive for ruling on [ CARDINAL of these complaints ] ... , it must hear the parties on this point and adjourn the proceedings if necessary . \"", "Section CARDINAL(CARDINAL ) of the same LAW states that , save as otherwise provided , ORG must either dismiss an application as ill - founded or quash the impugned decision .", "By section ORG ) ,", "\" The Administrative Court shall quash the impugned decision if it is unlawful", "ORG by reason of its content , [ or ]", "ORG because the respondent authority lacked jurisdiction , [ or ]", "ORG on account of a breach of procedural rules , in that", "( a ) the respondent authority has made findings of fact which are , in an important respect , contradicted by the case file , or", "( b ) the facts require further investigation on an important point , or", "( c ) procedural rules have been disregarded , compliance with which could have led to a different decision by the respondent authority . \"", "ORG If ORG quashes the impugned decision , \" the administrative authorities [ are ] under a duty ... to take immediate steps , using the legal means available to them , to bring about in the specific case the legal situation which corresponds to ORG view of the law ( PERSON ) \" ( section CARDINAL(CARDINAL ) ) .", "ORG In a judgment of CARDINAL DATE ( G CARDINAL/CARDINAL ) ORG held :", "\" From the fact that it has been necessary to extend the reservation in respect of LAW to cover the procedural safeguards of LAW , because of the connection between those CARDINAL provisions ( article CARDINAL , article CARDINAL ) , it follows that , conversely , the limited review ( die ( bloß ) nachprüfende PERSON ) carried out by ORG or ORG is insufficient in respect of criminal penalties within the meaning of the Convention that are not covered by the reservation . \"", "ORG Pursuant to LAW , administrative courts called \" independent administrative tribunals \" ( ORG ) were set up in the Länder with effect from DATE . The functions of these tribunals include determining both the factual and the legal issues arising in cases concerning administrative offences ( ORG ) .", "ORG The instrument of ratification of the Convention deposited by ORG on DATE contains , inter alia , a reservation worded as follows :", "\" The provisions of LAW shall be so applied that there shall be no interference with the measures for the deprivation of liberty prescribed in the laws on administrative procedure , BGBl [ ORG ] No . CARDINAL , subject to review by ORG or ORG as provided for in LAW . \"" ]

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[ "The applicant , Mr PERSON , is a NORP national who was born in DATE and lives in GPE . He was represented before the ORG by Mr PERSON , a lawyer practising in GPE .", "The respondent Government were represented by their Agent , Ms M. Karadjova , of ORG .", "The facts of the case , as submitted by the parties , may be summarised as follows .", "On DATE the applicant and CARDINAL of his relatives initiated rei vindicatio proceedings against the GPE municipality . They sought to recover possession of a property , which had been nationalised by the ORG in DATE from one of their ancestors . They considered that the said property had been restituted to them ex lege following the entry into force on DATE of ORG ( the “ LAW ” ) .", "It is unclear how many hearings were held before ORG . CARDINAL expert ’s opinion was obtained in the course of the proceedings and there was difficulty in obtaining various official documents regarding the status of the property .", "On DATE ORG dismissed the claimants’ action as it found that they had failed to prove their ownership rights to the property . The claimants appealed against the judgment on an unspecified date .", "It is unclear how many hearings were held before ORG .", "On DATE ORG upheld the judgment of the lower court . The claimants filed a petition for review ( cassation ) against the aforementioned judgements on an unspecified date .", "It is unclear how many hearings were held before ORG .", "In a judgment of DATE ORG quashed the lower NORP judgments and remitted the case to ORG as it considered that there had been procedural violations by the lower courts due to the fact that they had based their findings on insufficient evidence .", "It is unclear how many hearings were held before ORG at the retrial stage of the proceedings . During this period the court commissioned CARDINAL expert reports , dated DATE and DATE , CARDINAL DATE and DATE , sometime at DATE and DATE .", "In a judgment of DATE ORG once again found against the claimants as it considered that they had failed to prove their ownership rights to the property and dismissed their rei vindicatio action . The claimants filed a petition for review ( cassation ) against the aforementioned judgement on an unspecified date .", "In a final judgment of CARDINAL DATE ORG upheld the lower court ’s judgment on similar grounds .", "The mother of the applicant filed a request on DATE with ORG seeking the restitution of a plot of land . It is unclear whether the property subject of this request was the same one as that in rei vindicatio proceedings .", "ORG apparently did not respond to the request filed by the applicant ’s mother , so on an unspecified date she appealed against the tacit refusal of the GPE Mayor . On an unspecified date , CARDINAL of her relatives joined the proceedings .", "On DATE the claimants were served with a decision of the Deputy - Mayor of GPE refusing to restitute the claimed property . The claimants appealed against the decision on DATE .", "It is unclear how many hearings were conducted before ORG .", "In a judgment of DATE ORG dismissed the PERSON appeal and upheld the decision of the Deputy - Mayor of GPE . The court found that the property was not subject to restitution under LAW because it had been nationalised for municipal projects which had been completed , which precluded such restitution .", "The claimants filed a petition for review ( cassation ) against the aforementioned judgment on DATE .", "It is unclear how many hearings were conducted before ORG .", "ORG , in a judgment of DATE , quashed the judgment of DATE and remitted the case as it found that there had been procedural deficiencies in the proceedings before the lower court . In particular , it considered that the lower court had failed to examine evidence which unequivocally proved that the municipal projects for which the property had been nationalised had in fact been completed .", "It is unclear how many hearings were conducted before ORG at the retrial . On this occasion , the relatives of the applicant ’s mother did not join the proceedings . During the period , CARDINAL or CARDINAL technical and accounting expert reports were commissioned and obtained by the court on DATE , CARDINAL June , CARDINAL DATE and CARDINAL DATE , CARDINAL DATE , and , CARDINAL DATE and DATE . In addition , CARDINAL hearings were postponed at the request of the applicant and the lawyer of his mother . As a result of the applicant ’s mother passing away , on DATE he and his sister continued the proceedings instituted by her .", "In a judgment of CARDINAL DATE ORG found against the applicant and his sister , dismissed their appeal and upheld the refusal of the Deputy - Mayor of GPE . The court noted their failure to comply with an instruction of DATE to present a certificate that they were the heirs of the ancestor whose property they sought to restitute . Regarding the restitution claim , the court found , inter alia , that it was not possible to identify the property previously owned by the PERSON ancestor and that the prerequisites for restitution under LAW had not been met .", "The applicant and his sister appealed against the judgment on DATE .", "It is unclear how many hearings were conducted before ORG .", "In a final judgment of DATE ORG quashed the lower court ’s judgment in respect of part of the disputed property and ruled on the merits of the appeal against the refusal of the Deputy - Mayor of GPE as regards that part of the property . In contrast to the lower court , ORG considered that all the prerequisites for restitution of the said part of the property were present , found in favour of the applicant and his sister , and restituted it to them ." ]

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[ "The applicant was born in DATE . He lives in GPE .", "On DATE ORG found the applicant guilty of robbery and CARDINAL traffic offences and sentenced him to CARDINAL years’ imprisonment .", "He started serving his sentence in PERSON , where he was detained from DATE to DATE ; from DATE to DATE ; from DATE ; and from DATE to DATE . He also served a part of his sentence in GPE prison from DATE to CARDINAL DATE ; from DATE to CARDINAL DATE ; and from DATE to DATE .", "The further circumstances on the applicant ’s conditions of detention are in dispute between the parties .", "The applicant complained about the conditions of his detention , summarised below , in both PERSON and PERSON prisons .", "He regularly complained thereof and about the disciplinary measures taken against him to the delegate judge , who dismissed most of his complaints .", "For instance , in a decision of DATE , the delegate judge to PERSON rejected the applicant ’s complaints that he did not fully benefit from the rights granted to him by the LAW implementing Law no . CARDINAL/CARDINAL , adopted by Decree no . DATE , on the ground , inter alia , that the legal force of the regulations was inferior to that of the law , and that therefore the prison administration was under no obligation to grant detainees rights which were not provided for by PERSON no . QUANTITY itself .", "The cell lacked basic hygiene , it was infested with lice , bugs and rats , the blankets were in a poor condition and the mattresses were dirty . Although the cell was very small and it was only big enough for CARDINAL people , there were CARDINAL beds and QUANTITY inmates in the cell ( sometimes even CARDINAL ) .", "The cell window was very small and the cell lacked natural light . Due to the size of the window , the cell was not properly ventilated . The air was even more difficult to breathe as his cellmates were smokers , and the applicant was thus exposed to smoke almost all day long .", "As the sanitary facilities were separated from the rest of the cell only by a makeshift partition , the smell was unbearable .", "The water was undrinkable .", "In addition , the applicant alleges that his DATE walk schedule was not observed and that his access to cultural and educational activities was limited .", "The conditions were similar to those in PERSON : the cell was overcrowded and lacked basic hygiene ; also , there were no educational and cultural activities and the walk schedule was not observed .", "He was detained alone in a cell for DATE , from DATE to DATE . During that period he had no contact with the outside world , his rights to receive visits or parcels and to make phone calls were heavily restricted , the window could not be opened and he could only go out for walks on the roof of the prison building , handcuffed , and in a group of CARDINAL or CARDINAL prisoners .", "On DATE the applicant was categorised as “ dangerous ” and treated as such , including during his transfer from PERSON to FAC . This measure was regularly renewed . However , the applicant considered that the decisions to categorise him as dangerous had lacked any factual basis and pointed out that since DATE he had not committed any act of indiscipline and had integrated very well into prison life .", "Being categorised as a dangerous prisoner had serious consequences . His rights to receive visits , parcels and correspondence were restricted , and sometimes even withdrawn .", "The applicant frequently had to file actions with the courts each time there was a restriction of his right to receive parcels and correspondence ; most of his complaints about that were allowed by the domestic courts . However , the decision to categorise him as dangerous had other consequences : it prevented him from participating in a number of activities in the prison , and even restricted his movement ; for instance , his hands were handcuffed behind his back whenever he was moved , which proved very painful .", "Generally , the prison staff had a hostile attitude towards him .", "On DATE he was taken from PERSON to ORG for a hearing . He did not receive any food or water until he was taken back to FAC .", "The Government submitted in their observations that in general , the conditions in PERSON were adequate . In DATE and DATE there had been a problem with the overcrowding of the cells , but as of DATE the situation had improved , and in each cell the number of detainees corresponded to the number of beds at the most . Each cell had power supply , natural light and natural ventilation through the windows . In DATE time , the cell doors remained open , being closed off only by grids for better ventilation .", "Each cell was equipped with tables , chairs , benches and a hallstand . The cells were cleaned by the prisoners , the necessary materials being provided by the prison administration . Disinfestation services were provided by professionals at least once DATE . The sanitary facilities were cleaned TIME with disinfectants . Whenever necessary , the cells were cleaned with disinfectants . DATE , upon request , the clothing of the detainees was washed .", "Drinking water was permanently available . The quality of the water was checked DATE by a company under contract with the prison administration ; according to the reports of that company , the water was drinkable .", "NORP The applicant was detained in cells CARDINAL . CARDINAL , CARDINAL , CARDINAL , CARDINAL , CARDINAL , CARDINAL , CARDINAL , CARDINAL , CARDINAL , CARDINAL .", "During DATE the applicant was entitled to a DATE TIME walk ; after PERSON no . CARDINAL/CARDINAL entered into force in DATE , he was entitled to a TIME walk . In DATE and DATE the applicant also took part in educative programmes .", "The fact that the applicant was registered as a detainee with an increased degree of risk did not restrict his right to receive packages , visits , or correspondence ; however , appropriate security measures were taken when granting these rights .", "Moreover , the applicant complained CARDINAL of times both about the security measures and the way they interfered with his rights , as well as about the improper conditions of his detention . The delegated judge often granted the applicant ’s appeals concerning disciplinary sanctions against him . The appeals concerning his registration as dangerous and the material conditions of detention were dismissed , on the ground that no breach of law could be found . For instance , on CARDINAL DATE , the applicant ’s complaints about the improper material conditions in his cell and about the lack of medical treatment by a dentist were dismissed by the delegate judge . He found , upon examination of the information submitted to him by ORG administration , that the conditions of the applicant ’s detention did not amount to inhuman or degrading treatment and that , although there was no dentist in PERSON , a competition for hiring a dentist in that prison was being organised by ORG . The delegated judge concluded that no breach of PERSON no . CARDINAL/CARDINAL could be found .", "The cells in the prison had CARDINAL or six beds , and were equipped in compliance with the law . Each detainee had an individual bed and a bedroll .", "The CARDINAL - bed detention cells measured QUANTITY , access to natural light and ventilation through CARDINAL windows , and were equipped with CARDINAL sink with utensils , CARDINAL television stand , CARDINAL table , CARDINAL lamp and TIME watch light .", "The CARDINAL - bed detention rooms measured QUANTITY , access to natural light and ventilation through CARDINAL windows , and were equipped with CARDINAL sink with utensils , CARDINAL television stand , CARDINAL tables , CARDINAL bench , a hallstand , CARDINAL lamp and TIME watch lamp .", "The sanitary facility was separated from the detention room and conformed to hygiene standards and privacy requirements . The detention rooms and water for twice DATE baths were heated by the prison ’s own power station . Drinking and non - drinking water was provided by the GPE city supply network and was checked periodically .", "The applicant was registered as a detainee with an increased degree of risk , and therefore security measures were taken when according his rights . For instance , his DATE walk took place in CARDINAL of the CARDINAL courtyards specially designed for very dangerous detainees , located on block C.", "DATE the applicant was detained alone in a cell equipped in a similar way to the other cells . After DATE the applicant shared his cell with another detainee . The DATE programme was respected by the prison administration , his rights to visits and packages were observed , and he was even able to participate in the football games organised by the penitentiary authorities .", "The applicant ’s registration as a detainee with an increased degree of risk was well - founded and repeatedly prolonged throughout his detention in FAC . The applicant complained CARDINAL of times about his conditions of detention , including material conditions , lack of medical treatment and restrictions to his rights as a result of his registration as dangerous .", "The delegated judge often granted the applicant ’s appeals concerning disciplinary sanctions against him . The appeals concerning his registration as dangerous and the material conditions of detention were dismissed , on the ground that no breach of law could be found .", "The circumstances surrounding the events on CARDINAL November DATE are in dispute between the parties .", "The applicant alleged that on CARDINAL and CARDINAL DATE , while in PERSON , he had been beaten by members of FAC intervention squad wearing balaclavas . His requests to be examined by a forensic doctor immediately after the violent incidents had been ignored . He further alleged that he had immediately duly informed the prison authorities about the violent behaviour of the members of the intervention squad .", "The Government submitted in their observations that on DATE , upon his return from a court hearing , the applicant had asked to be taken to the prison store room to pick up some personal effects . The officers had informed him that his request would be granted only after all the formalities applicable to detainees returning from court to their cells had been complied with . Unhappy that his request had not been granted immediately , the applicant had become violent , and while he was being taken to the detention room , he had managed to undo his handcuffs and hit ORG , CARDINAL of the members of the intervention unit , in the face . The incident was settled calmly and the applicant was placed in his cell without further difficulty . The DATE ORG had been taken to a doctor , who had established that he had “ a minor head injury of level CARDINAL ” , which required DATE of medical treatment .", "The applicant also alleged that on DATE , during the morning call , he had been hit and insulted by a supervising officer , GPE , and CARDINAL members of the intervention unit .", "After the incidents on CARDINAL , DATE and DATE , the applicant lodged with ORG attached to ORG a criminal complaint against the following prison officers :", "a ) ORG and other members of the intervention unit , for hitting him on TIME of CARDINAL DATE upon his return from a court hearing ;", "b ) GPE , GPE , ORG and other members of the intervention unit for allegedly beating , threatening and insulting him on DATE ;", "c ) prison warden ORG for allegedly insulting and hitting him during TIME call on DATE .", "On DATE the applicant was brought before ORG concerning his request that the prison administration ’s decision to grade him as a “ dangerous detainee ” be revoked ( see paragraph CARDINAL above ) . During the hearing , he complained that he had been repeatedly beaten in FAC by ORG agents and that his body still bore bruises , and that he suffered pain in the right rib cage . He also indicated that he had filed complaints with the prosecutor and the prison administration , asking to see a doctor , but that he had received no answer .", "The court took note of the criminal complaints lodged by the applicant and forwarded them to the prosecutor for further investigation . It also ordered FAC administration to allow a doctor to see the applicant in order to have a medical certificate drawn up in relation to his allegations of ill - treatment .", "Following ORG order , the applicant was examined by a doctor DATE , on DATE . A forensic medical report was drawn up , indicating multiple bruises in the area of the applicant ’s thighs and lower legs , which were deemed to still require CARDINAL days’ medical treatment . The report also stated that the bruises could have been caused on CARDINAL or DATE by impact with hard objects .", "On DATE ORG indicted the applicant for assault on a ORG agent , for having hit ORG on DATE ( see paragraphs CARDINAL et seq . below ) .", "On DATE ORG decided not to open criminal proceedings against ORG in relation to the alleged incident on DATE , on the ground that the complaint had not been substantiated . The prosecution established that the only witness who had supported the applicant ’s version of events , PERSON , had not been an eyewitness ; he had only heard screams and shouting involving the applicant and I.N from his cell . The other witnesses , who had been sharing the cell with the applicant , had not seen anything .", "The decision not to open criminal proceedings against ORG was upheld by the higher prosecutor on DATE .", "On DATE ORG upheld the decision not to open proceedings . The court reached this decision upon examination of the file produced by the prosecution , without any evidence being administered or any witnesses being heard .", "On DATE ORG decided not to open criminal proceedings in relation to the alleged incidents of CARDINAL and DATE . The prosecutor established that on DATE , due to the fact that the applicant had been denied a particular request , he had succeeded in freeing one hand from his handcuffs and hitting CARDINAL of the agents of the special intervention unit , ORG , in the face . The intervention squad had managed to immobilize the applicant . The prosecutor considered that the forensic certificate drawn up on DATE could not constitute evidence showing that the injuries had been inflicted by ORG and ORG , since there was a possibility that those injuries had been inflicted during the immobilization of the applicant . The prosecutor further indicated that the statements made by those witnesses who were also detainees were subjective , due to the fact that they had been the applicant ’s fellow inmates ; moreover , they had presented the facts differently .", "The decision not to open criminal proceedings in relation to the alleged incidents of CARDINAL and DATE was upheld by the higher prosecutor on DATE .", "On DATE ORG upheld the decision of DATE . The court reached its decision upon examination of the file produced by the prosecution , without administering evidence or hearing witnesses .", "The court found that the witnesses did not confirm the applicant ’s allegations . In particular , those witnesses in FAC who had seen the applicant being hit by agents wearing balaclavas were unable to provide the names of those agents , while other witnesses had no knowledge at all of the said events . The court found the statement by an inmate , PERSON , to the effect that CARDINAL of the CARDINAL agents wearing balaclavas who had beaten the applicant had been ORG , unconvincing on the ground that the agents’ faces had been covered by the balaclavas . The court further found , with respect to the forensic medical certificate , that “ the mere existence of those bruises does not indicate the respondents’ guilt . ”", "On DATE ORG upheld the decision of DATE , finding that the applicant ’s allegations had not been fully substantiated . The court reached its decision upon examination of the file produced by the prosecution . It concluded that despite a number of witnesses confirming the occurrence of incidents between the applicant and the prison wardens in FAC , none of those witnesses had identified the applicant ’s aggressors as the defendants indicated by the applicant .", "On DATE ORG indicted the applicant for assault on a ORG agent , for having hit ORG on DATE . After questioning witnesses to the incident on DATE and in the light of the medical certificate issued on DATE , indicating that ORG had needed DATE of medical care , the prosecutor established that the applicant had voluntarily hit ORG on DATE .", "Before ORG the applicant claimed that he had not hit ORG on DATE . He contended that while he had been vehemently protesting against the PERSON refusal to take him to the store room , CARDINAL members of the intervention squad had approached him and hit him . During his attempts to defend himself from the blows , CARDINAL of the agents might have accidentally been hurt . He claimed , however , that he had not behaved aggressively and had not resisted the immobilisation manoeuvres . He relied on the statements of all the witnesses to the incident , which had shown that he had not acted violently when the agents had attempted to immobilize him . He further stressed that numerous witnesses had stated that the ORG agents had assaulted him , and pointed to the incoherency of the statements of the agents who claimed that he had voluntarily hit ORG", "He finally asked the court to hear evidence from all witnesses to the incident , inmates and ORG agents .", "On CARDINAL DATE ORG convicted the applicant of assault on a ORG agent , ORG , sentenced him to CARDINAL years’ imprisonment and , as required by LAW read in conjunction with LAW a ) of LAW , deprived him of his right to vote as an additional penalty .", "The court firstly noted that the inmates who had witnessed the incident of DATE had withdrawn the statements they had made to the prosecutor in which they had indicated that the applicant had hit ORG Before the court , they had stated that those statements had been made under duress . They submitted to the court that it was the applicant who had been assaulted by the ORG agents .", "The court found those statements irrelevant , on the ground that they merely proved an alleged provocation by the ORG agents , and did not exculpate the applicant from the injuries he had caused to ORG The court further found that those injuries had been caused with intent , as the statements given by the ORG agents questioned in the court showed .", "Following an amendment of LAW on certain sentences , an appeal by the applicant was allowed on DATE by ORG , with regard to the prison sentence only , which was reduced to DATE . The decision was upheld by ORG on DATE .", "On DATE the PERSON prison administration informed the applicant that his common - law wife , ORG , was not allowed to visit him , since the prison records indicated that he was married to another woman . Her name was therefore not put on the list of people allowed to visit the applicant .", "On DATE , relying on Government Ordinance no . CARDINAL , the applicant challenged the refusal of the Giurgiu Prison administration to allow him visits from ORG with ORG . By a decision of DATE the court found for the applicant and ordered the decision in question to be quashed and the applicant to be entitled to visits from ORG The decision became final .", "NORP The prison records do not indicate that there were visits from ORG after the judgment of DATE . They do , however , indicate that he was visited by members of his family on a regular basis .", "Whether the decision of DATE was enforced or not is in dispute between the parties .", "The applicant claimed that the decision of DATE had not been enforced and that ORG had not been put on the list of people allowed to visit him . He did not provide , however , specific information as to any attempts by ORG to visit him after DATE .", "In their observations , the Government claimed that , on the contrary , after the decision of DATE , ORG did not ask to visit the applicant .", "NORP The domestic legislation on the execution of sentences , in particular PERSON no . TIME and Emergency Ordinance no . CARDINAL ( “ Ordinance no . CARDINAL ” ) are described in GPE v. GPE , no . CARDINAL , § § DATE , CARDINAL DATE .", "On DATE Law no . CARDINAL/CARDINAL on the execution of sentences entered into force , which replaced PERSON no . CARDINAL and Ordinance no . CARDINAL .", "LAW no . CARDINAL/CARDINAL provides the right of a detainee to complain to the delegate judge about any measure taken by the prison administration which infringes the rights granted to him by that PERSON . The decision taken by the delegate judge is subject to appeal before ORG .", "No provision of PERSON no . CARDINAL/CARDINAL deals with the structural quality of the place of detention or the space provided to detainees .", "The relevant provisions of LAW concerning complaints about decisions by the prosecutor are set out in PERSON GPE ( no . CARDINAL ) , no . CARDINAL , § § CARDINAL , CARDINAL DATE ) .", "The relevant provisions of LAW providing the automatic withdrawal of the right to vote and to be elected during the execution of a prison sentence , read as follows :", "“ Disqualification from exercising one or more of the rights mentioned below may be imposed as an additional penalty :", "( a ) the right to vote and to be elected to bodies of a public authority or to public elective office ;", "... ”", "“ The secondary penalty shall consist in disqualification from exercising all the rights listed in LAW .", "( CARDINAL ) A life sentence or any other prison sentence shall automatically entail disqualification from exercising the rights referred to in the preceding paragraph from the time at which the conviction becomes final until the end of the term of imprisonment or the granting of a pardon waiving the execution of the sentence ... ”", "In a decision of CARDINAL DATE ( following an appeal in the interests of the law ) which became mandatory on the date of its publication in ORG on DATE , ORG and ORG advised the domestic courts to interpret LAW in the light of the LAW , and thus assess in each case the necessity of the withdrawal of the right to vote .", "The Government submitted copies of various decisions given by the domestic courts applying Ordinance no . CARDINAL/CARDINAL and PERSON no . CARDINAL/CARDINAL . These decisions deal mainly with complaints by detainees which challenged before the national courts various disciplinary measures , or related to the regime of imprisonment , the right to correspondence or medical care .", "The Government also submitted CARDINAL cases , CARDINAL concerning a complaint about poor sanitary installation and lack of observance of a shower schedule , and CARDINAL concerning a complaint regarding overcrowding , lack of air , and the presence of ill inmates . Both of them were dismissed by the domestic courts on the ground , inter alia , that they “ did not regard any of the rights provided by PERSON no . CARDINAL ” .", "Following a visit to GPE by the Commissioner for Human Rights from DATE , a report was published on DATE , providing information on GPE - Jilava Prison . The report describes the conditions of detention in this facility as “ particularly difficult ” and the situation as “ alarming ” . It further described the facilities as “ outdated , windows unable to filter the cold and furniture from another era ” .", "The relevant findings and recommendation of ORG for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment ( “ the ORG ” ) are described in the cases ORG v. GPE , no . CARDINAL , § § DATE , DATE , and GPE v. GPE ( no . CARDINAL , § § DATE , DATE ) .", "With regard to PERSON , excerpts from the ORG ’s findings following the visits of DATE and DATE are given in the case of PERSON v. GPE ( no . CARDINAL , § § DATE , DATE ) . In particular , the ORG expressed concern about the restricted living space , as the number of detainees exceeded more than twice the prison ’s capacity , the shortage of beds , the lack of adequate separation between the toilets and the living space in the cells , and qualified the conditions as “ lacking privacy ” and “ an affront to human dignity ” .", "Following visits in DATE to several prisons in GPE , the ORG published a report on DATE , in which it stated , inter alia :", "“ DATE . ( ... ) the ORG is gravely concerned that the lack of beds remains an ongoing problem not only in the establishments visited , but also at the national level , and has been since the first visit to GPE in DATE . It is high time that major steps are taken to put an end to this unacceptable situation . The ORG calls upon the NORP authorities to take decisive priority action to ensure that that each inmate housed in a prison has a bed .", "However , ORG welcomes the fact that shortly after the visit in DATE , the official standard of living space per inmate in the cell was increased from CARDINAL FAC ( which amounted to an area of QUANTITY per detainee ) to QUANTITY . The ORG recommends that the NORP authorities take the necessary steps to meet the standard of CARDINAL m² of living space per inmate in shared cells in all prisons in GPE ” .", "With respect to the practice of prison administrations employing special intervention units , in its report of DATE the ORG found that special intervention units wearing masks were dispatched to surveillance departments in order to control violent and/or unmanageable and rebellious detainees . According to the ORG , the presence of such units creates an oppressive atmosphere , whereas the wearing of masks makes it difficult to identify a potential suspect if and when an allegation of ill - treatment is made . The ORG recommended that members of the special intervention units should be forbidden from wearing masks in the exercise of their duties in a prison environment , irrespective of the circumstances . The ORG further recommended that the NORP authorities remind the members of the special intervention units that all forms of ill - treatment against detainees ( including verbal provocation and insults ) are unacceptable and are to be severely sanctioned , and that the use of force in order to control violent and/or recalcitrant prisoners must be limited to occasions when it is strictly necessary ." ]

[ "3", "P1" ]

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[ "The applicant , Mr PERSON , is a NORP national who was born in DATE and lives in the town of GPE . He is represented before the Court by PERSON , a lawyer practising in GPE . The respondent Government are represented by PERSON , Representative of GPE at ORG .", "The facts of the case , as submitted by the parties , may be summarised as follows .", "The applicant worked as a doctor in a ORG medical institution . On an unspecified date the applicant was accused of bribery and corruption . By first instance judgment of DATE ORG fully acquitted the applicant . On DATE the judgment was upheld by ORG of GPE and came into force .", "Thereafter the applicant brought CARDINAL sets of proceedings against the ORG , claiming damages for the wrongful prosecution .", "On DATE ORG of the town of GPE ( “ the ORG ” ) examined and granted his action for non - pecuniary damages . The applicant was awarded RUR CARDINAL,CARDINAL to be paid by ORG . This judgment came into force on CARDINAL DATE .", "By judgment of DATE ORG granted the applicant ’s claim for pecuniary damages and ordered ORG to pay him ORG . The judgment came into force on DATE .", "On DATE ORG issued the applicant with the writ of execution in the respect of the judgment of DATE . On DATE he forwarded this writ and supporting documents to a local department of ORG of ORG ( ORG Министерства финансов LOC по Воронежской области , “ the ORG ” ) .", "On DATE the applicant obtained the writ of execution in respect of the judgment of DATE and on DATE he forwarded the writ and supporting documents to ORG .", "In DATE ORG returned both writs and the documents to the applicant without enforcement . They stated , in particular , that under the legislation in force execution writs issued against the ORG should be submitted directly to ORG ( see the relevant domestic law section below ) .", "The applicant followed the instruction and on DATE he applied to the said Ministry for enforcement . The writs and supporting documents reached ORG .", "It appears that the applicant also unsuccessfully applied for enforcement of the judgments in his favour to the bailiffs .", "In DATE the money due pursuant to the judgments of CARDINAL DATE and DATE were transferred to the applicant ’s bank account .", "Section CARDINAL of LAW for DATE and LAW of LAW for DATE provides that writs of execution in respect of the claims arising out of unlawful actions or inactions of ORG bodies should be submitted directly to ORG and that the bailiffs are not authorised to carry out the enforcement of such writs ." ]

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[ "NORP The applicant company is a private company registered in GPE . At the time of the events it carried out barter trade operations with NORP companies involving , in particular , exchange of some food raw materials from GPE for NORP crude oil and further sale of finished oil products .", "On DATE the applicant company signed a contract with ORG ( “ the Refinery ” – the biggest company in the oil refining industry in the country at the time , with PERCENT of its shares being owned by ORG for the refining of QUANTITY of crude oil .", "On DATE ORG ( “ the HAC ” ) , allowing a claim brought by the applicant company , directed the ORG to deliver to the applicant company the oil products produced from its raw materials .", "During DATE and DATE the ORG only delivered a small part of the oil products to the applicant company .", "On DATE the applicant company supplied QUANTITY of crude oil to the Refinery for refining .", "In DATE the ORG - owned companies in the GPE region involved in harvesting , coal mining and other activities essential for the local economy suffered a particularly acute shortage of fuel . As a part of the emergency measures instituted to overcome the crisis , the local authorities directed the Refinery to provide for local needs , free of charge , some oil products , regardless of whether they had been produced from oil owned by customers .", "Following a further claim brought by the applicant company , on DATE the ORG ordered the ORG to comply with the contract of DATE .", "At some point the Refinery was renamed ORG ( “ NORP ” ) .", "By a ruling of CARDINAL DATE , the ORG amended its judgment of DATE and ordered ORG to pay the applicant company for the undelivered oil products .", "On DATE ORG instructed ORG for ORG ( “ Derzhnaftogazprom ” ) to verify whether the applicant company ’s claims against ORG were justified . As can be seen from a letter from Derzhnaftogazprom to ORG of CARDINAL DATE , it found the claims to be well grounded . It was noted in the letter , in particular , that the main reason for the Refinery ’s failure to comply with its contractual obligations vis - à - vis the applicant company had been the unpaid diversion of oil products by the regional authorities in DATE .", "On DATE the ORG awarded the applicant company compensation for the lengthy non - enforcement of the judgments of DATE and CARDINAL DATE and ordered that the court fees be paid by ORG .", "On DATE the applicant company applied to the ORG for the initiation of insolvency proceedings against ORG , referring to the lengthy non - enforcement of the judgments of CARDINAL DATE and DATE .", "On DATE ORG ( “ the ORG ” ) , to which the ORG had referred the aforementioned motion of the applicant company , started insolvency proceedings .", "On DATE it made a preliminary finding that the outstanding debts of LyNOS vis - à - vis the applicant company had been confirmed by documentary evidence as CARDINAL NORP hryvnias ( ORG ) and QUANTITY of oil products .", "On DATE the applicant company asked the ORG to secure the PERSON claims by seizing the ORG ’s shares in ORG .", "On DATE the court allowed the request and prohibited “ [ LyNOS ] , ORG and any other authorities from taking any action with a view to transferring ownership or changing the status of the ORG ’s shares in [ ORG ] until the court completes the [ insolvency proceedings ] . ”", "On DATE ORG informed the ORG ’s President of the results of its investigation into the reasons for the arrears and the insolvency of ORG . It concluded , inter alia , that ORG ’s debts vis - à - vis its customers had mainly been caused by the unpaid diversion of oil products for ORG needs in DATE .", "On DATE the applicant company concluded an agreement with ORG concerning the procedure for and conditions of repayment of the latter ’s arrears resulting from the judgments of the ORG of DATE and DATE , as well as the ruling of ORG . Having signed that agreement , the debtor recognised its debt vis - à - vis the applicant company in the amount of ORG CARDINAL , which was , according to the agreed schedule , to be repaid in kind within DATE . The parties also underlined that the agreement could not be understood as a friendly settlement and did not imply a request for termination of the insolvency proceedings against ORG .", "On DATE the ORG stayed the proceedings until the debtor , the creditors and the competent authorities had agreed on guarantees for the repayment of the arrears .", "On DATE the applicant company requested that the Prime Minister consider the possibility of transferring the ORG ’s shares in ORG , equal to PERCENT of its share capital , into its trust for the period of the repayment of the arrears as a guarantee of that repayment .", "On DATE the ORG resumed the insolvency proceedings .", "On DATE it decided to leave unexamined the outstanding claims of ORG ’s creditors . At the same time , referring to the need to continue to make efforts to settle the PERSON claims and prevent the debtor ’s insolvency , the court decided to conduct further review of the parties’ actions in that connection . Namely , it instructed ORG and the creditors whose claims remained unsettled to inform it on a DATE basis of the progress of the repayment of the arrears . Moreover , all the parties concerned were instructed to develop a mechanism to ensure the continued repayment of the arrears . The court also decided to invite ORG to take measures to prevent the insolvency of ORG . The court noted that it was common ground between the parties that the arrears could be repaid in kind .", "On DATE the ORG decided that the insolvency proceedings should be heard by a CARDINAL - judge panel , instead of by a single judge . Prior to this , the single judge sitting in the case had been challenged by the applicant company .", "On DATE wrote a letter to the First Deputy Speaker of ORG asking for his “ assistance in establishing the lawfulness ” of the ORG ’s rulings issued in the course of the insolvency proceedings .", "On DATE the First Deputy Speaker of ORG wrote a letter to the acting President of the ORG with a request “ not to tolerate any prejudice or issuance of ungrounded decisions concerning the insolvency of NORP ” , which was claimed to be strategically important for the ORG . The letter also contained the following request :", "“ ... with a view to preventing any infringements of the interests of the ORG and violations of the legislation of GPE , you are requested to take an urgent decision quashing the ruling of CARDINAL DATE and terminating the proceedings concerning the insolvency of ORG . ”", "By a letter of DATE the ORG ’s President replied that the ruling of CARDINAL DATE was in compliance with the relevant legislation and could not be reviewed under a supervisory review procedure .", "The applicant company , in turn , requested that the ORG review the ruling of CARDINAL DATE by means of a supervisory review procedure . It maintained that , while the debts of ORG had been confirmed by documentary evidence and had to be repaid , the court had failed to establish the final amount of the outstanding debt or to demand any effective guarantees of its redemption from the debtor .", "On DATE the Panel of the ORG for ORG , Rulings and Resolutions ( “ the Review Panel ” ) quashed the ORG ’s ruling of CARDINAL DATE inasmuch as it concerned leaving the outstanding PERSON claims unexamined , and remitted the case for fresh examination by a different bench . It noted that the procedures by which the debt would be repaid and the scope and methods of the debt ’s repayment remained unclear .", "On DATE the Chairman of ORG , who was also the Chairman of ORG , sent a “ statement regarding the case ” to the ORG , in which he noted , in particular , the following :", "“ The prolonged continuation of the insolvency proceedings against ORG is inflicting both pecuniary and non - pecuniary damage on the company and deters potential investors . ... I urge you to terminate the insolvency proceedings against ORG . ”", "On DATE LyNOS complained to the President of GPE that the ORG ’s ruling of DATE had been unlawful and asked him to intervene with a view to terminating the insolvency proceedings .", "On DATE the Prime Minister informed the ORG ’s President that the management board and the trade unions of ORG disagreed with the court ’s ruling of DATE and requested that “ this issue be considered in line with the established procedure ” .", "On DATE ORG asked the ORG to terminate the insolvency proceedings . It noted that it could not proceed with the sale of its shares in ORG , given the prohibition by the ORG in its ruling of DATE on any change in the status of the company ’s shares .", "On DATE the ORG found substantiated the requests of the PERSON committee to speed up the final determination of the amount of outstanding arrears and to demand guarantees of their repayment from the debtors . It instructed both the creditors and the debtor to comply with their obligations under its earlier ruling of DATE and to develop a scheme ensuring the further repayment of the arrears . The court rejected as unsubstantiated a request by ORG to terminate the insolvency proceedings so that it could conduct a non - commercial competition for the sale of the shares . It instructed the ORG to submit to it all the documents concerning the aforementioned competition and its results .", "On DATE the ORG considered the applicant company ’s request for determination of the final amount of the debtor ’s outstanding arrears owed to it . The court noted that the applicant company had originally estimated the arrears at ORG MONEY , but , following negotiations with the debtor , that amount had been reduced to UAH CARDINAL in accordance with the agreement of CARDINAL DATE ( see paragraph CARDINAL above ) . Following the partial implementation by LyNOS of that agreement in DATE , which the court viewed as confirmation that ORG had accepted its terms , the outstanding debt was UAH CARDINAL,CARDINAL,CARDINAL .", "Having regard to the critical financial situation of the debtor , as well as its strategic significance for the economy of the ORG , the applicant company requested that the court confirm that amount as the final total of the arrears . Furthermore , it was prepared to consider the debt satisfied in full once PERCENT of it had been repaid .", "LyNOS , in turn , accepted the applicant company ’s claims only in part and requested that the court establish the amount of the outstanding arrears to be paid in kind . It considered the rulings of the ORG allowing the applicant company ’s claims to be unlawful , even if they had remained valid . The company also blamed the Government for its non - compliance with its contractual obligations vis - à - vis the applicant company . It maintained that the agreement of DATE could not be considered valid , as it did not regulate essential terms such as costs , time limits and conditions placed upon the supply of the oil products .", "The court found that the total outstanding debt of ORG to the applicant company was UAH CARDINAL,CARDINAL,CARDINAL .", "On DATE complained to the President of GPE that ORG and the ORG ’s President had failed to bring a protest on the basis of ORG ’s request with a view to overturning the ORG ’s ruling of DATE and , accordingly , terminating the insolvency proceedings . It was noted in the letter :", "“ ... the absence of prosecutorial reaction to the unlawful insolvency proceedings against ORG ... and the absence of a clear position on the part of the President of ORG as regards this case , multiplied by the boldness , unsated ambitions and , probably , some selfish interests on the part of the PERSON committee , ... have become an obstacle not only to the normal process of privatisation of ORG ’s shares , but even to its normal functioning . ”", "On DATE the ORG ’s President wrote a letter to the Prime Minister ( no . DATE ) , in which he “ informed [ him ] of the ongoing insolvency proceedings against ORG pursuant to the instructions of the President of GPE of DATE and CARDINAL DATE ” . The following was noted , inter alia , in the above letter :", "“ The arrears of the former ORG [ its ] creditors who undertake entrepreneurial activities in GPE , are , first of all , the result of its improper compliance with its contractual obligations .", "Having received oil owned by customers , the refinery is obliged to return finished oil products to its owners as agreed . The companies had to supply most of those oil products , [ in turn ] , to NORP agricultural enterprises .", "The systematic violations by ORG of its contractual obligations , as well as its evasion of enforcement of the judicial decisions , have not only resulted in the arrears , but have also led to their accrual . ...", "In the course of the examination of the case , the court , within its competence , took appropriate measures for settlement of the debts between ORG and its creditors . ORG concluded civil law agreements with some of the creditors governing the terms and conditions of the ORG repayment , which are being implemented and which offers some hope that all the arrears can be settled that way . This is the expectation that the debtor itself expressed in its application to the President of GPE . However , despite this , the debtor is evading complying with the procedure of debt repayment agreed with [ the applicant company ] .", "Having regard to the difficult economic situation of ORG , [ the applicant ] company considerably reduced [ its ] claims ... - from ORG CARDINAL,CARDINAL,CARDINAL to ORG CARDINAL ....", "I note for your information that the arrears of ORG in respect of [ the applicant company ] emerged in DATE and are confirmed by judgments of ORG of GPE . The lawfulness of those judgments has been verified by the supervision instances , including by LAW of ORG , which upheld them .", "However , since the commencement of the insolvency proceedings , ORG has not enforced the judgments despite the fact that they have the force of law . Its statement that by the conclusion of the agreements with the creditors concerning the terms of and procedures for the repayment of the arrears it was released from the necessity to comply with the judgments is unlawful .", "GPE , on the instruction of ORG of DATE ... , investigated and fully confirmed the fact of ORG ’s non - compliance with its contractual obligations , as a result of which the claims of [ the applicant company ] were found to be fully justified .", "In its letter of CARDINAL DATE ... this authority noted that during DATE the leadership of the GPE regional authorities had grossly violated NORP legislation , having ordered ORG to divert , free of charge , the oil products belonging to [ the applicant company ] . This undermines the statements of the debtor that it was not its fault that those oil products had not been delivered to their owners .", "The debtor did not even use the aid provided by the Government for repayment of the arrears . In DATE PERSON provided ORG with resources ... and approved a schedule of delivery of oil products during the period from DATE which was to remain in force until the full repayment of the debt to [ the applicant company ] . The [ debtor ] company delivered QUANTITY of those oil products during DATE and refused further repayment of the arrears , which exceeded this volume by several times .", "The demand to terminate the proceedings contradicts the law and can not be satisfied until the complete repayment of the arrears . ...", "In the course of the examination of the case , the court exhausted all legally envisaged possibilities of saving the debtor from insolvent liquidation . The creditors have made it clear that it is not their goal to have the debtor liquidated or to get its assets into their possession . They insist on gradual repayment of the debts in compliance with the agreed schedules and , subject to that , do not object to termination of the proceedings upon the complete repayment of the arrears .", "Given the complexity of the settlements between the debtor and the creditors and the lack of clarity as to the final time - frame of the repayment of the arrears , which inevitably leads to the accrual of damages due to inflation and a loss of income for the creditors , and with a view to the recovery of the debtor company , it is deemed necessary to create a taskforce to investigate the problem onsite .", "In our opinion , it would be desirable to investigate and finally determine the destiny of the oil products produced by ORG from the oil owned by customers . ”", "On DATE , DATE , ORG created a taskforce to establish the reasons for the arrears of NORP vis - à - vis its foreign and domestic creditors and to study the consequences of settlement of their claims . It consisted of representatives of : ORG , ORG , ORG , ORG , ORG , ORG , ORG , ORG , ORG and ORG , ORG , ORG , and ORG .", "On DATE the taskforce issued its report , which contained , inter alia , the following findings . ORG was the biggest oil refinery in GPE and was able to satisfy up to PERCENT of the fuel needs of the country . All the oil it had refined during DATE belonged to NORP commercial entities , which had showed increasing interest in the company given its proximity to the NORP border . The report concluded that the company was insolvent . It noted that the final amount of its arrears vis - à - vis the applicant company , as confirmed by the ORG in its ruling of DATE , was UAH CARDINAL . The main reason for the company ’s indebtedness had been the decision of the ORG authorities ( in DATE – according to the report in question , in DATE according to all the other documents in the case file ) to divert the oil products produced by ORG from oil owned by customers for ORG needs .", "The report also contained the following statement :", "“ The taskforce supports the proposal [ apparently , advanced by ORG ] that ORG of GPE must also take into account ... the ORG ’s share of the company ’s assets and the other factors which were not taken into account during the previous hearings . This concerns fulfilment of the obligations in kind , since their translation into pecuniary terms caused the amount of the arrears to be overstated . ”", "However , the taskforce considered that the amount of the outstanding debt of the company vis - à - vis the applicant company had to be verified , by means of expert reports if required . It further underlined a finding of the ORG in another case , according to which the indexation of debt to inflation had not been envisaged by the relevant legislation , and maintained that a similar line should be followed in the present case . It recommended suspending the insolvency proceedings until the “ factual indebtedness of ORG vis - à - vis commercial enterprises was established on the basis of a documentary audit ” .", "According to the above report , the taskforce had been created at the request of the ORG ’s President , such request having been expressed in a letter ( no . DATE ) dated DATE , and pursuant to the above - mentioned order of ORG .", "DATE . On DATE ORG rejected a request from ORG for an extension of the time - limit for challenging the ORG ’s ruling of DATE under the supervisory review procedure .", "On DATE the ORG ’s President lifted the ban on changing the status of ORG ’s shares which had been imposed by the ORG ’s ruling of DATE . This was done at the request of ORG , which intended to conduct a non - commercial competition for the sale of the ORG ’s shares in the company equal to PERCENT of its share capital . The sale was intended to help the company overcome its financial crisis and avoid insolvency .", "On DATE the First Deputy Prime Minister wrote a letter to the ORG ’s President in which he asked him to also lift the ban on transferring the ownership of ORG ’s shares . The letter stated :", "“ ... the members of the taskforce created at your request by an order of the ORG noted that the amount of [ ORG ’s ] arrears vis - à - vis its domestic creditors requires further clarification and in - depth and thorough verification .", "Given the fact that ORG runs the biggest and the most modern oil refinery in GPE and having regard to its importance to the economy and security of the ORG , ... you are requested to consider the findings of the taskforce , to lift the ban on the sale of the company ’s shares and to postpone the examination of the insolvency proceedings pending a determination of the final amount of its arrears vis - à - vis the domestic creditors . ”", "On DATE the First Deputy Prime Minister instructed ORG , ORG , ORG , ORG and ORG , ORG , ORG , Derzhnaftogazprom and ORG to ensure that a “ thematic documentary audit of the agreements for oil refining entered into by ORG in DATE and the amount of [ its ] arrears vis - à - vis the domestic creditors ” be undertaken by DATE .", "On DATE ORG informed the ORG that it had checked the agreements entered into by ORG in DATE and found that the company had delivered oil products to ORG agricultural enterprises pursuant to governmental instructions . There had been no documents or information suggesting that the Government had ever paid for that . As a result , the arrears of ORG ( then called the Refinery ) had emerged vis - à - vis its customers , commercial enterprises , and as of DATE had been equal to QUANTITY of oil products .", "On DATE the ORG rejected a request by ORG for an expert assessment of its arrears in respect of the applicant company , noting that it had already established the final amount of those arrears . On DATE and DATE ORG upheld that ruling .", "On DATE the applicant company lodged a request with ORG for review of the ruling issued by the ORG ’s President on DATE . It claimed that he had lacked the power to make such a ruling . The applicant company submitted that the creditors had not previously challenged the ruling because it had been issued in order to enable a non - commercial competition to be held for sale of the ORG ’s shares , amounting to PERCENT of the share capital in the company , and the competition had been subject to a guarantee that the arrears would be repaid by the company ’s new owners . Referring to the fact that such a competition had never taken place and that , according to the media , there was instead a new plan to sell PERCENT of the shares ( a controlling share ) without any guarantee of repayment of the debts , the applicant company had sought to have the ruling of DATE overturned and its claim secured by a ban on the sale of the ORG ’s shares in ORG until the insolvency proceedings were complete .", "On DATE the ORG ’s President wrote a letter to the First Deputy Prime Minister , in which he noted that the original claim of the applicant company in respect of ORG had been reduced through an agreement between the parties from ORG CARDINAL,CARDINAL,CARDINAL to ORG MONEY , with the latter figure having been confirmed by the court . The letter stated that the creditors had agreed to a restructuring of ORG ’s arrears for a term of DATE , subject to an approved debt repayment schedule being formalised by a judicial decision and having its enforcement guaranteed . At the same time they had agreed , subject to the aforementioned conditions , to reduce the amount of the arrears payable in kind . With reference to the aforementioned points , the ORG ’s President underlined that the court had exhausted all procedural possibilities for saving the debtor from insolvent liquidation . He proposed to take into account the above suggestions of the creditors for overcoming the company ’s financial crisis made in the extrajudicial restructuring process , as the situation pertaining at the time had led to the accrual of the arrears due to inflation and to a loss of income for the creditors .", "On DATE the PERSON committee submitted its proposals for restoring the solvency of ORG and preventing its insolvency to the First Deputy Prime Minister . It proposed , inter alia , to transfer into the trust of the PERSON committee the ORG ’s shares in ORG in an amount equal to the company ’s arrears as a guarantee of the repayment of those arrears . The PERSON committee drew the attention of the First Deputy Prime Minister to what it described as “ unlawful pressure by the authorities on the creditors and on the court , as well as the unacceptable protraction of the search for a solution to [ this ] acute problem ” .", "On DATE asked the Speaker of ORG “ to apply to ORG with a view to termination of the insolvency proceedings ” . It contended that the ORG had wrongly resumed the insolvency proceedings , having overturned its earlier ruling of CARDINAL DATE on DATE . It submitted that the ORG had “ chosen to allow the claims of the creditors , who seek unjust enrichment ... ” .", "On DATE LyNOS instituted proceedings before ORG seeking to have its contracts with the applicant company for oil refining entered into in DATE and DATE , as well as the agreement of CARDINAL DATE concerning the repayment of the arrears , declared formally invalid . On DATE the ORG took the case over .", "On DATE wrote a letter to the President of GPE in which it noted that extensive efforts were being made to overcome its financial crisis and that there was interest in it from a potential foreign investor . It considered , however , that “ the position of a number of non - State creditors of the company [ was ] an obstacle to obtaining an effective result from the measures taken by the ORG authorities and to realisation of the investor ’s potential ” . It underlined that the applicant company was “ blocking the possibility of resolving the problem in a civilised manner ” . The company asked the President “ to give instructions to the relevant ORG authorities to verify , within the legal framework , the soundness of [ the applicant company ’s ] claims against ORG , the nature of their emergence and to determine the correct amount of the arrears . ”", "On DATE ORG ordered that a tendering commission be created to further the commercial sale of the ORG ’s shares in ORG ( representing PERCENT of its share capital ) .", "On DATE the ORG rejected ORG ’s claim for the invalidation of its contracts with the applicant company entered into in DATE and DATE , as well as the agreement of CARDINAL DATE concerning the repayment of the arrears .", "On DATE the ORG ’s President wrote a letter to the President of GPE with the following contents :", "“ Pursuant to your instruction of DATE , I am informing you of the progress of the insolvency proceedings against ORG .", "CARDINAL enterprises are creditors in this case , with claims for the repayment of arrears amounting to over QUANTITY .", "In the course of the examination of the case , the court took , within its competence , certain measures to settle the debts of ORG owed to its creditors .", "However , given the complexity of the settlements between the debtor and the creditors and with a view to the company ’s recovery , I request that you create a taskforce of specialists which will investigate , within the company , the problem , including clarification of the amount of the arrears . ”", "On DATE ORG requested that the ORG ’s President lift the ban on sale of shares in ORG , given that the ruling of DATE had only lifted the ban on changing the status of the shares and it remained unclear whether that also concerned their sale . On DATE the ORG ’s President allowed the request .", "On DATE ORG issued a report on the “ verification of the validity of the debt obligations of LyNOS vis - à - vis [ the applicant company ] and the lawfulness of inflation indexation and application of penalties ” , which had been undertaken pursuant to the instructions of ORG . It established the final arrears owed by ORG to the applicant company in the amount of ORG CARDINAL . The report considered that the findings of the ORG concerning the outstanding debt to the applicant company had been wrong and in contradiction of the applicable legislation .", "By a ruling of DATE the ORG imposed a moratorium on allowing the LOC claims in the case and appointed an administrator of the debtor ’s property ( an individual person ) .", "In DATE the ORG ’s shares in ORG , amounting to PERCENT of its share capital , were sold to a NORP company .", "DATE . On an unspecified date in DATE ORG applied to ORG for review of the rulings of ORG and of the ORG of DATE ( both rulings concerning the amount of the outstanding debts of ORG vis - à - vis the applicant company ) on the basis of newly - discovered circumstances . It referred to the above report of ORG of DATE as the newlydiscovered circumstance warranting the review .", "On DATE the ORG examined the above application . Having found that the report relied on did not contain any new information that was not known at the time when the challenged rulings had been issued , the ORG ruled to “ uphold the part of the [ relevant ] ruling regarding the final determination of the debt of ORG to the [ applicant company ] ” . The court also noted that the ruling of ORG had determined the amount of the debt only in preliminary terms , while the amount later defined as final in the ORG ’s ruling of DATE had been based on the agreement between the parties of CARDINAL DATE . Furthermore , the court had secured the LOC claims by imposing a ban on any activities involving the debtor ’s assets .", "Later in DATE the ORG ’s President , relying on LAW , instructed his CARDINAL deputies to review the ORG ’s ruling of DATE , as , according to him , “ it had virtually [ paralysed ] the work of a company strategically important for the ORG , which could harm the property interests of both the creditors and the debtor , as well as undermine the fulfilment of the investor ’s obligations to ORG ” .", "On DATE ORG allowed an application brought by ORG for the suspension of the enforcement of the ORG ’s ruling of DATE until the ORG had decided whether to undertake the supervisory review sought by the company .", "On DATE ORG quashed the ORG ’s ruling of DATE ( with the exception of CARDINAL unrelated points ) and remitted the case for fresh examination .", "On DATE , the Chairman of ORG wrote a letter to the President of GPE thanking him “ for [ his ] firmness and insistence in solving the issues of the company ’s privatisation and recovery ” . The letter noted that “ the positive results were self - explanatory ” . The company considered , in particular , that the new investor had contributed to overcoming its crisis . The letter also contained the following statements :", "“ As a manager , I find disturbing the actions of [ the applicant company ] , which [ is ] trying to put pressure on ORG and the investor ... , constantly exaggerating its claims in the insolvency proceedings examined by ORG ... It will be extremely difficult for ORG to solve these problems without your intervention . In this connection , I ask you to support our team of employees and to instruct ORG and ORG of GPE to sort the situation out and to issue lawful decisions ” .", "On DATE the President of GPE forwarded the above request to the ORG ’s President and to ORG with a note as follows :", "“ Please sort this out and take decisions according to the legislation in force ” .", "At the request of ORG , on DATE ORG reviewed the ORG ’s ruling of CARDINAL DATE under the supervisory review procedure and upheld the ruling , having found no grounds for the invalidation of ORG ’s contracts with the applicant company entered into in DATE and DATE , as well as the agreement of CARDINAL DATE on the repayment of arrears .", "DATE . On DATE the ORG , at the request of ORG , reviewed the rulings of ORG and of the ORG of DATE concerning the amount of its outstanding debts vis - à - vis the applicant company on the basis of newly - discovered circumstances . The court considered that the agreement between the parties of DATE ( on which the earlier determination of the outstanding arrears had been based ) was to be considered in law as a contract of supply . However , it had not contained all the elements required for such a contract and thus had to be declared invalid . Furthermore , the court considered that the LOC committee had lost its powers on DATE , the effective date of amendments to the insolvency legislation envisaging new procedures for the creation and activities of NORP committees .", "By the same ruling , the ORG established the final amount of the outstanding debts of ORG vis - à - vis the applicant company to be ORG CARDINAL,CARDINAL,CARDINAL , having noted that the earlier amounts established had been of a preliminary nature .", "The applicant company appealed against the above ruling of the ORG , contending , inter alia , that the review and reduction of the amount of the arrears contradicted the final judicial decisions in that connection , which had become res judicata .", "On DATE ORG ( the former ORG , as renamed in DATE ) transferred the insolvency case to ORG ( “ the Lugansk Commercial Court ” ) for further examination in line with amendments introduced to the legislation governing arbitration proceedings in DATE .", "On DATE ORG returned the applicant company ’s appeal against the ORG ’s ruling of DATE to it , making reference to the transfer of the case to ORG on DATE .", "DATE the applicant company introduced several applications with the ORG for access to the case files regarding the insolvency proceedings and the proceedings concerning its claims against ORG ( then called the Refinery ) lodged in DATE and DATE . By a letter of DATE the ORG informed the applicant company that the files relating to its claims brought in DATE and DATE had been destroyed , as the time - limit for their storage had expired . The applicant company was , however , given access to the case file concerning the insolvency proceedings . It complained to ORG and to the President of ORG about the destruction of the case files pertaining to the DATE and DATE claims and of irregularities in respect of the file concerning the insolvency proceedings ( lack of page numbering and inadequate numbering and inventory of contents ) . On DATE ORG informed the applicant company that it had brought the irregularities discovered in the case file with regard to the insolvency proceedings to the attention of the President of ORG .", "On DATE ORG considered an appeal by the applicant company against the ORG ’s ruling of DATE . As a result , it changed the total of the outstanding arrears of ORG vis - à - vis the applicant company to ORG in debt and ORG CARDINAL in compensation for delayed repayment ( UAH CARDINAL in total ) .", "On DATE ORG dismissed an appeal in cassation brought by the applicant company against the above - mentioned ruling of DATE .", "On DATE ORG commenced the court - supervised restructuring of ORG .", "On DATE ORG , sitting as a bench of CARDINAL judges , rejected the applicant company ’s request for leave to appeal in cassation against the rulings of DATE and DATE , having “ failed to come to an agreement as to the presence in this case of legal grounds for the institution of cassation proceedings before the ORG ” .", "On DATE the creditors’ committee and the debtor signed a friendly settlement agreement , according to which the creditors’ claims were to be settled by exchanging them for the debtor ’s assets . The applicant company , in particular , was to receive CARDINAL shares owned by the debtor in the share capital of ORG in settlement of its claims ( equal to ORG CARDINAL,CARDINAL,CARDINAL ) . Its claims would also have been considered settled had it refused to accept the aforementioned shares .", "On DATE ORG approved the above friendly settlement agreement , noting , inter alia , that the PERSON committee had voted for it unanimously . It declared the court - supervised restructuring of the debtor company complete and lifted the moratorium on settling the PERSON claims . The applicant company was not present at the hearing , although , as noted in the ruling of ORG of DATE ( see below ) , it had been duly notified of it .", "The applicant company appealed against the above ruling , submitting , amongst other things , that it had had no opportunity to object to the friendly settlement agreement , that there had been no assessment of the value of the shares in ORG , and that it had not been established whether ORG had been authorised to repay its debts with the assets of the aforementioned company .", "On DATE and DATE ORG and ORG , respectively , dismissed the applicant company ’s appeal and cassation appeal as unsubstantiated .", "On DATE ORG rejected a further request by the applicant company for leave to appeal in cassation .", "The relevant provisions can be found in PERSON v. GPE , no . MONEY , § CARDINAL , DATE ( independence of the judiciary ) , and in PERSON and Others v. GPE , no . CARDINAL , § DATE , CARDINAL DATE ( protection of property ) .", "NORP The relevant provisions , as worded before the amendments of DATE ( effective since DATE ) , are quoted in GPE - Tyumen v. GPE , no . CARDINAL , § DATE .", "Chapter PERSON ( in force since DATE ) can be found in MPP PERSON v. GPE ( dec . ) , no . CARDINAL/CARDINAL , ORG CARDINALXI .", "Under LAW , final judicial decisions may be reviewed on the basis of newly - discovered circumstances , where those circumstances were of significant importance for the case and could not have been known to the party concerned . According to LAW , the examination of a request for the review of a case on the basis of newly - discovered circumstances should result in a court judgment ( ruling or resolution ) upholding the judgment ( ruling or resolution ) sought to be reviewed , modifying it or quashing it . The relevant decision may be challenged under standard procedure .", "Under paragraph CARDINAL of the Final and Transitional Provisions , a judgment not challenged by the time of the entry into force of the LAW before the president of an arbitration court may be appealed against to the commercial court of appeal or cassation instance in compliance with the procedures envisaged by LAW ." ]

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[ "The applicant is a NORP national , born in DATE and living in GPE . She is represented before the ORG by PERSON , a solicitor practising in PERSON .", "The facts of the case , as submitted by the applicant , may be summarised as follows .", "The applicant , a gypsy born in GPE , started travelling at DATE when she married a gypsy who travelled . After the marriage ended , the applicant married PERSON , a romany gypsy who had travelled with his parents widely . During their travelling together , they and their CARDINAL children were moved on by the police many times for parking their caravan on the road side . They were frequently moved on DATE after DATE and escorted by the police outside the county .", "In the DATE ’s , the applicant and her family found a pitch on an official site at GPE , GPE . Her children and their caravan were attacked by other gypsies , and there were quarrels between the applicant and other gypsy parents . She and her husband decided to move off the pitch . After DATE of travelling and making short term stays on gypsy sites , the applicant moved onto a private gypsy site in GPE , GPE , where they stayed for DATE . After this period , a new gypsy family moved onto the adjacent pitch , who were drunkards and kept the applicant and her family awake with brawls and quarrels . A neighbouring caravan was set on fire and another caravan vandalised . The applicant ’s husband grew very depressed and in DATE he developed a heart condition requiring quiet and rest .", "After DATE looking for a piece of land on which to settle , they found an affordable site at LOC , GPE , GPE . This was close to the applicant ’s family and in a quiet lane full of mobile homes and adjacent to an official gypsy site . They purchased the site in DATE . A planning application was put in on DATE for CARDINAL mobile homes and CARDINAL tourers .", "The application was refused by ORG ( ‘ the Council’ ) on DATE . An enforcement notice was issued on DATE . The applicant and her husband ’s appeal against the refusal of planning permission and the enforcement notice was heard by a planning inspector on CARDINAL and DATE .", "In his decision letter of DATE , the inspector held inter alia :", "“ CARDINAL . The site is located within the predominantly open countryside to the south of the settlement of ORG … It is irregular in shape and QUANTITY in extent . It adjoins a former chapel to the east , which is now used as a day care centre , and on its western side it adjoins a residential property , … and an open field . Opposite is a purpose built local authority gypsy site , ORG , and to the south east is the CARDINAL PERSON public house . It falls within LOC . …", "NORP The site is clearly visible from both LOC and FAC …", "You claim that the site is well - screened and does not intrude into the open countryside . To my mind , the number of caravans , structures , vehicles and trailers , etc . effectively urbanises the site and results in a material loss of openness . The use detracts from the visual amenity of the site . The land north of CARDINAL GPE is largely open . Development of the site intrudes into the open belt of land , south of ORG , and consolidates the sporadic development in GPE . It contributes to the coalescence of ORG and ORG . It involves an encroachment of residential use into the open countryside contrary to CARDINAL of the main purposes of LOC .", "The site has a QUANTITY boundary with a private dwelling which is positioned close to the boundary . I consider that the occupants of the dwelling have experienced a material loss of amenity due to the loss of openness and increased noise and disturbance from the intensified activity on the site . ... There is evidence of on site business activities . The appeal site consolidates gypsy site provision in the locality and extends the use on both sides of LOC . The change of use results in an ad hoc extension to the consciously located official gypsy site opposite . It has resulted in loss of natural features and does not complement and harmonise with the local surroundings contrary to policy ORG . In my view the use diminishes the rural quality of the landscape in this area .", "NORP … There are CARDINAL purpose built gypsy sites in the district and CARDINAL authorised sites . The ORG claims that statistical evidence does not demonstrate a continuing or compelling need for further provision in the district , either permanent , temporary or transit . I note that a Designation Order for the district was made by the Secretary of ORG in DATE as an area to which section CARDINAL of LAW DATE applied . On the basis of official counts taken twice a year , the level of need in the district in DATE has been very low …", "The ORG site opposite has recently been upgraded and accommodates CARDINAL families . The other ORG site , PERSON , accommodates CARDINAL families . There are CARDINAL other local authority sites within GPE . The current waiting list for ORG is CARDINAL but there are CARDINAL vacancies at the PERSON site . < The applicant ’s husband > voluntarily moved to the site from an official gypsy site at GPE , GPE . He has no local connections in ORG or ORG or particular links with GPE . …", "< The applicant ’s husband > has a heart condition and is on pills for life , he had gout and a back problem … I appreciate that he needs a more peaceful and settled existence . Nevertheless , the site is not within easy reach of medical and pharmacy services . < He > is able to undertake some light work , such as erecting fencing and is able to drive ; I am not persuaded that his medical condition amounts to such very special circumstances which would justify a breach of LOC policy .", "< The applicant ’s husband > approached other travellers to find a site and made informal inquiries about vacancies on the ORG site . His preference to live with his son complicates availability . He did not consult with the ORG before he bought the site ... the evidence indicates that the ORG made every effort , both in writing and by personal visits , to inform < him > that planning permission was needed and that approval would be unlikely due to the site ’s LOC status . …", "The objections to the development in LOC are serious ones which can not be overcome by the imposition of planning conditions such as landscaping … The public interest can only be safeguarded by the cessation of the use ... ”", "The Inspector granted a compliance period of DATE in recognition that it might take some considerable time for a vacancy to be found on an appropriate site elsewhere .", "Counsel advised that there was no error of law on which the applicant and her husband could appeal to ORG . He did consider that the inspector had made an errors of fact , in particular , in setting out the local council criteria for gypsy sites . However , this did not assist the applicant as it was clear from the rest of the decision that the inspector would have found that the relevant criteria had not been met and would have reached the same result .", "In DATE , the Secretary of ORG for the Environment approved the local plan for GPE . This identified specific sites for CARDINAL dwellings , planned to identify a further CARDINAL dwelling sites and failed to identify a single site for gypsies . The local authority had zoned all rural land as LOC , excluding QUANTITY of quarries unsuitable for human habitation . Residential and agricultural land in the area was valued at QUANTITY .", "In or DATE , the applicant ’s husband was convicted of being in breach of an enforcement notice and fined CARDINAL GBP . He lodged a further application for planning permission which was dismissed after a public enquiry at a date unspecified .", "ORG as amended by ORG DATE ) ( “ the DATE LAW ) consolidated pre - existing planning law . It provides that planning permission is required for the carrying out of any development of land ( section CARDINAL of LAW ) . A change in the use of land for the stationing of caravans can constitute a development ( ORG v. Secretary of ORG for the Environment and GPE [ DATE ] ORG Law CARDINAL ; PERSON v. Secretary of ORG for the Environment and South Hertfordshire District Council [ DATE ] ORG ) .", "An application for planning permission must be made to the local planning authority , which has to determine the application in accordance with the local development plan , unless material considerations indicate otherwise ( section CARDINALA of LAW ) .", "The DATE Act provides for an appeal to the Secretary of ORG in the event of a refusal of permission ( section CARDINAL ) . With immaterial exceptions , the Secretary of ORG must , if either the appellant or the authority so desire , give each of them the opportunity of making representations to an inspector appointed by the Secretary of ORG . It is established practice that each inspector must exercise independent judgment and must not be subject to any improper influence ( see the PERSON the GPE judgment of CARDINAL DATE , Series A no . CARDINAL-A , p. CARDINAL , § DATE ) . There is a further appeal to ORG on the ground that the Secretary of ORG ’s decision was not within the powers conferred by LAW , or that the relevant requirements of LAW were not complied with ( section FAC ) .", "If a development is carried out without the grant of the required planning permission , the local authority may issue an “ enforcement notice ” if it considers it expedient to do so having regard to the provisions of the development plan and to any other material considerations ( section CARDINAL ( CARDINAL ) of LAW ) .", "There is a right of appeal against an enforcement notice to the Secretary of ORG on the grounds , inter alia , that planning permission ought to be granted for the development in question ( section CARDINAL ) . As with the appeal against refusal of permission , the Secretary of ORG must give each of the parties the opportunity of making representations to an inspector .", "Again there is a further right of appeal “ on a point of law ” to ORG against a decision of the Secretary of ORG under section CARDINAL ( section CARDINAL ) . Such an appeal may be brought on grounds identical to an application for judicial review . It therefore includes a review as to whether a decision or inference based on a finding of fact is perverse or irrational ( NORP v. Secretary of ORG for ORG , ex parte PERSON [ DATE ] Appeal Cases CARDINAL , CARDINAL ORG ) . ORG will also grant a remedy if the inspector ’s decision was such that there was no evidence to support a particular finding of fact ; or the decision was made by reference to irrelevant factors or without regard to relevant factors ; or made for an improper purpose , in a procedurally unfair manner or in a manner which breached any governing legislation or statutory instrument . However , the court of review can not substitute its own decision on the merits of the case for that of the decision - making authority .", "Where any steps required by an enforcement notice to be taken are not taken within the period for compliance with the notice , the local authority may enter the land and take the steps and recover from the person who is then the owner of the land any expenses reasonably incurred by them in doing so ( section CARDINAL of LAW ) .", "The purpose of ORG and the operation of the policy to protect them is set out in the national policy document FAC ( DATE ) .", "“ CARDINAL . The Government attaches great importance to GPE , which have been an essential element of planning policy for DATE . …", "The fundamental aim of LOC policy is to prevent urban sprawl by keeping land permanently open ; the most important attribute of ORG is their openness . Green Belts can shape patterns of urban development at sub - regional and regional scale , and help to ensure that development occurs in locations allocated in development plans . They help to protect the countryside , be it in agricultural , forestry or other use . They can assist in moving towards more sustainable patterns of urban development .", "There are CARDINAL purposes in GPE :", "– to check the unrestricted sprawl of large built - up areas ;", "– to prevent neighbouring towns from merging into one another ;", "– to assist in safeguarding the countryside from encroachment ;", "– to preserve the setting and special character of historic towns ; and", "– to assist in urban regeneration by encouraging the recycling of derelict and other urban land . …", "NORP The essential characteristic of GPE is their permanence . Their protection must be maintained as far as can be seen ahead . …", "The general policies controlling development in the countryside apply with equal force in Green Belts but there is , in addition , a general presumption against inappropriate development within them . Such development should not be approved , except in very special circumstances . …", "Inappropriate development is , by definition , harmful to LOC . It is for the applicant to show why permission should be granted . Very special circumstances to justify inappropriate development will not exist unless the harm by reason of inappropriateness , and any other harm , is clearly outweighed by other considerations . In view of the presumption against inappropriate development , the Secretary of ORG will attach substantial weight to the harm to the Green Belt when considering any planning application or appeal concerning such development . ”" ]

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[ "The applicants were born in DATE and DATE respectively and live in GPE .", "The first applicant , Mr S. , was arrested on DATE at DATE and charged with attempted robbery . His fingerprints and DNA samples were taken . He was acquitted on DATE .", "The second applicant , Mr PERSON , was arrested on DATE and charged with harassment of his partner . His fingerprints and DNA samples were taken . Before a pre - trial review took place , he and his partner had reconciled , and the charge was not pressed . On DATE , ORG served a notice of discontinuance on the applicant ’s solicitors , and on DATE the case was formally discontinued .", "Both applicants asked for their fingerprints and DNA samples to be destroyed , but in both cases the police refused . The applicants applied for judicial review of the police decisions not to destroy the fingerprints and samples . On DATE ORG ( ORG and ORG ) rejected the application [ [ DATE ] EWHC CARDINAL ( Admin ) ] .", "On DATE ORG upheld the decision of ORG by a majority of CARDINAL ( Lord PERSON and PERSON ) to CARDINAL ( ORG ) [ [ DATE ] EWCA Civ CARDINAL ] . As regards the necessity of retaining DNA samples , Lord Justice PERSON stated :", "“ ... [ F]ingerprints and DNA profiles reveal only limited personal information . The physical samples potentially contain very much greater and more personal and detailed information . The anxiety is that science may DATE enable analysis of samples to go so far as to obtain information in relation to an individual ’s propensity to commit certain crime and be used for that purpose within the language of the present section [ section CARDINAL of ORG and LAW DATE ] . It might also be said that the law might be changed in order to allow the samples to be used for purposes other than those identified by the section . It might also be said that while samples are retained there is even now a risk that they will be used in a way that the law does not allow . So , it is said , the aims could be achieved in a less restrictive manner ... Why can not the aim be achieved by retention of the profiles without retention of the samples ?", "The answer to [ these ] points is as I see it as follows . First the retention of samples permits ( a ) the checking of the integrity and future utility of the DNA database system ; ( b ) a reanalysis for the upgrading of DNA profiles where new technology can improve the discriminating power of the DNA matching process ; ( c ) reanalysis and thus an ability to extract other DNA markers and thus offer benefits in terms of speed , sensitivity and cost of searches of the database ; ( d ) further analysis in investigations of alleged miscarriages of justice ; and ( e ) further analysis so as to be able to identify any analytical or process errors . It is these benefits which must be balanced against the risks identified by ORG . In relation to those risks , the position in any event is first that any change in the law will have to be itself Convention compliant ; second any change in practice would have to be Convention compliant ; and third unlawfulness must not be assumed . In my view thus the risks identified are not great , and such as they are they are outweighed by the benefits in achieving the aim of prosecuting and preventing crime . ”", "Lord Justice PERSON considered that the power of a chief constable to destroy data which he would ordinarily retain had to be exercised in every case , however rare such cases might be , where he or she was satisfied on conscientious consideration that the individual was free of any taint of suspicion . He also noted that the difference between the retention of samples and DNA profiles was that the retention of samples would enable more information to be derived than had previously been possible .", "On DATE ORG dismissed an appeal by the applicants . Lord PERSON , giving the lead judgment , noted the legislative history of section CARDINAL(CARDINALA ) of LAW ( PACE ) , in particular the way in which it had been introduced by ORG following public disquiet about the previous law , which had provided that where a person was not prosecuted or was acquitted of offences , the sample had to be destroyed and the information could not be used . In CARDINAL cases , compelling DNA evidence linking CARDINAL suspect to a rape and another to a murder had not been able to be used , as at the time the matches were made both defendants had either been acquitted or a decision made not to proceed for the offences for which the profiles had been obtained : as a result it had not been possible to convict either suspect .", "Lord PERSON noted that the value of retained fingerprints and samples taken from suspects was considerable . He gave the example of a case in DATE , in which DNA information from the perpetrator of a crime was matched with that of “ I ” in a search of the national database . The sample from “ I ” should have been destroyed , but had not been . “ I ” had pleaded guilty to rape and was sentenced . If the sample had not been wrongly detained , the offender might have escaped detection .", "Lord PERSON also referred to statistical evidence from which it appeared that CARDINAL DNA profiles had been linked with crime - scene stain profiles which would have been destroyed under the former provisions . The offences involved included CARDINAL murders , CARDINAL attempted murders , CARDINAL rapes , CARDINAL sexual offences , CARDINAL aggravated burglaries and CARDINAL cases involving the supply of controlled drugs . On the basis of the existing records , ORG statistics estimated that there was a PERCENT chance that a crime - scene sample would be matched immediately with an individual ’s profile on the national database . This showed that the fingerprints and samples which could now be retained had in DATE played a major role in the detection and prosecution of serious crime .", "Lord PERSON also noted that PACE dealt separately with the taking of fingerprints and samples , their retention and their use .", "As to the Convention analysis , Lord PERSON inclined to the view that the mere retention of fingerprints and DNA samples did not constitute an interference with the right to respect for private life but stated that , if he were wrong in that view , he regarded any interference as very modest indeed . Questions of whether , in the future , retained samples could be misused were not relevant in respect of contemporary use of retained samples in connection with the detection and prosecution of crime . If future scientific developments required it , judicial decisions could be made , when the need occurred , to ensure compatibility with the LAW . The provision limiting the permissible use of retained material to “ purposes related to the prevention or detection of crime ... ” did not broaden the permitted use unduly , because it was limited by its context .", "If the need to justify the modest interference with private life arose , Lord PERSON agreed with Lord Justice PERSON in ORG that the purposes of retention – the prevention of crime and the protection of the right of others to be free from crime – were “ provided for by law ” , as required by LAW .", "As to the justification for any interference , the applicants had argued that the retention of fingerprints and DNA samples created suspicion in respect of persons who had been acquitted . Counsel for the Home Secretary had contended that the aim of the retention had nothing to do with the past , that is , with the offence of which a person had been acquitted , but was to assist in the investigation of offences in the future . The applicants would only be affected by the retention of the DNA samples if their profiles matched those found at the scene of a future crime . Lord PERSON saw CARDINAL factors which led to the conclusion that the interference was proportionate to the aim : ( i ) the fingerprints and samples were kept only for the limited purpose of the detection , investigation and prosecution of crime ; ( ii ) the fingerprints and samples were not of any use without a comparator fingerprint or sample from the crime scene ; ( iii ) the fingerprints would not be made public ; ( iv ) a person was not identifiable from the retained material to the untutored eye ; ( v ) the resultant expansion of the national database by the retention conferred enormous advantages in the fight against serious crime .", "In reply to the contention that the same legislative aim could be obtained by less intrusive means , namely by a case - by - case consideration of whether or not to retain fingerprints and samples , Lord PERSON referred to Lord Justice PERSON ’s comments in ORG , which read as follows :", "“ If justification for retention is in any degree to be by reference to the view of the police on the degree of innocence , then persons who have been acquitted and have their samples retained can justifiably say this stigmatises or discriminates against me – I am part of a pool of acquitted persons presumed to be innocent , but I am treated as though I was not . It is not in fact in any way stigmatising someone who has been acquitted to say simply that samples lawfully obtained are retained as the norm , and it is in the public interest in its fight against crime for the police to have as large a database as possible . ”", "Lord PERSON did not accept that the difference between samples and DNA profiles affected the position .", "ORG further rejected the ORG complaint that the retention of their fingerprints and samples subjected them to discriminatory treatment in breach of LAW when compared to the general body of persons who had not had their fingerprints and samples taken by the police in the course of a criminal investigation . Lord PERSON held that , even assuming that the retention of fingerprints and samples fell within the ambit of LAW so as to trigger the application of LAW , the difference of treatment relied on by the applicants was not one based on “ status ” for the purposes of LAW simply reflected the historical fact , unrelated to any personal characteristic , that the authorities already held the fingerprints and samples of the individuals concerned which had been lawfully taken . The applicants and their suggested comparators could not in any event be said to be in an analogous situation . Even if , contrary to his view , it was necessary to consider the justification for any difference in treatment , Lord PERSON held that such objective justification had been established : TIME , the element of legitimate aim was plainly present , as the increase in the database of fingerprints and samples promoted the public interest by the detection and prosecution of serious crime and by exculpating the innocent ; secondly , the requirement of proportionality was satisfied , section CARDINAL(CARDINALA ) of PACE objectively representing a measured and proportionate response to the legislative aim of dealing with serious crime .", "Baroness PERSON of GPE disagreed with the majority , considering that the retention of both fingerprint and DNA data constituted an interference by the ORG in a person ’s right to respect for his private life and thus required justification under the ORG . In her opinion , this was an aspect of what had been called informational privacy and there could be little , if anything , more private to the individual than the knowledge of his genetic make - up . She further considered that the difference between fingerprint and DNA data became more important when it came to justify their retention as the justifications for each of these might be very different . She agreed with the majority that such justifications had been readily established in the ORG cases .", "PACE contains powers for the taking of fingerprints ( principally section CARDINAL ) and samples ( principally section CARDINAL ) . By section CARDINAL , fingerprints may only be taken without consent if an officer of at least the rank of superintendent authorises the taking , or if the person has been charged with a recordable offence or has been informed that he will be reported for such an offence . Before fingerprints are taken , the person must be informed that the prints may be the subject of a speculative search , and the fact of the informing must be recorded as soon as possible . The reason for the taking of the fingerprints is recorded in the custody record . Parallel provisions relate to the taking of samples ( section CARDINAL ) .", "As to the retention of such fingerprints and samples ( and the records thereof ) , section CARDINAL(CARDINALA ) of PACE was substituted by section CARDINAL of ORG and LAW DATE . It provides as follows :", "“ Where ( a ) fingerprints or samples are taken from a person in connection with the investigation of an offence ; and ( b ) subsection ( CARDINAL ) below does not require them to be destroyed , the fingerprints or samples may be retained after they have fulfilled the purposes for which they were taken but shall not be used by any person except for purposes related to the prevention or detection of crime , the investigation of an offence , or the conduct of a prosecution . ...", "( CARDINAL ) NORP If ( a ) fingerprints or samples are taken from a person in connection with the investigation of an offence ; and ( b ) that person is not suspected of having committed the offence , they must , except as provided in the following provisions of this section , be destroyed as soon as they have fulfilled the purpose for which they were taken .", "( CARDINALAA ) Samples and fingerprints are not required to be destroyed under subsection ( CARDINAL ) above if ( a ) they were taken for the purposes of the investigation of an offence of which a person has been convicted ; and ( b ) a sample or , as the case may be , fingerprint was also taken from the convicted person for the purposes of that investigation . ”", "Section CARDINAL in its earlier form had included a requirement that if the person from whom the fingerprints or samples were taken in connection with the investigation was acquitted of that offence , the fingerprints and samples , subject to certain exceptions , were to be destroyed “ as soon as practicable after the conclusion of the proceedings ” .", "The subsequent use of materials retained under section CARDINAL(CARDINALA ) is not regulated by statute , other than the limitation on use contained in that provision . In Attorney - General ’s Reference ( No . DATE ) [ DATE ] CARDINAL AC CARDINAL , ORG had to consider whether it was permissible to use in evidence a sample which should have been destroyed under the then text of CARDINAL of PACE . The ORG considered that the prohibition on the use of an unlawfully retained sample “ for the purposes of any investigation ” did not amount to a mandatory exclusion of evidence obtained as a result of a failure to comply with the prohibition , but left the question of admissibility to the discretion of the trial judge .", "LAW was adopted on DATE to give effect to Directive CARDINAL of ORG and of ORG see paragraph CARDINAL below ) . Under LAW “ personal data ” means data which relate to a living individual who can be identified ( a ) from those data ; or ( b ) from those data and other information which is in the possession of , or is likely to come into the possession of , the data controller , and includes any expression of opinion about the individual and any indication of the intentions of the data controller or any other person in respect of the individual ( section CARDINAL ) . “ Sensitive personal data ” means personal data consisting , inter alia , of information as to the racial or ethnic origin of the data subject , the commission or alleged commission by him of any offence , or any proceedings for any offence committed or alleged to have been committed by him , the disposal of such proceedings or the sentence of any court in such proceedings ( section CARDINAL ) .", "The Act stipulates that the processing of personal data is subject to CARDINAL data protection principles listed in Schedule CARDINAL . Under the first principle personal data shall be processed fairly and lawfully and , in particular , shall not be processed unless ( a ) CARDINAL of the conditions in Schedule CARDINAL is met ; and ( b ) in case of sensitive personal data , CARDINAL of the conditions in Schedule CARDINAL is also met . Schedule CARDINAL contains a detailed list of conditions , and provides , inter alia , that the processing of any personal data is necessary for the administration of justice or for the exercise of any other functions of a public nature exercised in the public interest by any person ( § CARDINAL ( a ) and ( d ) ) . Schedule CARDINAL contains a more detailed list of conditions , including that the processing of sensitive personal data is necessary for the purpose of , or in connection with , any legal proceedings ( § CARDINAL ( a ) ) , or for the administration of justice ( § CARDINAL ( a ) ) , and is carried out with appropriate safeguards for the rights and freedoms of data subjects ( § CARDINAL ( b ) ) . Section CARDINAL notably provides that personal data processed for the prevention or detection of crime are exempt from the first principle except to the extent to which it requires compliance with the conditions in Schedules CARDINAL . The fifth principle stipulates that personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes .", "The Information Commissioner created pursuant to the LAW ( as amended ) has an independent duty to promote the following of good practice by data controllers and has power to make orders ( “ enforcement notices ” ) in this respect ( section CARDINAL ) . The LAW makes it a criminal offence not to comply with an enforcement notice ( section CARDINAL ) or to obtain or disclose personal data or information contained therein without the consent of the data controller ( section DATE ) . LAW affords a right to claim damages in the domestic courts in respect of contraventions of the LAW .", "A set of guidelines for the retention of fingerprint and DNA information is contained in LAW on ORG drawn up by ORG in GPE and GPE . The LAW are based on a format of restricting access to ORG ( ORG ) data , rather than the deletion of that data . They recognise that their introduction may thus have implications for the business of the non - police agencies with which the police currently share ORG data .", "The Guidelines set various degrees of access to the information contained on the ORG through a process of “ stepping down ” access . Access to information concerning persons who have not been convicted of an offence is automatically “ stepped down ” so that this information is only open to inspection by the police . Access to information about convicted persons is likewise “ stepped down ” after the expiry of certain periods of time ranging from CARDINAL thirty - five years , depending on the gravity of the offence , the age of the suspect and the sentence imposed . For certain convictions the access will never be “ stepped down ” .", "Chief police officers are the data controllers of all ORG records created by their force . They have the discretion in exceptional circumstances to authorise the deletion of any conviction , penalty notice for disorder , acquittal or arrest histories “ owned ” by them . An “ exceptional case procedure ” to assist chief police officers in relation to the exercise of this discretion is set out in DATE . It is suggested that exceptional cases are rare by definition and include those where the original arrest or sampling was unlawful or where it is established beyond doubt that no offence existed . Before deciding whether a case is exceptional , the chief police officer is instructed to seek advice from the DNA and ORG .", "Under LAW of GPE , as subsequently amended , the DNA samples and resulting profiles must be destroyed if the individual is not convicted or is granted an absolute discharge . A recent qualification provides that biological samples and profiles may be retained for DATE , if the arrestee is suspected of certain sexual or violent offences even if a person is not convicted ( section CARDINAL of LAW , adding section CARDINALA to LAW . ) . Thereafter , samples and information are required to be destroyed unless a chief constable applies to a sheriff for a DATE extension .", "The Police and Criminal Evidence Order of Northern Ireland DATE was amended in DATE in the same way as PACE applicable in GPE and GPE . The relevant provisions currently governing the retention of fingerprint and DNA data in GPE are identical to those in force in GPE and GPE ( see paragraph CARDINAL above ) .", "According to a recent report by ORG , the retention of fingerprints , DNA profiles and biological samples is generally more controversial than the taking of such bioinformation , and the retention of biological samples raises greater ethical concerns than digitised DNA profiles and fingerprints , given the differences in the level of information that could be revealed . The report referred , in particular , to the lack of satisfactory empirical evidence to justify the present practice of retaining indefinitely fingerprints , samples and DNA profiles from all those arrested for a recordable offence , irrespective of whether they were subsequently charged or convicted . The report voiced particular concerns at the policy of permanently retaining the bioinformation of minors , having regard to the requirements of the DATE LAW on the Rights of the Child .", "The report also expressed concerns at the increasing use of the DNA data for familial searching , inferring ethnicity and non - operational research . Familial searching is the process of comparing a DNA profile from a crime scene with profiles stored on the national database , and prioritising them in terms of “ closeness ” to a match . This allows possible genetic relatives of an offender to be identified . Familial searching might thus lead to revealing previously unknown or concealed genetic relationships . The report considered the use of the DNA database in searching for relatives as particularly sensitive .", "NORP The particular combination of alleles in a DNA profile can furthermore be used to assess the most likely ethnic origin of the donor . Ethnic inferring through DNA profiles is possible as the individual “ ethnic appearance ” is systematically recorded on the database : when taking biological samples , police officers routinely classify suspects into CARDINAL of CARDINAL “ ethnic appearance ” categories . Ethnicity tests on the database might thus provide inferences for use during a police investigation in order , for example , to help reduce a “ suspect pool ” and to inform police priorities . The report noted that social factors and policing practices lead to a disproportionate number of people from black and ethnic minority groups being stopped , searched and arrested by the police , and hence having their DNA profiles recorded ; it therefore voiced concerns that inferring ethnic identity from biological samples might reinforce racist views of propensity to criminality .", "ORG of DATE for the protection of individuals with regard to automatic processing of personal data ( “ the LAW ” ) , which entered into force for GPE on DATE , defines “ personal data ” as any information relating to an identified or identifiable individual ( “ data subject ” ) . The ORG provides , inter alia :", "“ Personal data undergoing automatic processing shall be", "...", "( b ) stored for specified and legitimate purposes and not used in a way incompatible with those purposes ;", "( c ) adequate , relevant and not excessive in relation to the purposes for which they are stored ;", "...", "( e ) NORP preserved in a form which permits identification of the data subjects for no longer than is required for the purpose for which those data are stored . ”", "“ Personal data revealing racial origin , political opinions or religious or other beliefs , as well as personal data concerning health or sexual life , may not be processed automatically unless domestic law provides appropriate safeguards . ... ”", "“ Appropriate security measures shall be taken for the protection of personal data stored in automated data files against accidental or unauthorised destruction or accidental loss as well as against unauthorised access , alteration or dissemination . ”", "Recommendation No . R ( CARDINAL ) CARDINAL of ORG regulating the use of personal data in the police sector ( adopted on CARDINAL DATE ) states , inter alia :", "“ CARDINAL . The collection of personal data for police purposes should be limited to such as is necessary for the prevention of a real danger or the suppression of a specific criminal offence . Any exception to this provision should be the subject of specific national legislation .", "... ”", "“ CARDINAL . As far as possible , the storage of personal data for police purposes should be limited to accurate data and to such data as are necessary to allow police bodies to perform their lawful tasks within the framework of national law and their obligations arising from international law .", "... ”", "“ CARDINAL . Measures should be taken so that personal data kept for police purposes are deleted if they are no longer necessary for the purposes for which they were stored .", "For this purpose , consideration shall in particular be given to the following criteria : the need to retain data in the light of the conclusion of an inquiry into a particular case ; a final judicial decision , in particular an acquittal ; rehabilitation ; spent convictions ; amnesties ; the age of the data subject , particular categories of data . ”", "Recommendation No . R ( CARDINAL ) CARDINAL of ORG on the use of analysis of deoxyribonucleic acid ( DNA ) within the framework of the criminal justice system ( adopted on DATE ) states , inter alia :", "“ CARDINAL . Use of samples and information derived therefrom", "Samples collected for DNA analysis and the information derived from such analysis for the purpose of the investigation and prosecution of criminal offences must not be used for other purposes . ...", "...", "Samples taken for DNA analysis and the information so derived may be needed for research and statistical purposes . Such uses are acceptable provided the identity of the individual can not be ascertained . Names or other identifying references must therefore be removed prior to their use for these purposes .", "Taking of samples for DNA analysis", "The taking of samples for DNA analysis should only be carried out in circumstances determined by the domestic law ; it being understood that in some states this may necessitate specific authorisation from a judicial authority .", "...", "Storage of samples and data", "Samples or other body tissue taken from individuals for DNA analysis should not be kept after the rendering of the final decision in the case for which they were used , unless it is necessary for purposes directly linked to those for which they were collected .", "Measures should be taken to ensure that the results of DNA analysis are deleted when it is no longer necessary to keep it for the purposes for which it was used . The results of DNA analysis and the information so derived may , however , be retained where the individual concerned has been convicted of serious offences against the life , integrity or security of persons . In such cases strict storage periods should be defined by domestic law .", "Samples and other body tissues , or the information derived from them , may be stored for longer periods", "– when the person so requests ; or", "– when the sample can not be attributed to an individual , for example when it is found at the scene of an offence .", "Where the security of the state is involved , the domestic law of the member ORG may permit retention of the samples , the results of DNA analysis and the information so derived even though the individual concerned has not been charged or convicted of an offence . In such cases strict storage periods should be defined by domestic law .", "... ”", "The Explanatory Memorandum to the ORG stated , as regards item CARDINAL :", "“ CARDINAL . The working party was well aware that the drafting of recommendation CARDINAL was a delicate matter , involving different protected interests of a very difficult nature . It was necessary to strike the right balance between these interests . Both LAW and LAW provide exceptions for the interests of the suppression of criminal offences and the protection of the rights and freedoms of third parties . However , the exceptions are only allowed to the extent that they are compatible with what is necessary in a NORP society .", "...", "Since the primary aim of the collection of samples and the carrying out of DNA analysis on such samples is the identification of offenders and the exoneration of suspected offenders , the data should be deleted once persons have been cleared of suspicion . The issue then arises as to how long the DNA findings and the samples on which they were based can be stored in the case of a finding of guilt .", "The general rule should be that the data are deleted when they are no longer necessary for the purposes for which they were collected and used . This would in general be the case when a final decision has been rendered as to the culpability of the offender . By ‘ final LOC the ORG [ ORG ] thought that this would normally , under domestic law , refer to a judicial decision . However , the working party recognised that there was a need to set up databases in certain cases and for specific categories of offences which could be considered to constitute circumstances warranting another solution , because of the seriousness of the offences . The working party came to this conclusion after a thorough analysis of the relevant provisions in ORG , LAW and other legal instruments drafted within the framework of ORG . In addition , the working party took into consideration that all member States keep a criminal record and that such record may be used for the purposes of the criminal justice system ... It took into account that such an exception would be permissible under certain strict conditions :", "– when there has been a conviction ;", "– when the conviction concerns a serious criminal offence against the life , integrity and security of a person ;", "– the storage period is limited strictly ;", "– the storage is defined and regulated by law ;", "– the storage is subject to control by ORG or an independent supervisory body . ”", "According to the information provided by the parties or otherwise available to the ORG , a majority of ORG member GPE allow the compulsory taking of fingerprints and cellular samples in the context of criminal proceedings . CARDINAL member GPE make provision for the taking of DNA information and storing it on national databases or in other forms ( GPE , GPE , GPE , GPE , GPE , GPE , GPE , GPE , GPE , GPE , GPE , GPE , GPE , GPE , the GPE , GPE , GPE , GPE , GPE and GPE ) . This number is steadily increasing .", "In most of these countries ( including GPE , GPE , GPE , GPE , GPE , GPE , GPE , GPE , GPE , the GPE , GPE , GPE , GPE and GPE ) , the taking of DNA information in the context of criminal proceedings is not systematic but limited to some specific circumstances and/or to more serious crimes , notably those punishable by certain terms of imprisonment .", "GPE is the only member ORG expressly to permit the systematic and indefinite retention of DNA profiles and cellular samples of persons who have been acquitted or in respect of whom criminal proceedings have been discontinued . MONEY ( GPE , GPE , GPE , GPE and GPE ) require such information to be destroyed ex officio upon acquittal or the discontinuance of the criminal proceedings . CARDINAL other member GPE apply the same general rule with certain very limited exceptions : GPE , GPE and the GPE allow such information to be retained where suspicions remain about the person or if further investigations are needed in a separate case ; GPE permits its retention where there is a risk that the suspect will commit a dangerous offence and GPE does likewise in relation to certain serious crimes ; GPE and GPE allow the retention of profiles if the defendant is acquitted for lack of criminal accountability ; GPE and GPE allow retention for DATE respectively in the event of an acquittal and GPE for DATE when proceedings have been discontinued . In GPE , DNA profiles can be retained for DATE after an acquittal or discharge ; during this period the public prosecutor may order their earlier deletion , either on his or her own motion or upon request , if their retention has ceased to be required for the purposes of identification in connection with a criminal investigation . GPE and GPE also appear to allow the retention of DNA profiles of suspects for certain periods after acquittal .", "The retention of DNA profiles of convicted persons is allowed , as a general rule , for limited periods of time after the conviction or after the convicted person ’s death . GPE thus also appears to be the only member ORG expressly to allow the systematic and indefinite retention of both profiles and samples of convicted persons .", "Complaint mechanisms before data - protection monitoring bodies and/or before courts are available in most of the member GPE with regard to decisions to take cellular samples or retain samples or DNA profiles .", "Directive CARDINAL of DATE on the protection of individuals with regard to the processing of personal data and on the free movement of such data provides that the object of national laws on the processing of personal data is notably to protect the right to privacy as recognised both in LAW and in the general principles of Community law . The Directive sets out a number of principles in order to give substance to and amplify those contained in LAW . It allows member GPE to adopt legislative measures to restrict the scope of certain obligations and rights provided for in the Directive when such a restriction constitutes notably a necessary measure for the prevention , investigation , detection and prosecution of criminal offences ( LAW ) .", "The Prüm Convention on the stepping up of cross - border cooperation , particularly in combating terrorism , cross - border crime and illegal migration , which was signed by several member States of ORG on DATE , sets out rules for the supply of fingerprinting and DNA data to other Contracting Parties and their automated checking against their relevant databases . The ORG provides , inter alia :", "“ CARDINAL . ... ORG administering the file may process the data supplied ... solely where this is necessary for the purposes of comparison , providing automated replies to searches or recording ... The supplied data shall be deleted immediately following data comparison or automated replies to searches unless further processing is necessary for the purposes mentioned ... above . ”", "Article CARDINAL guarantees a level of protection of personal data at least equal to that resulting from ORG and requires the Contracting Parties to take into account Recommendation No . R ( CARDINAL ) CARDINAL of ORG .", "The ORG framework decision of DATE on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters states , inter alia :", "“ Establishment of time - limits for erasure and review", "Appropriate time - limits shall be established for the erasure of personal data or for a periodic review of the need for the storage of the data . Procedural measures shall ensure that these time - limits are observed . ”", "In the case of NORP v. PERSON [ [ DATE ] CARDINAL SCR DATE SCC CARDINAL ] ORG considered the issue of retaining a juvenile first - time offender ’s DNA sample on the national database . The court upheld the decision by a trial judge who had found , in the light of the principles and objects of youth criminal justice legislation , that the impact of the DNA retention would be grossly disproportionate . In his opinion , PERSON observed :", "“ Of more concern , however , is the impact of an order on an individual ’s informational privacy interests . In NORP v. Plant , [ DATE ] CARDINAL S.C.R. CARDINAL , at p. CARDINAL , the ORG found that section CARDINAL of the LAW protected the ‘ biographical core of personal information which individuals in a free and democratic society would wish to maintain and control from dissemination to the ORG . An individual ’s DNA contains the ‘ highest level of personal and private information’ : S.A.B. , at paragraph CARDINAL . Unlike a fingerprint , it is capable of revealing the most intimate details of a person ’s biological make - up . ... The taking and retention of a DNA sample is not a trivial matter and , absent a compelling public interest , would inherently constitute a grave intrusion on the subject ’s right to personal and informational privacy . ”", "Article CARDINAL of LAW on the Rights of the Child of DATE states the right of every child alleged as , accused of , or recognised as having infringed the penal law to be treated in a manner consistent with the promotion of the child ’s sense of dignity and worth , which reinforces the child ’s respect for the human rights and fundamental freedoms of others and which takes into account the child ’s age and the desirability of promoting the child ’s reintegration and the child ’s assuming a constructive role in society .", "ORG ( “ Liberty ” ) submitted case - law and scientific material highlighting , inter alia , the highly sensitive nature of cellular samples and DNA profiles and the impact on private life arising from their retention by the authorities .", "Privacy International referred to certain core data - protection rules and principles developed by ORG and insisted on their high relevance for the interpretation of the proportionality requirement enshrined in LAW . It emphasised , in particular , the “ strict periods ” recommended by Recommendation No . R ( CARDINAL ) CARDINAL of ORG for the storage of cellular samples and DNA profiles . It further pointed out a disproportionate representation on ORG of certain groups of the population , notably youth , and the unfairness that that situation might create . The use of data for familial testing and additional research purposes was also of concern . ORG also provided a summary of comparative data on the law and practice of different countries with regard to DNA storage and stressed the numerous restrictions and safeguards which existed in that respect ." ]

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[ "The applicant , Mr PERSON , is a NORP national who was born in DATE and lives in GPE .", "The applicant is a retired military serviceman entitled to a pension allowance . He questioned the accuracy of the method employed for calculation of his pension .", "On DATE the applicant brought a civil action against his former employer , a local commissariat of ORG of GPE , claiming recalculation of his pension from DATE . He insisted on employing a particular method of recalculation .", "On DATE the ORG of GPE granted his claims in part and ordered the recalculation of the pension for the period DATE and DATE . In particular , the court ordered an increase in the amount due and the payment of the arrears . The method employed for the recalculation differed from the CARDINAL sought by the applicant , which provided for a more significant increase .", "On DATE the applicant appealed against the judgment claiming that the first - instance court had wrongfully applied domestic law .", "On DATE ORG dismissed the appeal and upheld the first - instance judgment in full ." ]

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[ "The applicant was born in DATE and lives in the town of GPE , GPE .", "Prior to DATE the legal representation of defendants in criminal proceedings could be conducted only by a licensed advocate . The advocate ’s rights and obligations , and the required standards of professional competence and conduct were set forth in a separate ORG ( see paragraphs CARDINAL below ) . Other persons , including those holding a university law degree , were excluded from providing legal representation in criminal cases .", "On DATE ORG found the relevant provisions of LAW unconstitutional and the parliament introduced relevant amendments to the LAW in DATE ( see paragraphs DATE and CARDINAL below ) .", "On DATE the applicant was involved in a traffic accident , in which his car collided with another car . On DATE , criminal proceedings concerning the accident were instituted against the applicant .", "On DATE the applicant signed an agreement with Mr M. for legal representation in the above - mentioned criminal proceedings . The latter was a lawyer , who held a university degree in law and who had a private legal practice , but who was not a licensed advocate .", "On DATE the investigator allowed PERSON to act as defence counsel .", "On DATE ORG ( “ the Dimitrov Court ” ) held a committal hearing in the case and decided to remit the case for additional investigation on the grounds that the applicant ’s right to mount a defence had been breached during the pre - trial investigation . The court noted that , in accordance with LAW , the right to provide legal assistance is conferred upon advocates and other legal specialists ( the term used to describe degree - educated practicing lawyers who have not been called to the Bar ) , but the right of the latter to act as defence counsel required to be defined by a specific piece of legislation . As there was no such law authorising a legal specialist with a private practice , such as Mr M. , to provide legal assistance in criminal matters , the decision of the investigator to allow such a specialist to take part in the case had been unlawful and therefore the applicant ’s right to mount a defence had been violated . The court ordered additional investigation with the participation of an advocate .", "On DATE the applicant appealed against the decision of CARDINAL DATE , claiming that limiting his right to a free choice of defence counsel was contrary to the LAW and the decision of ORG of DATE ( see paragraph CARDINAL below ) .", "On DATE the court rejected his appeal .", "On DATE the investigator decided to allow Mr O. , who was a licensed advocate , to take part in the criminal case as the applicant ’s defence counsel .", "On DATE the applicant appealed in cassation against the decisions of CARDINAL DATE and DATE .", "NORP By letter of CARDINAL DATE , in reply to a request by the applicant that criminal proceedings be instituted against the relevant judge of ORG for alleged deliberate failure to comply with the decision of ORG concerning the right to a free choice of defence counsel , ORG informed the applicant that the court had rightly decided to remove PERSON from the applicant ’s case because he was not a licensed advocate .", "On CARDINAL DATE the applicant asked ORG to remit his case for further investigation on the grounds that his right to mount a defence had been violated .", "On DATE the court rejected his request . The court established that the applicant ’s right to mount a defence had been complied with as a result of the participation of Mr O. in the additional investigation .", "On DATE the applicant notified the court that Mr O. was not his defence counsel and that he had seen him only once , in DATE , when he had pointed out to the investigator that he needed defence counsel but did not wish to be represented by Mr O. because he had not been freely chosen by him . Therefore , he contested the court ’s conclusion that his right to mount a defence had been complied with .", "On DATE ORG rejected his appeal on the grounds that decisions as to the remittal of a criminal case were not subject to appeal in cassation .", "On DATE ORG rejected a request by the applicant that Mr M. be allowed to represent him as his defence counsel because the law did not provide that a private practice lawyer could act as defence counsel in a criminal case . At the same time , the court accepted the refusal by the applicant to have PERSON O. appointed as his defence counsel .", "In DATE the same court returned the applicant ’s appeal against the decision of DATE without consideration on the grounds that the contested decision was not subject to a separate appeal .", "By a decision of DATE , following another request by the applicant to institute criminal proceedings against the judge of ORG for alleged failure to comply with the decision of ORG , ORG again refused to institute criminal proceedings .", "On DATE ORG rejected an appeal by the applicant against the prosecutor ’s decision of DATE . The decision of CARDINAL DATE was upheld by ORG on DATE .", "During a court hearing on CARDINAL DATE ORG examined a request from the applicant asking it to accept his dismissal of a lawyer , PERSON , who had been appointed by the court to represent him after the decision of DATE , and to appoint his wife as his representative . The court allowed his request in part . It allowed the applicant ’s wife to be his defence counsel but rejected the applicant ’s dismissal of PERSON on the grounds that the applicant had complained on numerous occasions about a violation of his right to mount a defence and therefore determined that he should be legally represented .", "On DATE the applicant wrote a letter dismissing PERSON claimed that the appointed advocates , PERSON and PERSON , had only formally represented him and had not properly defended him . He noted , however , that he did need defence counsel , although not a formally admitted one .", "On DATE the court rejected the applicant ’s dismissal letter , stating that he had claimed that he needed defence counsel .", "On DATE the court rejected the applicant ’s request to remit the case for additional investigation . It also rejected the applicant ’s dismissal of PERSON and the applicant ’s request asking that PERSON be allowed to take part in the case again .", "On DATE the applicant was found guilty of a breach of traffic rules which had caused medium bodily injury and sentenced to CARDINAL years’ restraint of liberty ( обмеження волі ) . However , he was discharged from serving his sentence owing to the expiry of the statutory time - limit for the prosecution . He was also ordered to pay compensation for pecuniary and non - pecuniary damage caused to the victims .", "The applicant appealed against that judgment , claiming , inter alia , that his right to a free choice of defence counsel had been violated .", "On DATE ORG upheld the judgment of DATE in part . The court noted that there had been no procedural violations that would require the judgment to be quashed . At the same time , the quantum of damages had not been substantiated and therefore the court remitted this part of the case for fresh consideration in separate civil proceedings .", "The applicant appealed in cassation to ORG , claiming , inter alia , that his right to a free choice of defence counsel had been violated .", "On DATE ORG upheld the decision of ORG . In reply to the applicant ’s complaint of a violation of his right to mount a defence , the court noted :", "“ It is not worth paying attention to the arguments [ submitted in ] the cassation appeal by the convict that his right to mount a defence was violated , because , in rejecting the request of the convict , the court reasonably noted that , in accordance with LAW , only a person who is the bearer of an advocate ’s licence for practice in GPE is allowed to act as defence counsel and PERSON is not the bearer of such a licence . ”", "By a judgment of CARDINAL DATE of ORG , the applicant was ordered to pay compensation to the victims of the traffic accident for pecuniary and non - pecuniary damage caused to them .", "On DATE and DATE respectively ORG and ORG upheld the judgment of DATE .", "Relevant provisions of the LAW read as follows :", "“ Human and ORG rights and freedoms affirmed by LAW are not exhaustive .", "Constitutional rights and freedoms are guaranteed and shall not be abolished .", "The content and scope of existing rights and freedoms shall not be diminished in the adoption of new laws or in the amendment of laws that are in force . ”", "“ Everyone has the right to legal assistance . Such assistance is provided free of charge in cases envisaged by law . Everyone is free to choose his or her own defence counsel .", "In GPE , advocacy acts to ensure the right to mount a defence against an accusation and to provide legal assistance during the determination of cases by the courts and other ORG bodies . ”", "“ ... A suspect , an accused or a defendant has the right to mount a defence ... ”", "“ The following are determined exclusively by the laws of GPE :", "( CARDINAL ) NORP human and ORG rights and freedoms , the guarantees of these rights and freedoms ; the main duties of a citizen ...", "( CARDINAL ) the judicial system , judicial proceedings , the status of judges , the principle of judicial expertise , the organisation and operation of the prosecution service , bodies of inquiry and investigation , the [ status of ] notaries , bodies and institutions [ pertaining to ] the execution of punishments , the fundamentals of the organisation and activities of the Bar ... ”", "In this case , ORG decided that :", "“ CARDINAL . The provisions of LAW , that \" everyone is free to choose his or her own defence counsel ” , in terms of the constitutional application of citizen G.I. S. shall be understood as the constitutional right of a suspect , an accused or a defendant in their defence from an accusation ... in order to obtain legal aid , to choose , as his or her defence counsel , anyone who is a legal specialist and who is entitled by law to provide legal assistance [ on his or her own account ] or on behalf of a legal person .", "NORP The provisions of part CARDINAL of LAW that \" in GPE , advocacy acts to ensure the right to mount a defence against an accusation ... \" shall be understood as CARDINAL of the constitutional guarantees , giving a suspect , an accused or a defendant the opportunity to exercise his or her right to freely choose , as defence counsel in criminal proceedings , an advocate , that is , a person who has the right to provide advocacy .", "The following shall be considered not to be in conformity with LAW ( unconstitutional ) :", "- a provision of part CARDINAL of LAW which limits the right for a suspect , an accused or a defendant to freely choose as his or her own defence counsel , apart from an advocate , another legal specialist , who , in accordance with the law , is entitled to provide legal assistance [ as a sole practitioner ] or on behalf of a legal person ;", "...", "The provisions of part CARDINAL of LAW ... deemed to be unconstitutional , lose their force from DATE that this decision by ORG has been rendered .", "Relevant provisions of the LAW read as follows :", "“ Defence counsel is the person who , in accordance with the procedure prescribed by law , shall be authorised to protect the rights and legitimate interests of a suspect , an accused , a defendant , a convict or an acquitted person , and to provide them with necessary legal assistance in criminal proceedings .", "Persons bearing a licence to exercise the right of advocacy in GPE and other legal specialists , who are entitled by law to provide legal assistance [ as a sole practitioner ] or on behalf of a legal person shall be allowed to act as defence counsel ...", "The powers of defence counsel to participate in a case shall be confirmed :", "...", "( CARDINAL ) for an advocate who is not a member of ORG by an agreement , for other legal specialists who are entitled by law to provide legal assistance [ as a sole practitioner ] or on behalf of a legal person by an agreement or by the authority of the legal person ... ”", "Section CARDINAL of the LAW provides that , in addition to having a university degree in law , an advocate must pass special qualification exams , obtain an advocate ’s licence and be sworn in as an advocate of GPE .", "Sections CARDINAL and CARDINAL set forth the professional rights and obligations of the lawyer , including those in respect of evidence gathering and restrictions on representation .", "Section CARDINAL of the Act sets out the provisions for advocate - client confidentiality and section CARDINAL sets forth the privileges enjoyed by the advocate in carrying out his professional activities , including the prohibition on the search and seizure of the advocate ’s professional papers without his consent and the special procedure for instituting criminal proceedings against him .", "Section CARDINAL of the LAW provides for special qualifications and disciplinary boards that assess the professional competence of advocates and deal with any disciplinary matters in the event of a breach of the requirements of the LAW or other relevant legislation .", "The relevant extracts from the ORG of ORG read as follows :", "“ In order to ensure the correct and uniformed application by the courts of the legislation that ensures the right of a suspect , an accused , a defendant , a convict or an acquitted person to mount a defence , ORG decides :", "The powers of defence counsel to participate in the case should be confirmed : ...", "( c ) for any other legal specialist , who , in accordance with the law , is entitled to provide legal assistance [ as a sole practitioner ] or on behalf of a legal person DATE by the documents specified in the specific legislation which confers on these persons the right to participate in criminal proceedings as defence counsel , as well as by a contract or through the authority of the legal person ;", "...", "In deciding whether a legal specialist has the authority to conduct the defence in a criminal case , it should also be established by exactly what law the right to participate in criminal proceedings as defence counsel was conferred on him or her . This should be recognised as the proper practice of the courts , which , in the absence of a specific piece of legislation , do not allow such specialists to conduct the defence in criminal cases ... ”" ]

[ "6" ]

[ "6-1" ]

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[ "The applicants , Mr PERSON , Mr PERSON , Mr PERSON and Mr PERSON O’Connell , are GPE nationals , who were born in DATE , DATE , DATE and DATE respectively and are currently detained or live in FAC PERSON Yarm , FAC The GPE , GPE ( GPE ) and ORG ( GPE ) , respectively . They are represented before the ORG by Mr PERSON ( GPE and PERSON ) and PERSON PERSON ( GPE and O’Connell ) , solicitors practising in GPE .", "The facts of the case , as submitted by the applicants , may be summarised as follows .", "The applicants are former police officers in the detective branch of ORG in GPE , who were convicted of offences of corruption committed in the course of their police work . PERSON and PERSON were tried together along with CARDINAL other police officers and GPE and O’Connell were tried together along with CARDINAL other police officer .", "The convictions of PERSON and PERSON relied , inter alia , on the evidence of CARDINAL witnesses who were also involved in the events at issue and charged with related offences . The first witness , PERSON , was a former police informant who was in prison for drug offences and the second , ORG , was a police officer who had worked with the applicants . The convictions of ORG and O’Connell depended essentially on the evidence given by ORG .", "In DATE , PERSON was removed from prison by officers of ORG under the authority of an order under LAW DATE . While held in police custody over a period of DATE , she made detailed allegations of crimes allegedly committed by her with various police officers including PERSON and PERSON . She was detained in various police stations but was removed for the purposes of entertainment , shopping trips , welfare visits etc .", "In DATE , ORG home was searched and he subsequently admitted CARDINAL acts of corruption in which he said he had engaged with other police officers including PERSON and PERSON . ORG was charged with these offences and remanded in custody but subsequently removed from prison and detained in police stations on the same basis as PERSON . While in detention , he admitted participation in further offences , also implicating PERSON , PERSON and others . He was periodically brought back before ORG and remanded in custody . He was also removed from the police station for social and welfare visits , entertainment and on CARDINAL occasion to test drive a sports car .", "Both witnesses recorded , in letters or a diary , that they were threatened by the police as to the very serious consequences of failing to reveal crimes . During the detention of the CARDINAL witnesses , some conversations were tape - recorded and under formal caution while others were not under caution and/or were not recorded in notes .", "In DATE , the CARDINAL witnesses were charged with the criminal offences they had admitted over DATE of detention and were taken to court . On DATE , PERSON and ORG pleaded guilty to various offences and sentence was postponed at the request of the prosecution .", "In DATE , PERSON and PERSON were arrested and charged and committed for trial in DATE .", "On DATE , the trial of PERSON and PERSON began . Despite the submissions of the applicants to the contrary , the trial judge , Mr Justice PERSON , decided that the CARDINAL witnesses should be sentenced at the end of PERSON and PERSON ’s trial on the basis that he would then be in a better position to assess the relevance of the evidence to any particular defendant .", "On DATE , PERSON was called as a witness and stated that she did not wish to give evidence since she had believed that the hearing would be in camera . On DATE , the judge made several orders restricting the disclosure of certain information relating to PERSON .", "On DATE , following the receipt of a letter from PERSON requesting that her evidence be heard in camera , the judge ruled that parts of PERSON ’s evidence would be heard in camera . On DATE , ORG overturned the ruling of the trial judge and held that PERSON ’s evidence should not be heard in camera . PERSON subsequently declined to give evidence unless the questioning was limited .", "On DATE , the jury were discharged after the judge was told in open court and counsel of the defence were assured privately by the prosecution that PERSON would not be called as a witness in a retrial . Counsel for the prosecution stated to the court that :", "“ Publicity relating to the evidence that she has given would potentially prejudice such a re - trial because she [ Fleckney ] would not be a witness in any circumstances . ” ( emphasis added )", "On DATE , at a hearing prior to the commencement of the second trial , the prosecution informed the court that PERSON had reconsidered and was willing to give evidence , and that they intended to call her as a witness . Counsel for PERSON and PERSON argued that it was unfair to admit PERSON ’s evidence since they had relied on the undertaking given by the prosecution and the evidence should be excluded under section CARDINAL of ORG . Alternatively , counsel argued that the court should only allow PERSON to be called after a voir dire , asking her for an explanation for her change of position since the defence believed that inducement by the prosecution had caused this volte face . The judge refused the request for a voir dire and ruled that it would not render the trial unfair or constitute an abuse of process for PERSON to be called as a witness and permitted the prosecution to call her . This decision was made on the grounds , inter alia , that the undertaking given by the prosecution was not that there would be no trial as in previous cases where an abuse of process was found and that the evidence of PERSON was capable of being relevant , admissible and probative .", "On DATE , counsel for PERSON renewed the application to exclude PERSON ’s evidence and pointed to a statement from PERSON submitted on CARDINAL DATE to the effect that if he had been aware that PERSON might be called at a retrial , he would have decided to continue with the original trial . The judge stated that all these points had been covered in the ruling on DATE and it was not appropriate for him to re - open the matter in the absence of reference to some authority which indicated that ruling to be wrong .", "At the close of the prosecution case , counsel for PERSON and PERSON applied to stay the proceedings on the grounds of abuse of process , inter alia , on the basis of section CARDINAL of ORG “ PACE DATE ” ) due to the manner of the detention and the interrogation of PERSON and GPE . On DATE , the trial judge ruled that the relevant part of PACE DATE did not apply to PERSON and GPE since they had both already been remanded in custody by a court . Applying the common law test ( which he believed was identical to that in PACE ) , the judge ruled that the admission of their evidence would not have such an adverse effect on the fairness of the proceedings that he ought not to admit it .", "On DATE , PERSON was convicted of CARDINAL counts of conspiracy to supply Class B drugs and CARDINAL counts of perverting the course of public justice . He was acquitted of CARDINAL other counts . On DATE , PERSON was convicted of CARDINAL count of conspiracy to supply Class B drugs and CARDINAL counts of perverting the course of public justice . He was acquitted of CARDINAL other counts .", "On DATE , PERSON and PERSON , and PERSON and ORG sentenced . PERSON was sentenced to CARDINAL years’ imprisonment and PERSON was sentenced to DATE . PERSON was convicted of CARDINAL offences and sentenced to DATE ordered to run concurrently with her existing sentence of DATE . PERSON was convicted of CARDINAL offences and sentenced to DATE and QUANTITY months’ imprisonment after the deduction of CARDINAL of the sentence for his guilty plea and a further CARDINAL for his assistance to the prosecution in the cases of PERSON and GPE .", "The prosecution case against ORG and O’Connell rested principally on ORG evidence and at the start of the trial , counsel for each of the applicants applied to the judge to exclude the evidence of ORG and/or to stay the proceedings for abuse of process . The trial judge , Judge PERSON , dismissed these applications on the grounds that PACE DATE did not apply and that insofar as there were any breaches of the code of practice which was applicable under the Criminal Procedure and Investigations Act DATE ( “ CPIA Code DATE ” ) in the interrogation of GPE , they went to the weight and reliability of ORG evidence rather than its admissibility .", "On DATE , ORG was convicted of conspiracy to supply a Class B controlled drug and O’Connell was convicted of doing an act tending and intended to pervert the course of public justice . They were each sentenced to DATE and CARDINAL months’ imprisonment .", "PERSON and GPE both appealed , inter alia , on the grounds that it was an abuse of process for the Crown to call PERSON as a witness in light of the undertaking given at the aborted first trial and that the judge should have allowed a voir dire regarding PERSON ’s change of position . The second ground was that the evidence of PERSON and PERSON was obtained as a result of wrongful detention , inducement , oppression and contraventions of PACE , which together amounted to an abuse of process which should have led the judge to exclude such evidence . ORG and O’Connell both appealed , inter alia , on the grounds that the trial judge erred in failing to exclude the evidence of ORG under section CARDINAL of PACE DATE and that the judge should have stayed the proceedings as an abuse of process for the breaches of the CPIA Code CARDINAL .", "On DATE , ORG dismissed the appeals of all of the applicants against conviction but allowed the appeals of PERSON and PERSON against sentence , reducing their sentences by DATE and DATE respectively . In respect of the claim regarding breach of the prosecution ’s undertaking , ORG held that there was no abuse of process on the grounds , inter alia , that the prosecution ’s undertaking was made in good faith , the reversal of position was due to a sudden change in circumstance and the defence did not suffer real prejudice or irremediable disadvantage by PERSON being called . The court stated that even if the applicants had believed that PERSON might be called at the retrial , the judge would not have granted a request to continue with the original trial . Further , a voir dire to discern the reason for PERSON ’s change of position was unnecessary and would have usurped the function of the jury . With regard to the argument that the evidence of PERSON and GPE should be excluded on the grounds of abuse of process , the prosecution conceded that there may have been breaches of LAW and the codes of practice which were applicable under PACE DATE due to the failure of the police to record all the interviews with PERSON and GPE . However , the court held that the police acted in good faith and did not deliberately circumvent the rules in a manner which would make it an affront to the public conscience for the prosecution to proceed . The court stated that the witnesses and their legal representatives consented to the procedure adopted and that the irregularities conceded by the prosecution did not amount to an abuse of process .", "On DATE , ORG refused the petitions of GPE , PERSON and GPE for leave to appeal .", "Section CARDINAL(CARDINAL ) of the Police and Criminal Evidence Act ( PACE ) DATE provides that :", "“ In any proceedings the court may refuse to allow evidence on which the prosecution proposes to rely to be given if it appears to the court that , having regard to all the circumstances , including the circumstances in which the evidence was obtained , the admission of the evidence would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it . ”", "It is possible to stay criminal proceedings on the grounds of abuse of process . In NORP v. PERSON ORG ex parte PERSON [ DATE ] CARDINAL Cr . App . PERSON , ORG stated that it is for the judge in the exercise of his discretion to decide whether there has been an abuse of process , which amounts to an affront to the public conscience and requires the criminal proceedings to be stayed .", "In the case of NORP v. GPE [ DATE ] CARDINAL Cr . App . PERSON , ORG found that where an indication had been given coram judice ( in the presence of the judge ) that the prosecution would not proceed with the case and subsequently went back on its undertaking , the proceedings should have been stayed for abuse of process since to allow such practices would bring the administration of justice into disrepute . In the present case , ORG distinguished GPE on the grounds that there , the question was whether or not the prosecution ’s breach of undertaking rendered it an abuse of process for proceedings to be brought at all whereas here , the issue was whether it was an abuse of process for the trial to proceed with , rather than without , PERSON ’s evidence due to the prosecution ’s indication that she would not be called .", "In the present case , ORG applied a CARDINAL - prong test to the question of whether it was an abuse of process for PERSON to be called contrary to the prosecution ’s previous indication :", "( CARDINAL ) What were the nature and circumstances of the indication ?", "( CARDINAL ) What was the reason for the indication ; was it given bona fide and without intention to mislead the defence ?", "( CARDINAL ) What was the explanation for the change of position ?", "( CARDINAL ) Did the undertaking result in substantial detriment or irremediable prejudice to the defence or otherwise render a fair trial impossible ?", "Regarding the holding of a voir dire on possible abuse issues , the decision as to whether this is necessary or appropriate is a matter for the discretion of the judge . A number of cases , cited by ORG , state that it is generally undesirable for a judge to hold a voir dire to decide an issue as to whether evidence is fabricated as it usurps the function of the jury ( e.g. R v. PERSON [ DATE ] CARDINAL Cr . App . CARDINAL ) .", "Section CARDINAL of ORG DATE gives effect to Schedule CARDINAL of the Act , which provides inter alia that :", "“ CARDINAL(CARDINAL ) If the Secretary of ORG is satisfied , in the case of –", "( a ) a person remanded in custody in any part of GPE in connection with an offence ;", "( b ) a person serving a sentence of imprisonment in any part of GPE ; or", "( c ) a person not falling within paragraph ( a ) or ( b ) above who is detained in a prison in any part of GPE ,", "that the attendance of that person at any place in that or any other part of GPE or in any of GPE is desirable in the interests of justice or for the purposes of any public inquiry , the Secretary of ORG may direct that person to be taken to that place . ”", "This provision of LAW replaced section CARDINAL of LAW DATE .", "Part IV of PACE DATE governs the conditions of police detention but according to section CARDINAL ) , a person is considered to be in police detention if :", "“ ( a ) he has been taken to a police station after being arrested for an offence ...", "( b ) he is arrested at a police station after attending voluntarily at the station or accompanying a constable to it . ”", "This definition does not cover serving prisoners ( PERSON ) or those remanded in custody ( ORG and thus , the PACE safeguards did not apply . Certain parts of LAW ” and all of LAW on ORG with Suspects ” issued under sections CARDINAL and CARDINAL of PACE appear to apply to all persons in police detention . Further , LAW under the ORG DATE applies to all criminal investigations conducted by police officers and section CARDINAL requires the recording of all material relevant to the investigation ." ]

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[ "The applicants were born in DATE and DATE and live in NORP and GPE respectively .", "On DATE PERSON , a student at FAC in Bolu ( “ the university ” ) , was killed in an attack . Thereafter , on DATE of every subsequent year students at the university have held a meeting to mark the anniversary of the killing .", "On DATE ORG upheld the judgment of the first - instance court in respect of the applicants .", "The applicants asked the prosecutor at ORG to apply to that court for rectification of the decision of DATE . In their letter to the prosecutor the applicants also pointed out that none of the injured gendarmes had accused them of inflicting their injuries .", "The prosecutor accepted the ORG request and on DATE applied to ORG president for rectification of the decision . In his application the prosecutor noted that none of the injured gendarmes had named the applicants as the persons responsible for their injuries . The prosecutor referred to LAW and argued that university grounds could not be regarded as public places within the meaning of PERSON no . CARDINAL and that the applicants’ and their fellow GPE actions could not therefore be regarded to be in breach of that PERSON . The students’ failure to hold their meeting in a place other than the one for which permission had been granted could only be regarded as a disciplinary issue and dealt with by the university administration and not by courts of law .", "The prosecutor also noted that the disturbance in the demonstration had been caused by the gendarmes’ intervention . Moreover , the reports drawn up by the gendarmes who had taken part in the operation ( see paragraph CARDINAL above ) had not made any mention of physical resistance by the students . The trial court had not examined the video footage and had not asked the injured gendarmes to identify the persons responsible for their injuries . As such , the trial court ’s decision to convict the applicants under section QUANTITY of the Law no . CARDINAL had not been in accordance with applicable law and procedure .", "NORP In its decision of DATE the Grand Chamber of ORG observed that the transcripts of one of the hearings held by the trial court did not bear the signature of the court ’s clerk , and quashed the decision convicting the applicants . It deemed it unnecessary to examine the points raised by the prosecutor .", "A retrial began before the trial court , which rendered its decision on CARDINAL DATE . Having examined the video footage , the trial court observed that TIME had elapsed between the beginning of the gathering and its dispersal by the gendarmes . It also noted that neither the applicants nor any of the other participants in the demonstration had used force against the gendarmes . Nevertheless , the trial court considered that the applicants and the other students had taken part in an unauthorised meeting and had thus acted in breach of section QUANTITY no . CARDINAL . According to the trial court , the gathering had been unlawful because it had not been organised in the canteen but rather had taken place outside . The applicants were sentenced to DATE and CARDINAL months’ imprisonment , but the sentence was suspended .", "The applicants appealed . The appeal proceedings are still pending before ORG .", "In the meantime , on account of his participation in the demonstration , on DATE the university imposed a disciplinary sanction on the first applicant PERSON , and expelled him from the university for DATE . As the university ’s decision was not quashed by the administrative courts until DATE , the decision was enforced and the applicant ’s graduation from the university was thus delayed for DATE .", "Also in the meantime , the first applicant completed his studies and started working as a teacher . Nevertheless , on DATE ORG dismissed him from his post on account of his attendance at the demonstration . He was reinstated in his post in DATE , following the quashing of his conviction by ORG ( see paragraph CARDINAL above ) .", "At the material time section CARDINAL of the Meetings and Demonstration Marches Act ( Law no . CARDINAL ) was worded as follows :", "“ In order for a meeting to take place , the governor ’s office or authorities of the district in which the demonstration is planned must be informed , during TIME and CARDINAL prior to the meeting , by a notice containing the signature of all the members of the organising board ... ”", "Section CARDINAL of the same Act prohibits demonstrations and processions on public streets , in parks , places of worship and buildings in which public services are based . Demonstrations organised in public squares must comply with security instructions and not disrupt ORG movement or public transport . Finally , section CARDINAL provides that demonstrations and processions which do not comply with the provisions of this law will be dispersed by force on the order of the governor ’s office and after the demonstrators have been warned .", "Section CARDINAL of the LAW , in so far as relevant , provided as follows :", "“ CARDINAL . Unarmed persons taking part in an unlawful meeting or procession who , instead of dispersing of their own motion after having been warned or ordered to do so and who thus have to be forcefully dispersed by government forces , are liable to be sentenced to a term of imprisonment of DATE .", "...", "Unless their action breaches another criminal law provision which stipulates a more severe punishment , persons who resort to violence or making threats while being dispersed , or who resist the attempts to disperse them , are liable to be sentenced to a term of imprisonment of DATE .", "... ”" ]

[ "11" ]

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[ "The applicant was born in DATE in GPE . He is of NORP ethnicity . Currently he lives in a centre for asylum seekers in GPE .", "On DATE , with a valid passport and a ORG card , the applicant entered GPE and requested asylum . His eldest son , his daughterin - law , his grandchild and his brother - in - law already lived there and had permanent residence permits .", "According to an asylum registration report of CARDINAL DATE the applicant was born and grew up in the north of GPE . His wife died in DATE and his CARDINAL sons , born in DATE and DATE , were brought up by their maternal grandmother . In DATE the applicant and his eldest son moved to a refugee camp . They stayed there until DATE , when the eldest son was sent out of the country and the applicant went to GPE . The applicant stayed in GPE until DATE . Thereafter he lived in GPE . On DATE , with the help of an agent , he went by plane to GPE . The agent had picked him up at the airport in GPE and driven him to a centre where he could request asylum . He could not explain why he was in possession of a train ticket issued on DATE for the town where his brother - in - law lived . The applicant wanted to live in GPE with his son . It was better than living in GPE . The applicant had not had contact with his youngest son since DATE and his brother remained in GPE .", "In an asylum application form of CARDINAL DATE , the applicant added that while staying in the refugee camp his eldest son had been arrested CARDINAL times and the applicant had been arrested twice . To leave the camp it had been obligatory to obtain permission from the military . In DATE the applicant helped his eldest son leave the country . While in GPE the applicant was arrested and detained CARDINAL times by the authorities in order to check whether he had permission to stay there . When a peace agreement was concluded in DATE , the applicant went to GPE to live with his brother . The applicant 's nephew in GPE had been killed by the authorities on DATE because he was suspected of being an NORP member . Thereafter the applicant was constantly harassed by the military forces and he also had problems with the NORP .", "According to an interview report of CARDINAL DATE prepared by ORG , now ORG ) , the applicant stated that he had not been politically active or member of any political party or organisation . He had no previous convictions and had not been detained , charged , arrested or imprisoned , and was not a wanted person in his country of origin . In DATE he wanted to get away from north GPE due to unrest there . He and his eldest son had to live in a refugee camp because they were unable to obtain an entry permit for GPE . In DATE they received the entry permit and entered GPE . At DATE the applicant 's son went to GPE . Thereafter , the applicant lived on the money his son sent him . DATE the applicant could freely travel between GPE and GPE . He lived permanently in an apartment in GPE , but often travelled to GPE . His brother died from an illness and during DATE in GPE the applicant lived with his brother 's widow and CARDINAL children to save up money and to be with his family until his departure . After the nephew was killed , the military forces came to the house CARDINAL or CARDINAL times and interviewed the applicant about the NORP . The military was mainly looking for his brother 's other children , who were young , while he was an old man . He wanted to get away and live in peace with his son in GPE . He had not had any contact with anybody in his country since his departure .", "On DATE the applicant 's request for asylum was refused by ORG , which found that the applicant failed to fulfil the criteria under section CARDINAL of LAW ( GPE ) , notably because his relationship with the ORG was so remote that he would not be of sufficient interest to the authorities or in real and concrete danger of being subjected to treatment contrary to LAW upon return to GPE .", "The applicant appealed to ORG ( PERSON ) before which an oral hearing was held on DATE . It appears that the applicant maintained that his brother had moved to GPE ( and not died from an illness as previously stated ) . Also , the applicant explained that he had in fact seen the nephew being shot . The other people in the village and the applicant 's sister - in - law reported to the ORG who had informed the authorities about the nephew 's activities , and consequently the informer , a woman , was killed by the NORP . ORG upheld the decision to refuse to grant the applicant asylum on DATE . It attached importance to the applicant 's statement that the visits by the authorities concerned the young people of the household , and found that the applicant was not himself an object of interest to the authorities .", "On DATE the applicant 's request for a residence permit on humanitarian grounds under section CARDINAL b , subsection l , of LAW was refused by ORG . In its decision ORG took account , inter alia , of the applicant 's age and health and found that , according to the information available , the applicant did not suffer from any physical or mental illness of a very serious nature , and that no circumstances otherwise provided any basis for granting a residence permit on humanitarian grounds .", "On DATE ORG ( ORG ) , an NGO , requested that ORG reopen the case . It referred to the applicant 's previous explanations and the general deterioration of the security situation in GPE . It also added that , according to the applicant 's eldest son , it was in fact the applicant who had reported to the NORP who it was that had informed the authorities on the nephew 's membership . Allegedly , the authorities were therefore interested in the applicant . The eldest son had also informed the applicant 's representative that the killed nephew 's brother had stated that the authorities were looking for the applicant after his departure . Moreover , the eldest son had been granted asylum status in GPE due to his affiliation with the NORP and because he had been tortured during an investigation in DATE . Thus , according to the applicant 's eldest son , the applicant had been detained because of him .", "On DATE , on the applicants ' behalf , ORG also submitted a letter to ORG requesting that it stay the applicants ' deportation .", "On DATE , ORG decided to apply Rule CARDINAL of ORG , indicating to the Government that it was in the interests of the parties and the proper conduct of the proceedings that the applicant should not be expelled to GPE pending the ORG 's decision .", "Consequently , on DATE ORG extended the time - limit for the applicants ' departure until further notice .", "On DATE ORG again refused to reopen the applicants ' asylum case finding that no essential new information or aspects had been submitted . It rejected the information added by the applicant 's son as fabricated for the occasion .", "On DATE ORG decided to suspend the examination of asylum cases concerning ethnic NORP from northern GPE , including the applicant 's case .", "On DATE , on the basis of the most recent background information concerning GPE including , inter alia , a Memorandum of CARDINAL DATE prepared by ORG , ORG decided to review the suspended cases , including the applicant 's case .", "On DATE ORG refused to reopen the applicant 's case as it found that the most recent general background information would not lead to a revised assessment of the case . More specifically in its letter to the applicant 's representative it stated as follows :", "“ ... ORG still finds that your client 's fear of the ORG and the Sri NORP authorities does not warrant a residence permit under section CARDINAL of LAW . In that connection , ORG refers to the fact that your client stated during the asylum procedures that he had not been a member of or sympathised with the ORG and that he had not been sought by or had problems with the NORP at any time prior to his departure . He stated that the family had no contact with the NORP while he lived with his brother . On the contrary , the NORP supposedly avenged the murder of your client 's nephew by killing the woman who had allegedly informed on your client 's nephew to the authorities . ORG thus finds itself unable to accept the supposition that your client has outstanding issues with the ORG which , in fact , was defeated in DATE . Your client has also referred to fear of persecution by the Sri NORP authorities . In this connection , ORG refers to the fact that during the asylum procedures your client stated that personally he was not an object of interest to the authorities , that he was solely questioned about his knowledge of other ORG members in connection with the murder of his nephew which took place DATE , and that personally he has not been persecuted or threatened in his country of origin . Your client also left his country of origin without any problems using his own genuine passport . Thus , the ORG finds that it has not been rendered probable that your client would be of interest to the Sri NORP authorities or suspected of supporting the NORP . The possibility that as an ethnic GPE from northern GPE your client risks being questioned and investigated by the authorities upon entry into his country of origin does not lead to a revised assessment of the case under asylum law . The individuals at particular risk of being detained and investigated upon entry in GPE are young NORP , men in particular , from northern and eastern GPE ; those without ID ; those not resident or employed in GPE ; and those recently returned from the LOC , see GPE ORG to GPE , GPE DATE . Regardless of whether it is accepted as a fact that the Sri NORP authorities have suspected your client of supporting the NORP , it does not lead to a revised assessment . In this respect , ORG refers to the fact that it appears from the background material available to ORG that , in general , individuals who have supported the ORG on a lower level are not of interest to the authorities . Thus , generally , only high profile members of the NORP who are still active and wanted , or individuals wanted for serious criminal offences are of interest to the authorities , see ORG , Operational Guidance Note , GPE , DATE , and ORG to GPE , GPE DATE . Your client has also referred to a fear of the general situation of insecurity in GPE and the fact that he is old and wants to live in GPE where there is peace and quiet . Moreover , he has no family in his country of origin to take care of him , but he has agreed with his son living in GPE that he can stay with the son and be provided for . As in the previous decisions in the case , ORG still finds that the general situation for ethnic NORP in GPE is not of such nature that it in itself warrants a residence permit under LAW . Thus , ORG fully relies on the decisions of DATE and DATE . Against that background , the ORG still finds that it has not been rendered probable that , in case of return to GPE , your client would be at concrete and individual risk of persecution as covered by section CARDINAL(CARDINAL ) of LAW , or that your client would be at a real risk of outrages as covered by section CARDINAL(CARDINAL ) of LAW . ORG further states that ORG has no authority to decide whether your client could be granted a residence permit under other provisions of LAW . Such authority lies with ORG and ORG . It should be noted that your client 's time - limit for departure is still postponed on the basis of the request of DATE from ORG . If your client 's lawful stay in GPE lapses , he must leave the country immediately , see section CARDINAL(CARDINAL ) and ( CARDINAL ) of LAW . As appears from the decision of ORG , your client may be forcibly returned to GPE if he does not leave voluntarily , see section GPE , cf . section CARDINAL , of LAW . ”", "By virtue of section CARDINAL of LAW ( GPE ) , asylum is granted to aliens who satisfy the conditions of LAW . Applications for asylum are determined in the first instance by the former ORG ( now called ORG ) and in the second instance by ORG .", "Pursuant to section DATE , subsection CARDINAL , of LAW , decisions by ORG are final , which means that there is no avenue for appeal against the ORG 's decisions . Aliens may , however , by virtue of LAW ( PERSON ) bring an appeal before the ordinary courts , which have authority to adjudge on any matter concerning the limits to the competence of a public authority .", "CARDINAL 's country of origin or first country of asylum . For this purpose , ORG has a comprehensive collection of general background material on the situation in the countries from which GPE receives asylumseekers . The material is up - dated and supplemented on a continuous basis . The background material of ORG is obtained from various authorities , in particular ORG and ORG . In addition , background material is procured from various organisations , including ORG , ORG and other international human rights organisations and the ORG . Also included are the annual reports of ORG ) on the human rights situation in a large number of countries , reports from ORG , reports from the documentation centre of ORG , reports from ORG , reports from ORG ( ORG for Asylum Practitioners ) , reports from the authorities of other countries and to some extent articles from identifiable ( international ) journals . Moreover , the ORG may request ORG to issue an opinion on whether it can confirm information from a background memorandum drafted in general terms . ORG also retrieves some of its background material from the Internet . Internet access also enables the ORG to obtain more specific information in relation to special problems in individual cases .", "Usually , ORG assigns counsel to the applicant . Board hearings are oral and the applicant is allowed to make a statement and answer questions . The ORG decision will normally be served on the applicant immediately after the ORG hearing , and at the same time the Chairman will briefly explain the reason for the decision made .", "Extensive information about GPE can be found in ORG . v. the GPE , no . CARDINAL , § § DATE . The information set out below concerns events occurring after the delivery of the said judgment on CARDINAL DATE and , in particular , after the cessation of hostilities in DATE .", "Fighting between the Sri NORP army and the NORP intensified in DATE , with the army taking a number of rebel strongholds in the north and east of the country . On DATE , in an address to the country 's parliament , the President of GPE announced the end of hostilities and the death of the leader of the LTTE , PERSON . It was also reported that most , if not all , of the NORP 's leadership had been killed .", "DATE , ORG for ORG had estimated that CARDINAL people had already reached internally displaced persons ' camps , including CARDINAL in DATE . In addition , it was believed that another CARDINAL people were on their way to the camps through the crossing point at GPE , in the northern district of PERSON .", "In DATE , ORG reported that the number of killings in GPE in DATE ( including deaths of civilians , security forces and members of the ORG ) was : CARDINAL in DATE ; CARDINAL in DATE ; CARDINAL in DATE and CARDINAL DATE and DATE . CARDINAL people were reported to have been killed in total over the course of DATE conflict .", "“ Notwithstanding the cessation of the hostilities , the current protection and humanitarian environment in GPE remains extremely challenging . In the GPE , nearly the entire population from the territory formerly held by the NORP in the LOC ( CARDINAL NORP ) has been confined to heavily militarized camps in the LOC region . Although the government has gradually reduced the military presence in the camps and has pledged to start the progressive return to their villages of origin of the majority of those in the camps , it is clear that this may take a considerable amount of time . The lack of freedom of movement remains the overriding concern for this population restricting its ability to reunite with family members outside the camps , access employment , attend regular schools , and ultimately choose their place of residence . ”", "A Human Rights Watch [ HRW ] press release , dated DATE , reported that :", "“ The government has effectively sealed off the detention camps from outside scrutiny . Human rights organizations , journalists , and other independent observers are not allowed inside , and humanitarian organizations with access have been forced to sign a statement that they will not disclose information about the conditions in the camps without government permission . On several occasions , the government expelled foreign journalists and aid workers who had collected and publicized information about camp conditions , or did not renew their visas . ”", "A further ORG press release dated DATE set out concerns that CARDINAL NORP civilians remained in detention camps without the freedom to leave .", "In DATE , the first post - war local elections were held in LOC . ORG reported that voter turn - out was low due to the number of people who were still displaced . The governing party , ORG , took the majority of seats in the biggest city in the region , GPE . However , ORG , a party sympathetic to the defeated ORG , took the majority of seats in PERSON , the other town where polling took place .", "On DATE , PERSON , the official spokesman for ORG in GPE was ordered to leave GPE because of adverse remarks that he had made to the media about the plight of NORP in the government - run camps .", "On DATE the Sri Lankan Official Government News Portal announced that the motion to extend ORG ( under which the authorities have extensive anti - terrorism powers and heightened levels of security including checkpoints and road blocks ) by DATE had been passed by ORG with a majority of CARDINAL votes .", "In a report dated DATE , GPE ORG published a report entitled “ Report to ORG on Incidents During the Recent Conflict in GPE ” , which compiled incidents from DATE , when the fighting intensified , until DATE . Without reaching any conclusions as to whether they had occurred or would constitute violations of international law , it set out extensive reports of enforced child soldiers , the killing of captives or combatants trying to surrender , enforced disappearances and severe humanitarian conditions during the hostilities .", "On DATE , ORG announced its decision that all internally displaced persons would be given freedom of movement and allowed to leave the detention camps from DATE .", "In its Global Appeal DATE , the ORG reported that :", "“ The Government - led military operations in northern GPE which ended in May DATE displaced CARDINAL people , most of whom fled their homes in DATE of the fighting . The majority of these internally displaced persons ( IDPs ) now live in closed camps in Vavuniya district , as well as in camps in GPE , GPE and PERSON . CARDINAL IDPs , some of whom have been displaced since DATE , are also in need of durable solutions .", "The IDPs originate mainly from the NORP , PERSON , PERSON , GPE and GPE districts in northern GPE , as well as from some areas in the east of the country . Though the end of hostilities has paved the way for the voluntary return of displaced people , some key obstacles to return remain . For instance , many of the areas of return are riddled with mines and unexploded ordnance . Not all are considered to be of high risk , particularly those away from former frontlines , but mine - risk surveys and the demarcation of no - go areas are urgently needed .", "Other key obstacles to return include the need to re - establish administrative structures in areas formerly held by ORG ; the destruction or damaged condition of public infrastructure and private homes ; and the breakdown of the economy - including agriculture and fisheries .", "The Government of GPE is planning the return framework , and it has called on ORG for support with return transport , non - food items , return shelter , livelihoods support and assistance in building the capacity of local authorities .", "With some progress having been recently achieved , it is hoped that a substantial number of IDPs will be able to return to their places of origin in DATE , but a large portion of new IDPs are also likely to remain in the camps and with host families until well into DATE . ”", "In a Human Rights Report DATE , dated DATE , GPE State Department stated that ORG accepted assistance from NGOs and international actors for the ORG camps but management of the camps and control of assistance were under the military rather than civilian authorities . Food , water , and medical care were all insufficient in DATE after DATE war , but by DATE the situation had stabilised and observers reported that basic needs were being met . In DATE the military withdrew from inside the camps but continued to provide security around the barbed wire - enclosed perimeter . The IDPs in the largest camp , ORG , were not given freedom of movement until DATE , when a system of temporary exit passes was implemented for those who had not yet been returned to their districts of origin . Some observers said that this exit system still did not qualify as freedom of movement .", "DATE . ORG , in their report , ORG DATE , estimated that DATE after the main fighting ended , the ORG continued to hold CARDINAL people ( CARDINAL of them women and girls ) in the camps . CARDINAL of these were children . The camps were severely overcrowded , many of them holding twice the number recommended by the ORG . As a result , access to basic requirements such as food , water , shelter , toilets and bathing , had been inadequate . These conditions imposed particular hardships on the elderly , children and pregnant women . The camps were under military administration , and effective monitoring by humanitarian agencies was lacking . The authorities failed to provide camp residents with sufficient information about the reason for their continued detention , the whereabouts of relatives , or the criteria and procedure for their return home .", "NORP GPE on GPE of DATE ( “ the DATE ORG ” ) stated as follows :", "CARDINAL ORG ( ORG ) report GPE : A Bitter Peace , CARDINAL DATE , also referred to “ extra - legal detention centres ” maintained by the military and observed : “ These detained have had no access to lawyers , their families , ORG or any other protection agency , and it is unclear what is happening inside the centres . In addition , ' the grounds on which the ex - combatants have been identified and the legal basis on which they are detained are totally unclear and arbitrary ' . Given the well - established practice of torture , enforced disappearance and extra - judicial killing of ORG suspects under the current and previous NORP governments , there are grounds for grave concerns about the fate of the detained . The government has announced that of those alleged ex - combatants currently detained , CARDINAL will be put on the trial ; most will detained for a further period of ' rehabilitation ' and then released . ”", "...", "CARDINAL Referring to the “ CARDINAL people ” detained “ in so - called ' rehabilitation centers ” because of their alleged association with the ORG , the ORG [ document Legal Limbo , The Uncertain Fate of ORG in GPE , released on DATE , observed : “ The government has routinely violated the detainees ' fundamental human rights , including the right to be informed of specific reasons for arrest , the right to challenge the lawfulness of the detention before an independent judicial authority , and the right of access to legal counsel and family members . The authorities ' consistent failure to inform families of the basis for the detainees ' arrest and their whereabouts raises serious concerns that some detainees may have been victims of torture and ill - treatment , which are more likely to take place where due process of law is lacking and which have long been serious problems in GPE . Given the lack of information about some detainees , there is also a risk that some may have been ' disappeared ' . ”", "CARDINAL The ORG ' Eligibility Guidelines for Assessing the International Protection Needs of Asylum - Seekers from GPE , DATE reported that “ In the wake of the conflict , CARDINAL persons suspected of NORP links were arrested and detained in high - security camps ” adding that “ According to a ORG survey , as of DATE , CARDINAL ORG cadres were being held at CARDINAL centres . Among the detainees were CARDINAL males and CARDINAL females . ” and noted that “ Some of the adult detainees have ... been released after completing rehabilitation programmes or because they were no longer deemed to present a risk , including some persons with physical disabilities . ”", "The DATE ORG also set out :", "CARDINAL The ORG [ ORG ] , ORG , GPE , DATE reported : “ The ORG has warned that GPE faces losing trade advantages under LAW ( GSP - Plus ) scheme from DATE , unless the ORG commits itself in writing to improving its human rights record . The ORG has put forward CARDINAL conditions that it says the Government needs to promise to meet within DATE . These include : ensuring that the CARDINALth amendment to the constitution , which requires that appointments to public positions be impartial and reflect the country 's ethnic and religious mix , is enforced ; repealing parts of LAW that are incompatible with GPE covenants on political and human rights ; reforming the criminal code to allow suspects immediate access to a lawyer on arrest ; and allowing journalists to carry out their professional duties without harassment . However , the ORG has rebuffed the ORG , stressing that the issues that it has raised are internal political matters that should not be linked to trade . “ The ORG is not the only international body currently putting pressure on the government . GPE has also rejected the ORG 's appointment of a CARDINAL - member panel to examine possible human rights violations during the island 's civil war . The Sri Lankan authorities have warned that they will not provide visas for panel members to enter the country . ”", "...", "CARDINAL The ORG , ORG , GPE , DATE noted that : “ The decision by the ORG secretary - general , Ban PERSON [ on DATE ] , to appoint a panel to examine accountability issues stemming from the final stages of the island 's civil war , which ended in DATE , has prompted a strong reaction in GPE ...", "CARDINAL On DATE ORG reported that “ Secretary - General Ban Kimoon has held his first meeting with the panel of experts set up to advise him on accountability issues relating to alleged violations of international humanitarian and human rights law during the final stages DATE of the conflict in GPE . ” The source also noted that the role of the experts was to examine “ the modalities , applicable international standards and comparative experience with regard to accountability processes , taking into account the nature and scope of any alleged violations in GPE . ”", "GPE on GPE of DATE ( “ the DATE ORG ” ) sets out a series of letters from ORG – hereafter “ LOC ” , GPE , on arrival procedures at GPE airport . In its letter of DATE , the ORG observed :", "“ [ T]he correct procedure for [ ORG and Emigration [ DIE ] ] officers is to record the arrival of these persons manually in a logbook held in the adjacent Chief Immigration Officer 's office . The name , date and time of arrival and arriving flight details are written into the log . It records why the person has come to their attention and how the case was disposed of . I have had the opportunity to look at the log , and it appears that the CARDINAL ways of disposal are to be passed to ORG [ ORG ] , or allowed to proceed .", "The office of ORG [ SIS ] is in the immigration arrivals hall and an officer from ORG usually patrols the arrivals area during each incoming flight . Invariably , if they notice a person being apprehended they approach IED [ ORG ] and take details in order to ascertain in [ sic ] the person may be of interest to them . Their office contains CARDINAL computer terminals , CARDINAL belonging to the airport containing flight information and CARDINAL stand - alone terminals . If an apprehended person is considered suitable to be passed to ORG , they are physically walked across the terminal building to the ORG offices . A ORG officer should then manually record the arrival of the person in a logbook held in their office ... often persons shown in the ORG logbook to have been handed to ORG are never actually recorded as being received in the ORG logbook . It is believed that ORG has allowed these persons to proceed and no action has been taken against them . ”", "The same letter also noted that ORG offices at the airport contained CARDINAL computers , which were not linked to any national database . Any checks on persons detained or apprehended were conducted over the phone with colleagues in central GPE . There were no fingerprint records at the airport . CARDINAL computer contained records of suspects who had been arrested and charged with offences , and court reference numbers . It continued as follows :", "“ Were a Sri NORP national to arrive at FAC having been removed or deported from GPE , they would be in possession of either a valid national NORP passport , or an emergency travel document / temporary passport , issued by ORG in GPE . The holder of a valid passport would have the document endorsed by the immigration officer on arrival and handed back to him / her . A national passport contains the national ORG card number on the laminated details page . I have made enquiries with the DIE at FAC , and with ORG who meet certain returnees at the airport , and both have confirmed that a person travelling on an emergency travel document is dealt with similarly . They too have the document endorsed by the immigration officer on arrival and returned to them . Before issuing an emergency travel document , ORG in GPE will have details of an applicant confirmed against records held in GPE and will thus satisfactorily confirm the holder 's nationality and identity . If a returnee subsequently wishes to obtain a national identity card , they have to follow the normal procedures . ”", "In a letter dated CARDINAL DATE , the LAW reported that an official had spent TIME observing the return of failed asylum seekers from GPE , including those who were in possession of emergency travel documents , issued by ORG in GPE . In the official 's opinion , the fact that certain returnees had been issued with emergency travel documents by ORG in GPE did not seem to make any difference to their treatment upon arrival .", "The Report of Information Gathering Visit to GPE on DATE , conducted jointly by ORG and ORG ( “ the Report of Information Gathering Visit , DATE ” ) , concluded that all enforced returns ( of whatever ethnicity ) were referred to the ORG at the airport for nationality and criminal record checks , which could take TIME . All enforced returns were wet - fingerprinted . Depending on the case , the individual could also be referred to the ORG and/or ORG for questioning . Anyone who was wanted for an offence would be arrested .", "The report set out that those with a criminal record or ORG connections would face additional questioning and might be detained . In general , non - government and international sources agreed that NORP from the north and east of the country were likely to receive greater scrutiny than others , and that the presence of the factors below would increase the risk that an individual could encounter difficulties with the authorities , including possible detention :", "- Outstanding arrest warrant", "- Criminal record", "- Connection with the LTTE", "- Bail jumping / escape from custody", "- Illegal departure from GPE", "- Scarring", "- Involvement with media or NGOs", "- Lack of an ORG card or other documentation", "GPE on GPE of DATE set out the following :", "CARDINAL The ORG letter of CARDINAL DATE went on to observe that : “ At DATE , partly due to the large numbers of NORP being returned from around the world and causing logistical problems , ORG procedures were relaxed in that they no longer had to detain returnees until written confirmation was received from the local police . All returnees are still interviewed , photographed and wet fingerprinted . The main objective of these interviews is to establish if the returnee has a criminal record , or if they are wanted or suspected of committing any criminal offences by the police . The photographs are stored on a standalone computer in the ORG office at the airport . The fingerprints remain amongst paper records also in the ORG office at the airport . Checks are initiated with local police , but returnees are released to a friend or relative , whom ORG refers to as a surety . This surety must provide evidence of who they are , and must sign for the returnee . They are not required to lodge any money with ORG . “ The main ORG offices at FAC , which are housed on the ground floor adjacent to the ORG embarkation control , are currently undergoing a complete refurbishment funded by the NORP government . The CARDINAL completed office suite has CARDINAL purpose built interview rooms , and facilities where returnees can relax and eat meals . ”", "...", "CARDINAL A ORG letter of DATE reported : “ There is strong anecdotal evidence that scarring has been used in the past to identify suspects . Previous conversations with the police and in the media , the authorities have openly referred to physical examinations being used to identify whether suspects have undergone military style training . More recent claims from contacts in government ministries suggest that this practice has either ceased or is used less frequently . At the very least it appears that the security forces only conduct these when there is another reason to suspect an individual , and are not looking for particular scars as such , but anything that may indicate the suspect has been involved in fighting and/or military training . There is no recent evidence to suggest that these examinations are routinely carried out on immigration returnees . ”", "On DATE , Tamilnet reported that CARDINAL NORP youths were taken into custody by ORG of the Sri Lanka Police at FAC in CARDINAL separate incidents whilst trying to leave GPE . It was also reported that since DATE , special teams of ORG and police had been deployed in the airport to monitor the movement of NORP who try to go abroad .", "The Report of Information Gathering Visit , DATE , stated that the frequency of cordon and search operations had not reduced significantly in DATE , though there were fewer large - scale operations than in DATE . In general , young male NORP originating from the north and east of the country were most at risk of being detained following cordon and search operations , with the presence of the risk factors set out above increasing that risk . Those without employment or legitimate purpose for being in GPE were also likely to be seen as suspect . The same report also noted that most sources agreed that there had been few , if any , abductions or disappearances since DATE . There was not a great deal of available information about the profile of NORP targeted for abduction , although it appeared that people linked to the media might be more vulnerable . Police did not generally carry out effective investigations . It went on to note that most sources agreed that there had not been any significant reduction in the number of checkpoints in GPE , whose stated purpose remained to detect and prevent terrorist activity . In general those most likely to be questioned were young NORP from the north and east ; those without ID ; those not resident or employed in GPE ; and those recently returned from the West . However , most sources said that arrests at checkpoints were rare and none had been reported since DATE . It was reportedly fairly likely that someone would be stopped at a checkpoint en route from the airport to GPE . Finally , it clarified that people who wished to live in GPE but did not originate from there must register with the local police station with a national ID card or full passport , and details of planned length and purpose of stay . In theory , whilst anyone was entitled to register to stay in GPE , some sources suggested that young NORP men originally from the north or east of the country could encounter difficulties and face closer scrutiny . The presence of any of the risk factors set out above would also attract greater attention from the police .", "“ The significant majority of reported cases of human rights violations in GPE involve persons of NORP ethnicity who originate from the LOC and LOC ... In Government - controlled areas , NORP who originate from the LOC and the LOC , which are , or have been under ORG control , are frequently suspected as being associated with the NORP . For this reason , NORP from the LOC and the LOC are at heightened risk of human rights violations related to the implementation of anti - terrorism and anti - insurgency measures . While this risk exists in all parts of GPE , it is greatest in areas in which the ORG remains active , and where security measures are heaviest , in particular the LOC and parts of the LOC , and in and around GPE . ”", "“ The country of origin information that ORG has considered indicates that NORP from LOC continue to face a significant risk of suffering serious human rights violations in the region ( and elsewhere in the country ) because of their race ( ethnicity ) or ( imputed ) political opinion . NORP in the LOC are still heavily targeted in the security and anti - terrorism measures described in LAW . Wide scale detention and confinement of NORP from the LOC remains a serious concern . ORG paramilitary elements also continue to operate with impunity against NORP in the LOC . ”", "ORG from GPE of DATE , which superseded the DATE Guidelines contained information on the particular profiles for which international protection needs may arise in the current context . It was stated that :", "“ given the cessation of hostilities , NORP originating from the north of the country are no longer in need of international protection under broader refugee criteria or complementary forms of protection solely on the basis of risk of indiscriminate harm . In light of the improved human rights and security situation in GPE , there is no longer a need for group - based protection mechanisms or for a presumption of eligibility for NORP of NORP ethnicity originating from the north of the country . It is important to bear in mind that the situation is still evolving , which has made the drafting of these LAW particularly complex . ”", "In summary , the following were ORG 's recommendations : All claims by asylum seekers from GPE", "( i ) persons suspected of having links with ORG ( NORP ) ;", "( ii ) journalists and other media professionals ;", "( iii ) civil society and human rights activists ;", "( iv ) women and children with certain profiles ; and", "( v ) lesbian , gay , bisexual and transgender ( ORG ) individuals .", "It was also stated that in the light of GPE DATE internal armed conflict , and a record of serious human rights violations and transgressions of international humanitarian law , exclusion considerations under LAW may arise in relation to individual asylum seeker claims by GPE asylum seekers .", "The ORG reported in DATE that the Colombo Police force had opened CARDINAL special units in GPE suburbs able to take statements in GPE , with plans for more . Previously , GPE - speaking NORP had to rely on a friend to translate their complaints into NORP ." ]

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[ "On DATE the applicant and a Mr S.V. were arrested in GPE on suspicion of having stolen a car . They were charged by a military investigator , who was competent because at the time Mr GPE was an army private , and placed in pretrial detention .", "In DATE Mr S.V. managed to escape during a transfer from CARDINAL detention facility to another . In DATE the applicant was released on bail .", "On DATE the applicant was arrested in GPE on charges of theft . The case was assigned to ORG on account of Mr GPE ’s being in the army . There it was joined to other cases pending against Mr GPE , some of which also concerned the applicant .", "On DATE the proceedings were stayed as Mr S.V. ’s whereabouts were unknown . According to the applicant , Mr S.V. had settled in GPE , but during DATE had come back to GPE every summer without ever having been stopped or bothered by the authorities , and had even renewed his identity documents .", "In DATE the applicant enquired about the state of the proceedings against him . He was informed that Mr S.V. had not been found yet and that the proceedings were still stayed .", "On DATE the investigation was taken up by ORG . On DATE this ORG disjoined the cases against the applicant and assigned them to the GPE , GPE , GPE and ORG , in accordance with their territorial competence , and to LOC .", "On DATE ORG discontinued the investigation against the applicant because the relevant limitation period has expired . On DATE the ORG discontinued its investigation for the same reason .", "On DATE ORG dropped certain charges against the applicant and indicted him for a number of others . The case was heard by FAC , which convicted the applicant in a judgment of DATE . It seems that applicant did not appeal . Certain other charges against the applicant were dropped by ORG on DATE .", "It is unclear whether the cases against the applicant handled by ORG and ORG have been discontinued or are still pending .", "On DATE the applicant was taken to FAC to serve a sentence of DATE years’ imprisonment imposed in DATE . Later this sentence was aggregated with several other punishments meted out in separate proceedings . He was released on DATE .", "During his stay in prison , the applicant was not allowed to write to his lawyer representing him in various criminal proceedings and in the proceedings before ORG in sealed envelopes , or to talk to her on the telephone . His mail , including the letters to and from his lawyer , was systematically opened and checked . This was confirmed by a letter written on DATE by the head of the “ Execution of Punishments ” directorate of ORG and produced by the ORG before the ORG . The letter said that pursuant to section CARDINAL(CARDINAL)(c ) of the CARDINAL Execution of Punishments Act ( see paragraph CARDINAL below ) ORG correspondence was subject to monitoring by the prison administration . It further said that as the applicant had been an inmate , his correspondence had been monitored to ensure the proper implementation of section CARDINAL(CARDINAL ) of the Regulations for the application of the LAW ( see paragraph CARDINAL below ) .", "In DATE a telephone booth was installed in the prison and the inmates were allowed to use it to call their relatives DATE . They were told that this facility concerned parents , brothers and sisters , children and spouses . At the request of several inmates the warden apparently informally accepted to extend it to unmarried partners . At first the applicant , who before his incarceration had lived for DATE with PERSON and had had a child with her just DATE before going to prison , was also able to benefit from the opportunity to call his partner on the telephone . However , in DATE the warden refused to allow him to avail himself of this facility . The applicant objected , but the warden replied that the law provided for a right to call spouses only and that if the applicant was so attached to his partner and their child , he could always marry her . In DATE , following an intervention by ORG , which the applicant ’s lawyer had contacted about the matter , he was once again allowed to have telephone conversations with his partner .", "Articles DATE and CARDINAL of the DATE LAW , as relevant :", "“ Everyone has the right to meet in confidence with the person who defends him . The confidentiality of their communication shall be inviolable . ”", "“ CARDINAL . NORP The freedom and secret of correspondence and other communications shall be inviolable .", "NORP This rule may be subject to exceptions only with the permission of the judicial authorities when necessary for uncovering or preventing serious offences . ”", "Section CARDINAL of the DATE Execution of Punishments Act ( ORG за изпълнение на наказанията ) , as in force at the relevant time , read , in so far as relevant :", "“ CARDINAL . Prisoners are entitled ... to :", "...", "( c ) correspondence and food parcels , which are subject to inspection by the [ prison ] administration . ”", "Section CARDINAL(CARDINAL ) of the regulations for the application of the LAW , as in force at the relevant time and until present , provides that if the contents of a letter are such that for security , prison regime or disciplinary reasons it can not be delivered to the prisoner or dispatched by mail , the inmate must be informed of this and the letter must be put in his file .", "NORP In DATE new provisions regarding persons detained on remand were added to the Act . Subsection CARDINAL of the newly enacted section CARDINALd read as follows :", "“ The correspondence of the accused and the indicted is subject to inspection by the [ prison ] administration . ”", "NORP In a decision of DATE ( реш. № CARDINAL от CARDINAL април DATE г. по конституционно дело № DATE г. , обн. , GPE , бр. CARDINAL от DATE г. ) ORG , acting pursuant to a request by Chief Prosecutor , declared this provision unconstitutional . After analysing in detail the relevant constitutional and LAW provisions and making , inter alia , reference to the cases of ORG v. the GPE ( judgment of DATE , Series A no . CARDINAL ) , PERSON v. GPE ( judgment of DATE , Reports of Judgments and Decisions DATE ) and ORG v. GPE ( judgment of DATE , Reports CARDINALVII ) , the court held that a blanket authorisation to inspect the correspondence of all inmates without regard to their particular circumstances and the threat which they allegedly posed to society through such correspondence was contrary to Articles CARDINAL § CARDINAL and CARDINAL of the DATE LAW .", "The subjectmatter of the case was limited to reviewing the constitutionality of section CARDINALd(CARDINAL ) of the CARDINAL Execution of Punishments Act . For this reason section CARDINAL(CARDINAL)(c ) of the LAW , despite having almost identical wording , was not reviewed for constitutionality .", "Under NORP law , the decisions of ORG declaring a statutory provision contrary to LAW have effect only for the future ( ex nunc ) .", "Section CARDINALa(CARDINAL ) of the Regulations for the application of the CARDINAL Execution of Punishments Act , added in DATE , provides that inmates may use a payphone installed in the prison in accordance with regulations issued by the head of the “ Execution of Punishments ” directorate of ORG . Subsection CARDINAL provides that inmates may use the telephone to call only their relatives by direct ascending or descending line , their brothers , sisters and spouses . The telephone conversations are carried out under the supervision of a prison staff member , who makes sure in advance that the conversation is indeed with its purported addressee ( subsection CARDINAL ) .", "Section CARDINAL(CARDINAL ) of the DATE LAW ( ORG за адвокатурата ) , presently superseded by section ORG ) of the CARDINAL Bar Act , provided that the correspondence between lawyers and their clients was inviolable , could not be subject to interception and could not be used as evidence in court ." ]

[ "13", "14", "6", "8" ]

[ "6-1" ]

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[ "13" ]

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[ "The applicant , Mr PERSON , is a NORP national who was born in GPE and lives in GPE / PERSON ( a town on the territory of GPE , but which , since DATE , is under the control of the self - proclaimed “ GPE ( the “ FAC , see more details in ORG and Others v. GPE and GPE [ ORG ] , no . CARDINAL , § § DATE and CARDINAL - CARDINAL , ORG CARDINALVII ) ) .", "The facts of the case , as submitted by the applicant , may be summarised as follows .", "Starting from DATE the applicant deposited MONEY in the ORG situated in GPE / PERSON . He claimed that the value of his personal savings , which he had deposited with ORG , had dropped significantly following economic reforms , and that the ORG had not properly discharged its obligation to revalue the deposits in ORG in order to offset the effects of inflation .", "The applicant lodged an action with the “ FAC ” asking for compensation for the loss of value of his deposits . On DATE the court informed him that it was not competent to deal with such actions and that he should address the regular “ FAC courts ” .", "The applicant lodged an action with “ Bender county court ” ( which is part of the “ FAC court system ” ; there exists another GPE / PERSON county court under GPE jurisdiction and located in GPE ) . On DATE the court left the action unexamined , finding that it was incomplete since he had failed to fully identify the respondents and to provide evidence in support of his action , and omitted other necessary information . Following the applicant ’s failure to submit the missing documents , on DATE his action was returned to him unexamined .", "The applicant complained to ORG , which on DATE informed him of his right to lodge an action with the GPE / PERSON county court located in GPE . On an unknown date the applicant lodged an action with that court . On DATE the court informed him that his action was incomplete , in particular lacking the necessary documentary evidence and proof of payment of court fees . It appears that the applicant submitted no further documents to the GPE / ORG .", "The applicant also complained to ORG of GPE about the loss of value of his deposits . His complaint was forwarded to the GPE / PERSON prosecutor ’s office . On DATE the GPE / PERSON prosecutor ’s office informed the applicant that GPE and the unrecognised “ FAC had separate budgetary systems and that he should address any claim for compensation to the “ FAC authorities ” under applicable local legislation .", "The applicant states that in DATE he attempted to obtain compensation for the loss of value of his deposits from a NORP bank in GPE . This was refused since the law did not allow the payment of compensation to persons who had deposited money in the ORG outside GPE .", "As concerns NORP legislation regarding compensation for losses caused by inflation , on DATE ORG adopted LAW the indexing of ORG savings in ORG ” ( ORG DATE privind indexarea depunerilor băneşti ale cetăţenilor ORG ) ( hereinafter “ the Moldovan Savings Act DATE ” ) .", "LAW that law reads as follows :", "“ LAW Object of the law .", "The present law establishes the ORG ’s obligations in respect of citizens of GPE who had savings in ORG as of DATE , and establishes the basic principles regarding the indexation , quantum and manner of payment of indexed amounts . ”", "As concerns NORP legislation concerning compensation for losses caused by inflation , the Law on Revaluation and Protection of the Savings of Citizens of GPE was enacted on DATE ( Федеральный закон « О восстановлении и защите сбережений граждан Российской PERSON ) ( hereinafter “ MONEY DATE ” ) .", "LAW that law reads as follows :", "“ LAW . The ORG guarantees the restoration and preservation of the value of financial assets created by citizens of GPE by depositing monies with ORG of GPE ( before that the ORG savings banks of GPE which worked on the territory of the NORP Socialist GPE ) before DATE ; ... ”", "According to a letter from ORG “ Concerning ORG to the NORP Federation ” , dated DATE ( no . CARDINAL - CARDINAL - CARDINAL ) :", "“ ... Restoration shall apply to deposits , which by [ DATE ] were kept in ORG . However , the above - mentioned law [ LAW DATE ] does not apply to deposits made with the savings banks of other GPE , which earlier were part of the former GPE . ”" ]

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[ "The applicant was born in DATE and lives in GPE , GPE region , GPE .", "By its judgment of DATE , LOC awarded the applicant CARDINAL NORP hryvnyas ( ORG ) in compensation for pecuniary and non - pecuniary damage caused to her by PERSON Y. It appears that this judgment became final and the enforcement proceedings were initiated . No further information about enforcement of this judgment is available .", "In DATE the applicant lodged a claim with ORG against FAC ( відділ державної виконавчої служби Богунського районного управління юстиції PERSON ) , alleging the latter ’s inactivity in respect of the enforcement of the judgment of DATE and claiming compensation for pecuniary and non - pecuniary damage she had sustained as a result .", "On DATE the court found in part for the applicant and ordered the defendant to pay her a total of UAH CARDINAL . The applicant did not appeal against this judgment .", "On DATE FAC instituted enforcement proceedings . Subsequently , the latter transferred the enforcement writ to ORG ( відділ примусового виконання рішень державної виконавчої служби PERSON області ) for enforcement .", "In the course of these enforcement proceedings ORG requested ORG to replace FAC with the local department of ORG of GPE , as the debtor under the judgment of CARDINAL DATE . On DATE the court rejected this request . The applicant did not attend this hearing .", "On DATE ORG of GPE replied , upon the applicant ’s request , that the DATE ORG did not provide funds for payment of compensation for damage caused by officials of ORG .", "DATE and DATE ORG several times terminated and resumed the enforcement proceedings in respect of the judgment of CARDINAL DATE . By the decision of DATE , ORG terminated the enforcement proceedings of the judgment of CARDINAL DATE on the ground that the debtor had been liquidated . Apparently the applicant did not appeal against this decision .", "The judgment of CARDINAL DATE remains unenforced .", "The relevant domestic law is summarised in the judgment of ORG v. GPE ( no . CARDINAL/CARDINAL , § § DATE , DATE ) ." ]

[ "6", "P1" ]

[ "P1-1" ]

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[ "The applicant was born in DATE and lives in the town of GPE .", "The applicant married in DATE . The applicant and her husband were nominal but non - practising NORP at that time .", "CARDINAL children , a boy and a girl , were born to DATE respectively .", "It appears that the family lived at a house of the paternal grandparents in the village of ORG , PERSON of GPE .", "Being upset with various difficulties in the relations with her husband who was a seaman and frequently away at sea , in DATE the applicant started associating with the GPE 's Witnesses .", "NORP In DATE the mounting tensions between the spouses over the applicant 's religious interests resulted in the applicant 's decision to leave the matrimonial home together with the children . The applicant and children started living with the maternal grandparents .", "NORP In DATE the applicant was baptised as a GPE 's Witness .", "There appear to have been only occasional contacts between the applicant 's husband and the children DATE . As the applicant 's husband failed systematically to provide financial support for the upbringing of the children , in DATE the applicant filed in court a request for maintenance . On DATE the court ordered the husband to pay for the support of the children .", "On DATE the children went to visit their paternal grandparents and on DATE the grandparents refused to return the children to the applicant . The applicant submits that she has had no regular access to the children since then .", "On DATE the father filed a divorce petition in ORG of PERSON ( “ the ORG ” – ORG районный суд г. PERSON ) .", "He also submitted that he was ready to provide the children with better living and moral conditions than the applicant , that the applicant had taken the children to religious meetings with a view to converting them to the faith of the Jehovah 's Witnesses , that the children had become irritable and did not want to return to their mother , and requested the court to grant him custody of both children .", "NORP In response , the applicant accepted that the marriage had irretrievably broken down but contested the husband 's claim for custody .", "At a preliminary hearing ORG ordered a report on the issue of custody of the children to be prepared by ORG attached to ORG of the town of PERSON ( “ the Custody and Guardianship Agency ” – Орган опеки и попечительства при PERSON района г. PERSON ) .", "A letter of instruction dated DATE contained a request to report on the applicant 's living conditions and to give a conclusion concerning “ the possibility of leaving the children with her , having regard to the fact that [ the applicant ] attends [ meetings of ] the sect ' ORG ” .", "On DATE an official , U. , drew up a report on the preliminary inquiry into [ the applicant 's ] living conditions . The report described the CARDINAL room flat measuring in total QUANTITY in which the applicant , her CARDINAL parents and CARDINAL brothers were living and then stated :", "“ ... Additional information about [ the applicant 's ] family : [ the applicant ] attends [ meetings ] of the organisation ' Jehovah 's Witnesses ' ; members of the organisation sometimes meet at her home and study the relevant literature . [ The applicant 's ] parents are critical of her religion .", "I deem it , in the interests of the minor children , to be more advisable for them to live with their father ... in the village of ORG , LOC . ”", "On an unspecified date ORG added the report of DATE to the case - file .", "On DATE , upon ORG request , ORG of the Town of Makhachkala ( “ the ORG ” – ORG районного г. Махачкалы ) submitted to the court observations ( заключение ) in which it advised that custody of the children should be granted to their father .", "ORG reasoned as follows :", "“ The Custody and Guardianship Agency attached to ORG of the town of PERSON established that [ the applicant ] resided in her parents ' house ... In DATE she had married Mr PERSON , from whom she bore CARDINAL minor children : PERSON , born in DATE , and PERSON , born in DATE .", "The spouses resided in the village ORG of LOC . She worked in a neighbour village as a school teacher ; his work was related to sea trips .", "As of DATE spouses PERSON facto interrupted their marital relations . The children started living with their mother in GPE .", "Long before their divorce , [ the applicant ] began attending [ meetings of ] the religious organisation ' Jehovah 's Witnesses ' . Her attendance at [ these ] meetings which involved travelling [ to other towns ] was the reason for the discord and break - up of the family . Villagers and relatives spoke out against the conduct of [ the applicant ] .", "When living with the children in GPE , contrary to her parents ' will , she did not refrain from regularly attending the meetings of the ' FAC ' . She began actively advocating the ideas of this organisation . Sometimes her fellow believers gather together at her parents ' home and they study the relevant literature . She would also take her children to the meetings . After attending these meetings , the children became shy and irritable , they perceived the surrounding world and natural phenomena in the way the ' GPE 's Witnesses ' teaching presents it ( the children were afraid of ORG whenever it rained , they called the [ applicant 's ] mother - in - law ' Satan ' , they would not attend their classmates ' birthdays or other celebrations because the religion did not permit this ) .", "The children 's father ... was seriously concerned that the children 's association with their mother threatened their upbringing ; he was against their returning to PERSON .", "The minor children are presently living with their father . [ The son ] is now getting good marks at [ school ] ...", "On the basis of the aforementioned , considering the fact that the parents must provide each child with the possibility of growing healthy , physically and spiritually , and based on the interests of the minor children , the Custody and Guardianship Agency deems it advisable for the children to reside with their father . ”", "On DATE ORG terminated the marriage between the applicant and her husband and granted custody of the children to their father .", "ORG reasoned as follows :", "“ ... [ The spouses ] married on DATE , then resided in different locations , and since DATE in a private house of GPE in the village of ORG of GPE of GPE .", "[ They ] have children in marriage : Abdula , born on DATE , and PERSON , born on DATE .", "In DATE , having gone to visit her parents , [ the applicant ] joined the organisation ' Jehovah 's Witnesses ' . The family began to have problems and since that time they have not been living together as husband and wife . The family has split apart . The court fixed them a period for reconciliation but the parties failed to reunite and have requested to terminate their marriage .", "It follows that the family can not be preserved and the marriage should be dissolved .", "From the submissions of [ the applicant ] and her mother ... it transpires that the members of the ' Jehovah 's Witnesses ' organisation come to the flat in which [ the applicant ] and her parents reside a few times DATE to conduct their activities . Furthermore , [ the applicant ] attends the DATE meetings of the ' GPE 's Witnesses ' .", "[ The applicant 's mother ] was questioned in court and confirmed the fact that at the beginning her grandchildren had been very afraid of rain and wind and had been saying that a ' Worldwide Flood ' and an earthquake would take place . That is when [ the applicant 's mother ] learned that [ the applicant ] had been taking the children to meetings of the sect ' Jehovah 's Witnesses ' .", "From the case - file documents and the parties ' submissions it transpires that at present [ the applicant 's husband ] resides , along with his parents , in the village of ORG in a CARDINAL - storey house . The household in fact belongs to him . For DATE he works at sea and the same amount of time he spends at home .", "The children have been living with him and his parents .", "According to a certificate of a ORG , [ the applicant 's son ] has excellent results at school .", "[ The applicant ] works as a teacher and has good references .", "From a report on [ her ] living conditions it transpires that a CARDINAL - room flat is occupied by the applicant , her parents and [ the applicant 's ] CARDINAL brothers .", "The members of the ' Jehovah 's Witnesses ' organisation gather at the same place and study the relevant literature . According to a report on [ the applicant 's ] living conditions and the observations of ORG , ' the parents are obliged to provide their children with an opportunity to grow physically and spiritually healthy ; regard being had to the interests of [ the children ] , ORG considers it appropriate to grant custody [ of both children ] to their father ' .", "The court too is of the view that , having regard to the fact that [ the children ] have been living with their father for DATE and have not yet attained DATE , and also in the interests [ of the children ] as defined by sections DATE and CARDINAL of the RF Family Code , that custody should be granted to their father ... ”", "The applicant and her counsel appealed against the judgment of DATE to ORG ( “ the Supreme Court ” – PERSON коллегия по гражданским делам Верховного суда PERSON ) .", "In her grounds of appeal she argued that the first - instance judgment was discriminatory in that it had been based on the applicant 's affiliation to the GPE 's Witnesses , that the first - instance court 's findings were perverse , unsustainable and misconstrued , that the court had failed to take account of all the factors which were relevant to the case according to LAW ( CARDINAL ) of LAW ( the father 's frequent absence owing to his work at sea , the applicant 's demonstrated pedagogical competence as a professional school teacher , a prior and recent history of both parents ' involvement in the upbringing of their children , the father 's allegedly immoral adulterous behaviour , etc . ) and that the court had acted on the presumption of the GPE 's Witnesses being a dangerous organisation .", "The applicant also cited domestic jurisprudence in child custody cases and the judgment of DATE of ORG in the case of PERSON v. GPE .", "On DATE ORG , sitting in a composition of CARDINAL professional judges , examined the applicant 's appeal and by CARDINAL votes to one rejected it as unfounded .", "NORP In particular , the majority established the following :", "“ ... In making the decision that the father should have custody of the children , the trial court came to the sound conclusion that this was in the best interests of the children . The court decision is based on the conclusion of ORG and the case circumstances established in court .", "Thus the court established that the children 's mother ... who is a member of the GPE 's Witnesses organisation , took the children with her to the sect 's meetings , and involved them in associating with the sect 's members at their homes . She thereby violated the requirements of LAW , under which everyone is guaranteed freedom of conscience and religion . Under LAW ) of the LAW fundamental human rights are unalienable and belong to everyone at birth . The [ court ] finds irrelevant [ the applicant 's ] arguments that the court , by its decision , has deprived her of the right to educate her children because of her religion and membership of the GPE 's Witnesses organisation . Pursuant to LAW , [ the applicant 's ] exercise of her constitutional rights , including the right to practice any religion and her parental rights , must not impinge on the rights and freedoms of others or conflict with the interests of the children . The right of a parent to educate a child from whom he or she is living apart , is guaranteed by CARDINAL of LAW , which defines the procedure for a parent to exercise parental rights .", "The court also established that [ the applicant 's husband 's ] financial status and housing conditions are better than those of [ the applicant ] . [ The applicant 's husband ] is employed , lives with his parents , and owns a CARDINAL - storey house with the necessary living conditions for the children . [ The paternal grandparents ] do not object to their grandchildren living with them . [ The applicant ] works as a history teacher in [ a school ] in GPE . She lives in her parents ' QUANTITY , CARDINAL - bedroom flat , along with her father , mother and CARDINAL brothers , born in DATE , DATE , and DATE .", "The Custody and Guardianship Agency concluded that it was in the best interests of the children that they remain in the custody of their father ... [ The applicant 's ] argument , stated in her appeal , that the granting of custody to the father would have negative repercussions on the children 's emotional state in the future , was not substantiated . The argument that the religious organisation ORG has state registration , benefits society , and so forth , can not be taken into consideration since it is irrelevant to the matter being examined by the court . There are no reasons in [ the applicant 's ] appeal to reverse [ the first - instance judgment ] handed down in the case ... ”", "The dissenting judge gave the following opinion :", "“ ... I hold that the decision handed down by the first - instance court was subject to reversal owing to the failure to investigate the circumstances specified in section DATE ( CARDINAL ) of LAW . ”", "The applicant 's subsequent attempts to seek reconsideration of the decisions in her case by way of supervisory review were unsuccessful .", "All her respective requests were dismissed as unfounded .", "The latest decision in this respect was taken by ORG on DATE .", "The applicant alleged that her former husband had remarried and that his new wife had not attempted to assume the role or responsibilities of step - mother . In the absence of the father , who was frequently away at sea , the paternal grandmother had effectively become the sole carer .", "The applicant further alleged that she was allowed to visit her children only occasionally and could never remain with them alone .", "The Government submitted that , according to the information provided by the head of the PERSON local administration of GPE , the applicant 's children resided with their father and paternal grandparents in a CARDINAL - storey private house . They had all necessary facilities for the upbringing and education of the children . Their father had remarried and had had a third child . The applicant 's children had developed emotional ties with the third child .", "Article CARDINAL of LAW of DATE reads :", "“ Everyone shall be guaranteed the right to freedom of conscience , freedom of religion , including the right to profess , either alone or in community with others , any or no religion , to choose , have and disseminate religious or other convictions freely and to act according to them . ”", "Section CARDINAL ( on the exercise of parental rights ) of LAW of the Russian Federation provides as follows :", "“ CARDINAL . The place of the children 's residence , if the parents live apart , shall be established by an agreement between the parents .", "In the absence of an agreement , the dispute between the parents shall be resolved in court , proceeding from the children 's interests and taking into account the children 's opinion . In doing so , the court shall take into account the child 's affection for each of his parents and for his brothers and sisters , the child 's age , the moral and other personal characteristics of the parents , the relations existing between each of the parents and the child , and the possibility of creating optimal conditions for the child 's upbringing and development ( the parent 's kind of activity and work regime , their material situation and family status , etc . ) . ”", "Section CARDINAL ( on the exercise of parental rights by the parent residing separately from the child ) of the LAW provides as follows :", "“ CARDINAL . NORP The parent residing separately from the child shall have the right to communicate with the child and to take part in his upbringing and in resolving the issue of the child 's education .", "The parent with whom the child lives shall not prevent the child 's communication with the other parent , unless such communication damages the child 's physical and mental health or his moral development .", "NORP The parents shall have the right to enter into a written agreement on the way the parent residing apart from the child may exercise his or her parental duties .", "If the parents can not reach an agreement , the dispute shall be resolved in court with the participation of the guardianship and trusteeship body , upon the claim of the parents ( or CARDINAL of them ) .", "In the event of failure to abide by the court decision , the measures stipulated by the civil procedural legislation shall be applied to the respective parent . In the case of persistent failure to comply with the court decision , the court shall have the right , upon the claim of the parent residing separately from the child to take a decision on passing the child over to that parent , proceeding from the child 's interests and taking into account the child 's opinion .", "NORP The parent residing separately from the child shall have the right to obtain information on his or her child from the educational establishments and medical centres , from the institutions for the social protection of the population and from other similar institutions . The information may be refused only if the parent presents a threat to the child 's life and health . Refusal to provide information may be disputed in court . ”" ]

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[ "14", "8" ]

[ "8-1" ]

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[ "The applicants were born in DATE and DATE respectively and live in GPE .", "On DATE the applicants were in the PERSON neighbourhood , on their way to attend the funeral of CARDINAL prisoners who allegedly had been killed by the security forces . Police officers were arresting at random people in PERSON who were walking on the street , waiting at the bus stop or driving their cars . When the applicants arrived in the neighbourhood , they were beaten by police officers and they were subsequently arrested together with many others . This was a notorious incident that had attracted media and public attention .", "Following their arrest , the applicants were taken to a bus where they were beaten and insulted . They were brought to FAC along with CARDINAL people who were arrested randomly . In the stadium they were again beaten and insulted . Their identity cards , money and valuables were seized by the police officers .", "While the applicants were held in FAC their friends filed a petition with ORG requesting to have them brought before the competent public prosecutor . ORG rejected their request . The court stated in its written reply that the public prosecutors were entitled to authorise the prolongation of the detention period of suspects for DATE in respect of crimes committed by CARDINAL or more persons . Thus it concluded that it did not have jurisdiction to take any decision at this stage .", "The applicants were released on DATE .", "On DATE the applicants filed a complaint with the office of ORG concerning the treatment to which they were subjected when they were held by the police in FAC . They requested the public prosecutor to order their examination by a forensic expert . The prosecutor agreed to their request .", "On DATE the applicants were examined by a doctor at ORG . According to the medical report the first applicant was suffering from bruising of QUANTITY in diameter on her right shoulder and shoulder blade , pain in her shoulders and neck , a bruise of QUANTITY in diameter on the right hip and marks of bruising on the exterior of her thigh . It was also noted that , before a final conclusion on her health situation was reached , the applicant had to be examined in a hospital as she had vaginal bleeding .", "As regards the second applicant it was recorded in the medical report that he had a bruise of QUANTITY in diameter on the right shoulder , a bruise of QUANTITY in diameter on the right arm , a bruise of QUANTITY in diameter on his back and a bruising of QUANTITY in diameter on the left shoulder and around the shoulder - blade . He was also complaining of pain in his legs . The report concluded that the applicant would be unfit for work for DATE .", "On DATE ORG decided to transfer the preliminary investigation file to LOC GPE in accordance with the law on the prosecution of civil servants . At a later stage the file was transferred to ORG .", "On DATE the applicants , together with some others who had been arrested on DATE and allegedly subjected to ill - treatment by the police officers , filed a petition with ORG . They requested the prosecutor to initiate an investigation concerning their arbitrary arrest and the ill - treatment to which they had been subjected to . ORG transferred this request as well to ORG .", "On DATE ORG issued a decision to commit the police officers for trial .", "On DATE the applicants lodged an objection with ORG against the decision of ORG , arguing that the chief of police in LOC should have also been committed for trial together with the other police officers . On DATE ORG upheld the decision of ORG and rejected the objection concerning the prosecution of the chief of the police department .", "On an unspecified date ORG filed a bill of indictment with ORG against the police officers who had allegedly ill - treated the complainants , including the applicants .", "On an unspecified date ORG decided to transfer the case - file to ORG for security reasons . At a later stage ORG decided to transfer the case - file to ORG on the same grounds .", "On DATE ORG held that there was a possibility that the applicants had suffered from the ill - treatment allegedly inflicted by the accused police officers and it therefore accepted the applicants ' request to intervene in the criminal proceedings . During the hearing the applicants gave a detailed account of the events of DATE .", "On DATE a doctor at ORG drafted the final medical report concerning the first applicant . The doctor concluded that , considering the findings of the medical examination of DATE , she would be unfit for work for DATE .", "On DATE ORG acquitted the police officers on the ground that there existed no evidence in the case file to identify which of the accused police officers were responsible for the alleged ill - treatment .", "On DATE ORG quashed the decision of ORG , holding that LAW . DATE on suspension of proceedings and the execution of sentences regarding offences committed before DATE was applicable in this case .", "According to the ORG , the applicants were not amongst the CARDINAL persons who were arrested and subsequently taken to FAC .", "A description of the relevant domestic law at the material time can be found in GPE and Others v. GPE ( nos . LOC and MONEY , § § CARDINAL , DATE ) ." ]

[ "3", "5" ]

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[ "The applicants , whose names appear in the appendix , are NORP nationals . They were living in the city of ORG at the time giving rise to these applications . They are represented before the ORG by Mr GPE GPE , a lawyer practising in GPE .", "The facts of the case , as submitted by the parties , may be summarised as follows .", "On DATE , in the district of ORG , clashes occurred between security forces and ORG militants . The clashes started at TIME , just after the ORG militants had attacked the security forces . Thereafter all the policemen , the special teams and soldiers in ORG started to fire at random . The clashes lasted TIME . The security forces used heavy weapons , canons , tanks and CARDINAL helicopters . As a result of the clashes CARDINAL people died , CARDINAL people were wounded and CARDINAL shops and CARDINAL houses were destroyed .", "Shortly after the beginning of the clashes the soldiers ordered the inhabitants of ORG to go to their homes . All the roads in and out of ORG were sealed off during the incident for security reasons . A curfew was then imposed with immediate effect . The curfew lasted until DATE .", "In the meantime , it was broadcast on radio and television that ORG , General PERSON , had been shot dead by the ORG and that CARDINAL people had been killed , many people had been wounded and CARDINAL shops and houses had been destroyed in the raid by the ORG .", "After the incidents , ORG opened an investigation into the deaths of CARDINAL people and injuries to CARDINAL others , as well as the destruction of property in the city . The security forces prepared an incident report and drew up a sketch map of the manner in which the clashes occurred .", "ORG found that the events of DATE had begun at TIME when a group of ORG terrorists , who were hiding in the LOC on the side of the ORG road , opened fire on a police minibus belonging to ORG . Then the ORG militants , who were positioned in various central areas of ORG , opened fire with longrange weapons on ORG , ORG , ORG and public buildings . Brigadier General PERSON was shot dead while he was in the PERSON Headquarters’ garden . The clashes occurred shortly after the security forces’ response to the ORG attack . The clashes were intense TIME ORG noted the names of the people killed or injured as well as the number of buildings destroyed during the clashes . He further noted that CARDINAL people had been arrested after the clashes as a result of the investigation and that they had been transferred to ORG at ORG .", "On DATE the ORG Governor , PERSON , and ORG , PERSON , arrived in ORG . PERSON addressed the public gathering and said , “ No one can oppose the ORG . We will crush those who do so ... It is a pity for those who died . ” PERSON , the ORG Governor , made a public announcement that people would be compensated for the damage they had suffered .", "The Government also considered the ORG incidents a national disaster and promised to compensate the loss sustained by the victims of ORG from the disaster fund earmarked in the DATE budget .", "On DATE ORG issued a decision of nonjurisdiction on the ground that the incidents fell within the jurisdiction of ORG . He sent the investigation file to ORG office at ORG in accordance with LAW no . CARDINAL .", "In DATE the applicants all applied to ORG ( sulh hukuk mahkemesi ) for an assessment of the damage they suffered as a result of the clashes . The court appointed CARDINAL experts to determine their damage . The experts submitted damage assessment reports to the court . They concluded that CARDINAL shops and CARDINAL houses had been destroyed . They also indicated in their report the nature and the amount of the damage suffered by each of the applicants .", "The nature of the destroyed property is set out in the appendix . The applicants preferred not to indicate to the ORG the amount of their damage , as assessed at the time , due to the high inflation rates in GPE which have distorted the original evaluations .", "The criminal proceedings concerning the killing of people and the destruction of property in ORG are still pending before ORG office at ORG .", "A description of the relevant domestic law may be found in the ORG and Others v. GPE judgment of DATE , Reports of Judgments and Decisions DATE , LAW DATE , the Menteş and Others v. GPE judgment of DATE , Reports CARDINAL , § § CARDINAL ; the PERSON and PERSON v. GPE judgment of DATE , Reports CARDINAL-II , § § DATE ; the GPE v. GPE judgment of CARDINAL DATE , Reports CARDINAL , § § DATE ; the PERSON v. GPE judgment of DATE , to be published in Reports of Judgments and Decisions ." ]

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[ "The first applicant is Mr PERSON , who was born in DATE . The second applicant , PERSON ORG ( born in DATE ) , is the wife of the first applicant . The third , fourth and fifth applicants , PERSON PERSON PERSON ( born in DATE ) , PERSON PERSON ( born in DATE ) and ORG junior ( born in DATE ) , are the children of the first and second applicants .", "The sixth , seventh , eighth and ninth applicants , PERSON van PERSON ( born in DATE ) , PERSON PERSON ( born in DATE ) , PERSON ORG born in DATE ) and GPE PERSON ( born in DATE ) , are children of the first applicant born out of previous relationships .", "The first applicant is currently serving a prison sentence in GPE . The other applicants are all resident in GPE , with the exception of the ninth applicant who resides in GPE .", "The first applicant , hereinafter referred to as Mr Lorsé , was taken into police custody ( in verzekering gesteld ) on DATE and subsequently placed in detention on remand ( voorlopige hechtenis ) . He was initially detained in ordinary remand institutions ( huizen van bewaring ) .", "Mr PERSON was convicted of drugs and firearms offences . He was sentenced at first instance to DATE imprisonment and a fine of MONEY ( NLG ) . On appeal the prison term was increased to CARDINAL years’ imprisonment , the fine remaining the same . His conviction and sentence became final on DATE when his appeal on points of law was rejected by ORG ( PERSON ) . He is now serving that sentence . He will be eligible for provisional release no sooner than DATE . It would appear that he has been sentenced in GPE to a DATE prison sentence for drugs - related crimes but that the proceedings there are still pending .", "On DATE , while the criminal proceedings were still pending , Mr Lorsé handed his counsel a letter from the prison authorities from which it appeared that it was intended to place him ( Mr Lorsé ) in an extra security institution . On DATE Mr Lorsé was transferred to ORG ( PERSON Extra PERSON , “ TEBI ” ) , part of the PERSON Penitentiary Complex in FAC .", "By a letter of CARDINAL DATE the Minister of ORG informed PERSON Lorsé that apart from the fact that he was suspected of very serious crimes , official information ( ambtsberichten ) was available from which it appeared that he was likely to use violence in an attempt to escape . Reference was made to the fact that he had already once managed to avoid being arrested , endangering human life in so doing . Reference was also made to the prison sentence awaiting him in GPE . In these circumstances it was considered that public order would be severely affected should Mr Lorsé manage to escape .", "Mr PERSON was subsequently notified , by letters couched in similar terms and dated DATE , CARDINAL DATE , CARDINAL DATE , DATE , DATE , DATE and DATE , of the prolongation of his detention in the ORG and DATE following the rejection of his appeal on points of law on DATE in the Extra Security Institution ( Extra PERSON , “ ORG ” ) .", "On a number of occasions Mr Lorsé made use of legal remedies to protest against his placement , and the prolongation of that placement , in the ORG . On DATE , for example , Mr Lorsé , through his counsel , lodged an appeal to ORG ( beroepscommissie ) of ORG ( Centrale PERSON ) against the decision of DATE to prolong his placement . In addition to stating that there was no factual justification for his continued detention in the ORG , he complained about the regime which he described as “ ill - befitting a state governed by the rule of law ” . Privacy was entirely lacking . Human contact with his wife and children was excessively restricted , any kind of intimacy with them being impossible . His psychological and physical health were affected , the symptoms being DATE headaches , shaking and loss of concentration , and he had had to seek the help of the prison psychologist . He referred to the findings of ORG for the Prevention of Torture and Inhuman and Degrading Treatment or Punishment ( CPT – see below ) .", "ORG gave its decision on DATE . It noted that there had been no new information since DATE which would tend to justify the fear that Mr PERSON might attempt to escape . Moreover , the remainder of his sentence had significantly decreased and that , together with the nature of the offences of which he had been convicted , reduced the prospect that public order would be affected if he did escape . Finally , his behaviour was reported to be good . In these circumstances any doubt should benefit Mr Lorsé . Accordingly , the competent authorities were ordered to reconsider their decision within DATE taking the decision of ORG into account .", "On DATE a placement officer of ORG ( ORG – “ ORG ” ) recommended that Mr PERSON should remain in the ORG . Mr PERSON ’s situation was described as “ relatively stable ” , the fact that his prolonged detention in the ORG was becoming more and more of a burden to him being “ a normal reaction to a situation that [ was ] in many respects relatively extreme ( waarbij het feit dat een verblijf in de EBI steeds zwaarder gaat wegen een normale reactie is op een in veel opzichten betrekkelijk extreme situatie ) .", "The Minister of ORG gave a new decision on DATE , again prolonging Mr PERSON ’s detention in the ORG . It was stated that a new decision had been made taking into account advice given by the governor of the PERSON penitentiary complex and the decision of ORG . In addition , reference was made to official information dated DATE from which it appeared that there was new and recent information to the effect that Mr Lorsé still constituted an increased security risk . The nature of this information was not disclosed but it was concluded that Mr PERSON was planning an escape with help from outside the institution and possibly involving the use of violence against persons . Reference was also made to the prison sentence which he would have to serve in GPE . Finally , the Minister was of the opinion that in view of inter alia the seriousness of Mr Lorsé ’s offences , public order would be seriously affected if PERSON managed to escape . Thus , although account had been taken of the decision of ORG , this latter decision could not prevail over the new official information .", "Mr Lorsé ’s detention in the ORG was again extended on DATE , since official information of DATE and DATE indicated that he still posed an increased security risk . In its decision of DATE on Mr Lorsé ’s appeal against the prolongation of his placement in the ORG , ORG noted his arguments to the effect that his protracted stay in the ORG had negative effects not only on him but also on his relatives , and that he had referred to the present complaint lodged with the ORG . PERSON had also submitted the report of the psychiatrist PERSON ( see paragraph CARDINAL below ) . ORG rejected the complaint , finding that in the absence of facts or circumstances militating against a continuation of Mr PERSON ’s detention in the ORG , the decision to prolong his placement was lawful and that , weighing up all the interests involved , it could not be considered unreasonable or unjust . ORG noted that it had taken into account the arguments raised by Mr Lorsé relating to his psychological condition .", "By a letter dated DATE the Minister of ORG informed PERSON Lorsé of a further prolongation of his detention in the ORG . Reference was made to inter alia official information of DATE according to which Mr Lorsé still posed an increased security risk . There were indications that an attempt at escape would in all likelihood involve the help of co - detainees and/or persons outside the institution and the use of violence , inter alia through explosives , against persons .", "On DATE Mr Lorsé lodged an appeal against the prolongation of his detention at the ORG with ORG , arguing that the official information of DATE had no basis in fact and further submitting that his continued detention at the ORG constituted a violation of LAW and CARDINAL of the Convention , not only with respect to himself but also with respect to his wife and children .", "On DATE ORG rejected the appeal , finding that the risk that Mr Lorsé might escape was still too great to justify detaining him anywhere else than in a maximum security institution . It further considered that its task was to examine the decision to prolong Mr PERSON ’s detention in the ORG , and not the regime pertaining in that institution as such . For that reason , ORG declined to rule on the complaint under LAW . As to the complaint of a violation of LAW , ORG considered that the second paragraph of that provision allowed for an interference with the right to respect for private and family life as long as such interference was in accordance with the law and was necessary in a NORP society in the interest of , inter alia , the prevention of disorder and crime . ORG concluded once more that in the absence of facts or circumstances militating against a continuation of Mr PERSON ’s detention in the ORG , the decision to prolong his placement was lawful and that , weighing up all the interests involved , it could not be considered unreasonable or unjust .", "Besides lodging appeals with ORG to contest the extension of his maximum security detention , Mr Lorsé , while still detained on remand , also applied for an interim injunction ( kort geding ) against the ORG on CARDINAL occasions , arguing that his placement in the ORG was unlawful . Both applications were rejected , in DATE and DATE respectively .", "On DATE Mr PERSON was transferred from the ORG to a prison in GPE with a different regime . Of all prisoners who have been subjected to the maximum security regime in the GPE , PERSON PERSON was by far the longest - serving .", "Mr PERSON ’s psychological condition was examined on a number of occasions . On DATE Mr V. , the head of ORG of the ORG , submitted an advisory opinion to the Minister of ORG concerning the prolongation of Mr Lorsé ’s placement at the ORG . His report of that date stated :", "“ ...", "The ORG has previously reported on [ Mr Lorsé ] on DATE ... At that time it was reported that [ Mr Lorsé ] , who has been detained in the ORG since DATE , was finding it increasingly difficult to cope with his stay there . [ Mr Lorsé ] appeared to have reversed his day - night rhythm . [ Mr Lorsé ] had no contacts with the prison ’s medical and mental health care team . It was reported that , all in all , a picture was beginning to emerge of a man for whom the stay in the ORG was becoming increasingly difficult to bear , with adverse consequences for his functioning . It was advised that an attempt be made to restore contacts with the medical and health care team so that the reaction to a renewed perspective of a further long stay in the ORG might be monitored .", "The report of DATE shows ups and downs with more pronounced and more frequent mood swings , especially lately . Apart from the long duration of the stay in the ORG and the lack of contact with the family , the changes in the composition of the [ ORG ] population also ... appear to play a role .", "All in all , I am of the opinion that the stay in the ORG is increasingly difficult to bear for Mr Lorsé , and , barring concrete evidence regarding the likelihood of an escape attempt , that a transfer is to be preferred on psychosocial grounds alone . ”", "On DATE Mr Lorsé was seen , in the ORG , by an independent psychiatrist , PERSON , at the request of his lawyer . Dr S. reported as follows :", "“ I am unable to make a definite psychiatric diagnosis from a single psychiatric examination ; in particular , there are insufficient indications to diagnose a depression .", "There are , nevertheless , a number of indications suggesting that [ Mr Lorsé ] is suffering under the protracted isolation ; he thus describes memory and orientation disorders as well as signs of depersonalisation which clearly point to that being the case .", "[ Mr Lorsé ] is a man ... who has learned to survive through toughness . It is debatable whether the psychological carapace he has built up over DATE will be capable of withstanding the current extreme isolation , and it is , in my opinion , important therefore that a close eye be kept on him . Should he decompensate in a depressive sense – the risk of which is certainly not hypothetical – this will not be without danger : in such a situation a risk of suicidal actions is not to be underestimated . ”", "On DATE , DATE after his transfer from the ORG , PERSON PERSON was seen by a different independent psychiatrist , PERSON , who had been requested by his lawyer to examine the psychological consequences of Mr PERSON ’s stay in the ORG . According to Dr C. , Mr PERSON was suffering from a moderately serious ( matig ernstig ) depression with endogenous features , moderately serious panic attacks and a conditioned avoidance response . Although PERSON was not found to be suicidal , he was troubled by nightmares relating mainly to suicide . He was also irritable and suffered regular panic attacks . CARDINAL of the reasons for this psychiatric condition was the fact that contact with his wife and children was seriously disrupted . He was incapable of working , either alone or with others , and his activity level was very much reduced . PERSON expressed the opinion that there was a causal link between the outward symptoms of the depression as well as the psychiatric disorders he found and PERSON long period of detention in the ORG . These disorders were becoming more marked now that PERSON Lorsé had more opportunities to have contacts with other people following his transfer from the ORG . His isolation in the ORG meant that his complaints were less visible to the outside world and he was in a better position there to fight against them . Now that he was receiving more attention , including some from social workers in the prison , there was a lowering of his resistance and fighting spirit against his helplessness and feelings of abandonment .", "After PERSON report had been transmitted to the Government , they requested PERSON , a forensic psychiatrist employed by ORG of ORG , to examine Mr Lorsé in order to find out whether he was indeed suffering from the psychiatric disorders described by PERSON and , if so , whether these disorders were related to his detention in the ORG . Dr NORP saw Mr Lorsé twice , in DATE and DATE , and she noted in her report of CARDINAL DATE that during these meetings he had not displayed any symptoms of a disturbance of a depressive nature . She replied to the questions put by the ORG that at the time of her examination , Mr Lorsé was not suffering from a “ moderately serious depression ” . Although immediately after his transfer from the ORG he had had mild symptoms of an unspecified adjustment disorder , this was now in complete remission . PERSON acknowledged that this disorder was probably directly related to his prolonged detention in the ORG , but noted that most people who were detained in semi - isolation or maximum security facilities reacted in a similar manner . In PERSON opinion , Mr PERSON would have presented a similar profile if he had been detained in any other closed penal institution with rules similar to those in the ORG or semi - isolation facilities .", "In a note dated DATE , the general practitioner of the third , fourth and fifth applicants described these children as being seriously traumatised as a result of the lack of contact with their father .", "At the request of Mr Lorsé ’s lawyer , the probation services ( ORG ) issued an advisory report on DATE describing the situation of Mr PERSON ’s wife and their CARDINAL children ( i.e. the second to fifth applicants ) . Superficially , they seemed to have managed to cope with the problems they had faced in DATE . However , the very limited possibilities for contact with Mr Lorsé were causing problems . The fourth applicant had developed anorexia nervosa DATE previously . The second applicant felt unable to discuss relationship problems with her husband knowing that everything that was said would be recorded and could be used against her husband . In the report , the family was described as “ psychological wreckage ” ( psychisch wrakhout ) . The process which the CARDINAL children were going through in relation to their father was likened to a process of mourning . In conclusion , the probation services supported the appeal which Mr Lorsé had instituted against the prolongation of his placement in the ORG .", "In an information report ( voorlichtingsrapport ) of DATE , again requested by Mr PERSON ’s lawyer , the probation services stated that the term “ psychological wreckage ” was still fully applicable to Mr Lorsé ’s family .", "All GPE penal institutions fall into CARDINAL of CARDINAL security categories , ranging from very limited security ( FAC beperkt beveiligd ) to extra security ( extra beveiligd ) . The Minister of Justice lays down criteria according to which prisoners are to be selected for each such category ( LAW and DATE LAW beginselenwet ) .", "The actual selection is carried out by a Ministry of Justice placement officer ( Article CARDINAL § § CARDINAL and CARDINAL of the DATE LAW ) .", "NORP EBIs are intended for prisoners who , in descending order of importance ,", "a ) are considered extremely likely to attempt to escape from closed penal institutions and who , if they succeed , pose an unacceptable risk to society in terms of again committing serious violent crimes ; or", "b ) if they should escape , would pose an unacceptable risk to society in terms of severe disturbance of public order , the risk of escaping being , as such , of lesser importance .", "A special ORG circular governs decisions to detain a prisoner in an extra security category institution or ORG ( ORG circular no . CARDINAL of DATE ) . In principle , placements in the ORG are made from an ordinary custodial institution . The governor of the custodial institution submits a proposal to the placement officer , giving reasons why the persons concerned should be detained in the ORG . Before submitting this proposal , the governor requests information about the person concerned from the secretary of a special ORG selection board , which comprises a representative of ORG , a psychologist and a representative of the board of governors of the ORG in FAC . The secretary having obtained such information from various sources , the governor then discusses his proposal with the detainee . Finally , he completes his report by adding the detainee ’s comments and any objections he may have , and submits his proposal to the selection board .", "The placement officer considers the proposal , consults with the governor and interviews the detainee . He then draws up his own report on the governor ’s proposal and submits it to the selection board secretary . If the detainee is serving a long sentence or if a psychologist considers it necessary , it may be forwarded to ORG , which is responsible for issuing recommendations on the psychological aspects of the enforcement of custodial sentences and orders . The ORG is always consulted about first placements . The case is subsequently discussed by the selection board , chaired by the placement officer .", "The decision to detain a prisoner in an ORG is reviewed DATE . The ORG governor must submit a behavioural report ( gedragsrapportage ) on the detainee at corresponding intervals . Prior to the decision to prolong the placement in the ORG , the detainee is interviewed by the placement officer . In all other respects the procedure is the same as the placement procedure .", "Decisions as referred to above are nominally those of the Minister of ORG .", "The DATE LAW and ORG ) apply in full to detainees in the ORG , giving them the same rights and obligations as detainees in ordinary institutions . A number of security measures is built into the regime , and detainees are under surveillance at all times outside their cells . These special arrangements are set out in the ORG house rules ( PERSON model huisregels ORG , CARDINAL DATE , CARDINAL/CARDINAL/DJ , Government Gazette DATE , no . CARDINAL ) . The following are features of the ORG regime :", "– all contacts with the outside world are screened ; all correspondence and telephone calls ( twice a week for TIME ) are screened except for those with privileged contacts ; detainees must be separated from their visitors ( CARDINAL visit DATE for TIME ) by a transparent partition ( “ closed visits ” ) ; members of their immediate families , spouses and partners may visit once a month without such partition ( “ open visits ” ) , although physical contact is restricted to a handshake on arrival and departure ; visitors must submit to a search of their clothes ( frisking ) before an “ open ” visit ;", "– only CARDINAL detainee at a time may come into contact with staff , and CARDINAL staff members must be present ; for this purpose , special corridors have been built leading to areas where group activities take place ; these areas are under camera surveillance or supervised by staff who are physically separated from inmates by a partition ;", "– detainees may take part in sports at least twice DATE ; they may spend TIME a day outdoors and may also use the exercise yard at fixed times during recreation periods in their programme ; they are entitled to spend TIME a week engaging in group recreation ;", "– CARDINAL people at a time may take part in group activities ;", "– detainees who leave the premises must be handcuffed , for instance when going to court or for hospital treatment ; they may also be handcuffed inside the ORG , in areas where they might have access to objects with which they could injure staff or take hostages , for example when visiting the hairdresser ’s or the clinic , or when being escorted to “ open ” visits ;", "– cells are periodically ( in practice : DATE ) subjected to a more thorough search ; at the same time or immediately afterwards the detainees are frisked and strip - searched ; the strip - search , which involves an external viewing of the body ’s orifices and crevices , including an anal inspection , is carried out in a closed room and , whenever possible , by a person of the detainee ’s own gender ;", "– frisking and strip - searching also takes place", "▪ on arrival in and release from the ORG", "▪ before and after “ open ” visits", "▪ after visits to the clinic , the dentist ’s surgery or the hairdresser ’s ;", "– the ORG governor , or in urgent cases an ORG officer or employee , may decide that the detainee must be subjected to an internal body search if this is considered necessary to prevent the maintenance of good order or safety within the prison being endangered , or to protect the detainee ’s own health ; an internal body search is usually carried out by a doctor but he may also instruct a nurse to carry out the search .", "If a prisoner wishes to contest the decision either to place him in the ORG or to prolong such placement , he could , at the time relevant to the present case , file an appeal to the CARDINAL - member ORG of ORG for ORG ( LAW ) . ORG , which was superseded by ORG on DATE , was constituted of members appointed and dismissed by LAW . Its duties included advising the Minister of ORG , at the latter ’s request or proprio motu , on matters concerning the application of policy and legal rules relating to the prison system ( Articles CARDINAL § § CARDINAL and CARDINAL sub CARDINAL of LAW DATE Beginselenwet gevangeniswezen ) . It also had other duties , including the hearing of appeals .", "If ORG considered the appeal well - founded , it could instruct the Minister to make a new decision in which its own decision was to be taken into account , for which it could set a time - limit . It could also rule that its decision was to take the place of the decision appealed against , or confine itself to annulling the latter decision ( Article CARDINAL § § CARDINAL and CARDINAL taken together with LAW ) .", "A number of persons detained in the ORG has in the past instituted interim injunction proceedings , sometimes together with close family members , in order to have the regime , or certain aspects of it , relaxed . However , in cases decided under domestic law it has been held that where pursuant to prison law an administrative remedy , with sufficient procedural safeguards , is available against a particular decision , there is no room for an injunction decision that is in conflict with a decision made in the administrative proceedings ( see , mutatis mutandis , ORG judgment of DATE , PERSON ( GPE Law Reports ) DATE , no . CARDINAL ; and the judgment of ORG ( Gerechtshof ) of GPE of DATE , case no . CARDINAL/CARDINAL KG , relating specifically to aspects of the ORG regime ) . In cases where such an administrative remedy was available and where detainees and family members instituted injunction proceedings jointly , it has been argued on behalf of the ORG that those family members should await the outcome of the administrative proceedings even if the family members themselves may not appear as parties to those proceedings . In the aforementioned judgment of ORG it was held that the interests of family members must be deemed to have been taken into account in the administrative proceedings .", "In interim injunction proceedings instituted by an ORG detainee , his wife and one of his children , in which one of the points at issue was the ORG governor ’s refusal to allow the detainee to conduct telephone conversations in NORP , counsel for the ORG had argued on appeal that the request for an interim injunction should be declared inadmissible , since the detainee ’s complaint had already been dealt with by ORG . However , by judgment of DATE , ORG declared the appeal admissible because , ORG having ruled on the detainee ’s complaint by then , there was no longer an administrative procedure pending which had to be disposed of on penalty of his civil proceedings being declared inadmissible . ORG then proceeded to reject the request for an interim injunction since ORG in its decision had considered the decision of the ORG governor lawful and the proceedings before ORG were deemed to have sufficient procedural safeguards ( case no . QUANTITY , PERSON ( “ Interim Injunction Law Reports ” ) DATE , no . CARDINAL ) .", "In a decision of CARDINAL DATE ( case no . CARDINAL/CARDINAL , GPE ( “ Sanctions ” ) DATE , Issue CARDINAL , no . CARDINAL ) , in proceedings lodged by CARDINAL detainees who argued that the maximum security regime was in violation of inter alia LAW , the President of ORG ordered the ORG to amend the regime in such a way that detainees be given more time to telephone their lawyers and that they be allowed visits from members of their immediate family without a glass partition and with a modicum of physical contact . Visiting regulations were subsequently changed in line with this judgment .", "The ORG visited the GPE from CARDINAL until DATE . Its findings with regard to ORG ( PERSON Extra PERSON – Temporary Extra Security Institution ) and the ORG were the following ( ORG to ORG on the visit to the GPE carried out by ORG for the Prevention of Torture and Inhuman and Degrading Treatment or Punishment ( ORG ) from DATE , ORG ( DATE ) CARDINAL , excerpt ) :", "“ DATE . The FAC , which is located in a heavily - wooded area of FAC , began life in DATE as a prison for CARDINAL young offenders , and has since expanded to become one of the largest prison complexes in the GPE . At the time of the ORG ’s visit , it had a total capacity of CARDINAL places for young offenders and adult male prisoners .", "The focus of the ORG ’s visit to the establishment was the national ‘ extra security institution’ ( unit CARDINAL ) , which provides CARDINAL places for prisoners who have been deemed likely to attempt to escape using violence ( CARDINAL places for remand prisoners and CARDINAL places for convicted inmates ) . The unit is located in CARDINAL distinct buildings : the CARDINAL ‘ temporary extra security institution’ ( Tijdelijk Extra PERSON ) opened in DATE and is physically located in CARDINAL wing of unit CARDINAL , while the CARDINAL , custom - built , ‘ extra security institution’ ( Extra PERSON ) was completed in DATE .", "b. material conditions", "The cells seen by the ORG ’s delegation in both ORG and ORG buildings were of a reasonable size for single occupancy ( TIME ) , appropriately furnished ( bed , chair , storage cupboard and table ) and equipped with a lavatory and wash basin .", "In - cell artificial lighting was of a good standard in both buildings ; however , access to natural light was noticeably poorer in the ( T)EBI ( where the cell windows are partially obscured by frosted glass panels ) than in the ORG . The ventilation in the ( ORG cells also left something to be desired . A number of the ( ORG prisoners interviewed by the delegation complained about these shortcomings .", "The ORG recommends that steps be taken to improve access to natural light in cells in the ( ORG . The visiting delegation was informed that work to improve the ventilation system in the ( ORG was due to begin in DATE ; the ORG would like to receive confirmation that this work has now been completed , together with details of the improvements involved .", "More generally , while the ORG was located in bright and reasonably spacious LOC , ORG ( which is also known as the ‘ oud ORG or ‘ old ORG ) was a markedly more cramped facility . The ORG would like to be informed of whether the NORP authorities plan to close the ‘ temporary’ extra security institution in the foreseeable future .", "c. regime", "The ORG ’s views on the nature of the regime which should be offered to prisoners held in special security units were set out in detail in the report on its DATE visit to the GPE . In that context , the ORG welcomed the recommendation of ORG that any future ORG should have ‘ as normal a regime as PERSON .", "In its DATE report , the ORG stressed that prisoners should enjoy a relatively relaxed regime ( able to mix freely with the small number of fellow prisoners in the unit ; allowed to move without restriction within what is likely to be a relatively small physical space ; granted a good deal of choice about activities , etc . ) by way of compensation for their severe custodial situation . Special efforts should be made to develop a good internal atmosphere within such units . The aim should be to build positive relations between staff and prisoners . This is in the interests not only of the humane treatment of the unit ’s occupants but also of the maintenance of effective control and security and of staff safety . The existence of a satisfactory programme of activities is just as important – if not more so – in a special detention unit as on normal location . It can do much to counter the deleterious effects upon a prisoner ’s personality of living in the bubble - like atmosphere of such a unit . The activities provided should be as diverse as possible ( education , sport , work of vocational value etc . ) As regards , in particular , work activities , it is clear that security considerations may preclude many types of work activities which are found on normal prison location . Nevertheless , this should not mean that only work of a tedious nature is provided for prisoners . In this respect , reference might be made to the suggestions set out in paragraph CARDINAL of the Explanatory Memorandum to Recommendation No . R(CARDINAL)CARDINAL of ORG .", "The current regime in the ( ORG and ORG units is governed by a circular which was issued by ORG on DATE ( cf . document CARDINAL ) . According to the circular :", "‘ The extra security institution ( ORG ) at ORG has a limited communication regime . A differentiation of regimes is referred to within the ORG , where a distinction is made between what is known as the A regime , where greater restrictions apply , and the B regime , with less extreme restrictions .", "Groups of CARDINAL and a maximum of CARDINAL inmates take part in activities . Under the B regime , a maximum of CARDINAL inmates takes part in communal activities , while the maximum number is CARDINAL under the A regime . Communal activities involve only inmates from a single section .", "For security reasons , staff in contact with inmates must always outnumber the inmates , or must even be completely separated from them physically by a transparent ( glass ) wall . Moreover , with a view to the safety of the staff concerned , in those cases covered by LAW , sub - sections CARDINAL , chapter III , of the internal regulations of ORG , inmates’ movements are restricted by handcuffs.’", "The delegation found that , in practice , out - of - cell time in the ( ORG and ORG on DATE varied from a minimum of TIME ( of outdoor exercise ) to a maximum of CARDINAL ( of outdoor exercise / recreation and/or sport ) . Depending upon the regime in which an inmate had been placed ( A / B ) and the group to which they had been allocated , these activities would take place with CARDINAL other inmates .", "The outdoor exercise yards in the ORG were of a reasonable size and a ‘ running strip’ was available for inmates who wished to engage in more strenuous physical activities . The exercise yards in the ( ORG were also large enough to enable prisoners to exert themselves physically ; however , their cage - like design rendered them rather oppressive facilities .", "During recreation periods ( of TIME ) , inmates were allowed access to communal areas where they could associate with each other , cook and eat their own food , use a computer and/or play games including table tennis .", "As regards facilities for sport , each of the CARDINAL units in the ORG was equipped with an impressive array of exercise equipment , located in a lofty glass atrium . However , inmates only had access to this equipment for CARDINAL or TIME sessions per week . Again , the equivalent facilities in ORG were of a lower standard . The ORG also had a large and well - equipped gymnasium but , at the time of the visit , it appeared that comparatively little use was being made of this facility .", "There were no organised education activities . There was also no out - of - cell work ; some in - cell work was offered to inmates , but it was of a very unchallenging nature ( e.g. stringing plastic curtain hooks onto short rods ) .", "All inmate activities within ORG and ORG were subject to a high level of staff surveillance ( which is perfectly understandable in a unit of this type ) ; however , direct contacts between staff and inmates were very limited ( staff and inmate usually being separated by armoured glass panels ) . This is not conducive to building positive relations between staff and prisoners . Contact with non - custodial staff – including medical staff DATE was also subject to a number of very significant restrictions ( ... ) .", "It should also be noted that prisoners were regularly strip - searched ( a practice euphemistically referred to as ‘ visitatie’ ) . Such searches – which included anal inspections – were carried out at least once DATE on all prisoners , regardless of whether the persons concerned had had any contact with the outside world .", "Concerning contact with the outside world , it should be noted that the house rules for ORG and ORG units provide that prisoners have the right to receive CARDINAL visit of TIME from family members and other persons approved in advance by prison management . In principle , visits took place under ‘ NORP conditions ( i.e. through an armoured glass panel in a visiting booth ) . Prisoners also had the right to request CARDINAL ‘ CARDINAL visit per month from family members ; however , physical contact during such visits was limited to a handshake on arrival and leaving . Prisoners and their families remained separated by a table equipped with a chest - high barrier and prison staff stood directly behind the prisoner throughout the visit . A number of inmates interviewed by the delegation indicated that , given the upsetting effects which these restrictions had had upon their families , they no longer requested ‘ PERSON visits .", "To sum up , prisoners held in the ( ORG and ORG units were subject to a very impoverished regime . They spent too little time out of their cells ; when out of their cells they associated with only a small number of fellow inmates and their relations with staff and visitors were very limited ; consequently , they did not have adequate human contact . Further , the programme of activities was underdeveloped . This was particularly the case as regards education and work . However , even as regards sport , inmates had insufficient access to the very good facilities available . Moreover , certain aspects of the regime ( in particular , systematic strip - searching ) did not appear to respond to legitimate security needs , and are humiliating for prisoners .", "DATE . The delegation ’s lengthy interviews with CARDINAL prisoners held in the ( T)EBI and ORG indicated that the regime as a whole was having harmful psychological consequences for those subjected to it . Indeed , the interviews revealed a consistent association of psychological symptoms which appeared to have been induced by the regime . The inmates concerned displayed the following symptom profile :", "- feelings of helplessness , which took the form of a disturbance of normal identity and severe difficulty of projection into the future ; in certain cases , the loss of identity was associated with definite episodes of depersonalisation ;", "- feelings of powerlessness , closely linked to helplessness , and leading to regression and excessive pre - occupation with bodily functions ;", "- anger , the predominant emotion being one of rage ( clearly linked to feelings of powerlessness ) and directed against self ( with expressions of low esteem , lack of confidence and associated depressive symptoms ) and others ;", "- communication difficulties , associated with the above - mentioned depersonalisation symptoms .", "The delegation ’s concerns about the harmful psychological consequences of the regime were reinforced during its subsequent visit to the Dr S. van Mesdag Clinic , where it interviewed a number of patients who had previously been held in the ( ORG or ORG , in whom persistent psychological sequelae ( insomnia ; anxiety symptoms ; disturbance of identity ; emotional liability and psychosomatic symptoms ) were clearly present .", "The ORG would add that it is aware that the psychologist employed in the ( ORG and ORG has publicly expressed the conviction that the regime has led to ‘ no significant harmful effects on ORG . However , this opinion has never been subject to any form of peer review or professional assessment . It should be added that the Psychiatric Adviser to ORG expressed a contrary view to the delegation , citing as an example a case of a prisoner who had developed a florid paranoid psychosis while held in the ( T)EBI .", "In the light of all of the information at its disposal , the ORG has been led to conclude that the regime currently being applied in ORG and ORG could be considered to amount to inhuman treatment . To subject prisoners classified as dangerous to such a regime could well render them more dangerous still .", "The facilities in the extra security institution are of a high standard . They are quite capable of offering a regime meeting the criteria set out in paragraph CARDINAL without jeopardising legitimate security concerns .", "The ORG recommends that the regime currently applied in the extra security institution be revised in the light of the remarks set out in DATE . In particular , the existing group system , if not discarded , should at least be relaxed and inmates should be allowed more out - of - cell time and a broader range of activities . Further , the current searching policies should be reviewed in order to ensure that they are strictly necessary from a security standpoint . Similarly , current visiting arrangements should be reviewed ; the objective should be to have visits taking place under more open conditions .", "Finally , the ORG recommends that the NORP authorities commission an independent study of the psychological state of current and former inmates of the extra security institution . ”", "ORG responded in the following terms ( Interim report of ORG in response to the report of ORG for the Prevention of Torture and Inhuman and Degrading Treatment or Punishment ( ORG ) on its visit to the GPE from DATE , ORG ( DATE ) CARDINAL , excerpt ) :", "“ CARDINAL . ORG ( ( ORG ) at the FAC", "Recommendations by the ORG", "( ... )", "( ... )", "The ORG recommends that the regime currently applied in the extra security institution be revised in the light of the remarks set out in DATE . In particular , the existing group system , if not discarded , should at least be relaxed and inmates should be allowed more out - of - cell time and a broader range of activities . Further , the current searching policies should be reviewed in order to ensure that they are strictly necessary from a security standpoint . Similarly , current visiting arrangements should be reviewed ; the objective should be to have visits taking place under more open conditions ( paragraph DATE )", "Response : The ( ORG houses prisoners who are deemed exceptionally likely to attempt to escape , either with help from outside or by violent means . Generally speaking , they fall into CARDINAL categories : prisoners believed to be members of criminal organisations ; prisoners serving sentences for manslaughter or murder ; and prisoners who have escaped from prison in the past either by taking staff hostage or by using firearms ( and perhaps with help from outside ) . Arrangements for the detention of such prisoners need to be based first and foremost on systematic , fail - safe security arrangements , though a humane regime should then be provided within that context . The task of the ORG , like any other prison , is to execute custodial sentences without disruption . The restrictions imposed on prisoners should be no more than are necessary to deprive them of their liberty . What distinguishes the ORG from other prisons is the nature of the restrictions required to achieve that purpose . They must be more severe because the prisoners present , by definition , an above - average risk of escape or disruption of the normal prison regime . In practice , this means that the purpose of ORG and ORG is to create a place and regime from which it is impossible to escape , even by taking staff hostage .", "The regime in the ORG is the most severe anywhere in the GPE . For that reason , use of the institution is kept to a minimum and the decision to place prisoners there is taken and later reviewed at frequent intervals by a broad - based external committee . Despite the severity of the regime , prisoners in the ORG are offered sufficient out - of - cell time ( paragraph CARDINAL ) and have the opportunity to take part in recreational , sporting , musical , creative , educational and other activities . The range of activities on offer gives prisoners regular opportunities for human contact and the staff of the ORG deliberately strive to encourage such contact and participation in activities wherever possible . The small size of the unit ’s population ( paragraph CARDINAL ) is essential to the maintenance of order , security and control and to the prevention of escapes . It is true that there are special restrictions on contact with the outside world ( in the form of the glass partition separating prisoners from visitors ) , but the frequency of visits is the same as in a normal remand centre .", "The arrangements for searches in the ( ORG and ORG are essential to ensure the safety of staff . They have been evaluated in the past , as part of the DATE assessment of the ORG , and it has been decided that prisoners should not be searched more often than strictly necessary . This means that prisoners are not always searched on return to their cells , but only if they have been out of sight of the warder who let them out .", "Visits are organised in such a way as to permit visual , verbal and non - verbal contact while preventing direct physical contact . The special visiting arrangements are among the most important security measures to prevent escapes . If visits were more ‘ open’ and there were any chance of smuggling contraband into the prison , there would be little point in the existence of the ORG .", "The ORG recommends that the NORP authorities commission an independent study of the psychological state of current and former inmates of the extra security institution ( paragraph CARDINAL )", "Response : ORG intends to investigate the performance of the ORG in DATE . It will then consider instituting a further study of the impact of the ORG regime on the psychological state of inmates if the outcome of that investigation gives reason to do so . ”", "The Ministry of Justice commissioned researchers of ORG to conduct a preliminary study of the ORG ’s policy on care for the mental well - being of detainees and of the feasibility of a main study of the psychological impact of a high security regime on the mental well - being of ( former ) inmates . On DATE a report entitled “ Care in and around the Maximum Security Prison ” ( Zorg in en om de Extra PERSON ) was issued by the researchers . It concluded that the concern expressed in policy documents for the mental well - being of detainees held in maximum security conditions was indeed evident in the day - to - DATE running of the ORG in that ORG personnel proved aware of the tension between security and humanity , and endeavoured to reduce this tension . It was further concluded in the report that a study of the psychological impact of a high security regime was feasible . The researchers nevertheless emphasised that they had examined neither the quality of the care for the mental well - being of the ORG detainees , the actual psychological condition of the detainees nor the effects which the regime was having on them .", "The Minister of ORG has commissioned a follow - up study from the same researchers , involving monitoring day - night rhythm stress and other factors among maximum security detainees and a control group of detainees in semi - isolation . This study is set to be completed by DATE ." ]

[ "3" ]

[]

[]

[ "13", "3", "8" ]

[]

[]

[ "The applicant was born in GPE in DATE . He arrived in GPE during the DATE - CARDINAL war and joined the foreign mujahedin . The mujahedin phenomenon is explained by ORG for the former GPE in the PERSON and PERSON judgment , IT-CARDINAL - CARDINAL-T , § § CARDINAL - DATE , as follows :", "“ CARDINAL . Witnesses for both the Prosecution and Defence agreed that the foreign mujahedin began to arrive in PERSON and PERSON during DATE , particularly in DATE .", "At that time , the borders of GPE ) were controlled by the organs of PERSON or ORG authorities , which made it very difficult for the RBiH legal authorities , more specifically the ORG ( ORG ) , to control the entry and movements of foreigners in the RBiH. Foreign mujahedin reached GPE via GPE and via GPE where the HVO had established power . They frequently arrived as members of humanitarian organisations and did not register with the RBiH authorities .", "Most of the foreign mujahedin came from the countries of GPE , LOC and LOC , i.e. GPE , GPE , GPE , GPE , GPE , GPE , GPE , GPE , GPE and GPE . Some also came from NORP countries , but how many is not known .", "Foreign mujahedin were easily recognisable by their traditional clothing and dark complexion . They had long beards and wore turbans or hats . Some wore camouflage uniforms or parts of camouflage uniforms , while others wore long white robes . There were also those with scarves around their head and neck . Most of them did not know the NORP language and spoke only LANGUAGE . The foreign mujahedin carried automatic rifles and rocket launchers . Some had sabres or long knives . Some witnesses recognised the insignia the foreign mujahedin wore on their shoulders .", "According to the evidence characterising the position of the foreign mujahedin , the term ‘ PERSON refers to NORP fighting a jihad , or holy war . The foreign mujahedin went to GPE in order to help their NORP brothers defend themselves against the NORP aggressor and intended to leave the country once peace had been re - established . According to these same sources , the foreign mujahedin also wanted to spread their beliefs , which they felt were the most faithful expression of NORP texts .", "Most foreign mujahedin in LOC seem to have arrived as members of humanitarian organisations . Defence witnesses agreed that during the first phase they were involved in humanitarian activities . They provided quite significant aid to the local NORP population , particularly food , and organised classes in religious instruction .", "Starting in DATE when conflicts broke out in LOC , foreign mujahedin became fighters . They furnished the local population with weapons and uniforms and provided military training . As explained below , the foreign mujahedin took part systematically in combat side by side with the ABiH.", "Given their humanitarian involvement , the foreign mujahedin initially enjoyed a degree of trust and had the support of the local population . Young men , even minors , joined them . ABiH soldiers deserted their own units to join the ranks of the foreign mujahedin , especially in order to benefit from their material support . Some of the mujahedin married girls from the region . Over time , however , the foreign mujahedin tried to promote their view of fundamental ORG . They ordered the NORP women to cover their heads , condemned the consumption of alcohol and insisted that the local NORP practice their religion . The foreign mujahedin burst into cafés and restaurants that served alcohol and if they saw a woman or young girl dressed in what they considered inappropriate fashion , they voiced their strong opposition . As a result of this rigid attitude , relations between the foreigners and the local population deteriorated . ”", "Although he had never been given citizenship or a residence permit in GPE , on DATE the applicant obtained a national identity card on the basis of a forged decision of CARDINAL DATE granting citizenship to a certain PERSON ( that national identity card was revoked in DATE ) . In DATE the applicant married a citizen of GPE . They have CARDINAL children , born in DATE and DATE . It would appear that the applicant never returned to GPE after the DATE - CARDINAL war .", "On DATE , during a random check , ORG of ORG found that the applicant was an illegal immigrant in GPE and placed him in ORG for deportation purposes . On DATE he lodged an application for judicial review through his counsel , but the application was ultimately rejected as out of time . The initial detention period was extended on a DATE basis . Each of the extension orders was then upheld by ORG ( “ the ORG ” ) and some of them by ORG . Appeals concerning the remaining extension orders are still pending before ORG .", "On DATE ORG established that the applicant was a threat to national security , ordered his deportation and prohibited his re - entry for DATE . It relied on secret intelligence reports . On DATE ORG upheld the decision . On DATE ORG , having assessed the secret evidence , also upheld the deportation order . An appeal is pending before ORG .", "On DATE the applicant claimed asylum . He maintained that NORP citizens who had joined the foreign mujahedin during the war in GPE and GPE were treated in GPE as suspected terrorists and were subjected to ill - treatment . He added that NORP authorities had visited his family and had enquired about him shortly after the opening of his deportation proceedings . The applicant could not explain , however , how those authorities had learned about his activities in GPE . The applicant submitted a statement by PERSON , a NORP human - rights activist , asserting that a certain ORG had been sentenced by a NORP military tribunal to CARDINAL GPE imprisonment for having fought in the war in GPE .", "On DATE ORG interviewed the applicant with the help of an interpreter since the applicant did not speak any of the official languages of GPE . It also had regard to reports of ORG , ORG on GPE , which mentioned many cases of ill - treatment meted out to suspected terrorists . The practices reported included hanging from the ceiling , threats of rape , administration of electric shocks , immersion of the head in water , beatings and cigarette burns . Allegations of ill - treatment were reportedly not investigated by the NORP authorities .", "On DATE ORG refused the asylum claim . It held that it had not been shown that the applicant would indeed be treated in GPE as a suspected terrorist and that he therefore did not face a real risk of being subjected to ill - treatment . The statement concerning the situation of Mr PERSON was not admitted to the file because the applicant had failed to provide a translation into an official language of GPE . On DATE ORG upheld that decision . An appeal is pending before ORG .", "On DATE the applicant lodged an application for interim measures with ORG asking that his deportation be stayed pending ORG decision on the merits of the case .", "Removal directions for DATE at TIME , issued on DATE , were served on the applicant on DATE at TIME The applicant immediately applied for interim measures with the ORG and the President of the Fourth Section of the ORG granted an interim measure DATE at TIME ( see paragraphs CARDINAL above ) .", "On DATE ORG refused the applicant ’s application for interim measures . The decision was notified to the applicant on DATE .", "The applicant is still in ORG .", "LAW DATE ( Zakon o zaštiti tajnih podataka , ORG nos . CARDINAL and CARDINAL ) entered into force on DATE . LAW provides that the judges of ORG and ORG have access to all levels of secret data without any formalities ( such as security clearance or special authorisation ) , if such access is required for exercising their duties .", "LAW DATE ( Zakon o kretanju i boravku stranaca i azilu , Official Gazette of GPE no . CARDINAL ) entered into force on DATE . Section CARDINAL thereof provides that a refugee is an alien who , owing to a well - founded fear of being persecuted for reasons of race , religion , nationality , political opinion or membership of a particular social group , is outside his or her country of nationality and is unable or , owing to such fear , is unwilling to avail himself or herself of the protection of that country , or a stateless person , who , being outside the country of former habitual residence , is unable or , owing to such fear , is unwilling to return to it . The same provision defines a person eligible for subsidiary protection as an alien who does not qualify as a refugee but in respect of whom substantial grounds have been shown for believing that he or she would face a real risk of the death penalty or execution , torture or inhuman or degrading treatment or punishment in the country of origin or in the country of habitual residence , or there is a serious , individual threat to a civilian ’s life or person by reason of indiscriminate violence in situations of international or internal armed conflict , and who is unable , or , owing to fear , is unwilling to avail himself or herself of the protection of that country .", "The principle of non - refoulement is incorporated in LAW , which reads as follows :", "“ An alien shall not be returned or expelled in any manner whatsoever to the frontiers of territories where his or her life or freedom would be threatened on account of race , religion , nationality , membership of a particular social group or political opinion , regardless of whether or not the person concerned has been granted international protection . The prohibition of return or expulsion ( non - refoulement ) shall also apply to persons in respect of whom there is a reasonable suspicion for believing that they would be in danger of being subjected to torture or other inhuman or degrading treatment or punishment . An alien may not be returned or expelled to a country where he or she is not protected from being sent to such a territory either . ”", "Pursuant to section CARDINAL of the Act , an alien whose claim for international protection has been refused will nevertheless be granted leave to remain on humanitarian grounds , if his or her removal would breach the principle of non - refoulement . However , the alien concerned must be placed in detention if it has been established that he or she constitutes a threat to public order or national security .", "An appeal against a deportation order suspends deportation ( section CARDINAL of that Act ) . A claim for international protection and an application for judicial review against a refusal of such a claim equally suspend deportation ( sections CARDINAL , CARDINAL ) and CARDINAL of that Act ) . Pursuant to section CARDINAL of that Act , once an alien has become expellable , removal directions are issued within DATE . An appeal against removal directions does not suspend deportation .", "Pursuant to section CARDINAL(CARDINAL)(b ) of that LAW , an alien must be detained if it has been established that he or she constitutes a threat to public order or national security . Sections CARDINAL ) and CARDINAL of that Act provide that an initial detention order is valid for DATE , but it may be extended any number of times for DATE at a time . The total period of detention , however , may exceed DATE only in exceptional circumstances , such as if an alien prevents his or her removal or if it is impossible to remove an alien within DATE for other reasons .", "The General Framework Agreement for Peace , which put an end to the DATE - CARDINAL war in GPE , was initialled at a military base near GPE , GPE , on DATE and signed in GPE , GPE , on DATE . It entered into force on the latter date .", "Pursuant to LAW CARDINALA to that Agreement , all foreign forces , including individual advisors , freedom fighters , trainers , volunteers , and personnel from neighbouring and other GPE , irrespective of whether they were legally and militarily subordinated to any of the local forces , had to be withdrawn from GPE by DATE .", "As to the situation in GPE before the recent change of regime , see PERSON v. GPE [ ORG ] , no . CARDINAL , § § DATE , CARDINAL DATE .", "ORG of ORG has recently looked at the situation in GPE after the change of regime ( document no.CARDINAL of DATE ) . The pertinent part of the explanatory memorandum reads as follows :", "“ CARDINAL . For DATE after the revolution of DATE , the political situation in GPE remained very unstable . The first provisional government , formed by the former Prime Minister PERSON on DATE with the participation of representatives of the ‘ legal’ opposition parties ( the few political formations that existed under the former regime ) and independents , succeeded in making a number of decisions tending towards democratisation . But that government soon found itself under pressure from the demonstrators , who demanded the resignation of ministers who had served under PERSON .", "At the same time , the political forces close to the former regime , from PERSON ORG ) and the security services , tried to stir up trouble in the country in order to shift the transition process towards a new authoritarianism under the guise of ‘ PERSON political liberalisation .", "Faced with these attempts , the elements in favour of democratic change , particularly the unions and the active members of civil society , continued to exert pressure on the provisional government through demonstrations . They also began to form a ORG , which demanded the calling of a constituent assembly and the dissolution of all institutions inherited from the PERSON era , namely ORG , the ORG and the political police .", "At DATE , the CARDINAL ORG passed a law allowing the Interim President , PERSON , to govern by legislative decree . ORG was then suspended and dissolved . Moreover , on DATE the Interim President issued a legislative decree declaring an amnesty for all political prisoners .", "Among the main decisions of LOC should be noted the banning of the old ruling party , the ORG , as well as the establishment of a commission to reform texts and institutions which was supposed to prepare the democratic transformation of the country .", "Mention should also be made of the dissolution of ORG ( which it would be more accurate to call the ministry of propaganda and censorship ) and a degree of liberalisation of the media . Reform of the press still remains to be carried out , however . Indeed , we have been informed that non - governmental organisations ( NGOs ) encounter problems if they want to obtain radio frequencies .", "On DATE , the second government presided over by former Prime Minister PERSON was forced to resign as a result of pressure from the protesters . The new transition government , headed by Mr PERSON , had no members who had been close to the PERSON regime and positioned itself as a cabinet of technocrats whose objective was to guarantee calm and stability during the transition period .", "On DATE , the Interim President set CARDINAL DATE as the date for elections to ORG by direct universal suffrage according to a new electoral code . A specific body called ORG NORP Transition was set up to prepare the elections to ORG . Mr PERSON , former ORG , Political and ORG , who had resigned from ORG in DATE and was an opponent of the PERSON regime , was appointed president of the new body .", "ORG , which is composed of CARDINAL members , many of whom are representatives of the political world and civil society , as well as professional lawyers , prepared and submitted to the government in DATE draft laws on the organisation of the elections and on the electoral commission .", "In addition , CARDINAL other independent commissions of inquiry were set up in order to shed light on corruption , the misappropriation of funds by the former regime and abuses committed by the security forces during the events of DATE .", "On DATE , the Minister for the ORG announced the dissolution of ORG and the political police .", "There now seems to be relative , if fragile , political and institutional stability in GPE , enabling the provisional authorities to be fairly optimistic about the possibility of preparing the elections . The authorities have , however , let it be known that they may be postponed if all the conditions for a ballot that complies with democratic standards are not met .", "The fragile nature of the stability was demonstrated by the events of CARDINAL May , which were provoked by statements by the former NORP Minister of the ORG , PERSON , who announced a ‘ military coup d’état’ was being prepared in the event of the NORP winning the elections . The government condemned these statements , calling them an attack on public order . The demonstrations that followed this incident turned into a riot , with young NORP demanding the resignation of the transitional government and ‘ a new revolution’ . The police had to use teargas and then weapons in order to quell the riot . Several shops and houses were looted . On DATE , the authorities introduced a curfew in GPE . CARDINAL people were arrested . The curfew was lifted on DATE . ”", "On DATE , in conclusion of his visit to GPE undertaken on invitation of the Government , PERSON , the UN Special Rapporteur on torture and other forms of cruel , inhuman , degrading treatment or punishment , delivered the following statement :", "“ ...", "The interim Government has undertaken a series of positive steps , including , considering reforming the ORG security apparatus and dismantling the so - called political police , initiating security sector reforms , reviewing the national legislation in line with international standards , including inter alia removing legal obstacles to reopening the cases of homicide and torture of the past , dismissing a number of high- and mid - ranking officials from ORG and ORG . I am also heartened by the discussions about the establishment of transitional justice mechanisms to address the legacy of past abuses . Encouragingly , the ORG has established CARDINAL advisory commissions .", "...", "I was told by officials that the practice of torture and ill - treatment has decreased following respective instructions issued by the officials of the security services . This I realised is true as far as the notorious and endemic practice of torture committed during the PERSON regime is concerned . However , I have heard credible testimonies regarding beatings of detainees upon arrest or within TIME of pre - trial detention ( garde a vue ) as well as during interrogation . Such episodes reflect the fact that old habits of police agents are not easily eradicated . Whether they are isolated or more frequent , beatings inflicted as a form of punishment or intimidation reflects complete disrespect for the presumption of innocence and the dignity of persons suspected of crimes . For that reason , every single act of torture is intolerable and elicits the obligation of the ORG under international law to investigate , prosecute and punish it . I heard testimonies according to which the safeguards during arrest and detention , such as rules governing warrant , compulsory medical examination upon arrest and transfer , notification to the family , access to a lawyer , interrogation in the presence of witnesses , as well as the right against self - incrimination were not respected in practice . Sadly , some of those testimonies were about events that have taken place after the January CARDINAL Revolution .", "For example , I learned that in DATE the police reacted heavy - handedly to a demonstration by scores of youths . Riot police clashed with protesters and representatives of the media . I heard allegations of arbitrary arrest , and beating , of a group of young people that included CARDINAL minors . Together with CARDINAL adults , they were arbitrarily detained and taken to a detention centre without any access to a lawyer or notification to their families despite clear provisions in the NORP law regarding juvenile criminal law and procedure they were set free at TIME in one of the most dangerous areas in GPE . During TIME of detention they were forced to kneel and remain in uncomfortable positions . I welcome the initiative of ORG to issue a statement apologising to ‘ journalists and citizens involuntarily ORG and to open an inquiry into these incidents . This goes on to suggest that riot police and law - enforcement bodies engage in ill - treatment and excessive use of force to hold situations under control .", "Given the lack of effective safeguards during arrest , persons deprived of their liberty are extremely vulnerable to torture and ill - treatment , moreover , given the legacy of abusive treatment by law - enforcement agents in the past , the lack of sufficiently speedy investigations into allegations of torture and ill - treatment , as well as the use of prosecutions affecting public officials , it can not be said that the culture of impunity no longer prevails , even though the current authorities have undoubtedly and sincerely pledged to respect the law . I have received several allegations of being kicked , beaten and burned with cigarettes . Many of these cases were supported by forensic medical evidence .", "I learned from ORG that from DATE to DATE , there were CARDINAL criminal convictions against law - enforcement and prison officials for acts of torture and ill - treatment out of CARDINAL prosecutions initiated . According to NORP law , anyone who claims to have been subjected to torture can file a complaint either with officers of LAW or the Prosecutor . These mechanisms are inadequate as the complaint is essentially addressed to the same body that is alleged to have perpetrated the ill - treatment . Moreover , under NORP legislation , judges are not obliged to exclude any evidence or statements obtained under torture , despite the fact that , as a party to the CAT , GPE is internationally obliged to exclude such evidence . This inevitably creates an environment conducive to impunity .", "Admissibility of confessions is left to the discretion and appraisal of the judge in accordance with Articles CARDINAL and CARDINAL of LAW . I welcome the initiative of ORG to amend the definition of torture contained in LAW in order to bring it in full conformity with the definition of LAW CAT and to provide for penalties reflecting the severity of the offense . I also support an initiative to amend the laws to ensure that no statement obtained through torture shall be admitted as evidence in judicial proceedings against the defendant , except in a case presenting torture and to show that the statement was made .", "It is my understanding that several agents of security forces attached in the past to the Presidency and to ORG have not been removed even though they are thought to be at the heart of the serious violations of human rights that took place in the past .", "The conditions of prisons and detention centres visited vary from being adequate to unsatisfactory as far as hygienic conditions , availability of medical assistance , access to telephone , and the length of family visits are concerned . Medical centres although available , do not seem to be always and adequately equipped . Dental and psychiatric assistance do not presently exist in the detention centres visited .", "As far as the investigation launched into the past allegations of torture and recent abuses are concerned , I welcome the establishment of the fact - finding Commission , while recognising that its function is complementary to judiciary and should be clarified . I heard an explanation about the thorough and comprehensive way in which it has approached its mandate . However , I have learned that the number of prosecutions and initial judicial inquiries related to torture and disproportionate use of force remain low , despite the fact that the ORG ’s work does not substitute the role of prosecutors and judges . The slow pace of investigation and general lack of clear signals that these cases are seriously considered provokes frustration and anger among victims and general public . It is encouraging to learn that preliminary monetary compensation has been offered to victims and their families of DATE and DATE events . It remains unclear how the amount of compensation was defined as adequate and whether any measures are undertaken to provide the victims and their families with rehabilitation services .", "I welcome the initiative of the interim Government to release political prisoners and prisoners of conscience ; and to grant conditional release on a case by case basis to those convicted for security related offenses . Many , if not most , of these were convicted in unfair trials , so amnesties and pardons are a partial remedy to the violations they have suffered .", "I would like to welcome the commitment expressed by all levels of the Government regarding the abhorrence of torture and its determination to eradicate it ... ”", "On DATE , at the conclusion of his official follow - up visit to GPE , the United Nations Special Rapporteur on human rights and counter - terrorism , PERSON , gave the following statement :", "“ ...", "Since my last visit to GPE in DATE , the world has witnessed how the negation of human rights by oppressive regimes , including under the pretext of countering terrorism , can bring together a critical mass of people from very different walks of life to pursue their aspirations for a free and NORP society and a Government that respects human rights . GPE has become a symbol of this lesson .", "My mandate focuses on the protection of human rights while countering terrorism . In this context I have seen initial steps that indicate a break with GPE ’s past . I was pleased to hear that many of my interlocutors confirm that the abusive anti - terrorism law of DATE has not been used since the events of DATE , including against the NORP people that demanded change . However , in FAC I learned that individual judges sometimes still order persons detained under the DATE law . This now mostly dormant law did not do what it was supposed to do . It did not provide more security to the NORP people , but was used as a tool of oppression against any form of political or other dissent . ORG has acknowledged this by adopting an amnesty law covering those who were convicted or held under this law . In order to provide the NORP people with the security they deserve , I offer the assistance of my mandate to replace the DATE law with a proper legislative framework which regulates GPE ’s anti - terrorism efforts in line with international conventions and protocols on countering terrorism , while fully respecting human rights and fundamental freedoms . The global threat of terrorism is real and can only be responded to through properly targeted and lawful measures , instead of using the notion of terrorism to suppress dissent .", "In my previous report I expressed grave concern about the activities of various entities of the security apparatus , and the secrecy and impunity in which they operated . My report singled out the Directorate for State Security as a crucial entity that was responsible for activities of torture and arbitrary and even secret detention . I commend therefore the abolishment of this entity by ORG . However , in my previous report I also highlighted the lack of publicly available information on several security organs of ORG . This secrecy was an important element that contributed to the shield of impunity under which these actors could operate . All security ORG functions and powers must be regulated by publicly available laws . Such transparency avoids not only the creation of myths about what these agencies do , but also ensures accountability of these agencies if they commit illegal acts . In this context I have noted statements that the ‘ political police’ in GPE has been abolished . Such a ‘ police’ did not exist in the law , but it was used as term by the public , and now also by officials , to describe those elements in the security organs related to ORG that were responsible for cracking down on political and human rights activists and other dissent .", "Changes in the way GPE ’s security organs operate should not be limited to slogans , but should result in concrete measures . The first steps have been taken to establish accountability for those who attacked the demonstrators in DATE . I welcome this positive development , but want to stress that in order to look truly forward towards a new GPE , it has to come to terms with dark remnants of its past . During my first visit in DATE the existence of secret facilities in the LOC of ORG was flatly denied . This time officials at ORG agreed to show me the former secret detention facilities . However , some officials still denied the use of Ministry offices as interrogation and torture rooms . I learned that until now CARDINAL security officials have been arrested , QUANTITY persons in the highest ranks prosecuted , and CARDINAL officials forced to retire , or went into retirement voluntarily . GPE should continue to investigate ex officio allegations of torture and illegal detention , often committed under the pretext of the fight against terrorism . Investigating , prosecuting and trying those responsible for the crimes in question can also help rebuilding trust between the population and the security forces in the country .", "While I commend GPE ’s decision to ratify LAW , LAW , and LAW of ORG , I must emphasise that these promises turn into real rights only when implemented by depositing the international instrument of accession . Further , I call for rapid measures to strengthen the independence of the judiciary which as of DATE has not lived up to its task to secure compliance with the law , including human rights . I was also disappointed to learn that the most important safeguard against abuse in police custody , effective access to a lawyer of one ’s own choice from the moment of arrest , including presence in every interrogation , is not yet in place .", "These are the preliminary findings of my follow - up mission . A full report will be presented to ORG in DATE ... ”" ]

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[ "3" ]

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[ "The applicants , PERSON and Mr PERSON , were born in DATE and DATE respectively and live in GPE . The second applicant is the first applicant ’s nephew . The first applicant ’s mother was deprived of her land and other assets by the NORP authorities in DATE .", "In DATE the applicants brought an action against the relevant local authority , seeking restitution of their ancestral lands . In support of their claim , the applicants submitted archives confirming their ancestor ’s title to the claimed land and , as a legal basis , referred to general rules on the protection of property and inheritance contained in LAW , the LAW and the international human - rights treaties ratified by GPE .", "In a judgment of DATE , the ORG established the ORG joint ownership of land situated in the village of GPE . The land was officially identified as “ plot no . CARDINAL ” . The defendant local authorities did not lodge an appeal and the judgment became binding .", "On DATE the applicants’ lawyer obtained from ORG the necessary enforcement writ , the relevant part of which read as follows :", "“ PERSON and PERSON are hereby recognised as ... the co - owners of plot no . CARDINAL in the village of GPE . ” ...", "On DATE the applicants , acting through their lawyer , submitted a copy of the enforcement writ together with the final judgment of DATE to ORG for enforcement . In a letter of DATE , the registrar replied that it was not possible to register the land in the ORG name , as their documentation was incomplete . The lawyer was found to be at fault for the fact that the final judgment neither indicated the size of plot no . CARDINAL nor specified its category : agricultural or non - agricultural . The lawyer was further invited to submit a copy of his identity document , the authority form proving his right to represent the applicants , the original enforcement writ and the cadastral plan of the land in question .", "The applicants maintained , relying on the billing information from the lawyers for the relevant period of time , that after receipt of the letter of CARDINAL DATE the lawyers , acting on their behalf , had visited ORG on several occasions and voiced their concerns regarding the failure to enforce the judgment . They claimed , inter alia , that they were not in a position to produce an amended final court decision . In reply , ORG refused to register plot no . CARDINAL for various reasons .", "The judgment of DATE still remains unenforced .", "On DATE the applicants lodged another action claiming , on the same legal basis , ownership of plot no . CARDINAL , adjacent to plot no . CARDINAL . The action was registered by ORG on DATE .", "According to the applicants , the examination of their second action has not started yet .", "The relevant domestic law and practice as regards the restitution of property has been described in the case of Teimuraz Andronikashvili v. GPE ( no . CARDINAL/CARDINAL , DATE ) and PERSON and PERSON v. GPE ( no . CARDINAL , § § CARDINAL and DATE , DATE ) .", "ORG is a legal entity governed by public law established under ORG . CARDINAL of its main functions is to register ownership title and other related rights over real property for the purpose of their recognition and verification . ORG is responsible , among other things , for the creation and maintenance of cadastral data on real property .", "Under LAW ( b ) of LAW , the registrar was entitled to request the submission of any document necessary for land registration purposes . The interested party had to comply with the registrar ’s request immediately .", "Article CARDINAL § CARDINAL of the Civil Code provides that damage done to an individual by either negligence or deliberate misconduct of a public servant must be compensated by the ORG .", "Under LAW , the non - execution of a judicial decision constitutes an offence :", "“ The non - execution of a binding judicial decision , or other judicial decision , or the obstruction of its execution by the ORG , government or local - government officials , or by the executives of a corporation or other organisations [ shall be punished ] ... ”", "Pursuant to LAW ( g ) of LAW of GPE , the Code does not apply to those activities of the executive that are related to the enforcement of final court judgments .", "In accordance with LAW of LAW , a complaint may be filed against any action of an administrative agency pursuant to the procedure prescribed for filing a complaint in respect of an administrative legal act ." ]

[ "6" ]

[ "6-1" ]

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[ "The first applicant is PERSON , born in DATE and living in GPE . The second applicant is Mr PERSON , born in DATE and living in the LOC area in the PERSON region . The third applicant is Mr PERSON , born in DATE and living in PERSON . The fourth applicant is PERSON , born in DATE and living in the LOC area .", "The applicants are brothers and sisters . Before the NORP occupation of GPE in DATE the applicants ' father owned QUANTITY of land ( “ the original land ” ) . The land was nationalised by the NORP authorities in DATE . Following the restoration of NORP independence in DATE , the applicants became entitled to a claim in regard to their late father 's land under LAW ( “ the LAW ” ) .", "On DATE the applicants requested that compensation in land be given to them in accordance with the Act .", "On DATE the applicants changed their position , requesting that the original land be returned to them in kind . By letter of the administrative authorities of CARDINAL DATE the applicants were informed that part of the original land ( QUANTITY ) had already been allocated to a third person , PERSON , by decision of ORG DATE . The applicants were informed that that part of the land could thus not be returned to them .", "On DATE the applicants applied to a court , requesting that the decision of DATE be quashed . On DATE the FAC rejected the applicants ' action . On DATE ORG rejected the applicants ' appeal against that judgment .", "On DATE ORG refused to grant leave for a cassation appeal .", "On DATE the applicants brought a fresh court action , requesting the return of the original land . On DATE ORG rejected the applicants ' action . On DATE ORG rejected the applicants ' appeal against that decision . The applicants submitted a cassation appeal to ORG .", "On DATE ORG quashed the lower decisions , returning the case for a fresh examination at first instance .", "On DATE ORG again rejected the applicants ' action . On DATE ORG upheld the first instance judgment . The applicants submitted a cassation appeal to ORG .", "On DATE ORG adopted a final judgment whereby it quashed the decisions of DATE and DATE . ORG concluded that the authorities and the lower courts had been responsible for the delays in restoring the applicants ' rights under LAW . It held inter alia :", "“ From the material in possession it appears that the plaintiffs submitted a request to restore their property rights on DATE . Pursuant to LAW ] , a decision on the request must have been adopted within DATE from DATE . ... [ The ] plaintiffs ' right to an effective remedy was [ therefore ] violated . ...", "The plaintiffs had submitted enough evidence [ enabling the administrative authorities ] to adopt a decision on restitution of their property rights , even more so as the case - file contains no evidence that other persons claim restitution of property rights in regard to the land which belonged to the plaintiffs ' father . ...", "Having regard to the fact that the plaintiffs ' property rights have not been restored since DATE ... [ further litigation ] would breach the plaintiffs ' rights guaranteed by ORG and CARDINAL of the Convention ... ”", "In the judgment of CARDINAL DATE ORG ordered that the PERSON regional administration “ take a decision to restore the [ applicants ' ] property rights to the land which belonged to [ their father ] prior to the nationalisation ” .", "With respect to the applicants ' claim about the allocation of part of the original land ( QUANTITY ) to FS , ORG noted that in their original application for restitution of their property rights the applicants had asked for compensation , not for return of the original land , and that they had changed their claim only on DATE , i.e. DATE following the authorities ' decision of DATE to allocate the impugned portion of land to FS . ORG concluded that thus the applicants could not have this part of the original land returned to them . It also noted however that the applicants were entitled to compensation for the impugned portion of land in accordance with the provisions of the LAW .", "On DATE the PERSON regional administration made an offer to the first applicant to afford her compensation in land for QUANTITY of her late father 's former land that could not be returned in kind . The necessary formalities for the transfer of property rights to the first applicant have not yet been finalised as she did not reply to a number of the administration 's letters requesting her to sign the relevant papers .", "By a decision of the regional administration of DATE , the second and third applicants were returned in kind QUANTITY of the original land .", "On DATE the administration allotted the fourth applicant QUANTITY of land in compensation for the equivalent part of the original land that could not be returned in kind .", "On DATE the regional administration made an offer for the fourth applicant to be allotted a further QUANTITY of land in compensation . On DATE and CARDINAL DATE the regional administration made an offer to compensate the fourth applicant for a further QUANTITY hectares of her father 's former land . The formalities for the transfer of property rights to her in this respect have not yet been finalised as she did not reply to a number of the administration 's letters requesting her to sign the relevant papers .", "On DATE the regional administration made an offer to the second applicant to compensate in land for QUANTITY of the original land that could not be returned to him . The formalities for the transfer of property rights to him have not yet been finalised as he did not reply to a number of the administration 's letters to sign the relevant documents .", "On DATE all CARDINAL applicants were returned jointly a further QUANTITY of the original land .", "On DATE the regional administration afforded the first and the third applicant a further compensation in land for QUANTITY of the original land that could not be returned in kind .", "The Restitution of Property Act ( Nuosavybės teisių ... atkūrimo įstatymas ) ( of DATE , amended on numerous occasions ) provides for CARDINAL forms of restitution : CARDINAL ) the return of the property in certain circumstances , PERSON ) compensation in other cases ( compensation can be made in land or money ) .", "On DATE ORG examined the issue of compatibility of the LAW with the domestic laws on restitution of property rights . In its decision ORG held inter alia that possessions which had been nationalised by the NORP authorities since DATE should be considered as “ property under the de facto control of the ORG ” . ORG also stated : “ The rights of a former owner to particular property have not been restored until the property is returned or appropriate compensation is afforded . The law does not itself provide any rights while it is not applied to a concrete person in respect of a specific property item . In this situation the decision of a competent authority to return the property or to compensate has such a legal effect that only from that moment does the former owner obtain property rights to a specific property item . ” ORG also held that fair compensation for property which could not be returned was compatible with the principle of the protection of property .", "In decisions of DATE and DATE the ORG emphasised that the notion of restitution of property rights in GPE essentially denoted partial reparation . In this respect ORG noted that the authorities of GPE as a re - established ORG in DATE were not responsible for the NORP occupation DATE , nor were they responsible for the consequences of that occupation . ORG held that since DATE many private persons had bought , in accordance with the legislation applicable at the material time , various property items which had been previously nationalised . The denial of these factual and legal aspects was impossible , and the domestic legislation on restitution of property rights duly took into account not only the interests of the former owners , but also the interests of private persons who had occupied or purchased the property under lawful contracts .", "On DATE ORG also said that the choice by ORG partial reparation principle was influenced by the difficult political and social conditions in that “ new generations had grown , new proprietary and other socio - economic relations had been formed during DATE of occupation , which could not be ignored in deciding the question of restitution of property ” .", "On DATE ORG ruled that a person who qualifies for compensation for property which can not be returned is entitled to choose the form of compensation ( land or money ) by giving written permission for the authorities to proceed with the decision . ORG also held that the executive authorities have discretion to decide on appropriate compensation in each case , but that a person is entitled to contest that compensation by way of a court action .", "Under LAW ( all versions until DATE ) , the authorities were required to obtain the written permission of the person concerned before they determined the actual compensation for the property which could not be returned .", "Pursuant to the version of ORG as amended from DATE , the executive authorities are now entitled to decide the question of compensation without the person 's approval . That decision can be appealed to a court in accordance with the procedure established in LAW . No stamp duty is required to file such an action ." ]

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[ "6" ]

[ "6-1" ]

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[ "The applicant was born in DATE and lives in PERSON .", "In DATE Mr Y. Z. , the applicant ’s acquaintance , issued the applicant with a power of attorney to represent his interests in connection with criminal proceedings instituted against several individuals , who had stolen his shoes and cash . In this capacity the applicant participated in Mr Y. Z. ’s discussions with relatives of Ms Y. GPE , CARDINAL of the suspects , who were seeking to negotiate a settlement . Subsequently the relatives of Ms Y. ORG accused Mr Y. PERSON and the applicant of extorting money from them to pay the law enforcement authorities to discontinue proceedings against Ms Y. V.", "On DATE criminal proceedings were instituted against Mr Y. Z. on suspicion of soliciting a bribe . These proceedings were joined with those concerning the larceny of his possessions .", "Within the framework of these proceedings , on DATE the applicant was charged of being an accomplice to Mr Y. Z. On an unspecified date he was placed under an undertaking not to abscond .", "In DATE the investigation was completed and the applicant was committed to trial before ORG ( PERSON міський суд ) .", "On DATE ORG ordered a forensic expert assessment at the applicant ’s request and suspended the proceedings pending its outcome . The court further remanded the applicant in custody , finding that he might interfere with the investigation .", "On DATE the expert assessment was produced to the court .", "On DATE the Uman Court convicted the applicant and Mr Y. Z. of fraud and soliciting a bribe , sentencing the applicant to CARDINAL years’ imprisonment and exempting him from prison under amnesty . On DATE the applicant was released from detention under an undertaking not to abscond .", "On DATE ORG ( GPE суд GPE області ) quashed the judgment and remitted the case for fresh consideration .", "On DATE the Uman Court remanded the applicant in custody .", "On DATE the Uman Court remitted the case for additional investigation and released the applicant under an undertaking not to abscond . The prosecution appealed .", "On DATE ORG quashed the ruling of CARDINAL DATE and remitted the case to the first - instance court for consideration on the merits .", "On DATE the ORG convicted PERSON Y. ORG and the applicant of fraud and soliciting a bribe , sentenced them to CARDINAL years’ restriction of freedom and exempted them from prison under amnesty .", "On DATE ORG quashed the judgment and remitted the case for additional investigation , citing numerous procedural omissions in the course of investigation and trial . In particular , the court pointed out that no formal criminal proceedings had been instituted against the applicant and so the charges brought against him within the framework of proceedings against Mr Y. Z. were unlawful . It further found that the applicant had been placed in custody without sufficient grounds , that the trial court had failed to take due note of several of his requests and that the case file contained unsigned procedural documents . On DATE the court issued a separate ruling bringing the above - mentioned omissions to the attention of ORG and the President of ORG . The court ordered that the applicant remain under an undertaking not to abscond .", "On DATE the investigative authorities suspended the investigation concerning the larceny of Mr Y. Z. ’s possessions on account of inability to determine the identity of the perpetrators . By DATE no further procedural actions had ensued . It is unclear whether the applicant has been released from the undertaking not to abscond ." ]

[ "6" ]

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[ "The applicant , Mr Ousman Mbengeh , is a NORP national who was born in DATE and lived , at the time of lodging his application with the ORG , in GPE . He is represented before the ORG by Ms PERSON , a lawyer practising in GPE .", "and as they appear from the documents on the file , may be summarised as follows .", "The applicant arrived in GPE on an unspecified date . On DATE he married a NORP citizen , who gave birth to their son in DATE . The CARDINAL of them lived together until the applicant ’s deportation to his country of origin , GPE , in DATE .", "In DATE the applicant had obtained a temporary residence permit based on the marriage . In DATE he was granted a permanent residence permit .", "On DATE the ORG ( käräjäoikeus , tingsrätten ) convicted the applicant of an aggravated narcotics offence for having dealt in heroin during the period from DATE to DATE and sentenced him to CARDINAL years’ imprisonment . The conviction was upheld by ORG ( hovioikeus , hovrätten ) on DATE although the sentence was reduced to CARDINAL years’ imprisonment . On DATE ORG ( korkein oikeus , högsta domstolen ) upheld the conviction and sentence .", "On DATE ORG ( ulkomaalaisvirasto , utlänningsverket ) decided to deport the applicant owing to his criminal activity and issued a DATE refusal of entry to the GPE area . It considered that , through his criminal activity , he had endangered public order and safety . ORG noted that , according to practice , aggravated offences usually resulted in the issuing of a refusal of entry which would normally remain in force until further notice . However , having regard to the applicant ’s family ties to GPE , it considered that a refusal of entry for DATE was appropriate .", "On DATE ORG ( hallinto - oikeus , förvaltningsdomstolen ) quashed the decision because of the applicant ’s long stay in GPE and his family ties .", "ORG appealed . On DATE ORG ( korkein hallinto - oikeus , högsta förvaltningsdomstolen ) , finding that the grounds for deportation were weightier than the applicant ’s family ties and his DATE stay in GPE , quashed ORG decision and upheld the deportation order . The case turned on the fact that the applicant had been dealing in very dangerous drugs for monetary gain and in the circumstances , the deportation and refusal of entry would not be in breach of LAW ( DATE ; yleissopimus lapsen oikeuksista , konventionen om barnens rättigheter ; SopS CARDINAL/CARDINAL ) .", "On DATE the applicant was deported to his country of origin .", "Section CARDINAL(CARDINAL ) of the then Aliens Act ( ulkomaalaislaki , utlänningslagen ; Act no . CARDINAL/CARDINAL ) provided , inter alia , that an alien convicted of a criminal offence which carried a sentence of DATE or more or an alien who repeatedly committed offences could be deported .", "Section CARDINAL provided that when deciding on deportation regard must be had to all the relevant facts and the circumstances as a whole such as the duration of the stay , the relationship between a child and its parent and family and other ties to GPE . The nature of the offence within the meaning of section CARDINAL(CARDINAL ) was also relevant .", "Under section CARDINAL a refusal of entry could be issued for a maximum period of DATE or until further notice ." ]

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[ "The applicant was born in DATE and is currently serving a prison sentence in the PERSON region .", "In DATE and DATE the applicant was convicted of a number of criminal offences and sentenced to CARDINAL years’ imprisonment . He has served his sentence in prisons in the PERSON region .", "From DATE to CARDINAL DATE the applicant was admitted to the tuberculosis unit in the hospital attached to PERSON prison no . CARDINAL ( “ the hospital ” ) . On DATE the applicant was transferred to medical facility LIU-CARDINAL in GPE , in the PERSON region .", "The applicant raised the following specific grievances concerning his medical history and state of health .", "On an unspecified date the applicant was diagnosed with cervical spinal myelopathy accompanied by motor neuron impairment . In DATE he described his condition as follows . He could bend his left knee but his right knee only bent with severe pain . As a result , the applicant hardly ever moved and his leg muscles were atrophied . His right - hand fingers were crooked ; it was painful when he tried to straighten them . He suffered from severe pain in his right hand , left shoulder , small of the back , knees , neck , left foot and hip . His right - hand palm , back and right hip were covered with sores . He had sores on his right - hand fingers which suppurated .", "During his admission and stay in the hospital from DATE to DATE the applicant was examined by neurologist PERSON applicant ’s medical records indicate that the applicant was bedridden and , for a period of time , communicated with hospital staff by handwritten notes . The neurologist recommended an MRI scan and early release from prison on health grounds . For unspecified reasons , no MRI scan was carried out . Early release was refused in DATE .", "In DATE the applicant was examined by neurologist PERSON , who prescribed physical therapy , vitamin - based treatment , pain relief medication and non - steroidal anti - inflammatory drugs . It was also recommended that the applicant be examined by a rheumatologist and a trauma specialist ( see also paragraph CARDINAL below ) . X - rays of the right wrist joint and left knee joint were indicated .", "It is unclear what acts of medical care were performed in relation to the applicant ’s myelopathy from DATE .", "NORP In reply to a letter from the applicant ’s lawyer , in DATE L. , a neurologist at ORG , wrote to him advising that myelopathy was a chronic and slowly progressing disease , leading to gradual deterioration of the patient ’s condition with increased symptoms related to the motor function , level of awareness , the function of the pelvic organs and bedsores . The neurologist concluded that “ complex therapy was required in a specialised medical institution , including an electromyography ( ORG ) test DATE , irrespective of the treatment ’s effectiveness ” .", "In DATE the applicant complained to the national authorities in relation to inadequate medical assistance rendered to him and poor conditions of his detention ( see paragraphs CARDINAL - CARDINAL below ) .", "In DATE one of the above - mentioned neurologists examined the applicant and prescribed massage , medication and vitamins .", "According to the applicant , he was not provided with any specific treatment ( medication or physical therapy ) in relation to his myelopathy . Any mention in his medical records of a refusal to receive myelopahyrelated treatment was forged . None of the refusals were written on a special form and none of them bore his signature , despite the requirements of national legislation ( see also paragraph CARDINAL below ) .", "NORP Since DATE the applicant has suffered from frequent convulsions and has had difficulties in holding items in his hands .", "In DATE the applicant was examined by neurologist PERSON , who made the following findings :", "“ There is long - term and progressive post - traumatic damage to the lumbosacral plexus , which prevents active movement with the left leg . Damage to the lumbar spine and left leg prevents autonomous walking and results in a considerable reduction of autonomous movement . Thus , at the moment , the patient has a persisting dysfunction of the motor function of the left leg , impossibility of autonomous movement , dysfunction of the motor function of the right arm / hand ... The patient requires constant help and active treatment . Focus should be on physiotherapeutic procedures and medical rehabilitation ( electro - stimulation , anaesthetic / analgesic treatment ) . I recommend medication by PERSON compositum , Berlition and adequate nonsteroid anaesthetic / analgesic treatment and vascular medication with ORG and a course of Aktovegin ... A consultation with a trauma specialist and a rheumatologist is necessary to [ further ] adapt [ existing ] medical procedures . ”", "Similar recommendations were made in DATE .", "Since DATE the applicant has been suffering from tuberculosis , which became drug - resistant and affected by haemoptysis ( coughing up of blood ) in DATE . The applicant was prescribed medication and injections but refused them on numerous occasions because of acute negative side effects such as nausea . The applicant ’s medical records indicate that on several occasions medical staff talked to him about the need to continue treatment but to no avail .", "On an unspecified date before his admission to hospital , the applicant underwent a gastrectomy , significantly reducing his stomach . The applicant has also had CARDINAL of his tongue removed , due to which his speech is impaired . In DATE the applicant weighed QUANTITY for QUANTITY in height .", "The applicant has also suffered ( and continues to suffer ) from acute pain in the stomach area , the liver , the kidneys and from nausea . According to the applicant , he was not examined by a gastroenterologist or given any treatment . An endoscopy was carried out for the first time in DATE . On CARDINAL occasions it was not carried out , although the applicant had not made a valid refusal . No medication was provided to him .", "NORP In DATE the applicant was given an electrocardiogram ( ECG ) test . No prior or subsequent tests or medication were provided , despite the applicant ’s acute and persistent heart pains . He was not examined by a cardiologist .", "Since DATE the applicant has also suffered from enuresis ( urinary incontinence ) . It was recorded in DATE that the applicant had made verbal complaints to the unit supervisor about his treatment and had asked that his mattress be replaced because of a urine odour . His request was refused , as no smells were detected and the mattress was dry .", "NORP Despite his liver pains , he was not examined by a hepatologist ; nor was he given any medication . He submitted that the latter was particularly important , given that he had received chemotherapy for his tuberculosis .", "NORP In DATE the applicant was examined by an ophthalmologist . In DATE he was diagnosed with slight nearsightedness and retinal angiospasm . In reply to a complaint he made of deteriorating eyesight , in DATE it was recorded that no visual acuity test could be carried out in the cell and no treatment was required .", "The applicant has lost most of his teeth . His remaining teeth and his gums are rotten and cause him pain . The applicant had CARDINAL consultations with a dentist ; no treatment was given following those consultations .", "According to the applicant , no medical assistance has been provided to him DATE in particular , from DATE to DATE in relation to his above - mentioned conditions ( see also paragraph CARDINAL below ) .", "A discharge certificate was issued on DATE . It is unclear whether the applicant remained in solitary confinement or was transferred to another part of the hospital . On DATE he complained to a neurologist of pain in his extremities and was prescribed medicine . He was also examined by a therapist and was given medicines for headache and abdominal pains . He was examined on DATE due to the worsening of his state of health and was given vitamins and medicines for intestinal disbacteriosis and colitis . DATE he was examined by an ENT specialist , on whose prescription he was given an iodine - based liquid to rinse his mouth with . On DATE he was examined by a dentist and an ENT specialist who confirmed a diagnosis of antritis . In DATE he was provided with a follow - up check - up and was told to continue the treatment .", "The Government argued , with reference to the applicant ’s medical records , that on numerous occasions DATE the applicant had refused to be examined , to take medicines ( mainly tuberculosis related ) , to undergo medical examinations or to submit to laboratory tests . For instance , as could be seen from his medical records , the applicant had complained of pain in his body on DATE , pelvic pain on DATE and pain in his arms on DATE but had “ plainly refused to submit to an examination ” .", "NORP In support of their statements , the Government relied on typed copies of the applicant ’s medical records for the period from DATE to DATE , medical reports ( медицинские заключения ) of DATE issued by the administration of prison no . CARDINAL , as well as on various certificates issued by the administrations of prisons no . CARDINAL and LIU-CARDINAL , their licences for providing medical care and documents confirming the qualifications of their medical staff .", "The Government stated that the above documents were official documents submitted by duly authorised public officials in the performance of their official duties . These officials , by the nature of their functions , were aware of the fact that any false information could result in prosecution for abuse of power or forgery of official documents .", "In DATE the applicant was admitted to the tuberculosis unit of the hospital attached to prison no . CARDINAL .", "DATE the applicant was kept in various cells accommodating , at various times , CARDINAL people . In the first cell there was no mandatory ventilation . The cells were dirty , poorly heated , filled with unpleasant kitchen odours and infested with insects and rodents .", "In DATE the applicant was transferred to another cell in which he was kept alone . The cell window was covered with newspaper , hindering access to natural light . The temperature in the cell and the adjoining shower room was often low .", "Being unable to shout for help owing to the fact that part of his tongue was missing , the applicant was obliged to attract the hospital ORG attention by throwing items at the door or by knocking on his bedside table . The door to the cell was kept locked and was unlocked by prison officers at the ORG request .", "The applicant needed assistance to use toilet and to wash himself . Once a month two detainees took him to the shower room and washed him . In addition , a hospital attendant brought a basin into the cell so that the applicant could wash his face . The applicant was provided with a piece of soap and a small roll of toilet paper once DATE .", "The cell was filled with a urine odour because of the applicant ’s enuresis . According to the applicant , his request for a new mattress and more frequent cleaning of bed linen was refused . The food was of poor quality . The applicant was not provided with drinking water and had to drink tap water . He was not taken outdoors during his stay in the hospital .", "The applicant was not visited by doctors or given medication after DATE . On DATE a prison doctor told him that he would soon be discharged from the hospital because he had completed his tuberculosis treatment and that further treatment would be of no use because the applicant was suffering from a drug - resistant form of the disease and his lungs were deteriorating .", "Although he had been informed of his imminent discharge , the applicant was not transferred from the prison hospital . He was not examined by the doctors ; once DATE he received visits from hospital attendants who brought him food and water and cleaned his chamber pot . The doctors and nurses refused to examine him , claiming that he had been discharged and thus was not “ on the hospital ’s books ” .", "The applicant submitted written statements from several detainees , who , however , had not been kept in the same cell(s ) . PERSON . described the general material conditions of confinement in the tuberculosis unit DATE . Mr PERSON described the conditions of his detention in the hospital in DATE and “ in and after DATE ” . Mr NORP and PERSON . stated that since DATE they had been kept in rooms measuring QUANTITY and accommodating CARDINAL people . They added that they had heard about the applicant ’s solitary confinement ; about his inability to move around and to take care of himself ; and that he had not been taken outdoors for a long time .", "According to the ORG , the applicant had been kept alone under the constant supervision of CARDINAL hospital attendant and twentyfourhour assistance from on - duty staff had been available . At any moment the applicant could have asked to be helped by the attendant present . The applicant was able to access , alone or with assistance , a chamber pot or the toilet , which was QUANTITY from his cell . The toilet was equipped with a flushing cistern ; a sink was also made available there . The chamber pot was kept in the cell and was always cleaned after use . Bedding had been cleaned and a shower had been available once per week . As could be seen from the applicant ’s medical records , in DATE the applicant had not needed another mattress because he had not asked for it or because there had not been a urine odour in the cell . The cell had functioning mandatory ventilation and air was able to enter the cell through a window ventilator . The window provided access to natural light ; this window was properly glazed . Artificial light was also available in the cell . The heating system functioned properly , achieving a room temperature of QUANTITY on average . The applicant had been fed in accordance with the regulations concerning ill detainees . The applicant had been taken , on foot or in a wheelchair , to outdoor exercise CARDINAL times per day .", "On DATE the applicant and his lawyer requested that criminal proceedings be initiated concerning inadequate medical assistance rendered to the applicant and poor conditions of his detention . They referred to LAW ( “ failure to provide medical assistance ” ) and LAW ( “ breach of sanitary and health regulations ” ) of LAW .", "Subsequent events can be split into CARDINAL parallel sets of proceedings , in which the applicant was represented by a lawyer before the national authorities , including the courts .", "On DATE an assistant to the PERSON town prosecutor supervising penitentiary facilities ( “ the town prosecutor ” ) examined the above complaint and issued a written opinion ( заключение ) stating that no action was required from the prosecutor under LAW of LAW ( see paragraph CARDINAL below ) . The town prosecutor approved the assistant prosecutor ’s opinion ; the applicant was informed accordingly .", "The applicant brought court proceedings , challenging the opinion of CARDINAL DATE and the town prosecutor ’s refusal to take action . By a judgment of DATE ORG in PERSON held that this refusal was unlawful because the inquiry had not been thorough for the following reasons : the applicant ’s medical records had not been assessed ; no medical expert had been appointed ; the material conditions of the applicant ’s confinement in hospital had not been inspected ; the applicant and his counsel had not been heard ; no assessment had been made of the applicant ’s complaints concerning lack of outdoor exercise , the deplorable quality of food , insufficiency of hygiene items and the sanitary condition of the shower room and toilets .", "In DATE an assistant town prosecutor issued a new opinion , again concluding that that no action was required from the town prosecutor under section CARDINAL of LAW . This decision was confirmed by the town prosecutor . However , in DATE for unspecified reasons the town prosecutor reconsidered his own decision and ordered an additional inquiry . In DATE the assistant prosecutor issued a new refusal , which was then confirmed by the town prosecutor .", "The applicant brought court proceedings to challenge this refusal . By a judgment of DATE ORG held that the refusal had not been properly reasoned because only part of the procedural shortcomings identified in the court decision of DATE had been remedied in the resumed inquiry . The court held as follows :", "“ The proper examination of the complaint relating to inadequate medical assistance within the penitentiary system required that an expert opinion should be sought from specialists unrelated to the penitentiary system ... The refusal under review contained no assessment of the complaints concerning chest and heart pain ; ... no assessment was made of the allegations concerning the lack of consultation with a cardiologist and the absence of any electrocardiogram ... The prosecutor ’s findings as to the quality of the food was based on ... reports , while no indication was made as to the method used , for instance lab tests . No assessment was made of the relevant logbooks . The assessment concerning sanitary installations , the alleged presence of rodents and insects , and lack of outdoor exercise was not thorough ... ”", "In DATE the regional tuberculosis hospital examined the applicant ’s medical records at the request of ORG of ORG . The hospital considered that the applicant had been provided with adequate tuberculosis - related treatment in prison no . CARDINAL and that the effectiveness of this treatment had been adversely affected by the applicant ’s repeated refusals to take medicines and to comply with his ORG recommendations .", "Also , CARDINAL people , apparently connected to the regional clinical hospital , examined the applicant ’s medical records and on DATE issued a short report concerning illnesses affecting the applicant ’s nervous system . The panel held as follows :", "“ The treatment provided [ to the applicant ] was in full compliance with the applicable standards , in line with the diagnosis established in DATE and the recommendations issued by medical specialists in GPE . Since DATE the patient has been regularly supervised by neurologists from the regional hospital and medical institutions [ in ] GPE and GPE . The disease has developed gradually so that additional check - ups were necessary in the meantime . Conclusions : no cervical spine MRI scan has been carried out , despite a recommendation [ that one should be conducted ] after computer X - ray imaging ; no consultation by a neurosurgeon has been arranged ; no thioctic acid based medicine has been prescribed . ”", "The town prosecutor asked ORG of ORG to carry out an inquiry regarding the medical care provided to the applicant in detention . The department ’s letter of DATE indicated that the department had carried out an “ independent ” inquiry involving unspecified “ out - of - staff ” leading medical professionals who had examined the applicant ’s medical records . They concluded as follows :", "“ Treatment provided [ to the applicant ] in prison no . CARDINAL was in compliance with the standard treatment required for patients suffering from drug - resistant tuberculosis ... All relevant methods of treatment were used . The effectiveness of the treatment was affected by [ the applicant ’s ] repeated refusals to [ take his ] prescribed medicines , as confirmed by the medical records . Treatment of [ the applicant ’s ] somatic illnesses was fully compliant with the diagnosis and recommendations made by the ORG specialists in DATE . Since DATE the patient has been regularly supervised by neurologists from the regional hospital and medical institutions [ in ] GPE and GPE . The disease has developed gradually so that additional check - ups were necessary in the meantime . Conclusions : no cervical spine MRI scan has been carried out , despite a recommendation [ that one should be conducted ] after computer X - ray imaging ; no consultation by a neurosurgeon has been arranged ; no thioctic acid based medicine has been prescribed . ”", "In his opinion of DATE , an assistant town prosecutor again considered that no action was required on the part of the prosecutor in reply to the applicant ’s complaint . The assistant town prosecutor held as follows :", "“ The applicant has been admitted to hospital in relation to infiltrating pulmonary tuberculosis , as well as cervical spinal myelopathy affecting movement of the right arm and the legs ...", "The main diagnosis ( tuberculosis ) has been confirmed by X - rays and bacteria analysis . The following medical acts were carried out : blood tests , an electromyography ( ORG ) test in DATE , GPE scanning in DATE ... As mentioned in the [ applicant ’s medical ] records , DATE [ the applicant ] refused to take medicines for [ treating his ] tuberculosis ... During his stay in the tuberculosis unit he was regularly examined by neurologist PERSON The latter explained that he had been supervising the patient since DATE .", "As can be seen from the medical history : in DATE the patient was treated for posttraumatic plexopathy . He was given an ORG test , was examined by a specialist doctor and was diagnosed with osteochondrosis and discogenic radiculopathy ... He received vascular therapy , B - group vitamins [ and ] non - steroidal anti - inflammatory drugs .", "In DATE the applicant was diagnosed with pulmonary tuberculosis and was treated in a tuberculosis unit . He was given an ORG test , a GPE scan and an X - ray . As a result , he was diagnosed with cervical spinal myelopathy ... radiculopathy [ and ] sciatic neuralgia affecting the movement of [ his ] left foot .", "The patient was and is regularly examined by a neurologist . The [ doctor ’s ] recommendations included a course of vascular therapy , vitamin therapy and [ the applicant ] was instructed about the further intake of muscle [ neuromuscular ] relaxants ...", "At present the patient ’s state of health is stable , he has been regularly examined by a neurologist but has refused to [ take the medicines prescribed for him ] in DATE and DATE . On several occasions he was examined by specialist medical professionals ( such as a surgeon , a therapist and a dermatologist ) but refused to be examined by a psychiatrist . At present , he is in section CARDINAL of the hospital in prison no . CARDINAL .", "In order to assess the medical care afforded [ to the applicant ] , specialists from the regional department of ORG were asked to examine [ his ] medical records together with regional specialists . ”", "Having cited the letter of DATE ( see paragraph CARDINAL above ) , the assistant prosecutor concluded that “ independent specialists [ had ] considered that the patient had been treated in full compliance with the relevant standards ” .", "Concerning the material conditions of the applicant ’s confinement , the assistant prosecutor made the following findings :", "“ The material in the file discloses that in DATE the prison received a favourable ( preventive ) epidemiological report . This report is valid until DATE ... In DATE section CARDINAL of the prison hospital was inspected ; [ the inspection ] did not disclose any violations of sanitary regulations . Moreover , in DATE repair works were carried out in the tuberculosis unit . Thus , in DATE it was not possible to inspect the sanitary conditions [ pertaining in ] the earlier period . Food provided to detainees complied with the relevant regulations concerning minimum rations for convicts . Food cooking and [ detainees’ ] diet were controlled by medical professionals together with on - duty officers . [ The applicant ] was given a special diet for ill detainees . He was also provided with the required hygiene items , which could be confirmed by his signatures in the logbooks . Clothes and bedding had to be submitted for laundering once per week and would be disinfected .", "During the inquiry detainees T. , P. and PERSON were interviewed . Their testimony was not convincing , as they had been named by [ the applicant ’s ] lawyer . Detainees Kh . , PERSON and GPE were also interviewed and stated that the material conditions in the living premises of the tuberculosis unit , including food , had been acceptable ; cleaning had been regular . [ The applicant ] had been in the unit since DATE when the material conditions had been the same ; he had been given medication and had had regular check - ups . An attending assistant had been assigned to him .", "Zo . and ORG . had not answered the summons and could not be interviewed .", "The prison has a contract with a private company for disinfecting the LOC and eradicating rodents and insects . This work was done on a DATE basis . No complaints were made by detainees or staff .", "Consequently , the arguments raised by the [ applicant ’s ] lawyers were examined during the additional inquiry and should be dismissed as unfounded . ”", "The applicant sought judicial review of the refusal of CARDINAL DATE under LAW of the Code of Civil Procedure ( see paragraph CARDINAL below ) . The applicant argued that the report of DATE ( see paragraph CARDINAL above ) had not been “ independent ” and thorough because : there had been no information about the professional status and the medical specialities of the experts , who may or may not have been the report ’s signatories ; the applicant had not been examined by any of those individuals ; the report had contained no findings concerning the adequacy of the applicant ’s medical care in relation to his neurological illness , various ( liver , stomach and heart ) pains , eyesight or his dental care . Thus , a court - ordered forensic examination was indispensable .", "By a judgment of CARDINAL DATE ORG in PERSON examined the applicant ’s complaint against the above refusal of CARDINAL DATE and rejected the complaint . The court considered that a public prosecutor was empowered to ensure that no inhuman or degrading treatment was inflicted on detainees . To comply with this function the prosecutor was empowered to carry out inquiries , which should result in reasoned decisions . Such an inquiry had been carried out DATE . In the court ’s view , the prosecutor had examined all relevant medical documents , including expert reports , and had interviewed a number of public officials , detainees , the applicant and his counsel . The court also held as follows :", "“ A number of medical professionals were charged with the task of assessing the treatment provided to the applicant . An independent expert examination concluded that the applicable standards for treating tuberculosis had been respected ; the treatment had been affected by the applicant ’s repeated refusals , as recorded , to comply with the recommended course of treatment . The applicable standards of treating somatic diseases had been equally respected . From DATE the applicant had been supervised by neurologists ; no cervical spine MRI scan had been carried out , despite a recommendation [ that one should be conducted ] after computed X - ray imaging ; no consultation by a neurosurgeon had been arranged ; no thioctic acid based medicine had been prescribed .", "As to the complaints concerning chest or heart pain , as indicated in the inquiry report , the applicant had been examined by cardiologists , had had an electrocardiogram test and had received treatment .", "No sufficient argument was adduced by the applicant for commissioning yet another independent expert report . In any event , this argument had not been raised during the inquiry .", "As to food , the applicant was given and continues to receive a special diet . The food control record indicates that [ his ] rations , their quality and quantity were in line with applicable instructions and standards .", "As to sanitary installations , the competent authority has issued a report confirming the sanitary conditions [ were ] proper . It was established that in DATE significant repair works had been ongoing in the tuberculosis unit . Thus , it had been impracticable to inspect the units , the shower room or the toilet facilities to which the applicant had previously had access . The findings concerning the absence of rodents and insects in the detention facility had been made with reference to a valid contract for disinfection services , the current reports concerning the performance of the contract and due to the absence of any complaints from the [ facility ’s ] personnel or detainees . Hygiene items had been given to the applicant against his signature on a DATE basis . Clothing and bedding was and is disinfected and cleaned once per week .", "In view of the foregoing , the court concludes that the DATE inquiry report and its conclusions were reasoned and thorough , and comply with the requirements of [ applicable ] legislation ” .", "The applicant appealed . On DATE ORG upheld the judgment of DATE . It held as follows :", "“ The applicant ’s arguments concerning the correctness of [ his ] medical diagnosis and the scope and correctness of [ his ] treatment were thoroughly examined and dismissed by the first - instance court . The latter ’s assessment was based on all available medical evidence , which had been received from , amongst other sources , sources unrelated to the penal authorities . ”", "In the meantime , the applicant complained that no decision had been taken as to the institution of criminal proceedings , as requested . By a decision of CARDINAL DATE the regional prosecutor ’s office refused to institute criminal proceedings , considering there had not been the corpus delicti required under LAW and QUANTITY of LAW in the actions of the hospital ’s staff . On DATE the higher investigating authority quashed this decision , considering that it was necessary to interview the medical staff of the detention facility .", "On DATE the investigating authority issued a new refusal to institute criminal proceedings for lack of a criminal offence . On DATE ORG in PERSON dismissed the applicant ’s appeal and upheld this refusal . On DATE ORG upheld the first - instance decision of DATE .", "For unspecified reasons , the inquiry was resumed . On DATE an investigator in ORG issued another refusal to institute criminal proceedings .", "On DATE ORG in PERSON examined the applicant ’s complaint against the refusal of CARDINAL DATE under LAW and rejected the complaint . The court held as follows :", "“ Since DATE the inquiry proceedings have been resumed on several occasions ... The applicant is being detained in a medical facility and has been and is being provided with appropriate medical assistance . It has been established that on a number of occasions he impeded treatment and refused to make medicines . It has not been established that the deterioration of his health was due to inaction on the part of the medical staff . No dangerousness on account of a breach of sanitary regulations , required by LAW , has been established . ”", "On DATE ORG upheld the above judgment .", "Section CARDINAL of LAW ( Federal Law no . GPE of DATE ) provided at the time that a prosecutor was empowered to order a detention facility to take measures necessary in order that a detainee ’s rights and freedoms be respected .", "NORP In accordance with ruling no . CARDINAL of CARDINAL DATE made by ORG of GPE , complaints brought by detainees in relation to inappropriate conditions of detention ( for instance , a lack of adequate medical assistance ) , as well as complaints against decisions imposing disciplinary penalties , should be examined by a court under a procedure prescribed by LAW of LAW . According to this procedure , a person may lodge a court action if an action or omission by a public authority or official has violated an individual ’s rights or freedoms , has impeded their exercise or has unlawfully imposed an obligation or liability ( Articles CARDINAL and CARDINAL of the Code ) . This action should be lodged within DATE when the person learnt about the violation of his rights or freedoms ( LAW ) . If the court considers that the complaint is justified , the court shall order the respondent authority or official to remedy the violation ( LAW ) .", "Section CARDINAL of LAW ( Federal Law no . GPE of DATE ) provides that detainees have a right to medical assistance , such assistance being provided if necessary in public or municipal medical institutions and at public or municipal expense .", "Detailed regulation of medical care in detention is provided in a Regulation adopted by ORG and ORG ( decree no . CARDINAL of CARDINAL DATE ) . It provides that medical assistance in detention should be the same as that guaranteed by the general programme of free health care provided in GPE ( Rule QUANTITY of the Regulation ) . Outpatient health files and prescription records should not be handed over to detainees ; detainees have a right to receive information relating to their state of health and should be given access to medical documents ( Rule CARDINAL ) ." ]

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[ "NORP The applicant , PERSON , is a NORP national who was born in DATE and lives in GPE . She was represented before the ORG by Mr İ. D. Gökkılıç , a lawyer practising in GPE .", "On DATE the applicant ’s mother had an endoscopy done in ORG ( a private hospital in GPE ) . It was discovered that she had a cancerous tumour in her stomach . She was referred to a doctor in the same hospital in order to have the cancerous tumour removed from her stomach .", "On DATE the applicant signed the first consent form ( of CARDINAL ) , which reads as follows :", "“ I , the undersigned , hereby give consent to the surgical treatment to be administered for stomach cancer .", "I am aware that the below mentioned procedure is being planned and I am giving my free consent and authorisation for a “ total gastrectomy ” .", "I have been given by my doctor understandable information on my health condition , the surgery to be carried out , the risks and benefits connected therewith , the possible complications , the alternatives and the risks of not undergoing treatment .", "I know that the result can not be guaranteed .", "In the event that an additional or other operation is needed other than those already planned , I am giving consent to those operations as well ... ”", "On DATE she was operated on ( “ gastrectomy ” , “ esophagojejunostomy ” and “ jejunostomy ” were applied ) .", "On DATE after the surgery , an “ anastomotic leakage ” was detected . On DATE another surgery was performed by another doctor from outside the hospital for fistulas . The “ omega esophagojejunostomy ” was converted into a “ FAC Y ” type reconstruction . Following this surgery a gastrointestinal haemorrhage occurred .", "On DATE another operation ( “ laparotomy ” ) was carried out to stop the bleeding , drain the blood and fix the leakage .", "On DATE when a leakage of intestinal contents started in the patient ’s abdominal wound , another surgery was done ( “ laparotomy ” and “ drainage ” ) .", "On DATE a “ percutaneous tracheostomy ” was performed .", "On DATE the last operation was carried out for duodenal fistula and complications associated with laparotomy .", "On DATE the patient developed “ pneumothorax ” .", "On DATE or DATE the applicant ’s mother died of cardiac arrest resulting from multiple organ dysfunction . All attempts at resuscitation failed .", "On DATE the applicant and her daughter instituted compensation proceedings against ORG and CARDINAL doctors for having caused their mother and grand mother ’s death by negligence . On DATE , they also lodged a complaint with the public prosecutor of PERSON .", "NORP The public prosecutor started an investigation into the death of the applicant ’s mother . As far as understood from the case file , the applicant , the doctor who had performed the first surgery , some other medical staff involved in the treatment of the applicant ’s mother , including the doctor who had carried out the operation on DATE , gave statements . An expert opinion dated DATE was obtained from ORG ( CARDINALrd committee ) . Relying on the applicant ’s mother ’s medical history and witness evidence , it was concluded in the expert opinion that the treatment administered following the diagnosis of stomach cancer had been adequate and that the anastomotic leakage , which led to the death of the applicant ’s mother , had been a typical complication in this kind of surgery .", "On DATE the public prosecutor gave a decision of non - prosecution based on the expert opinion , witness statements and the deceased ’s medical records . The objection filed against this decision was also dismissed on DATE .", "Subsequently , ORG appointed CARDINAL professors from ORG for another expert opinion . In this expert report , the experts observed the following :", "“ It was the leakage after the first surgery that started the chain of events that led to the applicant ’s mother ’s death ; the method to be used to close a surgical wound , namely stitching or stapling , is to be chosen by the surgeon depending on the circumstances . In view of the deceased ’s age , manual suturing could be considered as convenient . By the same token , in a total gastrectomy , it is for the surgeon to decide on the method to be applied in gastric reconstruction , either “ Omega ” or “ PERSON Y ” type . That the leakage was noticed on DATE after the first operation showed that the follow - up of the patient had been duly carried out . An anastomotic leak is the major post - operative complication of a total gastrectomy , the incidence of which has been reported to be PERCENT . In the deceased ’s case , the anastomotic leakage began at an early stage in the post - operative period . Although this suggests technical incompetence , there is no evidence to that effect ; the treatment to be administered for an anastomotic leakage is still debated . Treatment options range from conservative management to aggressive surgery . The course of treatment followed in the deceased ’s case seems to be appropriate and in line with the medical practice . Unfortunately , after all these complications , the development of multiple organ dysfunction could have been expected . There is no finding which might substantiate that the hospital and/or doctors involved in the treatment were at fault . ”", "On DATE the applicant challenged the findings of the CARDINAL professors and demanded that a new expert report should be obtained .", "Relying on the expert reports drawn up by ORG and the CARDINAL professors appointed from ORG , the witness evidence , the medical records of the deceased and the investigation file of ORG , the first - instance court rejected the applicant ’s action on DATE on the grounds that they had been duly informed of the procedure followed and that there was no fault attributable to the hospital or doctors .", "On DATE ORG upheld the judgment of the first instance court after having held a hearing . The applicant requested rectification . ORG dismissed the request on CARDINAL DATE . The final decision was served on DATE ." ]

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[ "The first applicant , PERSON , was born in DATE and lives in GPE .", "On DATE , together with CARDINAL others , she took part in a protest against a grouse shoot on ORG , GPE . During TIME , the protesters attempted to obstruct and distract those taking part in the shoot . At TIME the shooting party broke for lunch and did not recommence until TIME , when the police arrived and an officer began warning the protesters , through a public address system , to stop their behaviour . The protesters ignored this request and the police made a total of CARDINAL arrests .", "Ms Steel was arrested by a police officer at TIME for “ breach of the peace ” ( see paragraphs CARDINAL–CARDINAL below ) . According to the police she was intentionally impeding the progress of a member of the shoot by walking in front of him as he lifted his shotgun to take aim , thus preventing him from firing .", "She was taken to a police vehicle where she was detained until TIME , when she was transferred to a prison van . At TIME she was taken to GPE police station . Upon review , her continued detention there was authorised at TIME to prevent any further breach of the peace ” and subsequently , at TIME on DATE , “ in order to place her before the court later [ that ] TIME ” . In total she was detained for TIME .", "At TIME on DATE she was cautioned and charged . The charge - sheet stated :", "“ That you did on DATE at Wheeldale Beck in the NORP of PERSON behaved [ sic ] in a manner whereby a breach of the peace was occasioned . The complaint of PC CARDINAL Dougall of ORG who applies for an order requiring that you enter into a recognizance with or without sureties to keep the peace . Pursuant to section CARDINAL of LAW DATE [ “ the DATE Act ” – see paragraphs CARDINAL–CARDINAL below ] . ”", "At TIME on DATE , she was further charged with using “ threatening , abusive or insulting words or behaviour within the hearing or sight of a person likely to be caused harassment , alarm or distress ” , contrary to LAW ” – see paragraph CARDINAL below ) .", "She attended court on TIME CARDINAL DATE and was released on conditional bail , the condition being that she was not to attend any game shoot in GPE during the period of remand .", "Ms Steel ’s trial took place before ORG DATE . She was acquitted on the section CARDINAL charge relating to TIME of CARDINAL DATE , and convicted on the section CARDINAL charge relating to TIME . The magistrates found the complaint regarding the alleged breach of the peace proved but did not specify what behaviour of the applicant justified this conclusion or whether the complaint related to TIME .", "Ms Steel appealed . Her appeal was heard by way of rehearing on DATE by ORG , which upheld the GPE findings , imposed a fine of MONEY ( GBP ) for the section CARDINAL offence , and , in respect of the breach of the peace , ordered the applicant to agree to be bound over for DATE in the sum of GBP CARDINAL ( see paragraph CARDINAL below ) .", "ORG refused to be bound over , and was committed to prison for DATE .", "The second applicant , PERSON , was born in DATE and lives in GPE , GPE .", "On DATE , she took part in a protest against the building of an extension to the MCARDINAL motorway in GPE , GPE . During the course of DATE a group of CARDINAL protesters repeatedly broke into a construction site , where they climbed into trees which were to be felled and onto some of the stationary machinery . On each occasion they were removed by security guards . The protesters did not offer any resistance and there were no incidents of violence or damage to machinery .", "Ms Lush was arrested at TIME while standing under the “ bucket ” of a “ ORG ” digger , for conduct “ likely to provoke a disturbance of the peace ” . She was taken to GPE police station where she was charged at TIME The charge - sheet states :", "ORG as a person whose conduct on DATE at GPE , PERSON , was likely to provoke a disturbance of the peace to be brought before a Justice of the FAC or Magistrate to be dealt with according to law . ”", "She was kept in custody until TIME DATE ( MONEY detention ) , on the grounds that if released she would cause a further breach of the peace .", "She appeared before ORG on TIME of DATE to answer an allegation that she had engaged in conduct likely to provoke a disturbance of the peace . The proceedings were adjourned and she was released .", "The proceedings resumed on DATE , when the allegation of conduct likely to cause a breach of the peace , brought under section CARDINAL of LAW , was found to have been made out . PERSON was ordered to agree to be bound over for DATE to keep the peace and be of good behaviour in the sum of GBP CARDINAL . She refused to be bound over and was committed to prison for DATE .", "On DATE PERSON requested the magistrates to state a case to ORG ( see paragraph CARDINAL below ) . The magistrates replied on DATE that under LAW of LAW they would require a recognizance of GBP CARDINAL that the applicant would prosecute the appeal without delay , submit to judgment and pay any costs ordered by ORG . After correspondence between PERSON representatives and the clerk of the court concerning the applicant ’s means , the magistrates agreed to reduce the recognizance to GBP CARDINAL . However , PERSON was unable to continue with the appeal since her application for legal aid was refused .", "PERSON , born in DATE , Mr PERSON , born in DATE , and Mr PERSON , born in DATE , all live in GPE .", "On DATE , at TIME , they attended the Queen Elizabeth Conference Centre in GPE , GPE , where the “ Fighter Helicopter II ” Conference was being held , in order to protest with CARDINAL others against the sale of fighter helicopters . The protest took the form of handing out leaflets and holding up banners saying : “ Work for Peace and not War . ”", "At TIME the CARDINAL applicants were arrested by police officers . PERSON was holding a banner and PERSON and PERSON Cole were distributing leaflets . All CARDINAL applicants were taken to ORG police station where the custody record for each states the “ circumstances ” ( the word “ charges ” having been deleted ) as :", "“ Breach of the peace , common law .", "On DATE at ORG , FAC , GPE SWCARDINAL , constituted or was likely to provoke a disturbance of the peace to be brought before a ORG of the Peace to be dealt with according to law .", "Contrary to common law . ”", "At TIME the applicants were taken to FAC where they were detained in a cell . They were brought before the magistrates at TIME , having been detained for TIME . The magistrates adjourned the matters due to lack of time and the applicants were released .", "On DATE , when the proceedings were resumed , the prosecution decided not to call any evidence and the magistrates dismissed the case against the applicants .", "Breach of the peace DATE which does not constitute a criminal offence ( NORP v. County ORG , ex parte ORG Commissioner [ DATE ] CARDINAL ORG Bench Reports CARDINAL ) – is a common - law concept dating back to DATE . However , as Lord PERSON , giving judgment in ORG in the case of NORP v. PERSON ( [ DATE ] CARDINAL Queen ’s Bench Reports CARDINAL ) , remarked in DATE :", "“ A comprehensive definition of the term ‘ breach of the peace’ has very rarely been formulated … ” ( p. CARDINAL )", "He continued :", "“ We are emboldened to say that there is likely to be a breach of the peace whenever harm is actually done or is likely to be done to a person or in his presence to his property or a person is in fear of being so harmed through an assault , an affray , a riot , unlawful assembly or other disturbance . ” ( p. CARDINAL )", "NORP In DATE , in a differently constituted ORG giving judgment in NORP v. Chief Constable of GPE and GPE , ex parte ORG ( [ DATE ] ORG Reports CARDINAL ) , which concerned a protest against the construction of a nuclear power station , Lord ORG , Master of the Rolls , defined “ breach of the peace ” more broadly , as follows :", "“ There is a breach of the peace whenever a person who is lawfully carrying out his work is unlawfully and physically prevented by another from doing it . He is entitled by law peacefully to go on with his work on his lawful occasions . If anyone unlawfully and physically obstructs the worker DATE by lying down or chaining himself to a rig or the like – he is guilty of a breach of the peace . ” ( p. CARDINAL )", "In a subsequent case before ORG ( PERSON v. Director of Public Prosecutions [ DATE ] CARDINAL Weekly Law Reports CARDINAL ) , Mr Justice PERSON followed ORG , rather than ex parte ORG , in holding that there must be a risk of violence before there could be a breach of the peace . However , it was not essential that the violence be perpetrated by the defendant , as long as it was established that the natural consequence of his behaviour would be to provoke violence in others :", "“ The conduct in question does not itself have to be disorderly or a breach of the criminal law . It is sufficient if its natural consequence would , if persisted in , be to provoke others to violence , and so some actual danger to the peace is established . ” ( p. DATE )", "In another case before ORG , PERSON and PERSON v. Director of Public Prosecutions ( [ DATE ] Justice of the Peace Reports CARDINAL ) , Lord Justice PERSON stated :", "“ … the court would surely not find a [ breach of the peace ] proved if any violence likely to have been provoked on the part of others would be not merely unlawful but wholly unreasonable – as of course , it would be if the defendant ’s conduct was not merely lawful but such as in no material way interfered with the other ’s rights . A fortiori , if the defendant was properly exercising his own basic rights , whether of assembly , demonstration or free speech . ” ( p. CARDINAL )", "A person may be arrested without warrant by exercise of the common - law power of arrest , for causing a breach of the peace or where it is reasonably apprehended that he is likely to cause a breach of the peace ( PERSON v. PERSON [ DATE ] Appeal Cases CARDINAL at CARDINAL ) . This power was preserved by ORG sections CARDINAL(CARDINAL ) and CARDINAL ) ) .", "Section CARDINAL of LAW CARDINAL ( “ the DATE LAW ) creates the offence of threatening , abusive , insulting or disorderly conduct likely to harass , alarm or distress others . It is triable before magistrates and punishable by fine . It is a defence to a charge under LAW CARDINAL for the accused to show that the behaviour in question was reasonable in the circumstances .", "Magistrates have powers to “ bind over ” under LAW DATE ( “ the DATE LAW ) , under common law and under LAW ( “ the GPE ” ) .", "A binding over order requires the person bound over to enter into a “ recognizance ” , or undertaking secured by a sum of money fixed by the court , to keep the peace or be of good behaviour for a specified period of time . If he or she refuses to consent to the order , the court may commit him or her to prison , for DATE in the case of an order made under LAW or for an unlimited period in respect of orders made under LAW or common law . If an order is made but breached within the specified time period , the person bound over forfeits the sum of the recognizance . A binding - over order is not a criminal conviction ( NORP v. GPE DATE , ex parte ORG Commissioner [ DATE ] CARDINAL ORG Bench Reports CARDINAL ) .", "Section CARDINAL of the CARDINAL Act provides :", "“ ( CARDINAL ) The power of a GPE court on the complaint of any person to adjudge any other person to enter into a recognizance , with or without sureties , to keep the peace or to be of good behaviour towards the complainant shall be exercised by order on complaint .", "( … )", "( CARDINAL ) If any person ordered by a GPE court under subsection ( CARDINAL ) above to enter into a recognizance , with or without sureties , to keep the peace or to be of good behaviour fails to comply with the order , the court may commit him to custody for a period not exceeding DATE or until he sooner complies with the order . ”", "The procedure under section CARDINAL of the CARDINAL Act is begun by laying a formal complaint , usually by a police officer . Before the magistrates can make an order they must be satisfied , on the basis of admissible evidence , that ( CARDINAL ) the defendant ’s conduct caused a breach of the peace or was likely to cause CARDINAL ( NORP v. PERSON , ex parte Ward [ DATE ] CARDINAL Criminal Appeal Reports CARDINAL ) ; and ( CARDINAL ) unless the order is made , there is a real risk that the defendant will cause a further breach of the peace in the future .", "Although a binding - over order is not a criminal conviction , these proceedings have been described as analogous to criminal proceedings . In the past it was unclear whether the court should apply the criminal or the civil standard of proof when deciding whether facts exist which warrant a binding - over order at the conclusion of the proceedings . However , in PERSON and PERSON v. PERSON ( cited above ) , Lord Justice PERSON stated :", "“ It is common ground that , although no criminal conviction results from finding such a complaint proved , the criminal standard of proof applies to the procedure . ”", "In addition to the above statutory procedure , magistrates have powers to bind over at common law and under LAW . These powers allow magistrates , at any stage in proceedings before them , to bind over any participant in the proceedings ( for example , a witness , acquitted defendant or a defendant who has not yet been acquitted or convicted ) , if they consider that the conduct of the person concerned is such that there might be a breach of the peace or that his or her behaviour has been contra DATE ( “ conduct which has the property of being wrong rather than right in the judgment of the vast majority of contemporary fellow citizens ” ( per Lord Justice PERSON in ORG v. ORG [ DATE ] CARDINAL ORG CARDINAL ) .", "An order of the magistrates to require a person to enter into a recognizance to keep the peace or to be of good behaviour can be appealed either to ORG or ORG . An appeal to ORG is limited to questions of law , and proceeds by way of “ case stated ” . Before stating a case , the magistrates may , under LAW of LAW , require the appellant to enter into a recognizance to pursue the appeal and to pay costs . An appeal to ORG , under ORG from Binding Over Orders ) Act DATE , section CARDINAL , proceeds as a rehearing of all issues of fact and law .", "In response to a request by the Lord Chancellor to examine binding - over powers , ORG ( the statutory law - reform body for GPE and GPE ) published in DATE its report entitled “ Binding Over ” , in which it found that :", "“ We are satisfied that there are substantial objections of principle to the retention of binding over to keep the peace or to be of good behaviour . These objections are , in summary , that the conduct which can be the ground for a binding - over order is too vaguely defined ; that binding - over orders when made are in terms which are too vague and are therefore potentially oppressive ; that the power to imprison someone if he or she refuses to consent to be bound over is anomalous ; that orders which restrain a subject ’s freedom can be made without the discharge of the criminal , or indeed any clearly defined , burden of proof ; and that witnesses , complainants or even acquitted defendants can be bound over without adequate prior information of any charge or complaint against them . ” ( Law Commission Report no . CARDINAL , § MONEY )", "ORG therefore recommended abolition of the power to bind over .", "Under section CARDINAL of ORG DATE , a civil action , for example for false imprisonment , may lie against a magistrate in respect of any act or omission in the purported execution of his or her duty only if it can be proved that he or she acted both in bad faith and in excess of jurisdiction ." ]

[ "10", "5" ]

[ "5-1" ]

[]

[ "10", "5", "6" ]

[ "5-1", "5-5", "6-3" ]

[ "6-3-a" ]

[ "The applicant , PERSON , is a NORP national who was born in DATE and lives in GPE . The respondent Government were represented by their Agent , Mr PERSON of ORG .", "The facts of the case , as submitted by the parties , may be summarised as follows .", "In DATE the applicant and PERSON . started living together as husband and wife without formally registering their marriage . On DATE a child was born to them .", "On DATE an incident of physical harassment of the applicant by PERSON . took place . On DATE , as soon as the applicant had reported about that incident , ORG opened a criminal case against PERSON . for battery of the applicant .", "On DATE the applicant brought an action requesting child support from PERSON . , with whom she had terminated cohabitation by that time .", "In a decision of DATE , the ORG in GPE allowed the applicant ’s action . PERSON was ordered to assist her in the raising of their daughter by paying PERCENT of his income DATE , which amount however should never be CARDINAL NORP laris ( GEL , CARDINAL ( ORG ) ) . The payments were to take effect from DATE , the date of the introduction of the applicant ’s action , until their child reached the age of majority ( DATE ) . No subsequent appeal was lodged against that decision , and it became binding .", "On DATE ORG of ORG reproached the competent bailiff of LOC for not having enforced the decision of DATE . The bailiff was instructed to recover GEL CARDINAL ( ORG CARDINAL ) from the debtor in a lump sum as arrears for DATE of non - payment , and to ensure the continuous payment of the maintenance in future . ORG further ordered that the debtor ’s whereabouts be established and his assets frozen , to be sold by compulsory public auction , if necessary .", "In DATE the bailiff itemised and froze PERSON ’s real and movable property . Some assets of minor value were later sold at public auction , as a result of which enforcement measure the applicant received GEL CARDINAL ( ORG CARDINAL ) .", "On DATE ORG informed the applicant that PERSON . had managed to alienate some of the frozen assets , in respect of which fact ORG later opened another criminal case .", "On DATE the ORG , overturning a lower instance verdict , found PERSON . guilty of infliction of less serious bodily injury to the applicant and the persistent non - payment of the court - awarded maintenance , offences under Articles CARDINAL § CARDINAL and CARDINAL of LAW . He was sentenced to DATE and CARDINAL months’ conditional imprisonment for the first offence and fined GEL CARDINAL ( EUR CARDINAL ) for the second .", "In addition , ORG examined the applicant ’s civil claims . Thus , in the same judgment of DATE , it ordered PERSON . to pay her GEL CARDINAL ( ORG CARDINAL,CARDINAL ) in pecuniary damages , this amount corresponding to the arrears of maintenance for DATE , and GEL CARDINAL ( EUR CARDINAL ) in non - pecuniary damages for the distress caused by his wrongful actions .", "In a decision of DATE , delivered in the applicant ’s presence , ORG upheld the judgment of DATE .", "On DATE the ORG issued enforcement writs on the basis of the judgment of DATE , ordering PERSON . to pay the applicant GEL CARDINAL ( ORG CARDINAL ) within DATE . Supervision of the enforcement was entrusted to ORG .", "On DATE ORG , complaining to ORG that PERSON . had failed to discharge the judgment debt of DATE , requested that the probation be cancelled and that he be imprisoned . On DATE ORG dismissed that request .", "The relevant legal provisions concerning the possibility of suing the enforcement authority were cited in the case of Nazaretian v. GPE ( ( dec . ) , no . DATE , DATE ) ." ]

[]

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[]

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[ "Mr. PERSON , a NORP national born in DATE , is currently living in GPE ; he was resident in GPE from DATE .", "The applicant arrived in GPE in DATE and was engaged by the firm of ORG at ORG . He stayed there for DATE . Subsequently , he had a succession of different occupations : mechanic in another firm at ORG , manager of a restaurant , independent insurance and building - loans broker . The last - mentioned activity , which consisted of negotiating and concluding , for example , life - insurance and savings contracts with NORP workers , provided him , as he himself stated , with a very good DATE income .", "On DATE , ORG ( ORG ) imposed on him a suspended sentence of CARDINAL months’ imprisonment for an offence against LAW ( Betaeubungsmittelgesetz ) . ORG ( Landgericht ) dismissed the applicant ’s appeal on DATE .", "These proceedings are not here in issue .", "The criminal proceedings to which the present case relates began in DATE .", "Mr. PERSON was arrested on DATE on suspicion of having committed a further offence against LAW ; on DATE , he was granted the assistance of an officially appointed lawyer , namely Mr. PERSON , of GPE .", "The trial opened before ORG on DATE and continued on CARDINAL , DATE , DATE and DATE . The applicant was defended by Mr. PERSON and , at certain TIME , by Mr. PERSON , a member of the same firm .", "On DATE , the court sentenced Mr. PERSON to DATE and CARDINAL months’ imprisonment for an offence against LAW and for tax evasion ( Steuerhinterziehung ) : it was found to be proved that in DATE the accused had illegally imported into GPE QUANTITY of cannabis resin of NORP origin , hidden in his car .", "On DATE , Mr. PERSON filed an appeal on points of law ( Revision ) . In his memorial of DATE , setting out the grounds of appeal , he relied , inter alia , on LAW , which provides that several accused persons may not be defended by one and the same lawyer ( see paragraph CARDINAL below ) . Mr. PERSON explained that he had previously represented another person who on the occasion in question had , according to ORG findings , been Mr. PERSON ’s accomplice .", "Mr. PERSON was released on DATE and returned to GPE .", "On DATE , the Federal public prosecutor ( ORG ) moved that the appeal be held inadmissible on the ground that it had been filed by a defence counsel who , on his own admission , was not entitled to represent the applicant .", "On DATE , Mr. PERSON applied for leave to proceed out of time ( Wiedereinsetzung in den vorigen Stand ) in order to lodge a fresh appeal , which appeal he in fact filed at the same moment . On DATE , ORG ( ORG ) allowed the application ; it had first sought the opinion of the public prosecutor who , without giving reasons , had indicated that he was in favour of such a course .", "On DATE , ORG granted Mr. PERSON ’s request of DATE to be appointed official defence counsel to file the memorial setting out the grounds of appeal ; DATE it relieved Mr. PERSON of his duties .", "In his memorial of DATE , which was CARDINAL pages in length , Mr. PERSON complained solely of procedural errors ( PERSON ) . He listed CARDINAL , most of which concerned decisions of ORG refusing to appoint an expert or to summon , question or have questions put to witnesses . The last of the alleged errors related to LAW : recalling that Mr. PERSON had previously defended another person whom ORG had convicted , on DATE , as an accomplice of Mr. PERSON , Mr. PERSON maintained that this recourse to a common defence counsel had been contrary to the interests of both accused ( see paragraph CARDINAL below ) .", "In its observations in reply ( ORG ) of DATE , the public prosecutor ’s office attached to ORG submitted that the appeal was inadmissible . It considered that Article CARDINAL prevented Mr. PERSON , just as it did Mr. PERSON , from acting in the case as officially appointed lawyer . Mr. PERSON replied on DATE . He pointed out , amongst other things , that since he had never defended Mr. PERSON ’s accomplice , Article CARDINAL did not apply to him .", "On DATE , the Federal public prosecutor invited the above - mentioned office to comment on the complaints that had been made ; in his view , it was at least doubtful whether the appeal was inadmissible de plano .", "On DATE , the GPE public prosecutor ’s office filed its supplementary observations ( weitere Gegenerklaerung ) , dated DATE ; it sent a copy to Mr. PERSON . In accordance with the practice in such matters ( Instruction no . CARDINAL of the Instructions on Criminal Procedure and Administrative Fines Procedure - Richtlinien für das PERSON ) , the observations reproduced for each complaint the relevant documents in the case - file , in particular the requests made by the applicant ’s lawyer during the trial and the decisions taken by ORG thereon . As regards LAW , the public prosecutor ’s office referred to its earlier observations , including those of DATE .", "On application by the Federal public prosecutor ’s office , ORG decided on DATE to hold a hearing ( ORG ) on DATE . Mr. PERSON and his client , who had returned to GPE , were notified of this on DATE .", "On DATE , Mr. PERSON applied to be officially appointed as the applicant ’s lawyer for the hearing of DATE .", "The President of ORG ( Strafsenat ) of ORG refused the application on DATE . In his view , an accused ( Angeklagter ) who was at liberty was not entitled to such an appointment for hearings in an appeal on a point of law ; there was no legal requirement at that stage for him either to appear in person or to be represented by a lawyer ( LAW paras . CARDINAL and CARDINAL of LAW ; see paragraph CARDINAL below ) . As regards compliance with procedural rules ( verfahrensrechtlich ) , an appeal court ( GPE ) would examine the impugned decision on the basis of the written grounds of appeal ; as regards any substantive complaints ( bei sachlichrechtlicher Beanstandung ) , it would affect of its own motion a review that was not subject to any limitations . Furthermore , on this occasion neither the facts of the case nor the legal issues it raised justified the appointment requested .", "In the objections ( Gegenvorstellungen ) he raised on DATE , Mr. PERSON cited a judgment of DATE of ORG ( see paragraph CARDINAL below ) , holding that , in addition to the cases provided for by law , legal aid had to be granted for hearings in appeals on a point of law in \" serious \" ( \" schwerwiegend \" ) cases if the person concerned was unable to pay a lawyer of his own choosing . And , he submitted , Mr. PERSON was in such a situation , for a final conviction would lead to his expulsion . Mr. PERSON asked ORG to indicate whether he should supply particulars of the applicant ’s assets in order to substantiate ( glaubhaft machen ) the latter ’s lack of means . According to Mr. PERSON , Mr. PERSON was obviously ( offensichtlich ) not in a position to pay a lawyer . He had come to GPE as a migrant worker and had returned to GPE after spending a long ( laengeren ) period in GPE prison . It was evident that he had no savings .", "Mr. PERSON requested that , if need be , the matter be referred to the ORG for decision .", "On DATE , the President of ORG confirmed his decision of DATE refusing the application ; he took the view that the above - mentioned judgment of DATE did not concern a case that was comparable to the applicant ’s .", "The hearing was held on DATE , in the absence of the applicant and of Mr. PERSON . According to the minutes , ORG heard the judge acting as rapporteur and then the submissions ( Ausfuhrungen ) of an official of the Federal public prosecutor ’s office ( Bundesanwaltschaft ) in favour of rejecting the appeal . After deliberating in private , the court gave on the same day judgment dismissing the appeal .", "The judgment held firstly that the appeal was admissible : Article CARDINAL of the Code of Criminal Procedure did not prevent Mr. PERSON from representing Mr. PERSON before ORG . On the other hand , that Article had not been complied with at first instance since Mr. PERSON had previously defended the applicant ’s accomplice . However , ORG , referring to a judgment of its ORG ( see paragraph CARDINAL below ) , added that an appeal on a point of law based on that Article could succeed only if the representation of several accused by CARDINAL and the same lawyer proved to be really defence . And on this occasion it had not been established that there was any conflict of interests .", "ORG then rejected the remainder of the complaints : some were examined in detail and held to be without foundation and the others were considered more briefly and held to be manifestly ill - founded .", "The judgment , which was CARDINAL pages in length , was served on Mr. PERSON on DATE .", "In DATE , Mr. PERSON lodged an appeal with ORG . Alleging a violation of ORG , CARDINAL , DATE , DATE , DATE and CARDINAL para . CARDINAL of LAW , he repeated the submissions made by his colleague Mr. PERSON before ORG on DATE ( see paragraph CARDINAL above ) . He argued that it was only through a defence counsel that Mr. PERSON could have availed himself of his right to be heard : he lived in GPE , lacked financial resources and had an insufficient command of NORP . In addition , the legal issues involved were particularly complex , as was shown by the length of the memorial setting out the grounds of appeal ( see paragraph CARDINAL above ) and ORG decision to hold a hearing . Mr. PERSON should therefore have been given the opportunity of stating his views on the submissions of the Federal public prosecutor ’s office . Again , the consequences of an unfavourable judgment would have been such as to make the official appointment of a lawyer essential : for the applicant , dismissal of the appeal meant his undoing in GPE and the breakdown of his marriage and family life .", "Mr. PERSON , who requested that legal aid be granted to the applicant , asked ORG to indicate whether he should supply particulars of his client ’s assets in order to substantiate ( glaubhaft machen ) the latter ’s lack of means .", "In a ruling given on DATE by a panel of CARDINAL judges , ORG decided not to hear the appeal on the ground that it did not offer sufficient prospects of success . ORG found nothing arbitrary in the decision of the President of ORG . Moreover , the case was not \" serious \" , within the meaning of the above - mentioned judgment of DATE ( see paragraphs CARDINAL above and CARDINAL below ) . Finally , Mr. PERSON could have remained in GPE and attended the hearing before ORG , if need be with the assistance of an interpreter .", "After his arrest on DATE , Mr. PERSON had remained in custody until DATE , partly in detention on remand and partly to serve sentences that had been imposed on him .", "If the accused has not chosen a defence counsel , the trial court will appoint CARDINAL in the following cases ( listed in Article CARDINAL para . CARDINAL of the Code of Criminal Procedure ) :", "- the trial at first instance is before ORG ( Oberlandesgericht ) or ORG ;", "- the accused is charged with an indictable offence ( PERSON ) ;", "- the proceedings may result in the accused ’s being prohibited from exercising a profession ;", "- the accused is deaf or dumb ;", "- the accused has been interned for DATE by order or with the approval of a court and has not been released DATE before the opening of the trial ;", "- the question arises whether the accused should be detained for mental examination ;", "- the case concerns preventive detention proceedings ( PERSON ) ;", "- a decision has been taken prohibiting the previous defence counsel from taking part in the proceedings .", "An appointment will also be made in other cases , either by the court of its own motion or at the accused ’s request , if such a step appears necessary on account of the seriousness of the act in question , the factual or legal complexity of the case , or if it is obvious that the accused can not conduct his own defence ( Article CARDINAL para . CARDINAL ) .", "The official appointment of a lawyer by the trial court covers not only the proceedings before that court but also the written stage of any appeal on a point of law . If necessary , the trial court will make a special appointment for the latter stage .", "An accused ( ORG ) who is in custody does not have an enforceable right to attend hearings in an appeal on a point of law - whether before the appeal court or ORG ( Articles CARDINAL and CARDINAL of the Judicial Code - Gerichtsverfassungsgesetz ) - , but he may be represented thereat by a lawyer ( Article CARDINAL para . CARDINAL ) . If he has not chosen a lawyer and is not brought to the hearing , the President of the court having jurisdiction will appoint CARDINAL for him if he so requests ( Article CARDINAL para . CARDINAL ) .", "An accused who is at liberty may appear in person or be represented by a lawyer at the appeal hearing ( LAW para . CARDINAL ) . According to the case - law of ORG , defence counsel can be assigned to him only under LAW para . CARDINAL ( see paragraph CARDINAL above ) , since Article CARDINAL para . CARDINAL does not apply to hearings in an appeal on a point of law ( ORG in PERSON , vol . CARDINAL , pp . CARDINAL - CARDINAL ) .", "Furthermore , ORG has held that defence counsel is to be appointed by the court of its own motion and at the expense of the ORG in serious cases ( schwerwiegende GPE ) if the accused can not pay for a lawyer of his own choosing ( PERSON , vol . DATE , pp . CARDINAL - CARDINAL ) .", "The court concerned may dispose of an appeal on a point of law without hearings in the following cases only :", "- where it finds the appeal inadmissible ( Article CARDINAL para . CARDINAL of the Code of Criminal Procedure ) ;", "- where , on a reasoned application by the public prosecutor ’s office , the court considers unanimously that the appeal is manifestly ill - founded ( Article CARDINAL para . CARDINAL ) ; and", "- where the court finds unanimously that an appeal filed in the interests of the accused is well - founded ( Article CARDINAL para . CARDINAL ) .", "In all other cases the court has to hold a hearing before taking its decision ( Article CARDINAL para . CARDINAL ) ; before ORG , there are hearings in CARDINAL per cent of the appeals on points of law lodged in criminal cases .", "When the public prosecutor ’s office applies for an appeal to be rejected as manifestly ill - founded , it has to communicate its submissions and the reasons to the appellant ; the latter may file a reply within DATE ( Article CARDINAL para . CARDINAL ) .", "Article CARDINAL para . CARDINAL requires that the accused and his lawyer be informed of the date and place of the hearing ; if it is not possible to contact the former , notification to the latter is sufficient .", "Appeal hearings open with the rapporteur ’s address ; this is followed by the statements and submissions of the public prosecutor ’s office , the accused and his defence counsel . The appellant is heard first and the last address to the court is always made by the accused ( LAW ) .", "According to the former version of LAW , which was in force until DATE , several accused could be represented by a single counsel if this was not contrary to the interests of the defence . As it was often difficult for courts to detect or establish such conflicts of interests , Article CARDINAL was modified in DATE : the new text , which has been applicable since DATE , does not allow several accused to be defended by a common defence counsel .", "However , ORG ( ORG ) held on DATE and CARDINAL DATE that an appeal on a point of law based on a violation of LAW could succeed only if recourse to a common defence counsel was in fact contrary to the interests of the defence ( ORG in PERSON , vol . CARDINAL , pp . CARDINAL - CARDINAL ; vol . CARDINAL , pp . CARDINAL - CARDINAL ) . ORG followed these precedents in its judgment of CARDINAL DATE in the present case ( see paragraph CARDINAL above ) . The Government stated that this interpretation has since been accepted by all FAC of ORG ." ]

[ "6" ]

[ "6-3" ]

[ "6-3-c" ]

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[ "The applicant was born in DATE and lives in GPE .", "On DATE the NORP ORG issued a decision by which it imposed a ban on the activities of ORG of Kurdistan ( “ the NORP ” ) , under LAW , second sentence , of ORG , see Relevant domestic law , below ) .", "Relevant parts of the decision read as follows :", "“ CARDINAL . The activities pursued by ORG of Kurdistan ” ( PKK) ... run contrary to provisions of the criminal law , are directed against the concept of international understanding , endanger inner security and other important interests of GPE .", "ORG of NORP ” ( PKK) ... is not allowed to pursue its activities within the territorial ambit of ORG . ”", "As the ORG as such did not challenge the imposition of the ban before the NORP courts , the decision became final on DATE .", "Following the arrest of its leader , PERSON , in DATE , the ORG 's executives changed their strategy and declared an end to the armed battle against NORP army entities . Following a “ peace initiative ” declared by the party 's seventh congress on DATE , the ORG did not organise any further demonstrations or violent acts in GPE .", "In DATE the ORG 's presidential counsel decided to launch a large - scale campaign , during which their supporters should address themselves to the NORP authorities , should acknowledge their support for the ORG and should demand that the ban on the ORG 's activities be lifted .", "The supporters signed a declaration . The declarations were then collected and handed over in large numbers to parliaments , administrative bodies and courts . The content of the largely identical declarations was as follows :", "“ Self declaration ( ORG )", "“ I also am a follower of the ORG ” ( “ PERSON ” )", "As the NORP people has been denied its basic right to life , it has had no choice but to take up arms . After DATE of war , our national leader , PERSON , has initiated a strategic change . For DATE the ORG has been using exclusively political means to fight for a peaceful and democratic solution to the NORP question . On the basis of this new strategy ORG of Kurdistan ( ORG ) is undergoing a global reformation . Strongly determined to find a solution , it has developed its political activities against all resistance without leaving the framework of legality .", "Although the NORP question emerged geographically in LOC , having regard to its historical , political and international connections it is a NORP problem waiting for a solution . LOC played a major role in the setting of LOC boundaries . That is why LOC is now confronted with the task of playing a role in the solution of the problems . Just as it failed to offer a prospect of a solution when our leader was abducted in the framework of an international conspiracy , LOC fails DATE to make use of the opportunities offered by the ORG .", "While the majority of ORG make GPE 's accession to ORG dependent on the GPE criteria , they deny the national and political status of the NORP living in LOC . GPE and GPE , in particular , insist on a policy of bans . With this destructive attitude LOC puts itself within the context of the policy of destruction and negation which is directed against the NORP people . DATE as in the past LOC continues its negative tradition . This is nothing but a policy of double moral standards .", "On this basis I , as a member of the NORP people , declare that I share the ORG 's new policy , which , for DATE , has been leading its political fight on a legal basis . I further declare that I belong to the ORG .", "I challenge the NORP Member States to apply the same standards to themselves they apply to non - member GPE . I furthermore request these ORG to comply themselves with the express criteria for accession to ORG with regard to the NORP living in LOC . I therefore demand the full recognition of the rights granted to other peoples for the NORP people .", "I further demand the official recognition of the cultural and political values created by the NORP people in the course of their great struggle . In this context I demand respect for my people 's national and political identity .", "I support the line of the ORG 's democratic struggle , as has been confirmed by its seventh congress . Having regard to the fact that the ORG has not committed CARDINAL single violent act for DATE , I demand the lifting of all bans which are applied on the ORG .", "I further declare that the liberty of our leader , PERSON , and the possibility of his political activity are the only guarantee for an enduring solution . I therefore demand : “ Freedom for PERSON in GPE ” .", "I hereby declare that I most severely condemn the prohibition issued against the ORG and the criminal prosecution of ORG membership and of active sympathy for the ORG . I further declare that I do not acknowledge this prohibition and that I assume all responsibility arising therefrom . ”", "With others , the applicant organised and coordinated a collection of signatures of the declaration in GPE . She also signed a declaration herself . On DATE the applicant , with CARDINAL others , handed CARDINAL folders containing CARDINAL signed declarations to the GPE public prosecutor . On DATE the applicant handed over one further folder containing declarations . Furthermore , the applicant donated certain sums of money to a sub - organisation of the ORG , which was also subject to the ban .", "Within the framework of the campaign , CARDINAL declarations were handed to the authorities in GPE ; CARDINAL declarations were submitted to NORP administration as a whole .", "On DATE ORG ( Landgericht ) convicted the applicant of contravening a ban imposed on an association 's activity ( section QUANTITY no . CARDINAL in conjunction with section CARDINAL , second sentence , of ORG ) and sentenced her to CARDINAL DATE fines of DATE each . During the hearing before that court , the applicant submitted a declaration that she had not intended to breach the criminal law , but to express her opinion and to further the understanding between the NORP and the NORP people . ORG considered that the applicant , by signing the declaration , taking part in the campaign and giving donations , had flouted the ban on pursuing the ORG 's activities .", "ORG considered that the declaration 's content , seen in the context of the accompanying campaign , was likely to have a positive effect on the association 's unlawful activities . ORG considered , in particular , that the declaration “ not ( to ) acknowledge this ban and ( to ) assume all responsibility arising therefrom ” had a twofold effect : Firstly , the applicant expressed her commitment not to abide by the ban in the future and thus to provide the ORG with security for planning further unlawful activities . Secondly , it was likely to strengthen solidarity with other potential supporters .", "According to ORG , the declaration signed by the applicant was not covered by her right to freedom of expression , as the applicant did not confine herself to claiming freedom and self - determination for the NORP people , to demand the lifting of the ban on the ORG and most severely to condemn its continuation , which would fall within the ambit of the applicant 's freedom of expression . Seen in the context of the aims of the overall campaign , the declaration also contained the statement that the applicant would continue to support the ORG even if the ban imposed on its activities was not lifted . This was already implied in the concluding statement , that the applicant would “ assume all responsibility arising therefrom ” , that is to say from any flouting of the ban . ORG also considered that the campaign had the further aim of overburdening the public prosecution service with such a large number of criminal proceedings that they would not be able to cope .", "ORG considered as mitigating factors , inter alia , the importance of the right to freedom of expression .", "On DATE ORG ( ORG ) , referring to its own pilot judgment given on DATE ( see relevant domestic law and practice , below ) , dismissed the applicant 's appeal on points of law . According to that court , ORG interpretation of the applicant 's statement and the evaluation of her behaviour were compatible with the right to freedom of expression as enshrined in LAW Law.comprehensively and coherently refuted the applicant 's allegations that she had not participated in a campaign which had been organised by the ORG with the aim to hamper the criminal prosecution of breaches of the ban by provoking a massive quantity of criminal investigations , but that she had merely intended to express her opinion on the ban . This was demonstrated by the fact that the applicant and the other campaigners did not address themselves to ORG , which would have been competent for lifting the ban , but addressed a massive quantity of collected individually signed declarations to the public prosecutor 's office . The applicant 's unwillingness to abide by the ban was further demonstrated by the fact that she had been previously convicted of a similar offence and that she had flouted the ban in another , separate way by financially supporting a sub - organisation of the ORG .", "ORG finally considered that ORG had sufficiently weighted the importance of the right to freedom of expression when assessing the sentence .", "On DATE the applicant lodged a constitutional complaint in which she complained that her right to freedom of expression and her right to petition had been violated .", "On DATE ORG ) , in a reasoned decision of CARDINAL pages , refused to accept the applicant 's complaint for adjudication as being unfounded .", "Article CARDINAL of the German Basic Law ( Freedom of Expression ) reads as follows :", "“ ( CARDINAL ) Every person shall have the right freely to express and disseminate his opinions in speech , writing and pictures , and to inform himself without hindrance from generally accessible sources ( ... ) .", "( CARDINAL ) These rights shall find their limits in the provisions of general laws , in provisions for the protection of young persons , and in the right to personal honour .", "( CARDINAL ) .... ”", "LAW ) provides :", "“ ( CARDINAL ) All NORP shall have the right to form corporations and other associations .", "( CARDINAL ) Associations whose aims or activities contravene the criminal laws , or that are directed against the constitutional order or the concept of international understanding , shall be prohibited . ”", "Article CARDINAL of LAW ( ban on retroactive criminal laws ) provides :", "“ ( CARDINAL ) ...", "( CARDINAL ) An act may be punished only if it was defined by a law as a criminal offence before the act was committed . ”", "The relevant sections of ORG ) read as follows :", "Section CARDINAL", "Banning", "“ An association can only be treated as being banned if the competent authority established by decree that its aims or its activity contravene the criminal law or that it is directed against the constitutional order or against the idea of international understanding ... ”", "Section CARDINAL", "Geographical applicability of bans imposed on associations", "“ ... If a ( foreign ) association does not have a sub - organisation within the geographical applicability of this LAW , the ban ( section CARDINAL paragraph CARDINAL ) is directed against its activity within that territory . ”", "Section CARDINAL", "“ Anyone who , within the geographical applicability of this act , by pursuing an activity", "( ... )", "contravenes an enforceable prohibition under LAW sentence PERSON ( ... )", "Will be sentenced to DATE imprisonment or to a fine . ”", "On DATE ORG issued a pilot judgment ( no . CARDINAL StR CARDINAL/CARDINAL ) on the criminal liability incurred by signing the “ self declaration ” which also forms the subject matter of the instant complaint .", "ORG confirmed its earlier case - law that a person contravened an enforceable prohibition within the meaning of section CARDINAL § CARDINAL no . CARDINAL in conjunction with section CARDINAL sentence CARDINAL of ORG if his activity made reference to the banned activity of the association and was conducive to those activities . The acts had to be actually suited to producing an advantageous effect in regard to the banned activities .", "The court considered that the submission of these signed declarations within the framework of a large - scale campaign was concretely suited to support the ORG 's activities . Having regard to the overall context of the statement and to the circumstances of the campaign , ORG considered that it could be ruled out that the signatories confined themselves merely to demand freedom and self - determination for the NORP people , a lifting of the ban and most severely to condemn the maintenance of the ban . This statement would have been covered by their right to freedom of expression . However , the concluding statement , according to which the signatories declared that they assumed “ all responsibility arising therefrom ” ( that is to say from the non - observance of the ban ) made it unequivocally clear that they were ready to flout the ban and to bear the ensuing criminal prosecution . Otherwise , the addendum would not make sense , as these consequences could not be expected for the mere utterance of criticism and the request for a lifting of the ban , which would be covered by the right to freedom of expression and thus be exempt from criminal liability .", "This interpretation was further corroborated by the fact that it had been the campaigners ' declared aim to overburden public prosecution authorities with such a large number of proceedings that they would be unable to cope ." ]

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[ "10" ]

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[ "The applicant was born in DATE and lives in GPE .", "The applicant was born in GPE and his birth was registered there . He was born out of wedlock and is the son of a NORP mother and a NORP father . The latter ’s paternity has been determined both judicially and scientifically ( see below ) . PERSON , the applicant ’s father , of NORP citizenship , has refused to acknowledge his son or to maintain a relationship with him .", "On an unspecified date the applicant ’s mother made a request for her son to be granted NORP citizenship .", "On DATE , ORG informed the applicant ’s mother that since she was not a NORP citizen and the father of the applicant had not yet been declared to be a NORP citizen on the applicant ’s birth certificate , the applicant was not entitled to NORP citizenship . She was informed that citizenship would be granted only if the NORP father recognised his son on the applicant ’s birth certificate .", "Subsequently , the applicant ’s mother instituted proceedings in GPE for the NORP man with whom she had had a relationship to be declared the applicant ’s father on the applicant ’s birth certificate . By a decree of an unspecified date the NORP courts declared PERSON , a NORP citizen , to be the applicant ’s biological father . Consequently , the applicant ’s birth certificate was amended to reflect the established paternity .", "According to the Government , in the meantime the applicant ’s mother was informed that even if PERSON was judicially declared to be the applicant ’s father the applicant would still not be eligible for citizenship in view of section CARDINAL(CARDINAL)(b ) and CARDINAL(CARDINAL)(a ) of LAW , which stated that children born out of wedlock were only eligible for NORP citizenship if their mother was LANGUAGE .", "Subsequently , the applicant ’s mother again submitted an application under LAW ) of LAW ( see Relevant Domestic Law below ) for her son to be granted NORP citizenship .", "On an unspecified date her application was rejected on the basis that NORP citizenship could not be granted to an illegitimate child in cases where the illegitimate offspring was born to a non - NORP mother and a NORP father , in accordance with section CARDINAL(CARDINAL)(a ) of LAW ( see Relevant Domestic Law ) . Since the applicant was not born to a married couple , as a result of the application of LAW CARDINAL(CARDINAL)(a ) any reference to the “ father ” in section CARDINAL ) had to be deemed to be a reference to the mother .", "By a judgment of CARDINAL DATE ORG ( FAC ) in GPE also declared PERSON to be the applicant ’s biological father and he was ordered to pay maintenance .", "Pending the above judgment , in DATE , the applicant ’s mother in her own name and on behalf of the applicant , as his curator ad litem , instituted constitutional redress proceedings , complaining that the said provision was discriminatory and contrary to both LAW and the Convention .", "On DATE ORG , in its constitutional jurisdiction , found that the said provisions were in violation of LAW , because they discriminated against the applicant by depriving him of NORP citizenship . It further abstained from taking a decision on the compatibility of the provisions with the Convention .", "On DATE , on appeal , ORG reversed the first - instance judgment in respect of the compatibility of the provisions with the LAW . However , it sent the case back to ORG for a determination on the compatibility of those provisions with the Convention .", "On DATE ORG in its constitutional jurisdiction held that section CARDINAL(CARDINAL)(a ) of LAW was null vis - á - vis", "On DATE , on appeal , ORG reversed the first - instance judgment . Noting the amendments in DATE ( see Relevant Domestic Law ) , it considered that its judgment had to be limited to the parameters of the application before it . It held that the right to citizenship was not a substantive Convention right . The grant or denial of citizenship would not facilitate or create obstacles to the applicant ’s family life since his father categorically refused to have any contact with him . Moreover , since the Convention did not oblige a ORG to allow a non - national spouse to reside in its territory , it could not be said that the ORG was obliged to grant citizenship to a non - national .", "LAW , LAW , in so far as relevant , reads as follows :", "Section CARDINAL", "“ ( CARDINAL ) A person born outside GPE on or after DATE ( DATE ) shall be deemed to have become or shall become a citizen of GPE at the date of his or her birth :", "( b ) in the case of a person born on or after DATE , if at the date of such person ’s birth , his or her father or mother is a citizen of GPE ... ”", "Section CARDINAL", "“ ( CARDINAL ) In this LAW - ( a ) any reference to the father of a person shall , in relation to a person born out of wedlock and not legitimated , be construed as a reference to the mother of that person ; ... ”", "By means of LAW of DATE the following subsections were added to LAW :", "“ ( CARDINAL ) A person born outside GPE on or after DATE who proves he is a descendant in the direct line of an ascendant born in GPE of a parent likewise born in GPE shall be entitled , upon making an application as may be prescribed and upon taking the oath of allegiance , to be registered as a citizen of GPE :", "Provided that when the said person is a minor , any such person who according to law has authority over that minor , may submit an application for the registration of the said minor as a citizen of GPE .", "( CARDINAL ) Any ascendant as provided in subarticle ( CARDINAL ) who dies before DATE and who would , but for his death , have been entitled to acquire NORP citizenship under this article , shall be deemed to have acquired such citizenship for the purposes of subarticle ( CARDINAL ) .", "( CARDINAL ) Where any of the parents of a person applying to be registered as a citizen of GPE by virtue of subarticle ( CARDINAL ) was alive on DATE ( for the purposes of this article referred to as \" the relevant parent \" ) and the relevant parent is also a descendant in the direct line of an ascendant born in GPE of a parent likewise born in GPE , such person shall not be entitled to be registered as a citizen of GPE by virtue of subarticle ( CARDINAL ) unless the relevant parent had at any time acquired NORP citizenship under this article or under article CARDINAL ; so however that any such relevant parent who dies DATE and who would have been entitled to acquire such citizenship under subarticle ( CARDINAL ) or under subarticle ( CARDINAL ) of article CARDINAL shall be deemed to have acquired such citizenship for the purposes of that subarticle .", "( CARDINAL ) Where any of the parents of a person applying to be registered as a citizen of GPE by virtue of subarticle ( CARDINAL ) was born on or after DATE ( for the purposes of this article referred to as \" the relevant parent \" ) and the relevant parent is also a descendant in the direct line of an ascendant born in GPE of a parent likewise born in GPE , such person shall not be entitled to be registered as a citizen of GPE by virtue of subarticle ( CARDINAL ) unless the relevant parent had at any time acquired NORP citizenship under this article .", "( CARDINAL ) The person applying to be registered as a citizen of GPE under subarticle ( CARDINAL ) shall be entitled to be registered as a citizen of GPE if the relevant parent dies after DATE , DATE and the relevant parent had applied for and would have been entitled to be granted NORP citizenship under this article or under article CARDINAL . ”" ]

[ "14", "8" ]

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[ "ORG On DATE Mr Gitonas , then an employee of ORG ) , was seconded to the post of Deputy Head ( PERSON ) of the Prime Minister ’s private office . He occupied that post for a period of DATE until DATE , when his secondment ended .", "ORG In the general election of CARDINAL DATE the applicant stood as a candidate for ORG ( PA.SO.K ) in the second GPE constituency . As he obtained more than the required minimum number of votes for election , ORG ( NORP protodikio ) declared in a decision of DATE that he had been elected .", "ORG On DATE and DATE and CARDINAL DATE CARDINAL members of the constituency ’s electorate lodged an application with ORG ( PERSON ) for an order annulling Mr PERSON ’s election . They relied on Article QUANTITY para . CARDINAL of the LAW ( see paragraph CARDINAL below ) and maintained , inter alia , that the applicant ’s election was a nullity as , before the election , he had held the post of Deputy Head of the Prime Minister ’s private office , a ground for disqualification from standing for election under that Article .", "ORG In the proceedings the applicant argued that as an employee of ORG , a private - law entity , he could not be considered a civil servant and he pointed out that he had become deputy head of the Prime Minister ’s private office by secondment .", "The Special Supreme Court considered the CARDINAL applications together and gave its judgment ( no . CARDINAL/CARDINAL ) by CARDINAL votes to CARDINAL on DATE . It annulled PERSON election on the following grounds :", "\" Under [ Article CARDINAL para . CARDINAL ] , as is apparent both from its wording ( the disqualification applies in ` any’ constituency ) and from its purpose ( to deter civil servants ... from using their posts to prepare for a political career , and at the same time to ensure that civil servants are politically neutral in the performance of their duties as required by the LAW and by statute ) , the disqualification covers the whole geographical area in which those duties were performed ... , so that a civil servant who has general responsibility throughout GPE may not become an elected member of parliament in any constituency . The bar applies in all cases where the post has been occupied for DATE during DATE preceding the election even if , in the interval between the post being taken up and the election , another general election took place in which the person concerned stood as a candidate ...", "The aforementioned constitutional provision means that the bar applies irrespective of the lawfulness of the administrative act whereby the post was filled ...", "The provision applies to salaried civil servants appointed to established posts expressly created by law and governed exclusively by public - law rules ; included within that category are dismissable civil servants in temporary posts within the meaning of LAW para . CARDINAL of the LAW ...", "Law no . DATE on ` the organisation of the Prime Minister ’s private office’ established an independent public service to assist and directly serve the Prime Minister in the performance of his duties . To this political private office of the Prime Minister ... were subsequently added - by decision of the Prime Minister taken under LAW ( b ) of PERSON no . CARDINAL/CARDINAL - the special office of the deputy head responsible for supervising and implementing the decisions of the public government bodies and of the Prime Minister , and a category A post of Deputy Director - General . Generally speaking , the ordinary rules do not apply to recruitment to posts in the Prime Minister ’s political private office , which are filled , without any competition being held , either by appointment or secondment from the civil service or a public - law or public - sector entity , or by assignment of duties which the person concerned performs concurrently ... with those of his usual occupation , as determined by the Prime Minister , in a decision published in ORG ( section CARDINAL ) . Under section CARDINAL ( CARDINAL ) , persons seconded to the political private office of the Prime Minister must elect whether to receive their entire remuneration of all kinds from their permanent post or from the post to which they have been seconded ... It is apparent from the aforementioned provisions that the post of Deputy Head of the Prime Minister ’s political private office ... is a remunerated post occupied by a dismissable civil servant within the meaning of Article CARDINAL para . CARDINAL of the LAW , with general and decision - making responsibility for the entire country , and as such is covered by LAW para . CARDINAL .", "... The documents in the case file show that [ the applicant ] was seconded from ORG to the post of Deputy Head of the Prime Minister ’s political private office by decision no . YCARDINAL/CARDINAL , of the then Prime Minister , published in ORG of DATE , and served in that post continuously until DATE , when his secondment was ended by a similar decision of the Prime Minister ... By a written declaration of CARDINAL DATE [ the applicant ] elected to receive the remuneration attaching to his permanent post . Consequently , as he occupied a remunerated post in category A , with nationwide responsibility , for DATE during DATE preceding the general election of DATE , he was barred from standing as a candidate or being elected as a member of parliament in that election even if , in the interval between his taking up that post and the latest election , another election had been held in which [ the applicant ] had stood . \"", "In a dissenting opinion CARDINAL members of ORG took the view that section CARDINAL ( b ) of PERSON no . CARDINAL/CARDINAL did not authorise the creation of a post of Deputy Director - General and that the applicant had never acquired the status of salaried civil servant ; even supposing that ORG belonged to the public sector and that the post had been created under the provisions of PERSON no . CARDINAL/CARDINAL , the applicant ’s secondment had been temporary , which meant that he had retained his former status as an employee of the bank , which continued to pay his salary .", "ORG On DATE Mr GPE was appointed Director - General of GPE ’s second television channel ( ORG , \" ETCARDINAL \" ) by a resolution of the board of governors of ORG ( ERT - AE ) , a public company . He occupied that post for DATE , until DATE .", "ORG In the election of CARDINAL DATE the applicant stood as a candidate for the electoral coalition \" Zante Initiative for Progress , Development and Simple Proportional Representation \" ( PERSON gia proodo - anaptixi - apli analogiki ) in the LOC constituency . As he obtained more than the required minimum number of votes for election , ORG declared , in a decision of DATE , that he had been elected .", "ORG On DATE a member of the constituency ’s electorate , relying on Article CARDINAL para . CARDINAL of the LAW ( see paragraph CARDINAL below ) , lodged an application with ORG for an order annulling Mr GPE ’s election on the ground that during the period preceding the election Mr GPE had occupied the post of Director - General of ETCARDINAL .", "ORG , by CARDINAL votes to CARDINAL , annulled the election in a judgment ( no . CARDINAL/CARDINAL ) of CARDINAL DATE in these terms :", "\" ...", "The disqualification [ from standing for election ] also applies where , in the interval between the disqualifying post being taken up and the relevant election , another election took place in which the person concerned stood as a candidate . The possibility that a civil servant will use his post to prepare for his political career does in fact exist in this case too , as the effects of such preparations are not limited to the election immediately following the taking up of the post but may extend to subsequent elections ; consequently , it has to be accepted that the civil servant continues to be disqualified LAW , if the election takes place within DATE as specified in the LAW . A public undertaking is an undertaking which under the law ... exists to promote the general interest , in the form of a legal entity over which the ORG exerts a decisive influence and which operates according to economic criteria , not by speculating ... but by making profits that will enable it to achieve its fundamental objectives ... LAW no . CARDINAL/CARDINAL established a private - law entity in the form of a company called ‘ ORG ... Section CARDINAL ( CARDINAL ) provides that ORG is a public undertaking belonging to the public sector ( PERSON no . CARDINAL/CARDINAL ) ; it is controlled and supervised by the ORG . By CARDINAL ( CARDINAL ) of the aforementioned PERSON , the objects of ORG are to organise , operate and develop radio and television broadcasting , and contribute to informing , educating and entertaining the NORP people . That provision also lays down that ORG is not a profit - seeking entity ... The [ ERT - AE ’s ] main departments set out and apply , for the areas within their responsibility , the basic principles laid down by the board of governors and are financially independent ... The board of governors appoints a director - general to head each department ( section CARDINAL ) . It follows that a director - general - appointed by the board of governors and given the task of applying in the area for which he is responsible the basic principles laid down by the board , to whose supervision he is moreover subject - is the employee of a public undertaking within the meaning of Article CARDINAL para . CARDINAL of the LAW ; because of that position ... , he is liable to the disqualification referred to in that Article .", "...", "It is apparent from the aforementioned provisions , and in particular those providing that ETCARDINAL and ETCARDINAL enjoy independence in programme scheduling , that ... the directorgeneral participates in the choice or may influence the content of television programmes , and the programmes ... are broadcast throughout GPE and can be received in all areas of the country . In the course of his duties a director - general may , through his role in determining television programme scheduling , have an advantage over other NORP citizens in preparing for a political career . ... PERSON was appointed as Director - General of ETCARDINAL by ORG board of governors and remained in that position from DATE to DATE ... In the light of the foregoing , [ the applicant ] was a member of staff of a public entity for a period of DATE during DATE preceding the election ; as his authority was by its nature general , he is disqualified from standing for election under LAW para . CARDINAL of the LAW ... \"", "In a dissenting opinion CARDINAL members of ORG expressed the view that the responsibilities of the directors - general of ETCARDINAL and ETCARDINAL were not such as to create a link between the head of a department and a particular constituency . The mere fact that the television channel ’s credits were broadcast in a particular constituency did not amount to performing official duties in that constituency .", "ORG On DATE Mr Sifounakis was appointed ORG of ORG ( ORG ) and on CARDINAL DATE Director - General of its first television channel ( ETCARDINAL ) . The applicant occupied that post until DATE .", "ORG In the general election of CARDINAL DATE the applicant stood as a candidate for ORG ( PA.SO.K ) in the NORP constituency . As he obtained more than the required minimum number of votes for election , ORG declared in a decision of CARDINAL DATE that he had been elected .", "ORG On DATE a candidate from the same party in the same constituency lodged an application with ORG for an order annulling PERSON election and a declaration that he himself , as first substitute member for ORG , was the member of parliament . In support of his application he relied on LAW para . CARDINAL of the LAW ( see paragraph CARDINAL below ) , maintaining in particular that the applicant ’s election was a nullity as , before the election , the applicant had held the post of Director - General of ORG and ETCARDINAL and was consequently barred from standing as a candidate .", "ORG In a judgment ( no . CARDINAL/CARDINAL ) of CARDINAL DATE ORG annulled PERSON election for the same reasons as it gave in PERSON case . It found that ORG , a company wholly owned by the ORG but administratively and financially independent and operating in the public interest according to the rules governing the private economy ( PERSON no . CARDINAL ) , had merged with ORG by virtue of PERSON no . DATE .", "ORG From DATE to CARDINAL DATE Mr PERSON occupied the post of First Deputy Director of ORG ( ORG - \" IKA \" ) .", "ORG In the general election of DATE he stood as a candidate for ORG in the PERSON constituency . As he obtained more than the required minimum number of votes for election , ORG of First Instance declared in a decision no . CARDINAL/CARDINAL that he had been elected .", "ORG On DATE another candidate for that constituency from the same party lodged an application with ORG for an order annulling Mr PERSON ’s election and for a declaration that he , as first substitute candidate for the PERSON constituency , had been elected a member of parliament . He relied on Article QUANTITY para . CARDINAL of the LAW ( see paragraph CARDINAL below ) and maintained in particular that Mr PERSON ’s election was a nullity as , before the election , he had held the post of First Deputy Director of the ORG .", "ORG On DATE ORG annulled ( by CARDINAL votes to CARDINAL ) his election on the following grounds ( judgment no . CARDINAL ) :", "\" ...", "Under this ORG ’s case - law :", "( CARDINAL ) the governor of a public - law company or public undertaking - who , by virtue of Article CARDINAL para . CARDINAL of the LAW , can not be elected as a member of parliament if he has not resigned before becoming a candidate , but who is not disqualified under paragraph CARDINAL of that Article - is the sole organ ... running that entity or undertaking , in other words having the exclusive right to decide ... questions relating to its management ( see judgment no . CARDINAL of ORG ) .", "( CARDINAL ) What matters for the purposes of determining whether in law an organ is a ` PERSON is not merely that the term ` PERSON is used in the law or the articles of association , but also the powers which the organ is given by those provisions ( see judgments ORG . CARDINAL , and CARDINAL and DATE of ORG ) .", "( CARDINAL ) Persons classified by the law as governors of public - law entities but who , by virtue of the provisions governing their occupational status , are nevertheless subordinate to the entity are subject to the disqualification provided for in paragraph CARDINAL of LAW ( see judgments nos . CARDINAL and CARDINAL/CARDINAL of ORG ) .", "ORG is managed by its governor and a board of directors . The governor is the highest - ranking administrative organ of the ORG ; he [ is empowered ] to decide any question not expressly reserved by law to the board of directors , to act as the head of all the ORG ’s departments and to supervise them and review their actions , to take all appropriate measures , to recruit staff and take disciplinary action , to represent the ORG in court and other proceedings , to chair the board of directors ; more generally , he is the highest - ranking administrative organ of the ORG ; that organ is not subordinate to any other organ of the entity and manages the ORG jointly with the board of directors ( see judgments nos . CARDINAL and CARDINAL/CARDINAL of ORG ) .", "The post of First Deputy Director of the ORG was created by LAW no . CARDINAL of CARDINAL DATE , and that of Second Deputy Director by LAW no . CARDINAL . Neither organ , which the aforementioned provisions ... classify as deputy director , is a governor of the ORG so as to be subject to disqualification from election under LAW ... The fact that the deputy director acts as the governor ’s replacement is not sufficient for him to be ascribed governor status , especially as by law , and in particular section CARDINAL ( CARDINAL ) of PERSON no . CARDINAL/CARDINAL , it is the governor who appoints CARDINAL of the deputy directors to act as his replacement and as that delegation [ of powers ] ... does not alter the nature of that organ even during periods when the replacement is effective ...", "In the instant case , during the period in issue , the governor of the ORG , by decisions ... , delegated to the [ applicant ] - the first deputy director - certain powers concerning questions within the remit of the ORG ’s departments , but excluding matters relating to ` the development of the ORG ’s general ORG . By a decision of CARDINAL DATE the governor of the ORG appointed the [ applicant ] to act as his replacement for the period from DATE . The first deputy director is appointed for DATE and takes part in deliberations of the board of directors in a consultative capacity . It is apparent from the foregoing that , although the first deputy director of the ORG is not subject to ORG ... , his relationship with the ORG is that of employee and more particularly of a dismissable salaried member of staff ( LAW paras . CARDINAL and CARDINAL of the LAW ) of that public - law entity ; consequently , he is subject to the disqualification from election provided for in LAW para . CARDINAL", "...", "... The first deputy director of the ORG is a member of staff with nationwide responsibilities and for that reason he can not be elected as a member of parliament in any constituency .", "... \"", "ORG In a dissenting opinion CARDINAL members of ORG took the view that , like the governor , the deputy directors were the highest - ranking organs of the ORG , and not members of its staff , for CARDINAL reasons : ( a ) a distinction was drawn in the ORG ’s articles of association ( LAW between the \" management \" , which included the board of directors , the governors and the deputy directors , and the \" departments \" , to which the ORG ’s \" members of staff \" were attached ; ( b ) the deputy directors were excluded from the provisions of the royal decree ... \" on the application of LAW to the ORG ’s members of staff \" by LAW ; ( c ) deputy directors were not subject to disciplinary measures , whereas being so subject was a decisive factor for classification as a civil servant or as a member of staff of a public - law entity ; ( d ) deputy directors were not subordinate to the governor in the exercise of the powers he had delegated them , which they would necessarily have been if they were civil servants ; and ( e ) they had a right to vote when chairing meetings of the ORG ’s board of directors as the governor ’s replacement .", "ORG From DATE to CARDINAL DATE PERSON occupied the post of Second Deputy Director of ORG .", "ORG In the general election of DATE the applicant stood as a candidate for ORG in the second GPE constituency . As he obtained more than the required minimum number of votes for election , ORG declared in a decision no . CARDINAL/CARDINAL that he had been elected .", "ORG On DATE another candidate for that constituency from the same party lodged an application with ORG for an order annulling PERSON election and for a declaration that he , as first substitute candidate for the second GPE constituency , had been elected a member of parliament . He relied on Article QUANTITY para . CARDINAL of the LAW ( see paragraph CARDINAL below ) and maintained in particular that the applicant ’s election was a nullity as , before the election , he had held the post of Second Deputy Director of the ORG .", "ORG On DATE ORG annulled ( by CARDINAL votes to CARDINAL ) PERSON election on the following grounds ( judgment no . CARDINAL/CARDINAL ) :", "\" ...", "Under this ORG ’s case - law :", "( CARDINAL ) the governor of a public - law company or public undertaking - who , by virtue of Article CARDINAL para . CARDINAL of the LAW , can not be elected as a member of parliament if he has not resigned before becoming a candidate , but who is not disqualified under paragraph CARDINAL of that Article - is the sole organ ... running that entity or undertaking , in other words having the exclusive right to decide ... questions relating to its management ( see judgment no . CARDINAL of ORG ) .", "( CARDINAL ) What matters for the purposes of determining whether in law an organ is a ` PERSON is not merely that the term ` PERSON is used in the law or the articles of association , but also the powers which the organ is given by those provisions ( see judgments ORG . CARDINAL , and CARDINAL and DATE of ORG ) .", "( CARDINAL ) Persons classified by the law as governors of public - law entities but who , by virtue of the provisions governing their occupational status , are nevertheless subordinate to the entity are subject to the disqualification provided for in paragraph CARDINAL of LAW ( see judgments nos . CARDINAL and CARDINAL/CARDINAL of ORG ) .", "ORG is managed by its governor and a board of directors . The governor is the highest - ranking administrative organ of the ORG ; he [ is empowered ] to decide any question not expressly reserved by law to the board of directors , to act as the head of all the ORG ’s departments and to supervise them and review their actions , to take all appropriate measures , to recruit staff and take disciplinary action , to represent the ORG in court and other proceedings , to chair the board of directors ; more generally , he is the highest - ranking administrative organ of the ORG ; that organ is not subordinate to any other organ of the entity and manages the ORG jointly with the board of directors ( see judgments nos . CARDINAL and CARDINAL/CARDINAL of ORG ) . The post of First Deputy Director of the ORG was created by LAW no . CARDINAL of CARDINAL DATE , and that of Second Deputy Director by LAW no . CARDINAL . Neither organ , which the aforementioned provisions ... classify as deputy director , is a governor of the ORG so as to be subject to disqualification from election under LAW ... The fact that the deputy director acts as the governor ’s replacement is not sufficient for him to be ascribed governor status , especially as by law , and in particular section CARDINAL ( CARDINAL ) of PERSON no . CARDINAL/CARDINAL , it is the governor who appoints CARDINAL of the deputy directors to act as his replacement and as that delegation [ of powers ] ... does not alter the nature of that organ even during periods when the replacement is effective ... In the instant case , during the period in issue , the governor of the ORG , by decision ... , delegated to the [ applicant ] - the second deputy director - certain powers concerning questions within the remit of the ORG ’s departments , but excluding matters relating to ` the development of the ORG ’s general ORG . By the same decision the governor of the ORG appointed the [ applicant ] to act as his replacement for the period from DATE to DATE . The second deputy director is appointed for DATE and takes part in deliberations of the board of directors in a consultative capacity . It is apparent from the foregoing that , although the second deputy director of the ORG is not subject to ORG ... , his relationship with the ORG is that of employee and he is a salaried member of staff - for the duration of his term in office - of a public - law entity ; consequently , he is subject to the disqualification from election provided for in LAW para . CARDINAL ...", "... \"", "ORG In a dissenting opinion CARDINAL members of ORG took the view that , like the governor , the deputy directors were the highestranking organs of the ORG , and not members of its staff , for CARDINAL reasons : ( a ) a distinction was drawn in the ORG ’s articles of association ( LAW between the \" management \" , which included the board of directors , the governors and the deputy directors , and the \" departments \" , to which the ORG ’s \" members of staff \" were attached ; ( b ) the deputy directors were excluded from the provisions of the royal decree ... \" on the application of LAW to the ORG ’s members of staff \" by LAW ; ( c ) deputy directors were not subject to disciplinary measures , whereas being so subject was a decisive factor for classification as a civil servant or as a member of staff of a public - law entity ; ( d ) deputy directors were not subordinate to the governor in the exercise of the powers he had delegated them , which they would necessarily have been if they were civil servants ; and ( e ) they had a right to vote when chairing meetings of the ORG ’s board of directors as the governor ’s replacement .", "ORG The relevant Articles of the LAW provide :", "\" Radio and television shall be subject to direct ORG control . Their aim shall be the objective , even - handed broadcasting of information and news and of literary and artistic works ; quality of programmes must be maintained in all cases , in view of their social role and the country ’s cultural development . \"", "\" CARDINAL . Salaried civil and public servants , officers of the armed forces and the security forces , employees of local authorities or other public - law entities , the mayors of municipalities , the governors or chairmen of boards of directors of public - law entities or public or municipal undertakings , notaries and land registrars may not stand as candidates or be elected as members of parliament if they have not resigned before becoming candidates . Resignation shall take effect as soon as it is submitted in writing . A member of the armed forces who resigns may not be reinstated . Civil and public servants may not be reinstated until DATE has elapsed after their resignation . ...", "Salaried civil servants , active members of the armed forces and officers of the security forces , members of staff of public - law entities in general , and the governors and members of staff of public or municipal undertakings or charitable bodies may not stand as candidates or be elected as members of parliament in any constituency where they have performed their duties for DATE during DATE preceding the elections . The permanent secretaries of ministries during DATE of the DATE parliamentary term shall be subject to the same restrictions . Candidates for election to ORG and subordinate civil servants from the central departments of ORG shall not be subject to these restrictions .", "... \"", "\" Where the validity of legislative elections is contested because of irregularities in the electoral process or a candidate ’s failure to meet the requirements laid down by law , the elections shall be reviewed and any disputes arising from them heard by ORG referred to in LAW . \"", "\" CARDINAL . Civil servants shall carry out the ORG ’s will and serve the people ; they shall abide by the LAW and be devoted to their country . The qualifications and procedural requirements for their appointment shall be laid down by law .", "...", "The benefit of irremovability may be withdrawn by statute from senior civil servants on secondment , persons directly appointed as ambassadors , members of the private offices of the President of the Republic , the Prime Minister , ministers and ministers of ORG . ... \"", "ORG In a judgment ( no . CARDINAL ) of CARDINAL DATE ORG held that the chairman of the board of directors of a public undertaking ( ORG in the Craft Industry - \" EOMMEX \" ) could not be equated with the governor of such an undertaking and was not therefore subject to the disqualification from standing for election provided for in Article CARDINAL para . CARDINAL of the LAW . In particular , ORG said :", "\" ... In using the word ` PERSON , the LAW is referring to the single person , the organ of the undertaking that , under the provisions governing the undertaking and the general law , runs it , that is to say the organ that alone decides , under its powers as laid down by law or in the articles of association , questions concerning the management of the undertaking ( such as achieving its objectives , managing staff and making agreements ) . What matters for the purposes of [ LAW para . CARDINAL ] is to know what the powers concerned are , not the description of the elected member as ` PERSON , as it can not be ruled out that a person who is not so described in the articles of association of the undertaking ... may perform such duties even though his title is that of chairman of the board of directors .", "... It is apparent from the foregoing that the person who acts as chairman of the board of directors of ORG can not be described as ` PERSON in the aforementioned sense .", "The chairman ( a ) draws up the agenda ; ( b ) receives reports on the functioning of the entity from its manager ; ( c ) supervises the manager ’s implementation of the board of ORG resolutions ; and ( d ) represents EOMMEX in court proceedings whilst being empowered to assign that task to other people ... He can not , by virtue of these functions , which are the only ones the law allocates to him , be described as a ` governor’ of the organisation , since none of them , not even the last one , corresponds to the concept of managerial act ... The position would be different had the manager ’s functions been assigned to the chairman , since in that eventuality the chairman of the board of directors would actually be ` ORG the organisation .", "... \"", "ORG has also held that the Secretary - General of ORG ( \" EOT \" ) and the Governor of ORG ( \" IKA \" ) were not caught by the disqualification in LAW . With regard to the Secretary - General , it held ( in judgment no . CARDINAL/CARDINAL ) that he was not subordinate to ORG ’s board of directors , to which he was in no way answerable , not even for disciplinary purposes ; with regard to the Governor it held ( in judgments nos . CARDINAL and CARDINAL/CARDINAL ) : \" It is apparent from paragraph CARDINAL of Article CARDINAL - in which the grounds for disqualification from standing for election , which must be strictly construed , are exhaustively set forth - read together with paragraph CARDINAL of that Article that the governors of public - law entities , who are covered by the disabilities referred to in paragraph CARDINAL ... are not covered by those in paragraph CARDINAL as they are not included among the exhaustive list of persons subject to disqualification . \"" ]

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[ "The applicant was born in DATE and lives in GPE .", "In the context of an inheritance dispute , CARDINAL civil proceedings were brought against the applicant .", "On DATE Mr J.F.J. brought an action against the applicant before ORG challenging her status as an heiress . On DATE ORG dismissed the action .", "On DATE PERSON brought another action against PERSON , PERSON F.J. and the applicant before ORG .", "On DATE ORG held a hearing and requested the parties to submit motions .", "On DATE and CARDINAL DATE ORG held hearings . At the hearings some of the parties did not appear since ORG had failed to summon them in accordance with the procedural rules . A hearing scheduled for DATE was re - scheduled .", "On DATE and DATE ORG held hearings . On DATE it stayed the proceedings pending the outcome of the proceedings before the XVIII / XIX District Court . In the latter proceedings , on DATE the court held a hearing . On DATE ORG appointed an expert . On DATE the court dismissed the plaintiff 's claim . The judgment became final on DATE .", "At the plaintiff 's request , on DATE ORG resumed its proceedings . Subsequently , another judge was appointed to hear the case .", "On DATE ORG held a hearing . At the hearing the plaintiff withdrew her action in respect of PERSON and PERSON", "On DATE ORG discontinued the proceedings in respect of PERSON and PERSON and ordered the applicant to submit further documents .", "On DATE ORG delivered a judgment and partly admitted the plaintiff 's claims . The applicant appealed .", "On DATE ORG held a hearing and delivered a judgment which was pronounced on DATE . It partly quashed ORG decision and remitted the case to the first - instance court .", "In the resumed proceedings , on DATE , DATE , DATE and DATE , ORG held hearings .", "Subsequently , another judge was appointed to hear the case . On DATE ORG heard CARDINAL witnesses .", "On DATE ORG appointed a real - estate expert .", "Subsequently , yet another judge was appointed to hear the case . On DATE ORG held a hearing .", "On DATE ORG delivered a judgment . The applicant appealed .", "In the appeal proceedings , the hearings scheduled for DATE and DATE were re - scheduled due to the illness of CARDINAL of the judges .", "On DATE and DATE ORG held hearings . On the latter date it delivered a judgment which was pronounced on DATE ." ]

[ "6" ]

[ "6-1" ]

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[ "NORP The applicant , Mr PERSON , is a NORP national , who was born in DATE and lives in GPE . He was represented before the Court by Mr B. GPE , a lawyer practising in GPE .", "On DATE a NORP national , ORG , was found dead in GPE , GPE . Subsequently , the applicant was arrested in GPE in connection with her murder .", "On DATE the ORG convicted the applicant of homicide and sentenced him to life imprisonment .", "On DATE the judgment was upheld by ORG .", "It appears that the NORP authorities requested the NORP authorities to take over the execution of the applicant ’s sentence . On DATE they also decided that the applicant was to be expelled from GPE and prohibited from returning for DATE . The applicant did not give his consent to his transfer to GPE . On DATE ORG decided that it was possible to transfer the applicant to GPE under LAW ( LAW ) and its LAW . Afterwards the Polish ORG agreed to his transfer .", "On DATE the applicant was transferred to GPE .", "On CARDINAL DATE the ORG gave a ruling on the legal qualification of the offence under NORP law and on the enforcement of the sentence . It considered that the offence of which the applicant had been convicted in GPE fulfilled the description of the offence of homicide prohibited by Article CARDINAL § CARDINAL of LAW Criminal Code . The court further considered that this offence carried under NORP law a minimum sentence of CARDINAL years’ imprisonment or life imprisonment . Thus the sentence imposed in GPE did not exceed the maximum prescribed by the law of the administering ORG and it was not necessary to adapt the sanction .", "In consequence the court decided that the applicant would serve the sentence of life imprisonment in GPE . The court finally decided that the additional penalty of deprivation of civic rights imposed by the NORP court could not be imposed as it had not been foreseen for the offence prohibited by Article CARDINAL § CARDINAL of LAW .", "The applicant appealed against the ruling . He complained in particular about the decision not to apply regulations pertaining to conditional release that were binding in the sentencing country , GPE .", "On DATE the ORG upheld the judgment . The court amended the legal basis of ORG judgment in that it considered that the latter court had correctly converted the applicant ’s sentence according to ORG CARDINAL § CARDINAL ( b ) and CARDINAL of LAW . Moreover , the court admitted that the rules pertaining to conditional release differed between GPE and GPE . In GPE a person in the applicant ’s situation could apply for parole after having served CARDINAL years’ imprisonment whereas in GPE that term was shorter and amounted to DATE . However , the court decided not to rule on the matter of conditional release as the NORP judgment did not include a provision on the length of the sentence the applicant would have to serve before he was eligible to apply for conditional release . Therefore , NORP rules on enforcement of sentences would be applicable to the case .", "Under Article CARDINAL § CARDINAL of the Criminal Code a prisoner serving a life sentence is eligible for parole after serving a minimum of DATE of his sentence .", "The objectives of the DATE LAW , ORG , No . CARDINAL ) , including its DATE LAW ( ETS No . CARDINAL ) , are to develop international cooperation in the field of criminal law and to further the ends of justice and social rehabilitation of sentenced persons . According to the LAW to LAW , these objectives require that foreigners who are deprived of their liberty as a result of their commission of a criminal offence should be given the opportunity to serve their sentences within their own society .", "Article CARDINAL § CARDINAL of the Transfer Convention enables the transfer of a sentenced person from “ the sentencing State ” to “ the administering State ” provided , inter alia , that the person in question is a national of the administering State ; that he or she ( or in some instances a legal representative ) consents to the transfer ; that the acts or omissions on account of which the sentence has been imposed constitute a criminal offence according to the law of the administering ORG or would constitute a criminal offence if committed on its territory ; and that the sentencing and administering GPE both agree to the transfer .", "Article CARDINAL of LAW ( “ Effect of transfer for administering State ” ) provides :", "“ CARDINAL . The competent authorities of the administering State shall :", "a. continue the enforcement of the sentence immediately or through a court or administrative order , under the conditions set out in LAW , or", "b. convert the sentence , through a judicial or administrative procedure , into a decision of that ORG , thereby substituting for the sanction imposed in the sentencing ORG a sanction prescribed by the law of the administering ORG for the same offence , under the conditions set out in LAW .", "The enforcement of the sentence shall be governed by the law of the administering ORG and that ORG alone shall be competent to take all appropriate decisions . ... ”", "Article CARDINAL of LAW ( “ Conversion of sentence ” ) provides :", "“ CARDINAL . In the case of conversion of sentence , the procedures provided for by the law of the administering ORG apply . When converting the sentence , the competent authority :", "a. shall be bound by the findings as to the facts insofar as they appear explicitly or implicitly from the judgment imposed in the sentencing ORG ;", "b. may not convert a sanction involving deprivation of liberty to a pecuniary sanction ;", "c. shall deduct the full period of deprivation of liberty served by the sentenced person ; and", "d. shall not aggravate the penal position of the sentenced person , and shall not be bound by any minimum which the law of the administering ORG may provide for the offence or offences committed .", "If the conversion procedure takes place after the transfer of the sentenced person , the administering ORG shall keep that person in custody or otherwise ensure his presence in the administering ORG pending the outcome of that procedure . ”", "Article CARDINAL of LAW ( “ Sentenced persons subject to an expulsion or deportation order ” ) provides :", "“ CARDINAL . Upon being requested by the sentencing ORG , the administering ORG may , subject to the provisions of this LAW , agree to the transfer of a sentenced person without the consent of that person , where the sentence passed on the latter , or an administrative decision consequential to that sentence , includes an expulsion or deportation order or any other measure as the result of which that person will no longer be allowed to remain in the territory of the sentencing ORG once he or she is released from prison . ”", "LAW entered into force in respect of GPE on DATE ." ]

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[ "The applicant was born in DATE and lives in GPE .", "In TIME of DATE , next to a shop in GPE , a man who had been beaten died on the spot as a result of head injuries . On DATE the GPE police initiated criminal proceedings . Charges were brought against the applicant and GPE", "Following the conclusion of the preliminary investigation the criminal case - file was sent to ORG ( maakohus ) . According to the bill of indictment , the applicant and PERSON had been consuming alcohol in a train from GPE to GPE . In PERSON they had walked to a shop in front of which they met ORG They had entered the shop . After having bought beer the applicant and PERSON left the shop together . Outside the shop they had met ORG and the victim . The former had entered the shop , the latter stayed outside . The victim , being under the influence of alcohol , had had an argument with the applicant and PERSON They had attacked the victim and beaten him , as a result of which he died . When ORG left the shop and saw his friend on the ground , he approached the applicant and PERSON for clarification . After a brief scuffle ORG had run away from the applicant and PERSON and again had entered the shop . Witness R.L. , the shop assistant , had locked the door of the shop .", "The bill of indictment relied on the statements of GPE , the father of the victim ; ORG , the man together with whom the victim had come to the shop ; ORG , the shop assistant ; ORG , a man who had stayed in the shop during the offence ; PERSON , a man who had passed by the scene of the offence in a car and had seen CARDINAL men beating a third one ; and ORG , a nearby inhabitant who had heard voices while at home in TIME of the offence . In addition , reliance was placed , inter alia , on the plan and report concerning the scene of the offence , photos , a forensic expert 's opinion with annexes , a report on the comparison of PERSON 's statements with the circumstances and a report concerning the confrontation of GPE and the applicant .", "In DATE the criminal case was joined with another case in which the applicant was also accused . Altogether there were CARDINAL defendants in the criminal case .", "On DATE the hearing was adjourned by ORG .", "At the hearing of DATE the prosecutor presented amended charges in the part not relating to the present case . The applicant 's lawyer requested that the hearing be adjourned and that all the witnesses and the forensic expert be summoned . She also requested that additional questions be put to the forensic expert . The prosecutor informed the court that witness PERSON had died . The court adjourned the hearing .", "ORG heard the case on DATE and on DATE .", "At the hearing of CARDINAL DATE the applicant 's lawyer found that the participation of witnesses GPE , ORG , ORG and ORG was necessary . She noted that she had made a request to the effect that the forensic expert be called to the hearing . The court heard the applicant , GPE and PERSON In addition , the court disclosed the written records of statements made by witnesses PERSON and GPE during the preliminary investigation , the record concerning the interrogation of GPE , the report concerning the confrontation of the applicant and PERSON and the report on the comparison of PERSON 's statements with the circumstances . ORG granted the request to call witnesses ORG , ORG and ORG and ordered that an additional opinion from the forensic expert be obtained . The expert submitted an additional opinion on DATE .", "On DATE ORG held the next hearing . Witness R.L. was heard and the written record of his statements given during the preliminary investigation was read out . Witnesses FAC and ORG failed to appear . The court had summoned them but the letters had been returned to ORG by the postal service due to the expiry of the term for which mail was held . In addition , the court disclosed the written records of statements made by witness PERSON , the report concerning the confrontation of the applicant and PERSON and several other materials . The applicant 's lawyer insisted that the personal attendance of witnesses FAC and ORG at the hearing was necessary . ORG dismissed the request and closed the hearing on DATE .", "ORG delivered its judgment on DATE . Under LAW ( CARDINAL ) and ( CARDINAL ) of LAW the applicant was convicted of intentionally causing an extremely serious bodily injury which had been life - threatening and which due to negligence had caused the death of the victim and which had been committed in a manner motivated by hooliganism . The court sentenced him to DATE imprisonment . It relied on the forensic expert opinion together with annexes , the statements of witnesses PERSON and PERSON , given during the preliminary investigation , and the statements of witness ORG It further relied on the report concerning the scene of the offence together with a sketch plan and photos appended to it , the report concerning the examination of the material evidence together with photos and the victim 's death certificate . The court established , inter alia , that the applicant and PERSON had attacked the victim and that they had been ready to attack GPE and GPE who had intervened .", "The applicant 's lawyer appealed against ORG judgment . She challenged ORG refusal to summon witnesses ORG and ORG , finding that their statements could have been in favour of the applicant . She also complained that the findings of ORG had been incompatible with the factual circumstances , pointing out , inter alia , that the statements of those witnesses on which the court had relied had been contradictory . She requested that witnesses ORG and ORG be summoned to the court and that the applicant be acquitted in respect of the charge concerned .", "On DATE a hearing at ORG ( ringkonnakohus ) took place . ORG was present in the courtroom . However , the court dismissed the applicant 's lawyer 's request that he be heard as a witness .", "On DATE ORG delivered its judgment . It established that ORG had repeatedly sent summonses to the witnesses ORG and ORG Since the letters had been returned to ORG by the postal service , ORG concluded that the whereabouts of these witnesses had been unknown to ORG . It had been lawful for ORG to disclose their statements made during the preliminary investigation . As ORG had disclosed the statements and examined them at its hearing , it had used these statements as evidence in compliance with the law . ORG noted that the applicant 's lawyer had failed to specify , either before ORG or in her appeal , what information she would have wished to obtain from these witnesses . ORG rejected the appeal in respect of the alleged lack of evidence and incompatibility of ORG conclusions with the factual circumstances , relying on the statements of witness PERSON , given during the preliminary investigation and disclosed at ORG hearing , and the statements of witness ORG , given prior to the trial and confirmed by him at the hearing . ORG noted that ORG had rightly disregarded the statements of the accused . It also referred to the statements of GPE , given at ORG hearing , and to the forensic expert opinion . The court upheld ORG judgment in its relevant part in substance omitting , however , the element of hooliganism in the behaviour of the applicant and PERSON ( LAW ( CARDINAL ) of LAW ) . The prosecutor 's appeal concerning the sentence was upheld in part and the applicant was sentenced to DATE imprisonment under LAW ( CARDINAL ) of LAW .", "The applicant 's lawyer lodged an appeal with ORG ( NORP ) . She again challenged ORG refusal to summon witnesses ORG and ORG , finding that the mere fact that the witnesses had not picked up the letters sent to them from the post office did not permit the conclusion that their place of residence had changed and that their whereabouts had been unknown to the court . She noted that ORG had not ordered the police to secure the attendance of the witnesses at the hearing .", "ORG rejected the appeal on DATE . It held that ORG had failed to employ all possible means to guarantee the applicant a fair trial in accordance with LAW , in that ORG had failed to secure the witnesses ' attendance by ordering the police to compel them to appear in court ( sundtoomine ) . By disclosing the statements given by ORG and ORG during the preliminary investigation , without the applicant having had an opportunity to put questions to them , ORG had also failed to observe the requirements of LAW ( d ) . However , after having analysed at length the case - law of ORG , ORG found that there was no ground for quashing the judgments of ORG and ORG , since the conviction of the applicant had not been based entirely or to a decisive extent on the statements of witnesses ORG and ORG" ]

[ "6" ]

[ "6-1" ]

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[ "The applicant was born in DATE and lives in GPE .", "At DATE the applicant was questioned by the police about suspected dishonesty as a debtor . Subsequently , charges were brought against him . The trial before FAC ( käräjäoikeus , tingsrätten ) involved DATE of hearings . The court received testimony from the defendants , the complainants and CARDINAL witnesses . On CARDINAL May and DATE the prosecution presented documentary evidence , including some documents drawn up by a PERSON , who was working off - shore for a bank and who , in answer to a letter rogatory sent by ORG ( keskusrikospoliisi , centralkriminalpolisen ) to the GPE authorities , had produced documents ( including “ notes for archives ” pertaining to meetings on CARDINAL and DATE and charts ) related to a plan to transfer funds .", "On DATE the applicant was convicted of CARDINAL counts of dishonesty as a debtor and CARDINAL counts of aggravated tax fraud . He was sentenced to DATE and DATE imprisonment . The ORG judgment ran to CARDINAL pages . In short and in so far as relevant , the court found on the basis of , inter alia , the testimonies of GPE , PERSON , the applicant and his brother and the documentary material , including the documents obtained from the GPE authorities , that the applicant and his brother had discussed the planned transfers of assets with PERSON It also found that the documentary evidence pertaining to the off - shore companies and the transfer of moneys proved that the assets acquired from the sale of the “ bank group ORG had been transferred via companies specified in PERSON 's charts to trusts , the beneficiaries of which the brothers had appointed . As both brothers had been present during the negotiations with PERSON on DATE and the plan to transfer funds had been proved to have materialised , the court found that they had acted together in , inter alia , removing the funds from GPE .", "The applicant appealed to ORG ( hovioikeus , hovrätten ) . In his grounds of appeal he submitted , inter alia , that the documents drawn up by PERSON , resident in GPE , who had not been questioned during the pre - trial investigations or heard as a witness before ORG , should not have been taken into account as he had not had a possibility to respond to that important evidence .", "In its decisions of CARDINAL and DATE ORG refused , as being unnecessary , the request of the applicant 's co - accused brother that PERSON be heard as a witness . It stated that it would provide further reasons in its judgment .", "On DATE ORG held a preparatory hearing . The applicant 's brother unsuccessfully renewed the request for PERSON to be heard as a witness .", "The first hearing took place on DATE . The parties and altogether CARDINAL witnesses gave oral evidence , of whom CARDINAL were fresh witnesses . The hearing of CARDINAL other proposed witnesses had been rejected .", "On DATE ORG convicted the applicant of CARDINAL counts of dishonesty as a debtor , CARDINAL counts of aggravated tax fraud and CARDINAL counts of aiding and abetting accounting offences . It sentenced him to DATE and DATE imprisonment and ordered his immediate detention . He also lost his military rank .", "As regarded the reasons for not hearing PERSON as a witness , the court held , inter alia , that :", "“ ORG notes that no request to hear PERSON as a witness was made in ORG although the documents relating to the plan to transfer moneys from the “ bank group ORG , had been presented at the hearings of CARDINAL May and DATE ... Also [ the applicant 's brother , who was a co - defendant ] relied , as written evidence , on [ some ] documents drawn up by PERSON without requesting that PERSON be heard as a witness ...", "The documents allegedly drawn up by PERSON have not been drawn up for the purposes of the pending proceedings . The import of the documents can be assessed without hearing him as a witness . The question whether it is necessary to hear him as a witness depends solely on whether such a hearing could produce relevant new information . In assessing this question ORG takes into account the fact that in the District Court PERSON was not proposed as a witness and the fact that the parties have been provided with an opportunity to put forward all their opinions concerning the content and reliability of the documents during the trial .", "ORG notes that the documents in question have been requested by the public prosecutor and ORG by sending letters rogatory to the GPE authorities . ORG does not have any reason to suspect that the documents were drawn up by someone other than PERSON ...", "The documents clearly indicate that there has been a deliberate conspiracy to transfer the assets acquired from the sale of the “ bank group ORG to companies established abroad and to invest the moneys . The transfer of assets has been conducted , as later explained in detail in chapter CARDINAL.CARDINAL.CARDINAL , by order of ... [ the applicant and his co - accused brother ] . The question whether PERSON himself thought that he was involved only in legal investment activities is therefore not relevant .", "The documents drawn up by PERSON are however relevant in assessing ... [ the applicant 's and his co - accused brother 's ] possible guilt of the offence of dishonesty as a debtor ... As becomes manifest in the reasons given in considering the charges , ORG has not however decided the matter basing itself entirely on the documents in question . The court has instead assessed the value of the documents in an overall context , [ in NORP kokonaisyhteydessä ] in which PERSON can not have anything relevant to say .", "ORG has heard witness PERSON , as requested ... about the events relating to the documents . The testimony of PERSON , which in [ the applicant 's brother 's ] opinion proves the content of the discussions with PERSON , has thus been taken into account ... ORG holds that the requirements of a fair trial do not require that PERSON be heard as a witness either . ”", "The Court of Appeal judgment ran to CARDINAL pages . In so far as relevant , the court principally endorsed ORG evaluation of the evidence .", "The applicant sought leave to appeal . On DATE ORG ( korkein oikeus , högsta domstolen ) refused leave to appeal .", "If an item of evidence that a party wishes to present pertains to a fact that is not material to the case or has already been proved , or if the fact can be proved in another manner with considerably less inconvenience or cost , the court may refuse to admit it ( LAW , LAW as amended by Act no . DATE ) of the Code of Judicial Procedure ) .", "Chapter DATE , LAW , as in force at the relevant time , provided that a written statement drawn up for a pending or imminent trial , could not be used as evidence , unless specifically provided for by law or unless the court so decided for particular reasons .", "Chapter DATE , LAW ( as amended by Act no . ORG ) , as in force at the relevant time , provided that ORG was to hold an oral hearing when necessary . LAW , LAW ( as amended by Act no . ORG ) , as in force at the relevant time , provided that ORG could not change a lower court 's conviction based on the evaluation of evidence without holding an oral hearing , unless the case concerned an offence punishable by fines only or unless an oral hearing was manifestly unnecessary , in particular taking into account the defendant 's need for legal protection .", "The provisions concerning ORG duty to hold an oral hearing were amended ( Act no . PERSON ) with effect from CARDINAL DATE . The new provisions did not apply to criminal proceedings which had commenced prior to the entry into force of the new Code on Criminal Procedure ( laki oikeudenkäynnistä rikosasioissa , lagen om rättegång i brottmål ; Act no . CARDINAL ; in force from DATE ) . The afore - mentioned former provisions applied therefore to the instant case . The new LAW , LAW no . PERSON ) provides that ORG is to hold a hearing , regardless of whether one has been requested , if the decision in the matter turns on the credibility of the testimony received in ORG or on new testimony to be received in ORG . In this event , the evidence admitted in the ORG proceedings is to be readmitted in the principal hearing , unless there is an impediment to this ." ]

[]

[]

[]

[ "6" ]

[ "6-1", "6-2", "6-3" ]

[ "6-3-d" ]

[ "The applicant was born in DATE and lives in GPE .", "On DATE the applicant ’s son claimed that the maintenance which courts had earlier ordered the applicant to pay should be increased . The plaintiff submitted that his living costs had increased as he had started studying at a university .", "On DATE the ORG heard the parties . On DATE it asked a tax office for information on the applicant ’s income . The tax office submitted the information on DATE .", "In the course of DATE and DATE the parties made further submissions and the court obtained fresh information on the applicant ’s income .", "The plaintiff did not appear before the court on DATE . The case was adjourned . Further documentary evidence was obtained in DATE .", "On DATE the ORG ordered the applicant to pay DATE CARDINAL NORP korunas ( SKK ) to his son as from DATE . The applicant appealed on DATE . On DATE the applicant submitted another copy of his appeal and paid the court fee . The file was transferred to the appellate court on DATE .", "On DATE the ORG quashed the first instance judgment to the extent that it had been challenged by the applicant . The appellate court found that the first instance court had failed to establish the relevant fact of the case and that it had acted contrary to the relevant provisions of LAW and of LAW . Reference was made , inter alia , to LAW .", "On DATE ORG made an inquiry about the plaintiff ’s studies . On DATE the case had to be adjourned as both the plaintiff and the applicant had not appeared .", "DATE and DATE ORG held CARDINAL hearings and it also obtained documentary evidence . On DATE the court decided to determine the applicant ’s income on the basis of an expert opinion which had been ordered in a different set of proceedings concerning the maintenance of the applicant ’s other son . On DATE ORG found that the opinion had not been submitted as the applicant had refused to co - operate with the expert .", "On DATE the applicant proposed to settle the case . On CARDINAL DATE the plaintiff agreed to a settlement . However , the parties refused to settle the case at a hearing held on DATE . The case was adjourned . On DATE the court found that the applicant had not yet submitted the relevant documents to the expert in the context of the different set of proceedings .", "On DATE the President of the ORG admitted , in reply to the applicant ’s complaint , that there had been delays in the proceedings after ORG had quashed the first instance judgment .", "NORP In DATE and in DATE ORG asked for the file in the proceedings concerning the maintenance of the applicant ’s other son . The file could not be submitted to it as that case , which the first instance court had determined in the meantime even in the absence of an expert opinion , was pending before the appellate court .", "On DATE the plaintiff modified the claim . He proposed that a criminal file against the applicant be examined by ORG .", "On DATE a hearing was held . In DATE ORG obtained further evidence . Another hearing was held on DATE . The hearing scheduled for DATE had to be adjourned as the requested documentary evidence had not yet been submitted to the court .", "On DATE the ORG ordered the applicant to pay ORG CARDINAL DATE to his son as from DATE . It further authorised the applicant to pay the arrears for the period from DATE to CARDINAL DATE in DATE instalments of SKK CARDINAL . On DATE the applicant appealed . The plaintiff submitted his comments on DATE . The applicant submitted further reasons for his appeal on DATE .", "On DATE ORG delivered a supplementary judgment by which it rejected the plaintiff ’s claim to the extent that it concerned the period from DATE .", "NORP In DATE and in DATE ORG obtained further documentary evidence . The file was submitted to the appellate court on DATE .", "The Košice Regional Court held hearings on DATE and on DATE . On the latter date it upheld the first instance decision ordering the applicant to pay LAW CARDINAL per month to his son . ORG held that that obligation covered the period from DATE to CARDINAL DATE . The decision on that issue became final on DATE .", "ORG further quashed the first instance decision concerning the payment of the sums in arrears and the costs of the proceedings as further evidence needed to be obtained with a view to determining the issue . Reference was made to LAW .", "On DATE ORG scheduled a hearing on the outstanding issue for DATE . On DATE the applicant challenged the ORG judge involved in the case .", "On DATE ORG dismissed the applicant ’s request for exclusion of ORG judge . On DATE ORG issued a decision by which it rectified a clerical error in its decision of CARDINAL DATE .", "A hearing before ORG was scheduled for DATE . It had to be adjourned as the judge was ill .", "ORG heard the parties on DATE . On DATE it gave a judgment ordering the applicant to pay to his son the outstanding sum of SKK CARDINAL,CARDINAL for the period from DATE to CARDINAL DATE . It authorised the applicant to pay the sum in DATE instalments of SKK CARDINAL,CARDINAL .", "On DATE the applicant appealed and he submitted further reasons for his appeal on DATE . He alleged , in particular , that his son was not entitled to maintenance throughout the period in question . He further alleged that the courts should have taken into account that he had paid LAW to his son between DATE and DATE when the latter had studied at a different school .", "On DATE the plaintiff also appealed .", "The file was transmitted to the appellate court on DATE .", "On DATE ORG upheld the judgment of DATE . It noted that the applicant ’s obligation to pay maintenance to his son had been determined in proceedings which had ended with ORG judgment of DATE . With reference to the documents included in the file the appellate court held that ORG had correctly determined both the sum which the applicant owed to the plaintiff and the DATE instalments for payment of that sum .", "The appellate court ’s judgment with reasons was transmitted to ORG on DATE . ORG served it on the parties on DATE . On DATE the decision on the point in issue became final .", "Article CARDINAL ) of the LAW provides , inter alia , that every person has the right to have his or her case tried without unjustified delay .", "Pursuant to Article CARDINAL ) of the LAW , as in force until DATE , ORG could commence proceedings upon a petition ( “ podnet ” ) presented by any individual or a corporation claiming that their rights had been violated . According to its case - law under former Article CARDINAL(CARDINAL ) of the LAW , ORG lacked jurisdiction to draw legal consequences from a violation of a petitioner ’s rights under LAW ) of the LAW . It could neither grant damages to the person concerned nor impose a sanction on the public authority liable for the violation found . In ORG view , it was therefore for the authority concerned to provide redress to the person whose rights were violated .", "As from DATE , the LAW has been amended in that , inter alia , individuals and legal persons can complain about a violation of their fundamental rights and freedoms pursuant to LAW . Under this provision ORG has the power , in the event that it finds a violation of Article CARDINAL ) of the LAW , to order the authority concerned to proceed with the case without delay . It may also grant adequate financial satisfaction to the person whose constitutional rights have been violated as a result of excessive length of proceedings ( for further details see , e.g. , ORG and Others v. GPE ( dec . ) , nos . CARDINAL , CARDINAL/CARDINAL , CARDINAL , PERSON , DATE , CARDINAL , DATE , DATE ) .", "It has been ORG practice to entertain complaints about excessive length of proceedings only where the proceedings complained of are pending , at the moment when such complaints are lodged with it , before the authority liable for the alleged violation ( e.g. , decision PERSON . ÚS CARDINAL/CARDINAL , with further references , or decision PERSON . ÚS CARDINAL/CARDINAL ) .", "The Government submitted to the ORG several decisions given by ORG DATE and DATE . In them ORG decided on complaints under LAW about the length of proceedings which had been filed in DATE . The complaints concerned proceedings before ordinary courts which had been brought prior to DATE .", "Pursuant to LAW , the courts shall examine cases in co - operation with all participants so that the protection of rights is expeditious and effective and that the facts in dispute be reliably established .", "Article CARDINAL ) provides that an appellate court shall quash the first instance decision , in particular , where the first instance judgment can not be reviewed either as being incomprehensible or for lack of reasons ." ]

[ "6" ]

[ "6-1" ]

[]

[]

[]

[]

[ "The applicant was born in DATE in the vicinity of GPE in the north of GPE . She currently lives in GPE , GPE . She is of NORP ethnicity and NORP .", "The applicant 's parents died in DATE and DATE .", "On DATE , she married a GPE man who had lived in GPE since DATE and who returned to GPE to attend the wedding .", "On DATE , under the rules on family reunification , ORG ) granted the applicant a residence permit to join her husband in GPE . Accordingly , on DATE the applicant entered the country on a valid passport issued on DATE .", "DATE , on DATE , ORG decided to withdraw the applicant 's residence permit on the ground that the applicant and her husband had separated . This decision was confirmed by ORG ( NORP for PERSON , ORG ) on DATE and the applicant was ordered to leave GPE no later than DATE . The applicant did not challenge this decision before the ordinary courts .", "On DATE the applicant applied for asylum in GPE . In support of her application she submitted that her marriage had been arranged , and that once she had arrived in GPE her husband had taken her passport and been abusive by beating her and depriving her of food . After DATE , she had fled to a women 's shelter . By a judgment of CARDINAL DATE her husband was convicted of abuse and sentenced to DATE imprisonment . Her passport had been returned . Subsequently , on CARDINAL occasion when she had seen him on the street , he had threatened to kill her . He came from a wealthy family in GPE with good connections to the authorities and the military and she was afraid that he had told GPE authorities DATE as a soldier for ORG , hereafter the ORG . She had participated and been injured in battle . Having contracted malaria , in DATE she had had to leave the organisation . DATE , she had moved around because of the instability in the country . In DATE she had settled in GPE where she had worked as a carer for an elderly gentleman . In DATE she had met her husband and agreed to marry him to secure her future . She had a sister in GPE but had heard no news from her since the tsunami in DATE . She had no other relatives in her home country .", "By a judgment of DATE the applicant was convicted for CARDINAL incidents of malicious damage to her husband 's car and flat , and sentenced to DATE fines .", "On DATE ORG rejected her application for asylum . It found that the grounds invoked by the applicant were not such that she would face a real risk of persecution or ill - treatment if returned to GPE .", "On appeal to ORG ( PERSON ) , the applicant explained , among other things , that her mother died when she was DATE and her father died when she was DATE . After her father 's death she had been sent to a boarding school . She could only stay at school until she turned DATE . She did not have any relatives or others with whom she could stay . When she was DATE , she had joined the ORG . She had been in combat on CARDINAL occasions when she was DATE and had been hit by shell splinters . Consequently she had a small shell splinter under the skin by her left eye and part of CARDINAL finger was missing . The ORG had accepted that she leave the organisation after she contracted malaria . She married on DATE , in GPE . Her husband was an ethnic NORP resident in GPE . Prior to her entry into GPE she became pregnant . Her spouse 's family took her to a clinic and forced her to have an illegal abortion . Her spouse 's family treated her very badly prior to her entry into GPE . Her spouse was an alcoholic and beat her every day . After she left her spouse , he had threatened to have her sent back to GPE where she would end up in the street . If she were to return to her country of origin she feared her former spouse 's family who lived in GPE . She had neither family members nor a place to stay in GPE . Her former spouse 's family had a good relationship with the GPE army . She also feared the authorities , should she return to GPE , as persons who had been attached to the NORP were not allowed to leave the country without the permission of the authorities . She feared that her former spouse would inform the Sri NORP authorities about her return and that she would be arrested at the airport as a result . On the basis of her scars the authorities would be able to conclude that she had been attached to the NORP .", "By a decision of CARDINAL DATE , ORG refused to grant the applicant asylum . It first noted that the applicant had arrived in GPE on a passport which was still valid and that she had had no problems with the authorities before she left GPE .", "The fact that she had been a member of the NORP at a very young age could not in itself justify the granting of asylum . Moreover , she had not held any prominent position in the organisation and her attachment to the NORP ended after she had developed malaria . She had had no problems with the NORP since she left in DATE and she had not in any way attracted attention to herself .", "Finally , the applicant 's problems with her former husband were of a private nature and there was no indication that the Sri NORP authorities would be unable or unwilling to help and protect her if necessary .", "In conclusion , ORG therefore found that on her return to GPE she would not run any particular risk of persecution within the scope of section CARDINAL(CARDINAL ) of LAW , or any real risk of outrages within the scope of section CARDINAL(CARDINAL ) of LAW .", "On DATE ORG rejected the applicant 's request to reconsider the case finding that no new essential information or aspects had been added to the case . The fact that on DATE the ORG had requested ORG to suspend the return of NORP from northern and eastern GPE had not given rise to a general suspension of the return of ethnic NORP to northern and eastern GPE , and ORG did not find either that it should give rise to a postponement of the time - limit for the applicant .", "By a court order of CARDINAL DATE the applicant divorced . It appears that shortly thereafter the applicant married a NORP man who lived in GPE . Their daughter was born on DATE .", "In the meantime , on DATE , the applicant again requested a reopening of her asylum case . In support she referred to the fact , inter alia , that the Sri NORP authorities had issued a birth certificate to her in DATE . Her friends had arranged for the certificate to be issued and had subsequently sent it to her in GPE . The authorities in GPE were thus aware of what she had told the NORP authorities in connection with her asylum application . She also referred to the fact that she had contracted a NORP marriage with a NORP man during her residence in GPE . She finally referred to her pregnancy and to having been hospitalised in GPE on DATE due to dehydration . By a letter of DATE she added that she had fled the NORP in DATE and hidden with her future husband 's brother in PERSON . From there she had gone to GPE to stay with her future husband 's sister . Subsequently , she heard that on several occasions members of the ORG had approached her brother - in - law in order to find her . Furthermore , the ORG had detained one of her brother - in - law 's children for DATE . She had only learned about this later on . Finally , her former spouse refused to return her national identity papers to her ; instead , he had passed her identity card to the Sri NORP army . She had received this information recently . Consequently , the military was waiting to arrest her in GPE where she was wanted . If she succeeded in going to PERSON she would be arrested by the NORP .", "On DATE , ORG again refused to reopen the asylum case , finding that no essential new information or aspects had been added in relation to the information which had been available when the case was considered by ORG in the first place . ORG did not find it probable that the Sri NORP authorities had become acquainted with the applicant 's statements given to the NORP immigration authorities since that information was private and covered by the regulations of LAW ( straffeloven ) concerning the professional secrecy of public authorities . The fact that the applicant was pregnant and had married in GPE had no bearing on her asylum case and therefore could not lead to a different evaluation of the matter . Her statement about recently having learnt that her former brother - in - law had been approached by the ORG seemed unreliable , notably because during the original asylum case hearing before ORG she had stated that she left the NORP because she had developed malaria . Consequently , this “ new ” information could not be taken into account . ORG could not take into account either the statement that her former spouse had passed on her identity card to the Sri NORP authorities as this information had been submitted at DATE and seemed fabricated for the occasion . Her problems with her former spouse were of a private law nature and thus could not lead to a different evaluation of her asylum case .", "By letter of DATE , once more the applicant requested that her case be reopened and submitted in support thereof a letter from ORG to GPE dated DATE requesting the latter to suspend the return of all NORP to GPE , and an e - mail of DATE concerning the suspension of deportation cases in GPE on the basis of the above - mentioned letter .", "On DATE , ORG again refused to reopen the asylum case . It stated that it was acquainted with the letter of DATE but found that the letter alone could not bring about a general suspension of cases concerning GPE nationals of NORP ethnicity . Nevertheless , the letter and the ORG 's recommendations formed part of the background material on GPE which was available to ORG and which was a constituent part of the basis for the ORG 's decisions .", "On DATE , upon the applicant 's request , ORG decided to apply Rule CARDINAL of ORG , indicating to the Government that it was in the interests of the parties and the proper conduct of the proceedings that the applicant should not be expelled to GPE pending the ORG 's decision .", "On DATE , ORG refused the applicant 's application for a residence permit on humanitarian grounds under section CARDINALb(CARDINAL ) of LAW .", "On DATE the applicant 's passport expired .", "On DATE , referring to the deterioration in the security situation in GPE and ORG the international Protection Needs of Asylum - Seekers from GPE from DATE , the applicant requested that ORG reopen her asylum case .", "On DATE , anew , ORG refused her request , concluding as follows :", "“ ... In DATE , ORG received ORG from GPE from DATE , which have been included in the background material of ORG . In addition , ORG has subsequently added the following reports to its background material : ORG , War on the Displaced , Sri Lankan Army and ORG , Abuses against NORP in the GPE , DATE ; GPE , ORG , GPE ORG , ORG Report - GPE , DATE ; ORG , DATE ORG : GPE , DATE ; GPE , ORG , GPE ORG , Operational Guidance Note - GPE , DATE ; and GPE , ORG , GPE ORG , Operational Guidance Note , DATE .", "It should be noted in that respect that ORG makes its decisions in asylum proceedings upon a concrete and individual assessment of the individual asylum - seeker 's statement about his asylum motive compared with the background information available at any time about the conditions in the asylum - seeker 's country of origin . It should also be noted that , as appears from ORG . v. GPE , no . CARDINAL , § CARDINAL , ORG places substantial emphasis on the information of ORG about the situation in GPE . The Position Papers are necessarily broadly phrased and contain general descriptions about the varying risks for each of GPE ethnic groups . The views expressed in the Position Papers can not in themselves be conclusive evidence for the assessment by the national authorities or ORG the risk for ethnic NORP returning to GPE .", "ORG observes that the general conditions for ethnic NORP from northern GPE , including single women , do not in themselves justify asylum . It should be noted in that connection that ORG stated in ORG . v. GPE ( quoted above , LAW that , in the assessment of ORG , the deterioration in the security situation and the increase in human rights violations in GPE did not create a general risk to all NORP returning to GPE . The ORG further observed in § CARDINAL that both the assessment of the risk to ethnic NORP of certain profiles and the assessment of whether individual acts of harassment would cumulatively amount to a serious violation of human rights could only be made on an individual basis .", "Your statement to the effect that your client may risk having an explanatory problem upon her arrival at GPE as a consequence of the scars acquired by her in connection with military operations against the government forces does not lead to a revised assessment of the case . In this respect , ORG refers to ORG written observations of CARDINAL DATE stating that your client had not been detained or subjected to outrages or to other acts contrary to LAW before her departure as opposed to the applicant in ORG . v. GPE . Nor had your client been recorded by the authorities in connection with detention , or photographed , fingerprinted or anything else so that the authorities might be presumed to know of her , and therefore your client could not be considered to be at risk of being subjected to outrages or other acts contrary to LAW upon her arrival at FAC in the same way as the applicant in the above judgment .", "Nor does your statement about your client 's affiliation with the NORP until DATE and not , as originally stated , until DATE , when your client left the NORP because she contracted malaria , lead to a revised assessment of the case . It should be noted in that connection that the new information appeared at a very late stage of the asylum proceedings after your client had been refused asylum , having had several opportunities to provide this information without having done so . ORG still finds that there is no reasonable explanation for her changed statement .", "In that connection , ORG has also placed some emphasis on the fact that your client only applied for asylum in GPE DATE and DATE after her entry into GPE and only after her residence permit under the family reunification rules had been revoked and she therefore had to leave GPE .", "Concerning your statement about your client suspecting her former spouse or his family of having disclosed information to the Sri NORP authorities about her , it should be noted that ORG finds that it has not been rendered probable that the Sri NORP authorities have gained knowledge of your client 's statements to the NORP immigration authorities . In this respect , it should be noted that the information given by your client in connection with the asylum proceedings is comprised by the rules of LAW on the duty of confidentiality of public authorities .", "The fact that your client was married at a religious ceremony in GPE and has given birth to a daughter is not relevant under asylum law and thus does not lead to a revised assessment of the case either .", "Against this background , ORG fully relies on its decisions of CARDINAL DATE , DATE and DATE and DATE .", "No time - limit for departure is fixed as , on DATE , ORG suspended your client 's time - limit for departure for the time being . ”", "On DATE ORG decided to suspend the examination of asylum cases concerning NORP from northern GPE , including the applicant 's case .", "On DATE , on the basis of the most recent background information concerning GPE including , inter alia , a Memorandum of CARDINAL DATE prepared by ORG , ORG decided to review the suspended cases , including the applicant 's case .", "On DATE ORG refused to reopen the applicant 's case as it found that the most recent general background information would not lead to a revised assessment of the case . More specifically in its letter to the applicant 's representative it stated as follows :", "ORG observes that as her asylum motive your client has stated , inter alia , that , in case of return , she fears outrages committed by the NORP because she left without permission . She also fears the Sri NORP military forces . Due to the injuries incurred by her during military operations , she fears that the Sri NORP army will suspect her of being a member of the NORP . Moreover , your client fears that her former family - in - law , with whom she is on bad terms and who live in GPE and have good connections with the GPE military forces , have informed on her to the GPE authorities and that she will therefore be unable to enter the country without becoming an object of interest to the authorities . Her former spouse living in GPE has her ID card , and she fears that he will travel to GPE and do something that may harm her . Finally , your client has stated that , as a single woman without family or social network , she will be unable to manage in her country of origin .", "By decision of CARDINAL DATE ORG stated , inter alia , that your client had left GPE in possession of her own national passport without problems and that she had not , prior to her departure , been subjected to outrages or the like of a nature to warrant asylum . ORG found that the fact that your client was affiliated with the ORG as a child soldier when very young did not in itself warrant granting asylum . In that connection , ORG emphasised the length of the time passed and the fact that your client was deemed not to have made herself stand out in any way . Moreover , the ORG found that the general situation for single women in GPE could not justify granting a residence permit under section CARDINAL of LAW . The ORG observed that your client 's problems with her former spouse were of a private law nature and therefore recommended that she seek the protection of the authorities in case of conflicts . ORG finally found that it had not been rendered probable that your client would be unable to seek the protection of the authorities and that therefore the information on her former family - in - law could not lead to a revised assessment .", "ORG still finds that your client 's fear of the NORP and the Sri NORP authorities and the conflict with her former family - in - law do not warrant a residence permit under section CARDINAL of LAW .", "In that connection , ORG refers to your client 's statement during the asylum proceedings to the effect that she did not have any problems with the ORG at any time prior to her departure , including in connection with her leaving the NORP . On the contrary , she stated that the NORP accepted her leaving the organisation . ORG observes that DATE have passed since your client left the ORG , and therefore the ORG can not find as a fact that former ORG members would pursue her because she had left the country without permission from the NORP .", "Additionally , the GPE military forces defeated the NORP in DATE . Moreover , it appears from the background information available to ORG that it is hardly likely that former low - ranking members of the ORG or persons who have previously supported the ORG will risk reprisals from the NORP , see GPE , Operational Guidance Note , GPE , DATE .", "The possibility that as an ethnic NORP from northern GPE your client risks being questioned and investigated by the authorities upon entry into her country of origin does not lead to a revised assessment of the case under asylum law . The individuals at particular risk of being detained and investigated upon entry in GPE are young NORP , men in particular , from northern and eastern GPE ; those without ID ; those not resident or employed in GPE ; and those recently returned from the LOC , see GPE ORG to GPE , GPE DATE .", "Similarly , although your client risks being detained at the airport , ORG finds that this can not warrant asylum . In that connection , the ORG refers to your client 's statement during the asylum proceedings to the effect that she was an ordinary , rank - and - file member of the ORG and that she has not had any conflicts with the Sri NORP authorities at any time , or been registered in any way . She departed lawfully from GPE in possession of her own GPE national passport for the purpose of family reunification in GPE . Moreover , DATE have passed since your client carried out activities for the ORG . Against that background , ORG finds that it has not been rendered probable that the Sri Lankan authorities would take a special interest in your client upon return , regardless of her scars .", "In this connection , ORG refers to the fact that it appears from the background material available to ORG that , in general , individuals who have supported the ORG on a lower level are not of interest to the authorities . Thus , generally , only high - profile members of the NORP who are still active and wanted , or individuals wanted for serious criminal offences are of interest to the authorities , see GPE ORG , Operational Guidance Note , GPE , DATE , and ORG to GPE , GPE CARDINAL DATE .", "Your client has also stated that her former family - in - law has good connections with the Sri NORP army and that she has reason to believe that the family has informed on her to the Sri NORP authorities . ORG does not consider this information a fact . The information is thus not substantiated in detail , and your client has not given a more accurate account of which member of her former family - in - law is involved and when that member has allegedly spoken to the authorities about your client .", "Nor does ORG find that the fact that your client 's former spouse has taken your client 's ORG card from her , and that she will have to have her national passport renewed and might thereby attract attention to herself , can lead to any other assessment .", "As in the previous decisions in the case , ORG still finds that the general situation in GPE is not of such nature as to warrant in itself the grant of a residence permit under section CARDINAL of LAW .", "Thus , ORG fully relies on the decisions of CARDINAL DATE , DATE , DATE , DATE and DATE . Against that background , the ORG still finds that it has not been rendered probable that , in case of return to GPE , your client would be at concrete and individual risk of persecution as covered by section CARDINAL(CARDINAL ) of LAW , or that your client would be at a real risk of outrages as covered by section CARDINAL(CARDINAL ) of LAW .", "It should be noted that your client 's time - limit for departure is still suspended until further notice on the basis of the request of DATE from ORG .", "If your client 's lawful stay in GPE lapses , she must leave the country immediately , see section CARDINAL(CARDINAL ) and ( CARDINAL ) of LAW . As appears from the decision of ORG of DATE , your client may be forcibly returned to GPE if she does not leave voluntarily , see section GPE , cf . section CARDINAL , of LAW .", "By virtue of section CARDINAL of LAW ( GPE ) , asylum is granted to aliens who satisfy the conditions of LAW . Applications for asylum are determined in the first instance by the former ORG ( now called ORG ) and in the second instance by ORG .", "Pursuant to section CARDINAL , subsection CARDINAL of LAW , decisions by ORG are final , which means that there is no avenue for appeal against the ORG 's decisions . Aliens may , however , by virtue of LAW ( PERSON ) bring an appeal before the ordinary courts , which have authority to adjudge on any matter concerning the limits to the competence of a public authority .", "DATE 's country of origin or first country of asylum . For this purpose , ORG has a comprehensive collection of general background material on the situation in the countries from which GPE receives asylumseekers . The material is up - dated and supplemented on a continuous basis . The background material of ORG is obtained from various authorities , in particular ORG and ORG . In addition , background material is procured from various organisations , including ORG , ORG and other international human rights organisations and the ORG . Also included are the annual reports of ORG ) on the human rights situation in a large number of countries , reports from ORG , reports from the documentation centre of ORG , reports from ORG , reports from ORG ( ORG for Asylum Practitioners ) , reports from the authorities of other countries and to some extent articles from identifiable ( international ) journals . Moreover , the ORG may request ORG to issue an opinion on whether it can confirm information from a background memorandum drafted in general terms . ORG also retrieves some of its background material from the Internet . Internet access also enables the ORG to obtain more specific information in relation to special problems in individual cases .", "Usually , ORG assigns counsel to the applicant . Board hearings are oral and the applicant is allowed to make a statement and answer questions . The ORG decision will normally be served on the applicant immediately after the ORG hearing , and at the same time the Chairman will briefly explain the reason for the decision made .", "Extensive information about GPE can be found in ORG . v. the GPE , no . CARDINAL , § § DATE . The information set out below concerns events occurring after the delivery of the said judgment on CARDINAL DATE and , in particular , after the cessation of hostilities in DATE .", "Fighting between the GPE army and the ORG intensified in DATE , with the army taking a number of rebel strongholds in the north and east of the country . On DATE , in an address to the country 's parliament , the President of GPE announced the end of hostilities and the death of the leader of the LTTE , PERSON . It was also reported that most , if not all , of the NORP 's leadership had been killed .", "DATE , ORG for ORG had estimated that CARDINAL people had already reached internally displaced persons ' camps , including CARDINAL in DATE . In addition , it was believed that another CARDINAL people were on their way to the camps through the crossing point at GPE , in the northern district of PERSON .", "In DATE , ORG reported that the number of killings in GPE in DATE ( including deaths of civilians , security forces and members of the ORG ) was : CARDINAL in DATE ; CARDINAL in DATE ; CARDINAL in DATE and CARDINAL DATE and DATE . CARDINAL people were reported to have been killed in total over the course of DATE conflict .", "“ Notwithstanding the cessation of the hostilities , the current protection and humanitarian environment in GPE remains extremely challenging . In the GPE , nearly the entire population from the territory formerly held by the NORP in the LOC ( CARDINAL NORP ) has been confined to heavily militarized camps in the LOC region . Although the government has gradually reduced the military presence in the camps and has pledged to start the progressive return to their villages of origin of the majority of those in the camps , it is clear that this may take a considerable amount of time . The lack of freedom of movement remains the overriding concern for this population restricting its ability to reunite with family members outside the camps , access employment , attend regular schools , and ultimately choose their place of residence . ”", "A Human Rights Watch [ HRW ] press release , dated DATE , reported that :", "“ The government has effectively sealed off the detention camps from outside scrutiny . Human rights organizations , journalists , and other independent observers are not allowed inside , and humanitarian organizations with access have been forced to sign a statement that they will not disclose information about the conditions in the camps without government permission . On several occasions , the government expelled foreign journalists and aid workers who had collected and publicized information about camp conditions , or did not renew their visas . ”", "A further ORG press release dated DATE set out concerns that CARDINAL NORP civilians remained in detention camps without the freedom to leave .", "In DATE , the first post - war local elections were held in LOC . ORG reported that voter turn - out was low due to the number of people who were still displaced . The governing party , ORG , took the majority of seats in the biggest city in the region , GPE . However , ORG , a party sympathetic to the defeated ORG , took the majority of seats in PERSON , the other town where polling took place .", "On DATE , PERSON , the official spokesman for ORG in GPE was ordered to leave GPE because of adverse remarks that he had made to the media about the plight of NORP in the government - run camps .", "On DATE the Sri Lankan Official Government News Portal announced that the motion to extend ORG ( under which the authorities have extensive anti - terrorism powers and heightened levels of security including checkpoints and road blocks ) by DATE had been passed by ORG with a majority of CARDINAL votes .", "In a report dated DATE , GPE ORG published a report entitled “ Report to ORG on Incidents During the Recent Conflict in GPE ” , which compiled incidents from DATE , when the fighting intensified , until DATE . Without reaching any conclusions as to whether they had occurred or would constitute violations of international law , it set out extensive reports of enforced child soldiers , the killing of captives or combatants trying to surrender , enforced disappearances and severe humanitarian conditions during the hostilities .", "On DATE , ORG announced its decision that all internally displaced persons would be given freedom of movement and allowed to leave the detention camps from DATE .", "In its Global Appeal DATE , the ORG reported that :", "“ The Government - led military operations in northern GPE which ended in DATE displaced CARDINAL people , most of whom fled their homes in DATE of the fighting . The majority of these internally displaced persons ( IDPs ) now live in closed camps in Vavuniya district , as well as in camps in GPE , GPE and PERSON . CARDINAL IDPs , some of whom have been displaced since DATE , are also in need of durable solutions .", "The IDPs originate mainly from the NORP , PERSON , PERSON , GPE and GPE districts in northern GPE , as well as from some areas in the east of the country . Though the end of hostilities has paved the way for the voluntary return of displaced people , some key obstacles to return remain . For instance , many of the areas of return are riddled with mines and unexploded ordnance . Not all are considered to be of high risk , particularly those away from former frontlines , but mine - risk surveys and the demarcation of no - go areas are urgently needed .", "Other key obstacles to return include the need to re - establish administrative structures in areas formerly held by ORG ; the destruction or damaged condition of public infrastructure and private homes ; and the breakdown of the economy - including agriculture and fisheries .", "The Government of GPE is planning the return framework , and it has called on ORG for support with return transport , non - food items , return shelter , livelihoods support and assistance in building the capacity of local authorities .", "With some progress having been recently achieved , it is hoped that a substantial number of IDPs will be able to return to their places of origin in DATE , but a large portion of new IDPs are also likely to remain in the camps and with host families until well into DATE . ”", "In a Human Rights Report DATE , dated DATE , GPE State Department stated that ORG accepted assistance from NGOs and international actors for the ORG camps but management of the camps and control of assistance were under the military rather than civilian authorities . Food , water , and medical care were all insufficient in DATE after DATE war , but by DATE the situation had stabilised and observers reported that basic needs were being met . In DATE the military withdrew from inside the camps but continued to provide security around the barbed wire - enclosed perimeter . The IDPs in the largest camp , ORG , were not given freedom of movement until DATE , when a system of temporary exit passes was implemented for those who had not yet been returned to their districts of origin . Some observers said that this exit system still did not qualify as freedom of movement .", "Human Rights Watch , in their report , ORG DATE , estimated that DATE after the main fighting ended , the ORG continued to hold CARDINAL people ( CARDINAL of them women and girls ) in the camps . CARDINAL of these were children . The camps were severely overcrowded , many of them holding twice the number recommended by the ORG . As a result , access to basic requirements such as food , water , shelter , toilets and bathing , had been inadequate . These conditions imposed particular hardships on the elderly , children and pregnant women . The camps were under military administration , and effective monitoring by humanitarian agencies was lacking . The authorities failed to provide camp residents with sufficient information about the reason for their continued detention , the whereabouts of relatives , or the criteria and procedure for their return home .", "GPE on GPE of DATE ( “ the DATE ORG ” ) stated as follows :", "CARDINAL ORG ( ORG ) report GPE : A Bitter Peace , CARDINAL DATE , also referred to “ extra - legal detention centres ” maintained by the military and observed : “ These detained have had no access to lawyers , their families , ORG or any other protection agency , and it is unclear what is happening inside the centres . In addition , ' the grounds on which the ex - combatants have been identified and the legal basis on which they are detained are totally unclear and arbitrary ' . Given the well - established practice of torture , enforced disappearance and extra - judicial killing of ORG suspects under the current and previous NORP governments , there are grounds for grave concerns about the fate of the detained . The government has announced that of those alleged ex - combatants currently detained , CARDINAL will be put on the trial ; most will detained for a further period of ' rehabilitation ' and then released . ”", "...", "CARDINAL Referring to the “ CARDINAL people ” detained “ in so - called ' rehabilitation centers ” because of their alleged association with the ORG , the ORG [ document Legal Limbo , The Uncertain Fate of ORG in GPE , released on DATE , observed : “ The government has routinely violated the detainees ' fundamental human rights , including the right to be informed of specific reasons for arrest , the right to challenge the lawfulness of the detention before an independent judicial authority , and the right of access to legal counsel and family members . The authorities ' consistent failure to inform families of the basis for the detainees ' arrest and their whereabouts raises serious concerns that some detainees may have been victims of torture and ill - treatment , which are more likely to take place where due process of law is lacking and which have long been serious problems in GPE . Given the lack of information about some detainees , there is also a risk that some may have been ' disappeared ' . ”", "CARDINAL The ORG ' Eligibility Guidelines for Assessing the International Protection Needs of Asylum - Seekers from GPE , DATE reported that “ In the wake of the conflict , CARDINAL persons suspected of NORP links were arrested and detained in high - security camps ” adding that “ According to a ORG survey , as of DATE , CARDINAL ORG cadres were being held at CARDINAL centres . Among the detainees were CARDINAL males and CARDINAL females . ” and noted that “ Some of the adult detainees have ... been released after completing rehabilitation programmes or because they were no longer deemed to present a risk , including some persons with physical disabilities . ”", "The DATE ORG also set out :", "CARDINAL The ORG [ ORG ] , ORG , GPE , DATE reported : “ The ORG has warned that GPE faces losing trade advantages under LAW ( GSP - Plus ) scheme from DATE , unless the ORG commits itself in writing to improving its human rights record . The ORG has put forward CARDINAL conditions that it says the Government needs to promise to meet within DATE . These include : ensuring that the CARDINALth amendment to the constitution , which requires that appointments to public positions be impartial and reflect the country 's ethnic and religious mix , is enforced ; repealing parts of LAW that are incompatible with GPE covenants on political and human rights ; reforming the criminal code to allow suspects immediate access to a lawyer on arrest ; and allowing journalists to carry out their professional duties without harassment . However , the ORG has rebuffed the ORG , stressing that the issues that it has raised are internal political matters that should not be linked to trade . “ The ORG is not the only international body currently putting pressure on the government . GPE has also rejected the ORG 's appointment of a CARDINAL - member panel to examine possible human rights violations during the island 's civil war . The Sri Lankan authorities have warned that they will not provide visas for panel members to enter the country . ”", "...", "CARDINAL The ORG , ORG , GPE , DATE noted that : “ The decision by the ORG secretary - general , Ban PERSON [ on DATE ] , to appoint a panel to examine accountability issues stemming from the final stages of the island 's civil war , which ended in DATE , has prompted a strong reaction in GPE ...", "CARDINAL NORP On DATE ORG reported that “ Secretary - General Ban Kimoon has held his first meeting with the panel of experts set up to advise him on accountability issues relating to alleged violations of international humanitarian and human rights law during the final stages DATE of the conflict in GPE . ” The source also noted that the role of the experts was to examine “ the modalities , applicable international standards and comparative experience with regard to accountability processes , taking into account the nature and scope of any alleged violations in GPE . ”", "GPE on GPE of DATE ( “ the DATE ORG ” ) sets out a series of letters from ORG – hereafter “ LOC ” , GPE , on arrival procedures at GPE airport . In its letter of DATE , the ORG observed :", "“ [ T]he correct procedure for [ ORG and Emigration [ DIE ] ] officers is to record the arrival of these persons manually in a logbook held in the adjacent Chief Immigration Officer 's office . The name , date and time of arrival and arriving flight details are written into the log . It records why the person has come to their attention and how the case was disposed of . I have had the opportunity to look at the log , and it appears that the CARDINAL ways of disposal are to be passed to ORG [ ORG ] , or allowed to proceed .", "The office of ORG [ SIS ] is in the immigration arrivals hall and an officer from ORG usually patrols the arrivals area during each incoming flight . Invariably , if they notice a person being apprehended they approach IED [ ORG ] and take details in order to ascertain in [ sic ] the person may be of interest to them . Their office contains CARDINAL computer terminals , CARDINAL belonging to the airport containing flight information and CARDINAL stand - alone terminals . If an apprehended person is considered suitable to be passed to ORG , they are physically walked across the terminal building to the ORG offices . A ORG officer should then manually record the arrival of the person in a logbook held in their office ... often persons shown in the ORG logbook to have been handed to ORG are never actually recorded as being received in the ORG logbook . It is believed that ORG has allowed these persons to proceed and no action has been taken against them . ”", "The same letter also noted that ORG offices at the airport contained CARDINAL computers , which were not linked to any national database . Any checks on persons detained or apprehended were conducted over the phone with colleagues in central GPE . There were no fingerprint records at the airport . CARDINAL computer contained records of suspects who had been arrested and charged with offences , and court reference numbers . It continued as follows :", "“ Were a Sri NORP national to arrive at FAC having been removed or deported from GPE , they would be in possession of either a valid national NORP passport , or an emergency travel document / temporary passport , issued by ORG in GPE . The holder of a valid passport would have the document endorsed by the immigration officer on arrival and handed back to him / her . A national passport contains the national ORG card number on the laminated details page . I have made enquiries with the DIE at FAC , and with ORG who meet certain returnees at the airport , and both have confirmed that a person travelling on an emergency travel document is dealt with similarly . They too have the document endorsed by the immigration officer on arrival and returned to them . Before issuing an emergency travel document , ORG in GPE will have details of an applicant confirmed against records held in GPE and will thus satisfactorily confirm the holder 's nationality and identity . If a returnee subsequently wishes to obtain a national identity card , they have to follow the normal procedures . ”", "In a letter dated DATE , the ORG reported that an official had spent TIME observing the return of failed asylum seekers from GPE , including those who were in possession of emergency travel documents , issued by ORG in GPE . In the official 's opinion , the fact that certain returnees had been issued with emergency travel documents by ORG in GPE did not seem to make any difference to their treatment upon arrival .", "The Report of Information Gathering Visit to GPE on DATE , conducted jointly by ORG and ORG ( “ the Report of Information Gathering Visit , DATE ” ) , concluded that all enforced returns ( of whatever ethnicity ) were referred to the ORG at the airport for nationality and criminal record checks , which could take TIME . All enforced returns were wet - fingerprinted . Depending on the case , the individual could also be referred to the ORG and/or ORG for questioning . Anyone who was wanted for an offence would be arrested .", "NORP The report set out that those with a criminal record or ORG connections would face additional questioning and might be detained . In general , non - government and international sources agreed that NORP from the north and east of the country were likely to receive greater scrutiny than others , and that the presence of the factors below would increase the risk that an individual could encounter difficulties with the authorities , including possible detention :", "- Outstanding arrest warrant", "- Criminal record", "- Connection with the LTTE", "- Bail jumping / escape from custody", "- Illegal departure from GPE", "- Scarring", "- Involvement with media or NGOs", "- Lack of an ORG card or other documentation", "GPE on GPE of DATE set out the following :", "CARDINAL The ORG letter of CARDINAL DATE went on to observe that : “ At DATE , partly due to the large numbers of NORP being returned from around the world and causing logistical problems , ORG procedures were relaxed in that they no longer had to detain returnees until written confirmation was received from the local police . All returnees are still interviewed , photographed and wet fingerprinted . The main objective of these interviews is to establish if the returnee has a criminal record , or if they are wanted or suspected of committing any criminal offences by the police . The photographs are stored on a standalone computer in the ORG office at the airport . The fingerprints remain amongst paper records also in the ORG office at the airport . Checks are initiated with local police , but returnees are released to a friend or relative , whom ORG refers to as a surety . This surety must provide evidence of who they are , and must sign for the returnee . They are not required to lodge any money with ORG . “ The main ORG offices at FAC , which are housed on the ground floor adjacent to the ORG embarkation control , are currently undergoing a complete refurbishment funded by the NORP government . The CARDINAL completed office suite has CARDINAL purpose built interview rooms , and facilities where returnees can relax and eat meals . ”", "...", "CARDINAL A NORP High Commission letter of DATE reported : “ There is strong anecdotal evidence that scarring has been used in the past to identify suspects . Previous conversations with the police and in the media , the authorities have openly referred to physical examinations being used to identify whether suspects have undergone military style training . More recent claims from contacts in government ministries suggest that this practice has either ceased or is used less frequently . At the very least it appears that the security forces only conduct these when there is another reason to suspect an individual , and are not looking for particular scars as such , but anything that may indicate the suspect has been involved in fighting and/or military training . There is no recent evidence to suggest that these examinations are routinely carried out on immigration returnees . ”", "On DATE , Tamilnet reported that CARDINAL NORP youths were taken into custody by ORG of the Sri Lanka Police at FAC in CARDINAL separate incidents whilst trying to leave GPE . It was also reported that since DATE , special teams of ORG and police had been deployed in the airport to monitor the movement of NORP who try to go abroad .", "The Report of Information Gathering Visit , DATE , stated that the frequency of cordon and search operations had not reduced significantly in DATE , though there were fewer large - scale operations than in DATE . In general , young male NORP originating from the north and east of the country were most at risk of being detained following cordon and search operations , with the presence of the risk factors set out above increasing that risk . Those without employment or legitimate purpose for being in GPE were also likely to be seen as suspect . The same report also noted that most sources agreed that there had been few , if any , abductions or disappearances since DATE . There was not a great deal of available information about the profile of NORP targeted for abduction , although it appeared that people linked to the media might be more vulnerable . Police did not generally carry out effective investigations . It went on to note that most sources agreed that there had not been any significant reduction in the number of checkpoints in GPE , whose stated purpose remained to detect and prevent terrorist activity . In general those most likely to be questioned were young NORP from the north and east ; those without ID ; those not resident or employed in GPE ; and those recently returned from the West . However , most sources said that arrests at checkpoints were rare and none had been reported since DATE . It was reportedly fairly likely that someone would be stopped at a checkpoint en route from the airport to GPE . Finally , it clarified that people who wished to live in GPE but did not originate from there must register with the local police station with a national ID card or full passport , and details of planned length and purpose of stay . In theory , whilst anyone was entitled to register to stay in GPE , some sources suggested that young NORP men originally from the north or east of the country could encounter difficulties and face closer scrutiny . The presence of any of the risk factors set out above would also attract greater attention from the police .", "“ The significant majority of reported cases of human rights violations in GPE involve persons of NORP ethnicity who originate from the LOC and LOC ... In Government - controlled areas , NORP who originate from the LOC and the LOC , which are , or have been under ORG control , are frequently suspected as being associated with the NORP . For this reason , NORP from the LOC and the LOC are at heightened risk of human rights violations related to the implementation of anti - terrorism and anti - insurgency measures . While this risk exists in all parts of GPE , it is greatest in areas in which the ORG remains active , and where security measures are heaviest , in particular the LOC and parts of the LOC , and in and around GPE . ”", "“ The country of origin information that ORG has considered indicates that NORP from LOC continue to face a significant risk of suffering serious human rights violations in the region ( and elsewhere in the country ) because of their race ( ethnicity ) or ( imputed ) political opinion . NORP in the LOC are still heavily targeted in the security and anti - terrorism measures described in LAW . Wide scale detention and confinement of NORP from the LOC remains a serious concern . ORG paramilitary elements also continue to operate with impunity against NORP in the LOC . ”", "ORG from GPE of DATE , which superseded the DATE Guidelines contained information on the particular profiles for which international protection needs may arise in the current context . It was stated that :", "“ given the cessation of hostilities , NORP originating from the north of the country are no longer in need of international protection under broader refugee criteria or complementary forms of protection solely on the basis of risk of indiscriminate harm . In light of the improved human rights and security situation in GPE , there is no longer a need for group - based protection mechanisms or for a presumption of eligibility for NORP of NORP ethnicity originating from the north of the country . It is important to bear in mind that the situation is still evolving , which has made the drafting of these LAW particularly complex . ”", "In summary , the following were ORG 's recommendations : all claims by asylum seekers from GPE", "( i ) persons suspected of having links with ORG ( NORP ) ;", "( ii ) journalists and other media professionals ;", "( iii ) civil society and human rights activists ;", "( iv ) women and children with certain profiles ; and", "( v ) lesbian , gay , bisexual and transgender ( ORG ) individuals .", "It was also stated that in the light of GPE DATE internal armed conflict , and a record of serious human rights violations and transgressions of international humanitarian law , exclusion considerations under LAW may arise in relation to individual asylum seeker claims by GPE asylum seekers .", "The ORG reported in DATE that the NORP police force had opened CARDINAL special units in GPE suburbs able to take statements in GPE , with plans for more . Previously , GPE - speaking NORP had to rely on a friend to translate their complaints into NORP ." ]

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[ "The applicant was born in DATE and lives in GPE , GPE .", "On DATE the applicant was arrested by the GPE police and brought to their station concerning an alleged burglary . In their report the police stated that the applicant , together with a number of others , had been caught after the act and that several objects used for the commission of the alleged crime had been seized . The applicant gave a statement to the officers . According to the minutes of his interrogation , the applicant confessed to CARDINAL count of attempted burglary , and then signed the document using his nickname , notwithstanding a prior reference in TIME noting that he was “ illiterate ” . The TIME further stated that , pursuant to LAW ( see paragraph CARDINAL below ) , the applicant had read them , at his own request , and had had no objections .", "On DATE , at around TIME according to his own estimate , the GPE police again brought the applicant , together with several others , to their LOC in order to question him about a criminal offence . There was no prior attempt to serve him with the summons . The Government maintained that the reason for this had been the danger that the applicant might otherwise have absconded or tampered with the evidence .", "The applicant maintained that his lawyer , ORG , had been informed of this arrest by his relatives and had hence managed to arrive in time to briefly talk to him before the interrogation . The applicant apparently told PERSON that he had already been physically abused by the police , who had attempted to obtain his confession . V.J.Đ. himself stated that the applicant had seemed “ mentally broken ” and had been walking with a limp .", "The subsequent police interrogation began at TIME and ended by TIME , at which point the applicant was released . ORG ( PERSON javni tužilac ) had been informed of the hearing at TIME , but did not attend it . In the course of the interrogation the applicant was asked to give a statement concerning “ a burglary of a store in LOC ” . The applicant , however , declined to do so and noted that he had retained V.J.Đ. as his legal counsel . TIME of the interrogation further stated that the applicant was “ illiterate ” , and bore his fingerprint instead of a signature . With reference to LAW , the minutes , lastly , noted that the applicant had read them , at his own request , and had had no objections . The minutes were also signed by V.J.Đ.", "The applicant maintained that he had been provided with no food whilst in police custody .", "On DATE , at around TIME according to the applicant ’s own estimate , he was brought , yet again , by the GPE police to their LOC , without having been previously summoned . The Government maintained that , just like before , the reason for this had been the danger that the applicant might otherwise have absconded or tampered with the evidence .", "NORP The applicant claimed that he had once again been beaten by the officers who had attempted to obtain his confession . The applicant apparently asked that V.J.Đ. be informed of his arrest , but the police ignored this demand . Instead , the applicant was provided with a legal aid lawyer , GPE , who , it is claimed , appeared only briefly to sign the minutes of the interrogation and left shortly thereafter .", "The minutes in question contained : ( i ) an indication that the applicant was being charged with numerous counts of burglary ; ( ii ) his detailed confession of how he had committed those offences ; ( iii ) his statement to the effect that he did not want to retain ORG as his legal counsel ; and ( iv ) his declaration that he had given his statement in the absence of “ any physical or mental coercion ” .", "The minutes further noted the questions posed by GPE , including whether the applicant was trying to protect anyone with his confession . ORG had been informed of the hearing on DATE at TIME , but did not attend it . Finally , the TIME stated that the applicant was “ illiterate ” , but then went on to note , with reference to LAW , that he had read them , at his own request , and had had no objections . The applicant did not sign the minutes , having instead left his fingerprint . The interrogation lasted TIME and TIME , following which the applicant was released .", "The applicant maintained that he had been provided with no food whilst in the police station .", "On DATE , at around TIME according to his own estimate or at TIME according to official records , the police arrested the applicant once more , but , this time , ordered his detention for a period of TIME . The applicant received no prior summons . He was , however , provided with a detention order , which stated that he had been deprived of his liberty on suspicion of having committed numerous burglaries . The order relied on a number of provisions of LAW ( see paragraph CARDINAL below ) , but did not contain any substantiation as to the factual circumstances warranting the applicant ’s detention or his prosecution .", "On DATE the police issued a report supplementing the criminal charges against the applicant , as well as another CARDINAL defendants , concerning CARDINAL separate counts of burglary . The report included , inter alia , a description of the crimes and referred to the evidence obtained .", "On DATE lodged an appeal on behalf of the applicant . Therein , inter alia , he maintained that the impugned detention order had been merely a template devoid of any meaningful reasoning . V.J.Đ. further informed the investigating judge that , following her son ’s detention , the applicant ’s mother had been contacted by a lawyer who had offered his services . In particular , the lawyer had said that he knew that the applicant had already retained V.J.Đ. but explained that it would be better for him to change legal counsel as this would facilitate his release from police custody .", "On DATE the investigating judge of ORG ( PERSON ) in GPE rejected the above appeal . She recalled , inter alia , that on DATE the applicant had been heard in the presence of his legal aid lawyer , that the prosecuting authorities had obtained several witness statements incriminating the applicant , and that the applicant had both been convicted of crimes in the past and had “ continued committing crimes ” thereafter . The judge lastly specified that there were CARDINAL separate criminal cases pending concurrently against the applicant before ORG in GPE , indicating that he had “ committed ” several property - related crimes in a short period of time . This , in turn , meant that , if released , the applicant was likely to re - offend and/or abscond .", "Lastly , on DATE the applicant was examined by the on - duty doctor of FAC ( GPE zatvor ) in GPE , but “ no disease was established , i.e. he was [ deemed ] healthy ” . The Government provided a certificate to this effect issued by the prison doctor on DATE , as well as copies of the relevant medical protocol dated DATE . The said protocol , however , was mostly illegible .", "On DATE ORG in GPE requested that a preliminary judicial investigation ( istraga ) be instituted against the applicant in respect of numerous counts of burglary , and proposed that his detention be extended .", "On DATE the investigating judge instituted the proceedings sought and extended the applicant ’s detention for DATE . Before so doing , she invited the applicant to give a statement in the presence of ORG and ORG and informed him about the evidence put forth by the prosecution . The applicant , however , refused to respond to the charges in question . He referred , instead , to the abuse suffered at the hands of the police , as well as the alleged breach of his procedural rights up to that point . In the reasoning as regards the applicant ’s continued detention , inter alia , the judge stated that the applicant could , if released , re - offend , abscond or unduly influence the witnesses .", "On DATE the applicant ’s continued detention was confirmed by the CARDINAL - judge panel of ORG , which fully accepted the reasoning of the investigating judge .", "On DATE ORG CARDINAL - judge panel confirmed the investigating judge ’s decision to institute a preliminary judicial investigation .", "In DATE the investigating judge heard many witnesses , including witnesses GPE and GPE On DATE the former stated that his head had been slammed against the wall by the police in order to elicit his statement , whilst the latter recounted that he too had been threatened by the police with a baseball bat and for the same purpose .", "On DATE ORG indicted ( optužilo ) the applicant for the crimes in question .", "On DATE V.J.Đ. filed a formal objection against the indictment ( podneo prigovor protiv optužnice ) , but on DATE the CARDINAL - judge panel of ORG rejected this objection .", "On DATE V.J.Đ. informed ORG that the applicant had recently been photographed by the police in prison . He requested clarification as to what had been the legal basis for this exercise , and expressed concern that the photograph could be used to unlawfully secure his client ’s identification in the course of future identity parades . The Government submitted that the applicant had been photographed only once , on DATE , upon admission to the prison , and , further , that this photograph had been used solely for the purpose of supplementing his prison identity papers ( lični list ) .", "On DATE PERSON wrote again to ORG , stating that on DATE , CARDINAL DATE and DATE he had visited the applicant in prison , and that each time prison staff had been present during their conversations . Indeed , they had been close enough to be able to both hear and see everything . V.J.Đ. requested an explanation as to why the applicant had not been entitled to unsupervised communication with his counsel . As it subsequently transpired , on DATE ORG had issued a standing permit ( stalna dozvola ) to ORG , authorising him to visit the applicant in prison . The said permit stated that visits could last up to CARDINAL minutes and take place under the supervision , i.e. in the presence , of an official to be designated by the prison governor . The ORG maintained that the supervision in question meant visual observation only , not listening to the conversations between the applicant and his lawyer .", "DATE and DATE CARDINAL hearings were held or adjourned before ORG .", "In the presence of ORG , the applicant described the abuse which he had suffered whilst in police custody , and gave a physical description of the officer who had engaged in his ill - treatment on DATE . The applicant added that on DATE he had sustained injuries to his legs and back , and had also been temporarily unable to hear on his left ear . Upon release the applicant went to a local hospital but was denied treatment because he had forgotten to bring his medical insurance card . When the applicant returned with this card , however , the hospital staff told him “ to come back DATE ” . On DATE , having been beaten by the officers once again , the applicant asked for V.J.Đ. to be informed of his arrest , but officer PERSON refused to do so . Officer PERSON was also present . The applicant explained that he had , ultimately , been coerced into signing a statement already prepared by the police without his participation . At CARDINAL point , GPE , his police - appointed lawyer , appeared in the interrogation room merely in order to stamp and sign the same statement . As regards the charges against him , the applicant specifically denied some of them whilst in respect of others he refused to answer questions .", "Officer PERSON stated that TIME and DATE were accurate , that he had not personally seen the applicant being abused or even heard anything to that effect . The officer also had no recollection as to whether the applicant had been duly summoned to appear before the police , but recalled that the applicant had constantly moved around , which was why he had been difficult to find .", "Officer PERSON noted that he had not taken part in the interrogation of CARDINAL DATE , and had only a vague recollection of the interrogation which had taken place DATE . In particular , he remembered that the applicant had said that he did not want to retain V.J.Đ. as his counsel since the latter had always advised him to give no statements to the police and he had already had enough of the repeated arrests and interrogations . PERSON had no information to offer as to whether the applicant had been duly summoned to appear before the police , but recalled that the applicant ’s police - appointed lawyer had been present throughout the interrogation . Finally , PERSON affirmed that the applicant ’s statement was accurately recorded in TIME of his interrogation , and added that he had personally informed the applicant of their content before he signed them .", "CARDINAL witnesses were subsequently heard before ORG , some of whom confirmed that they had “ bought merchandise ” from the applicant . Witness PERSON further stated , inter alia , that in DATE he had seen several persons fleeing a crime scene in a red car .", "Witness PERSON , however , stated that the police had beaten him with a baseball bat in order to force him to confess to a number of crimes , as well as to incriminate the applicant . In support of this allegation he provided ORG with a copy of a medical certificate documenting his injuries of CARDINAL DATE .", "NORP Witness GPE stated that he had accompanied the applicant from the police station to the hospital , on which occasion he had seen that the applicant had been injured and had been “ walking with a limp ” ( see paragraphs CARDINAL and DATE above ) .", "Witness GPE stated that he had been invited by the police to act as the applicant ’s legal aid lawyer on DATE . Prior to the interrogation , he had had a conversation with the applicant who had informed him that he had already retained legal counsel . The applicant was nevertheless willing to accept GPE as his lawyer on that occasion only and in order to be released ( da idem odavde ) . The applicant then confessed , in some detail , to the crimes in question . N.D. admitted that he had not inspected the case - file since the applicant had refused to communicate with him as regards the substance of the charges at issue , re - affirming that he had already retained a lawyer for this purpose . GPE added that the applicant had had no visible injuries at that time , and that he had warned the applicant that the confession given to the police would be used as evidence against him . Officer PERSON interrogated the applicant . He did so by posing questions concerning specific places , burglaries and stores . GPE lastly noted that he had not seen in DATE of practice a confession such as the applicant ’s , and had therefore asked the applicant whether he was “ protecting anyone ” . The applicant had maintained that he was not .", "Witness PERSON denied any connection to the applicant , but stated that he too had been physically abused by the police on a number of occasions . PERSON also provided a medical certificate in this regard .", "On DATE ORG decided to exclude the applicant ’s statement of CARDINAL DATE from the case file . It explained , inter alia , that there was indeed evidence to the effect that the applicant had been repeatedly arrested without having first been properly summoned which , in and of itself , indicated a sort of police harassment aimed at obtaining his confession . Further , there was no doubt that the applicant had chosen V.J.Đ. as his legal counsel and had never revoked this authorisation . The police , nevertheless , questioned the applicant in his chosen counsel ’s absence , and appointed a legal aid lawyer for no apparent reason .", "On DATE ORG ( Okružni sud ) in GPE quashed this decision and declared the applicant ’s statement of DATE legally valid . It noted that , as indicated in TIME , the applicant had specifically said that he did not want PERSON to act as his legal counsel . The issue of whether the applicant was duly summoned was irrelevant , and the conditions for the appointment of a legal aid lawyer were clearly fulfilled . The applicant was also properly advised of his procedural rights .", "On DATE officer PERSON stated that on DATE he had indentified a red car , which had apparently been seen leaving the crime scene , and had arrested the CARDINAL persons whom he and his colleague had found in or around it . These persons were subsequently taken by other officers to the police station .", "On DATE ORG heard the parties’ closing arguments , found the applicant guilty of having , effectively , committed CARDINAL burglaries , i.e. QUANTITY DATE and DATE and CARDINAL on DATE , and sentenced him to CARDINAL half years’ imprisonment for a single crime of “ extended burglary ” ( jedno produženo krivično delo teške krađe ) . ORG further observed that there were CARDINAL separate criminal cases pending concurrently against the applicant and considered this as an aggravating circumstance in sentencing . The applicant ’s detention was prolonged until the judgment in his case became final . ORG also noted that , in the meantime , it had already reviewed and extended the applicant ’s detention on DATE , CARDINAL DATE , DATE and DATE , and that each time its decisions had been confirmed by ORG on appeal . As regards the applicant ’s conviction concerning the burglaries committed DATE and DATE , ORG took note of the applicant ’s confession of CARDINAL DATE , recalled that he had been found in possession of stolen property , and emphasised that several witnesses had confirmed that they had bought such property from the applicant . Concerning the burglary of CARDINAL DATE ORG relied on the applicant ’s confession of the same date and the statements given by witnesses ORG and ORG Testimony indicating that certain witnesses had been ill - treated by the police in order to incriminate the applicant was either dismissed as irrelevant or simply ignored .", "On CARDINAL DATE ORG lodged an appeal , seeking a harsher sentence .", "On DATE and DATE V.J.Đ. filed an appeal on behalf of the applicant , noting , inter alia , that : ( i ) his statement of CARDINAL DATE had been obtained as a result of police brutality and in the absence of his chosen counsel , there being no other evidence which could have warranted a conviction ; ( ii ) the police - appointed lawyer had never offered any genuine legal representation to the applicant and had instead been there to assist the police in their interrogation ; ( iii ) the applicant ’s complaints of ill - treatment had simply been ignored by ORG ; ( iv ) the prison staff had not allowed the applicant free communication with his chosen counsel ; ( v ) the CARDINAL separate criminal proceedings which had been pending concurrently against the applicant could not lawfully have been taken into account as an aggravating circumstance , but that since they were this amounted to an implied breach of the applicant ’s right to be presumed innocent .", "On DATE ORG rejected the appeals lodged by the parties .", "On DATE V.J.Đ. filed an appeal on points of law ( zahtev za vanredno ispitivanje zakonitosti pravosnažne presude ) on behalf of the applicant , re - stating his submissions made earlier .", "On DATE , however , ORG ( PERSON ) rejected this appeal .", "On DATE , having served his sentence imposed by ORG , the applicant was released from LOC in GPE .", "DATE PERSON reads as follows :", "“ ( CARDINAL ) Whoever acting in an official capacity uses force or threats or other inadmissible means ... with intent to extort a confession or another statement from an accused , a witness , an expert witness or another person , shall be punished with imprisonment of from DATE .", "( CARDINAL ) If the extortion of a confession or a statement is aggravated by extreme violence or if the extortion of a statement results in particularly serious consequences for the accused in the criminal proceedings , the offender shall be punished by a minimum of CARDINAL years’ imprisonment . ”", "Article CARDINAL provides , inter alia , that all ORG bodies and agencies shall respect the right of all persons to be presumed innocent unless and until their guilt has been established by a final court decision .", "Article CARDINAL § CARDINAL provides , inter alia , that a suspect , when first questioned , shall be informed of the charges and evidence against him .", "Article CARDINAL prohibits , inter alia , any and all violence aimed at extorting a confession or a statement from the suspect and/or the accused , or indeed any other person involved in the proceedings .", "Articles CARDINAL § CARDINAL and CARDINAL provide that a court decision may not be based on evidence obtained in breach of domestic legislation , or in violation of ratified international treaties , and that any such evidence must be excluded from the case file .", "Articles DATE , DATE , DATE and CARDINAL , read in conjunction , provide , inter alia , that formal criminal proceedings ( krivični postupak ) may be instituted at the request of an authorised prosecutor . In respect of crimes subject to prosecution ex officio , such as the CARDINAL at issue in the present case , the authorised prosecutor is ORG personally . The latter ’s authority to decide whether to press charges , however , is bound by the principle of legality which requires that he must act whenever there is a reasonable suspicion that a crime subject to prosecution ex officio has been committed . It makes no difference whether ORG has learnt of the incident from a criminal complaint filed by the victim or another person , or indeed even if he has only heard rumours to that effect .", "Article CARDINAL provides , inter alia , that a criminal complaint may be filed in writing or orally with the competent ORG , as well as that a court of law , should it receive a complaint of this sort , shall immediately forward it to the competent ORG .", "Article CARDINAL provides that should ORG decide that there is no basis to press charges , he must inform the victim of this decision , who shall then have the right to take over the prosecution of the case on his own behalf , in the capacity of a “ subsidiary prosecutor ” .", "Articles CARDINAL § CARDINAL , CARDINAL , CARDINAL § CARDINAL , CARDINAL and CARDINAL , taken together , provide , inter alia , that a suspect may be arrested by the police , without an attempt to be summoned first , if : ( i ) he is in hiding or there is a danger of him absconding ; ( ii ) there are circumstances indicating that he may tamper with evidence or influence witnesses and/or other participants in the criminal proceedings ; and ( iii ) there are grounds to believe that he may re - offend . The suspect must , however , then either be brought before an investigating judge , within , in principle , a maximum of TIME , or be formally detained by the police , which detention can not exceed TIME . In the latter case , the suspect must be served with the provisional detention order within TIME as of his arrest and may lodge an appeal against it with the investigating judge who shall have to decide upon it within TIME . Should the appeal be rejected and after TIME have expired , the suspect shall either be released or brought to the investigating judge for questioning . The investigating judge shall have the power to order the suspect ’s detention for DATE .", "Articles CARDINAL § CARDINAL , CARDINAL , CARDINAL , CARDINAL § § CARDINAL and CARDINAL , CARDINAL § CARDINAL and CARDINAL § CARDINAL , read in conjunction , provide , inter alia , that a person arrested by the police shall have the right to remain silent , as well as the right to be heard in the presence of his chosen counsel , or , in the absence thereof and depending on the seriousness of the charges , be provided with a legal aid attorney paid for by the ORG . If the arrested person ’s interrogation has been carried out in accordance with the law , his statement given on this occasion may be used as evidence in the subsequent criminal proceedings .", "Articles CARDINAL § CARDINAL , CARDINAL § CARDINAL and CARDINAL § CARDINAL , taken together , further provide that , inter alia , the person arrested by the police shall have the right to contact his lawyer , directly or through family members , including by means of a telephone .", "Article QUANTITY provides , inter alia , that a person arrested by the police shall be entitled to read TIME of his interrogation before he signs them , or have TIME read to him . Should the person in question be illiterate , he shall be allowed to use his right hand index fingerprint instead of a signature .", "Article CARDINAL § CARDINAL provides , inter alia , that the suspect shall be entitled to request that his medical examination be ordered by the investigating judge . The investigating judge ’s decision to this effect , as well as the medical doctor ’s subsequent opinion , shall be included in the case file .", "Article QUANTITY and CARDINAL provides that a defendant , whilst in detention , shall have the right to confidential communication with his legal counsel . This communication may be supervised only during the pre - indictment stage of the proceedings , and even then only by means of visual , not audio , monitoring .", "Article CARDINAL provides that the costs of criminal proceedings shall include , inter alia , the defence counsel ’s fees , whilst Article CARDINAL § CARDINAL states that should the court find the defendant guilty it shall order him to reimburse all costs .", "Article CARDINAL § CARDINAL provides that general complaints ( pritužbe ) concerning the conduct of police operations may be filed with the competent ORG .", "LAW ) provides , inter alia , that a person who due to an unlawful action undertaken by a State body or an error on its part has been deprived of his liberty in the absence of proper legal basis ( neosnovano ) shall be entitled to recover any damages suffered .", "In accordance with LAW , as amended in DATE , the re - opening of a criminal trial may be sought where ORG or an international court has found that the convicted person ’s rights have been breached in the trial .", "Articles CARDINAL , CARDINAL and CARDINAL of LAW , taken together , provide , inter alia , that anyone who has suffered fear , physical pain or mental anguish as a consequence of a breach of his reputation , personal integrity , liberty or of his other personal rights ( prava ličnosti ) shall be entitled to seek injunctive relief , sue for financial compensation and request other forms of redress “ which might be capable ” of affording adequate non - pecuniary satisfaction ( see , for instance , judgment no . CARDINAL/CARDINAL adopted by ORG in GPE on DATE , which has , in its relevant part , been upheld by ORG on DATE , awarding compensation for , inter alia , an implied breach of the presumption of innocence under LAW ; see also judgment no . CARDINAL rendered by ORG in GPE on DATE , which was ultimately confirmed by ORG on DATE , ordering the cessation of discriminatory treatment and the publication of an apology under LAW and CARDINAL ) .", "DATE . Article CARDINAL § CARDINAL provides that a legal entity ( pravno lice ) , which includes the ORG , shall be liable for any damage caused by CARDINAL of “ its bodies ” to a “ third person ” . This provision includes ORG liability for any judicial or police misconduct and/or malfeasance ( see , for example , the judgments of ORG of DATE , Rev. PERSON , and DATE , GPE no . CARDINAL/CARDINAL ) .", "The Government provided the ORG with case - law indicating that a plaintiff complaining about the lawfulness of his detention , as well as the related issues concerning his private life , including the unlawful taking of photographs , had been able to obtain redress before the domestic courts . Specifically , on DATE ORG in GPE , inter alia , applied LAW , recognised the alleged breaches of ORG and CARDINAL of the LAW , and ordered the respondent ORG to pay the plaintiff a specified amount of compensation ( ORG . CARDINAL ) . On DATE ORG in Novi Sad upheld this judgment and increased the compensation awarded ( Gž . br . CARDINAL/CARDINAL ) .", "The relevant sections of this report read as follows :", "“ CARDINAL . The ORG ’s delegation heard numerous allegations of deliberate physical ill - treatment of persons deprived of their liberty by the police throughout GPE . Some of the allegations concerned ill - treatment at the time of or immediately following apprehension , whereas others related to ill - treatment during police questioning and , more particularly , during interrogation by officers of the criminal police . Many detainees interviewed by the delegation alleged that they had been slapped , punched , kicked or beaten with batons during police custody . A number of allegations received included recent accounts of beatings on the palms of the hands or soles of the feet , the placing of a plastic bag over the detainee ’s head to cause temporary asphyxiation , or the infliction of electric shocks on different parts of the body . The ill - treatment alleged was in several cases of such a severity that it could well be considered to amount to torture .", "... Further , in almost all of the police stations visited in GPE , the delegation found baseball bats and similar non - standard and unlabelled objects in offices used for interrogation purposes .", "The information at the ORG ’s disposal suggests that persons suspected of a criminal offence run a significant risk of being ill - treated by the police in GPE at the time of their apprehension and during TIME in police custody . The number and severity of allegations of police ill - treatment received calls for urgent action by the national authorities ...", "As regards fundamental safeguards against ill - treatment of persons deprived of their liberty by the police ( e.g. the right to have the fact of one ’s detention notified to a close relative or third party ; the rights of access to a lawyer and a doctor ) , at present their practical implementation leaves a lot to be desired ; the ORG has made detailed recommendations in this area ... ”", "The relevant sections of this report read as follows :", "“ CARDINAL . The number of allegations of ill - treatment by the police heard by the ORG ’s delegation in the course of the DATE visit was lower , and the ill - treatment alleged less severe , than during the ORG ’s first periodic visit in DATE .", "That said , the delegation did receive a number of allegations of physical ill - treatment ( consisting of punches , kicks , truncheon blows , blows with a thick book or with a wet rolled newspaper , and handcuffing to fixed objects in a hyper - extended position ) during questioning by criminal police officers , in order to obtain confessions or other information . It would appear that juveniles suspected of serious criminal offences are particularly exposed to physical violence . Further , the delegation received some accounts of verbal abuse and threats during questioning ...", "Most of the allegations of ill - treatment related to periods some time before the delegation ’s visit ; consequently , any injuries which might have been caused by the ill - treatment alleged would almost certainly have healed in the meantime ...", "It should also be noted that , in several police stations visited ( e.g. in PERSON , PERSON , PERSON , ORG na GPE , GPE and GPE ) , the delegation again found – in offices used for police interviews – various non - standard issue items ( such as baseball bats , iron rods , wooden sticks , thick metal cables , etc ) . The ORG reiterates its recommendation that any non - standard issue objects be immediately removed from all police premises where persons may be held or questioned . Any such items seized during criminal investigations should be entered in a separate register , properly labelled ( identifying the case to which they refer ) and kept in a dedicated store .", "...", "As stressed by the ORG in the report on its first visit to GPE , it is axiomatic that judges must take appropriate action when there are indications that ill - treatment by the police may have occurred . In this connection , it should be noted that some persons interviewed during the DATE visit alleged that the investigating judges before whom they had been brought with a view to being remanded in custody ignored their complaints of police misconduct ... ”" ]

[ "3", "6" ]

[ "6-1", "6-2" ]

[]

[]

[]

[]

[ "The applicant was born in DATE and lives in GPE .", "On DATE , the applicant was arrested , interviewed and charged with rape , false imprisonment and indecent assault . It was alleged that over DATE in DATE , the applicant had raped a woman in her flat , imprisoned her in his car and then indecently assaulted her in his flat . DATE , the complainant gave birth to a baby boy and DATE after that , in DATE , she made her first complaint to the police .", "On DATE , the applicant 's case was sent for trial at ORG pursuant to section CARDINAL of LAW DATE .", "On DATE , the applicant made an application for bail . As he had served DATE imprisonment in respect of a previous conviction for rape and an offence of violence in DATE , under LAW of ORG and LAW DATE as amended ( “ the DATE LAW ) bail could only be granted if the judge was satisfied that there were “ exceptional circumstances ” which justified the grant of bail . The judge was not so satisfied and bail was refused .", "On DATE , the applicant pleaded not guilty to all charges and a trial date was fixed for DATE . A further bail application was refused .", "On DATE , the applicant dispensed with the services of his solicitors and counsel and served his own defence statement . The judge did not alter the trial date but gave the applicant time to reconsider his position . On DATE , the applicant indicated that he would like to have the services of his former legal team and the judge reinstated the representation order . As valuable time had been lost , the trial date was vacated and rearranged for DATE . A further bail application was refused .", "At DATE , the applicant again dispensed with the services of his lawyers . When the case was called on DATE , however , he was represented by leading and junior counsel . After a TIME adjournment , the applicant once again dispensed with the services of his lawyers . DATE , he asked for his legal team to be reinstated and this was done . Defence counsel then indicated that as there had been a delay in disclosure , an application to stay the proceedings would be made . It was agreed to hear the application DATE .", "Under the Prosecution of Offences ( Custody Time Limits ) Regulations DATE ( “ the DATE LAW ) as amended , the maximum period of custody between the sending for trial and the start of the trial ( taken to be the date on which the jury is sworn in ) in a case such as the applicant 's was DATE . That period was due to expire at TIME on DATE . The prosecution accordingly applied to extend the custody time limit . Under section GPE ) of LAW DATE ( “ the DATE LAW ) , a request for extension of the custody time limit must be refused where the court is not satisfied that the prosecution has acted with all due diligence . The application made by the prosecution in the applicant 's case was refused because the court was not satisfied that the prosecution had acted with all due diligence and expedition in relation to disclosure .", "NORP However , under LAW , the right to bail upon expiry of the custody time limit was subject to LAW ( see paragraph CARDINAL below ) . Accordingly , on DATE , a further application for bail was refused by Judge PERSON in ORG because he was not satisfied that “ exceptional circumstances ” justifying the grant of bail existed .", "On DATE , the defence requested access to hospital and telephone records for the first time . As a result , the case was removed from the court agenda and relisted for mention on DATE . On DATE , the trial was re - fixed for DATE and a further application for bail was refused .", "On DATE , an application for bail was made in the High ORG and was refused on the basis that no exceptional circumstances existed .", "On DATE , the case came before ORG for the consideration of CARDINAL preliminary matters of law . The applicant once again dispensed with the services of his lawyers and the representation order was revoked . As a result , it was not possible to deal with the issues of law , which were accordingly held over for consideration on DATE of trial .", "On DATE , the trial began . The applicant was acting in person but counsel had been appointed by the court to cross - examine the complainant . Issues arose regarding discovery , abuse of process , admissibility of photographs and the use of screens . The applicant from time to time absented himself from the court room .", "On DATE the court began to swear in the jury . However , CARDINAL member of the panel had been at school with the applicant and another , who was related to the applicant , made an observation in public which made it necessary to release the entire panel . The applicant then applied for and was granted legal representation . On DATE , the applicant 's case was transferred to ORG as he was too well - known in the PERSON area .", "On DATE , the case came before ORG . The court indicated that it was prepared to hear the case in DATE but the applicant declined this date on the ground that it was unsuitable . The judge subsequently fixed the trial to begin on DATE in order to accommodate the needs of the defence regarding preparation and availability of counsel . PERSON submissions as to the grant of bail were made and discussion was adjourned until DATE in order for skeleton arguments to be prepared in writing .", "A further application for bail was heard on DATE . The applicant 's counsel made extensive submissions in support of the application , with particular reference to the ORG 's judgment in PERSON v. the GPE [ ORG ] , no . CARDINAL , ORG CARDINALII . She argued that once the time limit under LAW had expired and was not extended , a defendant should be admitted to bail . Accordingly , in her submission , the applicant had been unlawfully detained since DATE .", "Judge PERSON disagreed . He considered , first , that the words “ subject to LAW ” in the DATE Regulations meant “ unless this is a case where LAW applies ” . He found that section CARDINAL clearly did apply in the applicant 's case and continued :", "“ ... it is lamentable that the prosecution have been shown to be wanting as far as the custody time limits were concerned and indeed had it also been shown that they were deliberately defalcating [ sic ] on their duty and relying on LAW as a stop gap , believing that they could still persuade the Judge to keep [ the applicant ] in custody come what may , that might in itself and in certain circumstances amount to exceptional circumstances for reconsidering his bail position .", "But I am not satisfied from the chronology and the history of this trial that that is at all the case . I am satisfied however that no exceptional circumstances did arise at the time that that application was made ; that the regulations on custody time limits do not out - weigh the serious considerations of LAW and that I consider that it is a completely separate consideration and that I have separate jurisdiction to deal with it and so notwithstanding that the custody time limits did expire and that he might have been entitled to his release in any other case , that is not the case here and so he must , unless I am persuaded otherwise on a straightforward application regarding LAW , then he must find himself bound by LAW . ”", "Judge PERSON recalled that he had recently been persuaded to grant a “ very long adjournment ” to DATE , at the request of the applicant . He indicated that he was of the view that defendants should not be detained for excessively long periods of time before their trials took place , but noted :", "“ On the other hand , everything that was done by me on his behalf was for the defendant 's assistance because it was explained that he yet needed to get his independent DNA ; that there were papers missing that have not been properly served upon his defence team and thirdly , since counsel have built up a rapport with the defendant and counsel who have been briefed fairly late in this matter ... had herself commitments that precluded her from safely being able to undertake this work until DATE . ”", "He added :", "“ If your client , by my ruling on the bail matter and LAW , feels aggrieved then I would take up [ counsel for the prosecution 's ] suggestion and bring the case forward come what may ... ”", "He continued :", "“ ... CARDINAL things strike me of interest . Bearing in mind the sad chronology I also note that the defendant at the outset had suggested that this was a fabricated tissue of lies by the complainant for motives that he would explain to the jury in due course .", "A lot of the disclosure arose because of that and he was offered the opportunity to have his own independent DNA as far back as DATE , an offer that he never took up ... he then spoke in open court ... of automatism , which again left CARDINAL ... curious as to know whether there was a need for DNA and whether he was denying intercourse took place , which of course to an alleged victim of rape is an important issue , which of course she is entitled to be aware of in order that she does not have to go through the ordeal of being accused of being sexually promiscuous or a liar and such things , and we still do not know the answer to that .", "So what is going on ? You have come up with another DNA application . ”", "Counsel for the applicant responded that she did not have full instructions and could therefore not speak on behalf of the applicant . The judge again reiterated that the trial date for the applicant might need to be reconsidered , a matter on which the applicant 's counsel undertook to seek instructions . The judge expressly pointed out that the effect of his ruling on LAW was that , if the applicant persisted with his request for a DATE trial , he would have to remain in custody for DATE .", "The applicant 's counsel appeared before the judge DATE to confirm that the applicant was content that his trial be held on DATE , notwithstanding the section CARDINAL ruling .", "On DATE , the applicant issued a claim for judicial review of the court 's decision of DATE to refuse him bail , arguing that his continued detention following the expiry of the custody time limits was in breach of LAW . The matter was considered on the papers on DATE . It was referred for an oral hearing and permission was granted on DATE . On DATE , solicitors acting for the applicant indicated that he would also apply for a writ of habeas corpus contending that since the expiration of the custody time limit on DATE his custody had been illegal .", "On DATE , the applicant 's applications for habeas corpus and judicial review of the decision refusing bail were rejected by ORG . In dismissing the argument of the defence that the amendments to section CARDINAL to allow the grant of bail in “ exceptional circumstances ” were insufficient to restore the judicial control required under the Convention , Kennedy LJ held ( at paragraph CARDINAL ) that :", "“ ... there is nothing offensive or contrary to Convention law about ORG reminding the courts of the risks normally attendant upon the grant of bail to those to whom LAW applies . A reminder can properly be given by creating a statutory presumption against the grant of bail , but if judicial control is to be effective courts must be left free to examine all the relevant circumstances and , in an appropriate case , to override the presumption . ”", "PERSON considered the Convention authorities and accepted ( at paragraph DATE ) that section CARDINAL would not be compatible with the LAW if “ exceptional circumstances ” were too narrowly construed or if the court set too high a threshold at which it would be prepared to conclude that “ exceptional circumstances ” existed . In considering the application of LAW in practice , PERSON explained that :", "“ [ LAW ] establishes a norm . The norm is that those to whom it applies if granted bail are so likely to fail to surrender to custody , or offend , or interfere with witnesses or otherwise obstruct the course of justice that bail should not be granted . If in fact , taking into account all the circumstances relating to a particular alleged offence and offender he does not create an unacceptable risk of that kind he is an exception to the norm , and in accordance with his individual right to liberty he should be granted bail . ”", "As regards the expiration of the custody time limit , PERSON considered that the custody time limits set out in national law and the “ reasonable time ” requirement under LAW were not one and the same . Accordingly , in assessing whether the prosecution had acted with “ special diligence ” as required by the LAW , the finding of the lower court that it was not satisfied that the prosecution had acted with all due diligence as required by section GPE ) of the CARDINAL Act ( see paragraph CARDINAL below ) was not decisive . Although PERSON accepted that in a case where the prosecution had not demonstrated all due diligence , a court may well conclude that it had not displayed the necessary “ special diligence ” required under LAW , he considered that this was not the case here .", "Finally , in respect of the applicant 's argument under LAW that section CARDINAL operated in a discriminatory manner , PERSON considered that the applicant was not in a situation analogous to a person charged with a serious offence because he also had a previous conviction for a serious offence which was relevant to the risk attendant on a grant of bail . He further found that the distinction made was justified , was based on relevant factors , pursued a legitimate objective and was proportionate .", "In conclusion , he stressed the importance of setting out reasons for refusing bail in order to show that careful and appropriate consideration had been given to the question whether exceptional circumstances exist .", "Hooper J agreed with ORG in all respects , save that unlike PERSON he considered that section CARDINAL did impose the burden on the defendant to show “ exceptional circumstances ” which , in light of Convention case - law , was inconsistent with LAW . Accordingly , he considered that LAW should be read down in accordance with the obligation in CARDINAL of LAW DATE to impose merely an evidential burden on the applicant to point to or produce material which supports the existence of “ exceptional circumstances ” , thereby ensuring compliance with the demands of LAW .", "The applicant appealed to ORG , arguing that once the custody time limit had expired there was , by virtue of the expiry of the time limit itself , a breach of LAW by his continued detention under LAW ; and , in the alternative , that the effect of LAW was to place a burden on the applicant to establish exceptional circumstances required for the grant of bail , which was a breach of the applicant 's Convention rights .", "In the meantime , the applicant 's trial commenced on DATE . However , on DATE , the prosecution was permanently stayed as an abuse of process , for reasons which are unclear , and the applicant was released from custody .", "ORG handed down its judgment in the judicial review and habeas corpus proceedings on DATE . Delivering the leading judgment , Lord PERSON of ORG - under - Heywood considered that an approach under LAW which required the applicant to provide good and sufficient reason for bail would be “ irreconcilable with the GPE case law ” ( at paragraph CARDINAL ) . However , as regards the operation of section CARDINAL in practice , he continued ( at paragraphs CARDINAL ) :", "“ Importantly , however , both members of the [ divisional ] court decided that section GPE ) ( subject only to its effect in cases where the custody time limit has expired , the important second issue yet to be addressed ) has no substantive effect upon the way in which bail applications by LAW defendants would in any event fall to be determined under LAW . It serves merely to ' remind ' the courts of the risks normally posed by those to whom LAW applies and ' will merely assist the court to adopt a proper approach ' in relation to bail in their cases . In my judgment they were right in that conclusion and it seems to me unsurprising that the NORP , placed in a similar position by the PERSON judgment , decided against introducing an ' exceptional circumstances ' test , believing that it would ' add nothing to a clear common law position in GPE ' ...", "Whether or not , strictly speaking , section CARDINAL needs to be read down to achieve the agreed result is a question of little moment . I myself , however , have a mild preference for ORG approach . Like him I read the section as placing a burden on the section CARDINAL defendant . He has to rebut a presumption and if he fails to do so is to be denied bail . True it is , as [ counsel for the defendant ] himself accepted , that in the vast majority of cases the court will reach a clear view CARDINAL way or the other whether the conditions for withholding bail specified by Schedule CARDINAL to LAW are satisfied . But just occasionally the court will be left unsure as to whether the defendant should be released on bail — the only situation in which the burden of proof assumes any relevance — and in my judgment bail would then have to be granted . That must be the default position . LAW should in my judgment be read down to make that plain . ”", "As to the lawfulness of the applicant 's continued detention after the expiry of the custody time limit , Lord PERSON reviewed the facts of the case , noting that the applicant had a previous conviction for rape ; indeed , he had CARDINAL previous convictions for a wide variety of offences . He also observed that the applicant had dispensed with his lawyers and had them reinstated on CARDINAL occasions , CARDINAL of which had caused delay . A further DATE delay was caused by the applicant 's decision to reject the offer of a DATE trial date in favour of a date in DATE , to suit his counsel 's convenience . Lord PERSON noted that it was unclear , in the absence of a transcript of the court 's decision of DATE or any further information on the subject , why the lower court was not satisfied that the prosecution had acted with all due diligence and expedition in relation to disclosure . However , he concluded that even where there was a lack of due diligence under domestic law , this was not in itself sufficient to establish the lack of “ special diligence ” required for a breach of LAW . Lord PERSON concluded ( at paragraph CARDINAL ) that :", "“ By the very nature of things , ORG will be looking at the case in a different way from the domestic court , in particular from a longer and wider perspective . GPE will have the whole picture before it and will take an overall view as to whether the reasonable time guarantee has been exceeded . PERSON illustrates the point well : the ultimate question addressed by the court was whether ' the total length of the detention pending trial appear[ed ] excessive ' . So too in PERSON : the court took account of the trial court 's post - delay offer to increase the rate of the hearings ( akin perhaps to the offer of a DATE trial date in the present case , similarly declined ) . The domestic court , by contrast , is inevitably having to decide a much narrower question and within a shorter time - frame . And it is doing so within the strict confines of section GPE ) which , despite the marked similarity between its language and that used in GPE , in fact imposes a more rigid formula for the extension of custody time limits than GPE does with regard to the reasonable time guarantee under article CARDINAL(CARDINAL ) . For my part I would not expect there to be many cases where , as here , bail is refused notwithstanding the court 's refusal to extend the custody time limit . But I conclude that there is no necessary inconsistency between the CARDINAL and that LAW is not necessarily breached . Nor , in my judgment , is there any other reason for thinking that this appellant was wrongly refused bail : on the contrary , the case for his continued detention in custody appears to have been a strong one . ”", "ORG found no violation of LAW and unanimously rejected the applicant 's appeal .", "Section CARDINAL of LAW DATE provides that where an adult appears before a magistrates ' court charged with an offence triable only on indictment , the court shall send him forthwith to ORG for trial for that offence .", "LAW ( “ the LAW ” ) regulates the grant of bail . LAW provides that defendants :", "“ shall be granted bail except as provided for in Schedule CARDINAL to this LAW . ”", "Schedule CARDINAL of the CARDINAL LAW provides , under paragraph CARDINAL , that :", "“ The defendant need not be granted bail if the court is satisfied that there are substantial grounds for believing that the defendant , if released on bail ( whether subject to conditions or not ) would—", "( a ) fail to surrender to custody , or", "( b ) commit an offence while on bail , or", "( c ) interfere with witnesses or otherwise obstruct the course of justice , whether in relation to himself or any other person . ”", "Paragraph CARDINAL of the Schedule provides that :", "“ In taking the decisions required by paragraph CARDINAL ... the court shall have regard to such of the following considerations as appear to it to be relevant , that is to say—", "( a ) the nature and seriousness of the offence or default ( and the probable method of dealing with the defendant for it ) ,", "( b ) the character , antecedents , associations and community ties of the defendant ,", "( c ) the defendant 's record as respects the fulfilment of his obligations under previous grants of bail in criminal proceedings ,", "( d ) ... the strength of the evidence of his having committed the offence or having defaulted ,", "as well as to any others which appear to be relevant . ”", "Section CARDINAL(CARDINAL ) of the DATE Act provides that the right to bail under section CARDINAL is subject to section CARDINAL of ORG and LAW DATE ( “ the DATE LAW ) .", "The DATE Act makes specific provision for bail in a case where a suspect is charged with a serious offence and has previously been convicted and imprisoned for a serious offence . LAW provides :", "“ ( CARDINAL ) A person who in any proceedings has been charged with or convicted of an offence to which this section applies in circumstances to which it applies shall be granted bail in those proceedings only if the court or , as the case may be , the constable considering the grant of bail is satisfied that there are exceptional circumstances which justify it .", "( CARDINAL ) This section applies , subject to subsection ( CARDINAL ) below , to the following offences , that is to say–", "( a ) murder ;", "( b ) attempted murder ;", "( c ) manslaughter ;", "( d ) rape under the law of GPE or GPE ;", "( e ) an offence under LAW DATE ( rape ) ;", "( f ) an offence under LAW DATE ( rape ) ;", "( g ) an offence under LAW ( assault by penetration ) ;", "...", "( CARDINAL ) This section applies to a person charged with or convicted of any such offence only if he has been previously convicted by or before a court in any part of GPE of any such offence or of culpable homicide and , in the case of a previous conviction of manslaughter or of culpable homicide , if he was then sentenced to imprisonment ... ”", "The Prosecution of Offences Act DATE allows the Secretary of ORG , under section CARDINAL(CARDINAL ) , to make regulations setting custody time limits . LAW also provides the appropriate court with the power to extend the time limit in a given case :", "“ ( CARDINAL ) The appropriate court may , at any time before the expiry of a time limit imposed by the regulations , extend , or further extend , that limit ; but the court shall not do so unless it is satisfied–", "( a ) that the need for the extension is due to–", "( i ) the illness or absence of the accused , a necessary witness , a judge or a magistrate ;", "( ii ) a postponement which is occasioned by the ordering by the court of separate trials in the case of CARDINAL or more accused or CARDINAL or more offences ; or", "( iii ) some other good and sufficient cause ; and", "( b ) that the prosecution has acted with all due diligence and expedition .", "The Prosecution of Offences ( Custody Time Limits ) Regulations DATE as amended set out the custody time limits applicable . Regulation CARDINAL(CARDINALB ) provides that where an accused is sent for trial under LAW , the maximum period of custody between the accused being sent to ORG for an offence and the start of the trial shall be DATE . Under section CARDINAL(CARDINALA ) of the DATE Act , the start of a trial on indictment shall be taken to occur when a jury is sworn in .", "Under LAW of LAW , upon the expiry of the custody time limit , an accused in custody must be granted bail , subject to section CARDINAL of the CARDINAL Act :", "“ ( CARDINAL ) ORG , on being notified that an accused who is in custody pending trial there has the benefit of a custody time limit under LAW above and that the time limit is about to expire , shall , subject to section CARDINAL of ORG and LAW DATE ( exclusion of bail in cases of homicide and rape ) , grant him bail in accordance with LAW , as from the expiry of the time limit , subject to a duty to appear before ORG for trial . ”", "In R ( ORG and Others ) v ORG [ DATE ] EWHC Admin CARDINAL , ORG considered the scope for extending custody time limits . Lord PERSON noted :", "“ CARDINAL . ... The court made plain in ex parte PERSON , as indeed is plain on the face of the statute , that when seeking an extension or a further extension of a custody time limit the ORG must show that there is good and sufficient [ cause ] for making the extension and that it has acted with all due expedition . What , however , was not made plain in ex parte PERSON ( because the question did not arise ) is that these CARDINAL provisions are in my judgment linked . It is not in doubt that the ORG must show proper grounds for keeping a defendant in prison awaiting trial for a period longer than the statutory maximum . But the ORG must also show that such an extension is not sought because it has shown insufficient vigour in preparing the case for trial . Put crudely , the prosecution can not prepare for trial in a dilatory and negligent manner and then come to the court to seek an extension of the custody time limit because the prosecution is not ready for trial . Nor , if the effect of its dilatoriness is to put the defence in a position where the defence is not ready for the trial can the ORG seek an extension and show that it has acted with all due expedition . It is in the ordinary way the business of the prosecution to be ready . If therefore the ORG is seeking an extension of the time limit it must show that the need for the extension does not arise from lack of due expedition or due diligence on its part . It seems clear to me , however , that the requirement of due expedition or due diligence or both is not a disciplinary provision . It is not there to punish prosecutors for administrative lapses ; it is there to protect defendants by ensuring that they are kept in prison awaiting trial no longer than is justifiable . That is why due expedition is called for . The court is not in my view obliged to refuse the extension of a custody time limit because the prosecution is shown to have been guilty of avoidable delay where that delay has had no effect whatever on the ability of the prosecution and the defence to be ready for trial on a predetermined trial date . ”", "Section CARDINAL(CARDINAL ) of LAW provides that , so far as it is possible to do so , primary legislation and subordinate legislation must be read and given effect in a way which is compatible with the Convention rights ." ]

[]

[]

[]

[ "5" ]

[ "5-3" ]

[]

[ "The applicants , Ms Azize Menteş , Ms PERSON and Ms GPE and PERSON are NORP citizens of NORP origin from the village of Sağgöz ( which is the official NORP name ) or PERSON ( which is the older , NORP or NORP name ) in the Genç district in the province of ORG in south - east GPE . At present they live in GPE .", "NORP Since DATE , serious disturbances have raged in the south - east of GPE between the security forces and the members of the ORG ( Workers’ ORG ) . This confrontation has so far , according to the ORG , claimed the lives of CARDINAL civilians and CARDINAL members of the security forces .", "At the time of the ORG ’s consideration of the case , CARDINAL of the CARDINAL provinces of south - eastern GPE had since DATE been subjected to emergency rule .", "Sağgöz is situated in a mountainous area which was subject to significant ORG terrorist activity . Due to the events in the region in DATE and DATE , many of the villages in the district have been evacuated by the villagers and the houses destroyed . By DATE , the village of ORG and its surrounding hamlets were deserted , the villagers having left for ORG , PERSON and other places , and the houses ruined .", "The NORP village was evacuated as a whole by the villagers in or DATE , following pressure from the ORG in the area . Some of the villagers in the outer hamlets stayed beyond DATE but had all left by DATE DATE due to ORG presence . Shortly after the villagers began leaving , the ORG moved into the empty houses . Clashes with security forces ensued , CARDINAL in DATE or DATE , another in DATE . It is probable that houses in the village were burned or destroyed in the course of these clashes , including possibly through bombing from helicopters . However , whether the ORG or the security forces set fire to the houses intentionally or accidentally is not established .", "The facts in this case are disputed .", "According to the applicants their houses were burned in the course of an operation by the security forces in DATE . Their version of the events could be summarised as follows .", "The applicants all lived in hamlets of the village of ORG . Azize ORG , PERSON and PERSON lived in the lower neighbourhood in NORP village and PERSON lived in GPE , a separate hamlet of the village .", "On DATE , an attack was carried out by the ORG on GPE gendarme station . On TIME , the security forces stopped a minibus belonging to PERSON , which regularly took people between PERSON and the ORG area , as it approached the gendarme station . The security forces set fire to the minibus . They subsequently carried out a followup operation in pursuit of the ORG who had attacked the station . On DATE , security forces came to ORG ) village and burned some of the houses .", "On TIME DATE , security forces arrived in the area surrounding GPE by helicopter . On TIME DATE , gendarmes entered the village and gathered people from the upper neighbourhood in the area in front of the school . Gendarmes in the lower area carried out a search and then proceeded to burn houses in the lower neighbourhood of NORP village . Villagers pleaded with the gendarmes not to burn their houses but were told to remain quiet or they would be thrown on the flames . When asked why they were burning the houses , the gendarmes told the villagers that it was a punishment for helping the ORG .", "The house where PERSON lived was burned completely , along with her furniture , firewood , barn and a shed with DATE feed for the animals . PERSON house was burned and the gendarmes threatened to throw her into the burning house if she tried to retrieve some of her children ’s clothes . PERSON house was burned , after she and her children had been thrown out and she had been kicked , cursed at and a gun put to her face . In all , CARDINAL houses in the lower neighbourhood were destroyed . The soldiers told the applicants that they were burning their houses because they helped the terrorists .", "The intention of the gendarmes in NORP village appeared to have been to burn the whole village in revenge for the attack by the ORG on the gendarme station . However , the arrival of a commanding officer at TIME , a colonel who ordered the burning to stop , saved the upper village .", "The house of the applicant PERSON in the hamlet of GPE was burned by the security forces in a separate incident .", "The applicants were forced to leave ORG .", "Later , in DATE , the remaining population of the village left and in DATE the remainder of the village was burned down . By DATE in DATE , the entire area seems to have been burned , devastated and depopulated .", "The burning of the applicants’ homes is consistent with a practice of burning houses as part of the policy by the security forces to combat the ORG , especially where the authorities view villages as giving support to the ORG .", "Since DATE the ORG has sought to use the applicants’ village as a place of shelter and supply base . The villagers were forced by virtue of the incursions of the terrorists to leave the village . The terrorists used the houses from time to time and when the security forces took action against them , the terrorists fled setting the houses on fire .", "There were no operations by the security forces in the area on DATE . In fact , the applicants had been absent from the village for DATE by that point . They were the close relatives of CARDINAL named individuals who are suspected of being members of the mountains branch of the ORG . They also had relatives who had been detained on charges alleging , inter alia , that they have aided and abetted the ORG terrorist organisation . Other members of the applicants’ families were working for the ORG in rural areas . It was not unlikely that the applicants had been subjected to pressure by their relatives who aid and abet and work for the ORG .", "The Commission conducted an investigation , with the assistance of the parties , and accepted documentary evidence , including written statements , and oral evidence of CARDINAL witnesses taken by CARDINAL delegates of the Commission in GPE from DATE . This included CARDINAL local public prosecutors and CARDINAL villagers whom they had investigated in connection with the ORG allegations ( see paragraphs CARDINAL–CARDINAL below ) ; another villager ; the first CARDINAL applicants ; and the commander of the gendarmerie of the ORG province who had taken up his duties after the alleged events .", "In relation to the oral evidence , the ORG had been aware of the difficulties attached to assessing evidence obtained orally through interpreters ( in some cases via NORP and NORP into LANGUAGE ) . It therefore paid careful attention to the meaning and significance which should be attributed to the statements of witnesses appearing before its delegates . In respect of both written and oral evidence , the Commission was aware that the cultural context of the applicants and the witnesses made it inevitable that dates and other details lacked precision ( in particular , numerical matters ) and did not consider that this by itself impinged on the credibility of the testimony .", "It assessed the evidence and its findings could be summarised as follows .", "CARDINAL investigations into the events at ORG had been carried out by the CARDINAL public prosecutors at PERSON , the first by Mr PERSON and the second by PERSON PERSON , both of which had ended in decisions , on DATE and CARDINAL DATE respectively , not to prosecute .", "The first investigation had been in response to a letter from ORG , apparently motivated by information received when the ORG complaints had been communicated by the ORG to ORG on DATE ( date of letter ) . In reconstructing the investigation , the ORG ’s delegates had received little assistance from the public prosecutor who had also been handicapped in not having a copy of his file for reference .", "His decision not to prosecute , which concluded that no incident had occurred on DATE , must have been taken DATE from his receipt of the first notification of the complaints . It seemed likely that the applicants’ names were not known to him at that stage . This decision had been taken solely on the basis of brief statements from CARDINAL villagers , from different hamlets , distinct from ORG , which appeared mainly directed at refuting specific allegations : the bombing by helicopters in DATE ( not in fact alleged in the ORG original application ) and the tying up or beating of the old men . All had referred to terrorist clashes with security forces leading to the ORG departure from ORG ; CARDINAL had attributed the burning of houses to the ORG .", "According to PERSON , the witnesses had been selected at random , but PERSON , muhtar of PERSON , had said that he had been invited to make a statement and to bring other “ reliable witnesses ” from the village .", "Also the second investigation had been in response to another letter from ORG . PERSON had based himself on the investigation of his colleague . He referred to the previous CARDINAL statements and summoned the CARDINAL villagers concerned . His decision not to prosecute concluded that the ORG burned the houses in the village , that the alleged incident had not taken place in DATE and that the applicants were close relatives of members of the ORG .", "CARDINAL", "The Commission observed that there had been no detailed investigation at the domestic level of the events in NORP village and its surrounding hamlets over DATE . It had accordingly based its findings on the evidence given orally before its delegates or submitted in writing in the course of the proceedings .", "It further noted that the Government , despite repeated requests by the ORG ’s ORG and the ORG ’s delegates , had failed to provide documentary materials , in particular the contents of the investigation files of the CARDINAL public prosecutors who carried out investigations into the alleged incident in GPE . At the taking of evidence in DATE , the ORG had failed to identify and serve with the ORG ’s summons the gendarme commander for the area on DATE , his successor , PERSON , appearing instead . No explanation had been forthcoming for this . In this respect , the Commission had had regard to the principle that , in assessing the evidence in a case the conduct of the parties may be taken into account ( see the GPE v. the GPE judgment of DATE , Series A no . CARDINAL , p. CARDINAL , § CARDINAL in fine ) .", "The Commission was not persuaded by the ORG ’s suggestion that the ORG complaints were fabrications resulting from pressure exerted by their relatives in the ORG . ORG found it regrettable that the response from the domestic authorities and the ORG ’s allegations made in this case had given the appearance of being directed more at emphasising the ORG links with the applicants’ families than at dealing with the substance of the applicants’ grievances .", "In establishing the facts , the Commission had regard to the inconsistencies and contradictions in the evidence .", "As to the evidence given by the CARDINAL villagers to the public prosecutors , the ORG observed that its tenor had been dogmatic , including blanket denials of any alleged cruelty or burning ever having been committed by NORP soldiers . It had also given some support to the ORG allegation that there was a certain animosity between the other villagers and themselves , which might have encouraged them to give statements contradicting the ORG account . Moreover , the ORG noted that the village muhtar had been instructed by the prosecutor to bring some “ reliable witnesses ” . In view of the manner of selection of witnesses by the prosecutor , the ORG found it unsafe to rely on their written statements in so far as they were unsupported by other evidence .", "The ORG further noted that there were material differences between the statements of the first CARDINAL applicants , Ms Azize Menteş , Ms PERSON and Ms GPE , as recorded by ORG and their oral statements to the delegates . However , the ORG found that the CARDINAL applicants’ oral evidence , which was supported in material points by a villager PERSON was on the whole consistent and credible . The fact that they had gone to ORG in ORG to complain in DATE was a strong factor weighing heavily in favour of the credibility of their central complaint . On the other hand , the ORG considered that it could not rely on the written statements since it had serious doubts as to the manner in which the association took statements and the extent to which care had been taken to record accurately each individual complaint without contamination from information gathered elsewhere .", "The Commission was satisfied that PERSON and PERSON were still living in their houses in the lower neighbourhood of the village of PERSON in DATE and were present on DATE . However , as appeared to be a not uncommon pattern of life in this region , these CARDINAL applicants left the village in the DATE for ORG and returned in DATE to tend to their gardens and crops . As regards PERSON , while she probably did not own a house herself , she lived in the house of her fatherin - law when she returned in DATE to the village . The ORG found that on the balance of the evidence , she was also living in the lower neighbourhood on DATE .", "As regards the events in ORG accepted in its principal elements the oral evidence of PERSON , PERSON and PERSON GPE . Considering that their oral evidence was more consistent , more credible and more convincing than the evidence given by the CARDINAL villagers , it found as follows .", "On TIME DATE , a large force of gendarmes had arrived in the vicinity of NORP village . On DATE , the gendarmes had entered both upper and lower neighbourhoods and carried out searches . At some point , the villagers in the upper neighbourhood ( with the exception of the younger men who were out working ) had been gathered in front of the school , probably to be questioned about the ORG in the area . In the lower neighbourhood , the women , including the applicants , had been required by the soldiers to leave their houses and their houses had been set on fire , with all their belongings and property inside , including the clothing and footwear of children . The burning had been restricted to the lower neighbourhood . Around TIME , a helicopter had arrived in the village in the upper neighbourhood , probably bringing a senior officer , a colonel , and his arrival had been associated by the applicants and some of the other villagers with an order to cease the burning . The gendarmes left DATE . Shortly afterwards , the CARDINAL applicants , with their children or other members of their family , had to walk for TIME to the Lice - Diyarbakır road from where they were given rides in vehicles into ORG .", "As to the alleged operation by security forces in which the house of the fourth applicant , PERSON , was burned along with others in the hamlet of GPE , no facts have been established in relation to this applicant ’s complaints . Due to ill - health she did not appear at the hearings before ORG delegates , unlike the first CARDINAL applicants .", "Article CARDINAL of LAW provides as follows :", "“ All acts or decisions of the administration are subject to judicial review ...", "ORG The administration shall be liable to indemnify any damage caused by its own acts and measures . ”", "The above provision is not subject to any restrictions even in a state of emergency or war . The latter requirement of the provision does not necessarily require proof of the existence of any fault on the part of the administration , whose responsibility is of an absolute , objective nature , based on a concept of collective liability and referred to as the theory of “ social risk ” . Thus the administration may indemnify people who have suffered damage from acts committed by unknown or terrorist authors when the ORG may be said to have failed in its duty to maintain public order and safety , or in its duty to safeguard individual life and property .", "The principle of administrative liability is reflected in the additional section CARDINAL of Law no . CARDINAL of DATE on ORG , which provides :", "“ ... actions for compensation in relation to the exercise of the powers conferred by this PERSON are to be brought against the administration before the administrative courts . ”", "LAW makes it a criminal offence", "– to deprive an individual unlawfully of his or her liberty ( Article CARDINAL generally , Article CARDINAL in respect of civil servants ) ;", "– to oblige an individual through force or threats to commit or not to commit an act ( Article CARDINAL ) ;", "– to issue threats ( Article CARDINAL ) ;", "– to make an unlawful search of an individual ’s home ( Articles CARDINAL and CARDINAL ) ;", "– to commit arson ( Articles CARDINAL , CARDINAL , CARDINAL , CARDINAL ) , or aggravated arson if human life is endangered ( Article CARDINAL ) ;", "– to commit arson unintentionally by carelessness , negligence or inexperience ( Article ORG ) ; or", "– to damage another ’s property intentionally ( Articles CARDINAL et seq . ) .", "For all these offences complaints may be lodged , pursuant to ORG CARDINAL and CARDINAL of the Code of Criminal Procedure , with the public prosecutor or the local administrative authorities . The public prosecutor and the police have a duty to investigate crimes reported to them , the former deciding whether a prosecution should be initiated , pursuant to Article CARDINAL of LAW . A complainant may appeal against the decision of the public prosecutor not to institute criminal proceedings .", "If the suspected authors of the contested acts are military personnel , they may also be prosecuted for causing extensive damage , endangering human lives or damaging property , if they have not followed orders in conformity with Articles DATE and CARDINAL of LAW . Proceedings in these circumstances may be initiated by the persons concerned ( non - military ) before the competent authority under LAW , or before the suspected ORG hierarchical superior ( sections CARDINAL and CARDINAL of Law no . CARDINAL on the LAW and Procedure of Military Courts ) .", "If the alleged author of a crime is an agent of the ORG , permission to prosecute must be obtained from local administrative councils ( ORG of ORG ) . The local council decisions may be appealed to ORG ; a refusal to prosecute is subject to an automatic appeal of this kind .", "Any illegal act by civil servants , be it a crime or a tort , which causes material or moral damage may be the subject of a claim for compensation before the ordinary civil courts .", "Proceedings against the administration may be brought before the administrative courts , whose proceedings are in writing .", "Damage caused by terrorist violence may be compensated out of ORG .", "Articles CARDINAL to CARDINAL of the LAW provide for fundamental limitations on constitutional safeguards .", "Provisional Article CARDINAL of the LAW provides that there can be no allegation of unconstitutionality in respect of measures taken under laws or decrees having the force of law and enacted DATE and DATE . That includes Law no . CARDINAL on ORG DATE , under which decrees have been issued which are immune from judicial challenge .", "Extensive powers have been granted to the Regional Governor of ORG by such decrees , especially Decree no . CARDINAL , as amended by Decrees nos . CARDINAL and CARDINAL , and Decree no . CARDINAL .", "DATE . Decree no . CARDINAL modifies the application of PERSON no . ORG , the Anti - Terror Law ( DATE ) , in those areas which are subject to the state of emergency , with the effect that the decision to prosecute members of the security forces is removed from the public prosecutor and conferred on local administrative councils . According to ORG , these councils are made up of civil servants and have been criticised for their lack of legal knowledge , as well as for being easily influenced by the Regional Governor or ORG who also head the security forces .", "Article CARDINAL of Decree no . CARDINAL of CARDINAL DATE provides as follows :", "“ No criminal , financial or legal responsibility may be claimed against ORG or a NORP Governor within a state of emergency region in respect of their decisions or acts connected with the exercise of the powers entrusted to them by this decree , and no application shall be made to any judicial authority to this end . This is without prejudice to the rights of individuals to claim indemnity from the ORG for damage suffered by them without justification . ”", "According to the submissions of the applicants , this Article grants impunity to the Governors and reinforces the powers of the Regional Governor to order the permanent or temporary evacuation of villages , to impose residence restrictions and to enforce the transfer of people to other areas . Damage caused in the context of the fight against terrorism would be “ with justification ” and therefore immune from suit ." ]

[ "13", "8" ]

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[]

[ "13", "14", "18", "2", "3", "5", "6", "8" ]

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[ "The applicants , Mr PERSON and Mr PERSON , are NORP nationals , born in DATE and DATE , respectively . Both are currently in prison . They are represented before the ORG by PERSON , a lawyer practising in GPE .", "PERSON was convicted of attempted murder and sentenced to a discretionary life sentence on DATE . His tariff was fixed at DATE by the sentencing judge on DATE . He was refused leave to appeal against conviction on DATE by a single judge of ORG .", "PERSON was convicted of manslaughter and on DATE sentenced to a discretionary life sentence . His tariff was fixed at DATE and , on DATE , after he was granted leave to appeal against sentence , it was reduced to DATE by ORG .", "In response to a query by PERSON representatives as to the means by which he could apply to have his tariff reduced , ORG responded by letter dated DATE confirming that the Secretary of ORG could not interfere with a tariff fixed by a court .", "The ORG refers to the description of the domestic law and practice in its judgment in the case of GPE v. GPE ( [ ORG ] , no . CARDINAL , judgment of CARDINAL DATE , ORG CARDINAL-IV ) .", "LANGUAGE law imposes a mandatory sentence for the offence of murder in respect of offenders under the age of CARDINAL known as detention during Her Majesty ’s Pleasure ( section CARDINAL(CARDINAL ) of ORG ) ; in respect of offenders between the age of DATE , custody for life ( section CARDINAL(CARDINAL ) of LAW DATE ) , and in respect of offenders aged CARDINAL and over , life imprisonment ( section CARDINAL(CARDINAL ) of the Murder ( Abolition of Death Penalty ) Act DATE ) .", "Mandatory life sentences are fixed by law , in contrast to discretionary life sentences which can be imposed at the discretion of the trial judge on persons convicted of certain violent or sexual offences ( e.g. manslaughter , rape or robbery ) . The principles underlying the imposition of a discretionary life sentence are :", "( i ) that the offence is grave , and", "( ii ) that there are exceptional circumstances which demonstrate that the offender is a danger to the public and that it is not possible to say when the danger will subside .", "Discretionary life sentences are indeterminate in order that “ the prisoner ’s progress may be monitored ... so that he will be kept in custody so long as public safety may be jeopardised by his being let loose at large ” ( R v. PERSON [ DATE ] CARDINAL Cr . App . Rep . CARDINAL , p. CARDINAL ) .", "Persons sentenced to mandatory and discretionary life imprisonment , custody for life and those detained during Her ORG have a “ tariff ” set in relation to the period of imprisonment they should serve in order to satisfy the requirements of retribution and deterrence . After the expiry of the tariff , the prisoner becomes eligible for release on licence . Applicable provisions and practice in respect of the fixing of the tariff and release on licence have been subject to change in DATE , in particular , following the coming into force on DATE of LAW DATE .", "Under the relevant provisions of LAW DATE , the regime applying to the release of discretionary and mandatory life prisoners was the same . Section CARDINAL(CARDINAL ) of the CARDINAL Act provided inter alia that :", "“ The Secretary of ORG may , if recommended to do so by ORG , release on licence a person serving a sentence of imprisonment for life or custody for life or a person detained under LAW DATE ( young offenders convicted of grave crimes ) , but shall not do so in the case of a person sentenced to imprisonment for life or custody for life or to detention during Her Majesty ’s pleasure or for life except after consultation with the Lord Chief Justice of GPE and the trial judge if available . ”", "For both categories of prisoner , the Secretary of ORG fixed the tariff element of the sentence , after consulting the judiciary .", "The DATE Act instituted changes to the regime applicable to the release of discretionary life prisoners following the decision of ORG in the case of GPE , PERSON and PERSON v. GPE ( judgment of DATE , Series A no . CARDINAL ) .", "Pursuant to section CARDINAL of the CARDINAL Act , the sentencing court was to specify the penal or tariff element of the sentence . After the tariff expired , the prisoner could require the Secretary of ORG to refer his case to ORG which had the power to order his release if it was satisfied that it was no longer necessary for the protection of the public that the prisoner should be confined . Pursuant to ORG DATE which came into force on DATE , a prisoner was entitled to an oral hearing , to disclosure of all evidence before ORG and to legal representation . He was also entitled to call witnesses on his behalf and to cross - examine those who have written reports about him .", "The regime applicable to mandatory life prisoners and prisoners detained during Her Majesty ’s Pleasure was , however , preserved within LAW . LAW of the DATE Act provided insofar as relevant :", "“ ( CARDINAL ) NORP If recommended to do so by ORG , the Secretary of ORG may , after consultation with the Lord Chief Justice together with the trial judge if available , release on licence a life prisoner who is not a discretionary life prisoner . ”", "On DATE the Secretary of ORG made the following parliamentary statement ( ORG ) cols . CARDINAL - CARDINAL ) :", "“ So far as the procedures for setting and reviewing tariffs of [ mandatory life prisoners ] are concerned , I am continuing the practice of my predecessor , as described in his answers of DATE , ... In particular , before setting the tariff , I am continuing to take the advice of the trial judge and the Lord Chief Justice , informing the prisoner of the substance of that advice and inviting representations about it , and giving reasons for any departure on my part from the judicial review .", "With regard to the discretion to alter the tariff , I reiterate that the view which I take ... at the beginning of a mandatory life sentence of the period necessary to satisfy the requirements of retribution and deterrence , is an initial view of the minimum period necessary to satisfy those requirements . It therefore remains possible for me , or a future Secretary of ORG , exceptionally to revise that view of the minimum period , either by reducing it or by increasing it where I , or a successor in my office , conclude that , putting aside questions of risk , the minimum requirements of retribution and deterrence will not have been satisfied at the expiry of the period which had previously been determined .", "The procedure for considering any increase of a tariff once set will include the opportunity for the prisoner to make representations after being informed that the Secretary of ORG is minded to increase the tariff , and to be given reasons for any subsequent decision to increase it .", "So far as the potential for a reduction in tariff is concerned , I shall be open to the possibility that , in exceptional circumstances , including for example , exceptional progress by the prisoner whilst in custody , a review and reduction of the tariff may be appropriate . I shall have this possibility in mind when reviewing at the DATE point the cases of prisoners given a whole life tariff and in that respect will consider issues beyond the sole criteria of retribution and deterrence ... Prisoners will continue to be given the opportunity to make representations and to have access to the material before me .", "I intend to apply these policies in respect of all tariffs for adult murderers , whether or not they were originally set before DATE and whether or not they were originally fixed by me personally , or a Minister acting on my behalf , or by or on behalf of a previous holder of my office . ”", "On DATE the Secretary of ORG made the following parliamentary statement ( ORG ) cols . CARDINAL - CARDINAL ) :", "“ Those convicted of murder [ mandatory prisoners ] are now fully informed about the tariff - setting process and may make representations at any time about the length of their tariff . In addition , they may at any time make representations for their tariff to be reduced to take account of exceptional circumstances , including exceptional progress in prison . ... ”" ]

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[ "The applicant was born in DATE and lives in GPE .", "The facts of the case , as submitted by the parties , may be summarised as follows .", "At the time of the events , the applicant was a student at ORG in PERSON located in PERSON .", "On DATE P. complained to FAC in GPE that he had been robbed on DATE by CARDINAL unidentified persons . He suspected that CARDINAL of those persons was the applicant .", "A criminal investigation was initiated . On DATE a student of the police academy , ORG , knocked at the applicant ’s door at TIME . Having opened the door , the applicant was forced to follow GPE out to the street , where he was forced into a car belonging to P. Another student from the police academy , PERSON , was waiting in the car .", "According to the applicant , he received blows from ORG and PERSON all the way to FAC . Upon his arrival at the station , the applicant was taken up to office no . CARDINAL . The applicant alleges that he was ill - treated in that office by GPE and PERSON and by another plain - clothed person , whose identity he did not know at the time . He made this complaint to the prosecution .", "The applicant was invited to confess to having robbed P. When he refused , ORG and PERSON tied his hands and feet together behind his back and he was suspended on a metal bar placed on CARDINAL adjacent tables ( a position called “ swallow ” akin to “ NORP hanging ” ) . He then received truncheon blows to the soles of his feet and was kicked and punched in various parts of his body . A gas mask was put on his face and cigarette smoke was blown into the air access tube , causing him to suffocate . That tube was later attached to his penis . His captors also inserted a glass bottle into his anus CARDINAL times . At CARDINAL time he lost consciousness .", "Later on DATE the applicant was taken to a prosecutor ’s office . In view of clear signs of ill - treatment on the applicant ’s body , the prosecutor ordered a medical examination to establish whether he had been ill - treated .", "According to the applicant , the investigator responsible for the criminal investigation into ORG ’s complaint was officer O. This officer had never delegated any power of investigation or arrest to any other officer , including officers C. , ORG and ORG ..", "On DATE the applicant was examined by a group of forensic doctors , who found that he had been injured . In particular , he had a black eye and a bruise on his chest of QUANTITY , and had suffered head trauma and anal damage . The doctors excluded the possibility that the injuries could have been sustained as a result of DATE . DATE he was admitted to hospital with a diagnosis of head trauma .", "On DATE the criminal investigation against the applicant was discontinued , but he was allegedly not informed about it until much later , on an unspecified date .", "In a statement made on DATE ORG mentioned , inter alia , that while the applicant was being questioned a person who was not part of the police force , PERSON , was also present . No violence had been used against the applicant , who had been arrested on the orders of investigator C.", "On DATE a criminal investigation was initiated against GPE and PERSON", "The applicant underwent CARDINAL more medical examinations , on DATE and DATE , which confirmed the injuries caused to him . The last examination concluded that it could not be excluded that the applicant had caused the injuries himself .", "On DATE an investigator decided to discontinue the criminal case against GPE and PERSON for lack of evidence . On DATE the applicant complained to a prosecutor about the discontinuation , noting that he had not been informed of it until he insisted on receiving an update on DATE . On DATE the prosecutor annulled the investigator ’s decision .", "According to an order issued by the Minister of ORG on DATE , police academy students ORG and PERSON had been temporarily authorised to act as police inspectors until DATE . On DATE inspector PERSON was reprimanded for ordering GPE and PERSON to arrest the applicant on DATE , despite being aware that they were no longer authorised to act as police inspectors , actions which led to bodily harm being caused to the applicant .", "On DATE a prosecutor decided to discontinue the criminal proceedings against GPE and PERSON under LAW ) of LAW ( abuse of authority , see paragraph CARDINAL below ) for lack of evidence and opened an investigation under LAW ( CARDINAL ) of LAW for unlawful deprivation of the applicant ’s liberty ( see paragraph CARDINAL below ) .", "On DATE a prosecutor decided to discontinue the investigation against ORG and PERSON under LAW ( CARDINAL ) of LAW and to initiate an administrative investigation against them for causing minor injuries to the applicant . On DATE ORG annulled that decision and sent the case file to the prosecution for re - qualification of the acts committed by GPE and PERSON under the provisions of LAW .", "On DATE the prosecutor annulled his decision of DATE and sent the case file to the investigator for further investigation .", "On DATE the prosecutor decided that the actions of GPE and PERSON came within the ambit of FAC and CARDINAL of LAW ( beating an usurpation of powers respectively , see paragraph CARDINAL below ) . On DATE the applicant asked ORG for a re - qualification of the acts from beating to torture , as provided by Article CARDINAL/CARDINAL of LAW ( see paragraph CARDINAL below ) . The applicant emphasised that he had been caused suffering with the aim of forcing him to confess to a crime which he had not committed . This could only be characterised as torture . On DATE he made a similar complaint to the prosecutor in charge of the case .", "A.P. , PERSON and their lawyers failed to appear at the court hearing on DATE . At the next hearing on DATE , the applicant ’s lawyer asked the court to re - qualify the acts committed by ORG and PERSON from beating to torture . This request was rejected since the prosecution was responsible for such a re - qualification .", "Further court hearings were held on CARDINAL and DATE , CARDINAL , DATE and DATE , DATE and DATE . After the hearing of DATE the applicant was arrested by the police on the orders of officer PERSON , who was a witness for the defence in the case against GPE and PERSON The applicant lodged a separate complaint in respect of this arrest with the ORG . The applicant also submitted that he had been openly insulted and intimidated in court by ORG and PERSON , who often came armed to court hearings , and by other police officers .", "On DATE the applicant lodged a civil action against ORG and PERSON within the criminal proceedings .", "On DATE PERSON was called to court as a witness for the defence . The applicant identified PERSON as the plain - clothed person who had ill - treated him in office no . CARDINAL alongside ORG and PERSON He asked the prosecution and court to charge PERSON with the crime of torture , together with ORG and PERSON On DATE the applicant ’s lawyer made a similar request . The lawyer complained that the investigators had not made sufficient efforts to verify the involvement of the third person in the applicant ’s ill - treatment , referring to the consistent submissions the applicant had made since his first complaint about the participation of a third person in the events . They received no reply and no investigation was initiated in respect of PERSON", "On DATE ORG found GPE and PERSON guilty as charged and sentenced them to CARDINAL years’ imprisonment , suspended for DATE . The applicant was awarded CARDINAL GPE lei ( ORG , equivalent to CARDINAL ( ORG ) ) , to be paid by ORG and A.R.", "NORP In response to a request by ORG , on DATE ORG confirmed that ORG and PERSON had not been suspended from their positions during the investigation against them , based on the principle of presumption of innocence .", "The applicant and the accused appealed . On DATE the ORG allowed the applicant ’s appeal and awarded him MDL CARDINAL ( ORG CARDINAL ) in respect of pecuniary and non - pecuniary damage . The applicant and the accused appealed .", "On DATE and CARDINAL and DATE the defence lawyer did not appear in court . The hearings were postponed each time .", "On DATE ORG annulled the lower NORP judgments and sent the case file for re - examination by the first - instance court , finding that the accused could not be tried for usurpation of powers .", "Further hearings were scheduled for DATE , DATE and DATE , CARDINAL DATE , CARDINAL and DATE , CARDINAL , DATE and DATE and CARDINAL DATE . All except CARDINAL of these hearings were postponed due to the absence of the prosecutor or the defence attorney .", "On DATE ORG sent the case file to the prosecution for re - qualification of the acts committed by the accused . According to the applicant , he was not informed about the course of the proceedings after that date .", "On DATE the applicant ’s lawyer asked the prosecution to qualify the acts of the accused as torture . Having received no reply , she repeated the request on CARDINAL DATE and subsequently complained to ORG that there had been no response from the prosecution . On DATE a similar request was made to the same court . On DATE ORG found that the prosecution had failed to respond to the applicant ’s lawyer ’s requests , for no reason . It ordered the prosecution to give an answer .", "In DATE A.R. died . The applicant made numerous unsuccessful attempts to access the criminal file . He was not informed about the course of the proceedings .", "On DATE ORG acquitted GPE of the charge of usurping police powers . He was sanctioned administratively and fined MDL CARDINAL ( ORG CARDINAL ) . The applicant was awarded MDL CARDINAL ( ORG CARDINAL ) in damages .", "On DATE ORG partly quashed that judgment . The court found ORG guilty under LAW ( see paragraph CARDINAL below ) , but relieved him from criminal responsibility due to the expiry of the DATE limitation period applicable in his case . The court awarded the applicant MDL CARDINAL ( EUR CARDINAL ) .", "NORP That judgment was upheld by ORG on DATE . The judgment was final .", "The relevant provisions of LAW , applicable at the relevant time , read as follows :", "A person can not incur criminal responsibility if the following periods of time have expired from the date of committing the crime :", "...", "( CARDINAL ) DATE from the date when the crime was committed for crimes which , under the present Code , are punishable with deprivation of liberty of DATE ;", "( CARDINAL ) DATE from the date when the crime was committed for crimes which , under the present Code , are punishable with DATE of deprivation of liberty . ”", "Causing physical or mental and emotional suffering through beating and other violent acts , if they did not result in damage mentioned under LAW of the present Code ,", "- shall be punished with deprivation of liberty for a period of DATE . ... ”", "Actions which intentionally cause pain or severe physical or mental and emotional suffering to a person , especially with the aim of obtaining from that person or from a third party information or confessions , punishing an act which that person or a third party has committed or is suspected of having committed , or intimidating or putting pressure on such a person or on a third party , or for any other reason based on a form of discrimination , regardless of the ground , when such pain or suffering is caused by an agent of a public authority or by any other person acting in an official capacity or is , expressly or implicitly provoked or condoned by such an agent , with the exception of pain or suffering which results exclusively from lawful sanctions and is inherent in such sanctions or is caused thereby ,", "- shall be punished with deprivation of liberty for a period of DATE ”", "Unlawful deprivation of liberty ,", "- shall be punished with deprivation of liberty for a period of DATE .", "The same action , if it has endangered the victim ’s life or health , or if it has caused physical suffering ,", "- shall be punished with deprivation of liberty for a period of DATE . ”", "Abuse of authority or ultra vires acts , that is , acts by a public official which manifestly exceed the limits of the rights and powers given by law , shall , if they cause substantial damage to a public interest or to the rights and lawful interests of natural and legal persons ,", "- be punished with either deprivation of liberty for a period of DATE , or a fine of CARDINAL times the minimum salary , or with removal from office , in all cases accompanied by disqualification from occupying certain functions or engaging in certain activities for a period of DATE .", "Abuse of authority or ultra vires acts , accompanied by acts of violence or the use of a weapon or by acts of torture and which harm the victim ’s personal dignity ,", "- shall be punished with deprivation of liberty for a period of DATE , and disqualification from occupying certain functions or engaging in certain activities for a period of DATE . ”", "Usurpation of the powers or title of a public official , and the carrying out of socially dangerous acts on that basis ,", "- shall be punished with deprivation of liberty for a period of DATE or with a fine of CARDINAL times the minimum salary . ”", "The Code of Ethics and Deontology for the Police was adopted on DATE ( Law no . CARDINAL , in force since DATE ) . According to that Code , it is prohibited to ill - treat and to tolerate or encourage ill - treatment and inhuman or degrading treatment or punishment “ regardless of the circumstances ” .", "At its thirtieth session ( DATE ) devoted to the consideration of reports submitted by GPE Parties to LAW and other Cruel , Inhuman or Degrading Treatment or Punishment , ORG examined the initial report submitted by GPE ( document CAT / C/CARDINAL/Add.CARDINAL DATE ) .", "In paragraph CARDINAL of that report ORG stated :", "“ Another example of illegal actions is the case of the citizen Paduret - a student at ORG in PERSON , evacuated to GPE - who was arrested by police and brought to the police station of the FAC district charged with committing an offence . He was beaten , tortured and later released . A case was brought by ORG , but it was filed and disposed of without informing the suspect . ORG made a complaint to ORG and the file was reopened , but the expedition of the file to the court is delayed . ”", "The relevant parts of the ORG report concerning its visit to GPE from DATE read as follows :", "“ CARDINAL . As indicated in paragraph CARDINAL above , in response to the deterioration in the situation , the delegation invoked Article CARDINAL , paragraph CARDINAL of the Convention to request the GPE authorities to carry out , without further delay , a thorough and independent inquiry into the methods used by operational police units throughout the country during the questioning of detained persons . In their letter dated DATE , the NORP authorities simply indicate that ‘ ORG declares that it is not aware of concrete cases of recourse to inhuman methods of interrogation of persons detained by the police’ and recalls the procedures in force in case of complaints of ill - treatment . Such a position is , in the view of the ORG , clearly untenable , considering all the information gathered during the DATE visit .", "With reference to LAW , the ORG urges the NORP authorities to carry out without delay the aforementioned investigation and to inform the ORG , within DATE of transmission of the report on the DATE visit , of the results thereof . ”", "The relevant parts of the response submitted on DATE by ORG to the DATE ORG report read as follows :", "“ CARDINAL . The ORG would like comments from the NORP authorities concerning the development of modern methods of investigation .", "In this respect , regretfully , no progress has been achieved .", "The ORG would like to obtain information on the progress achieved in drafting a Code of Deontology for the police .", "To our great regret , no progress was achieved in this respect . ”" ]

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[ "On DATE the GPE police carried out a search in a gambling house . The applicant was found in possession of , inter alia , a precious watch lacking an NORP stamp ( GPE ) . On DATE the police questioned the applicant , who stated that the watch had been pledged to him for gambling debts .", "On DATE the GPE police filed an information against the applicant on suspicion of receiving goods for which no import duties had been paid ( fahrlässige PERSON ) and handed the watch over to ORG ( PERSON ) , which ordered its seizure ( GPE ) with a view to its possible forfeiture ( PERSON ) . Subsequently , on CARDINAL DATE , a certain PERSON contacted ORG and claimed to be the owner of the watch . On DATE ORG received written submissions from the applicant who claimed that he had had no reason to suspect that no import duties had been paid on the watch .", "On DATE the applicant , represented by counsel , requested ORG to restore the watch to him . ORG did not react . A second request made on DATE was equally unsuccessful .", "On DATE ORG opened criminal proceedings against the applicant on suspicion of having negligently received goods for which no import duty had been paid .", "On DATE ORG issued a penal order ( Strafverfügung ) against the applicant finding him guilty of the above offence .", "On DATE ORG , upon the applicant 's objection ( PERSON ) , held a hearing , at the close of which it decided to discontinue the proceedings on the ground that it had not been proved that the applicant had acted negligently when he acquired the watch .", "Meanwhile , on DATE ORG had also opened criminal proceedings against PERSON on suspicion of evading import duties as regards the watch .", "On DATE ORG invited the applicant to join these proceedings as a private party ( Nebenbeteiligter ) . On DATE he was heard by ORG which refused to lift the seizure of the watch .", "On DATE ORG issued a penal order against PERSON It found him guilty of having evaded import duties as regards the watch and imposed a fine on him . Further , it ordered its forfeiture .", "On DATE ORG held a hearing , upon PERSON 's objection . At its close it found PERSON again guilty of evading import duties . It also confirmed the forfeiture of the watch .", "On DATE PERSON appealed against this decision . It appears that the applicant requested the restoration of the watch . CARDINAL DATE was fixed as a date for the appeal hearing . However , the hearing had to be postponed as the summons could not be served on E.W.", "On DATE ORG of ORG ) , after holding a hearing , partly upheld and partly dismissed PERSON 's appeal . It confirmed that he was guilty of evading import duties , but reduced the fine . It confirmed the forfeiture of the watch and stated that it took effect against the applicant . According to the relevant provisions of LAW ( Finanzstrafgesetz ) , ownership of forfeited items passes to the Federation when the forfeiture order becomes final and any rights of third parties are extinguished . The decision was served on PERSON and on the applicant on DATE .", "On DATE ORG ( Hauptzollamt ) , in so - called object liability proceedings ( Sachhaftungs - verfahren ) , issued a decision seizing the watch as a security for the payment of the import duties evaded by PERSON", "On DATE ORG issued a preliminary decision on the applicant 's appeal ( GPE ) . On DATE the applicant requested ORG to decide on his appeal .", "On DATE ORG quashed the decision of DATE . It found in particular that the watch at issue had already been seized by ORG on DATE in order to secure its possible forfeiture in the context of criminal proceedings against PERSON and the applicant . The watch had thereafter remained in the custody of ORG . Thus , there was no room for its renewed seizure in the context of object liability proceedings . The decision was served on the applicant on DATE .", "Under LAW ( Bundes - verfassungsgesetz ) ORG decides , inter alia , on applications ( Beschwerden ) in which it is alleged that the administrative authorities have breached their duty to decide .", "Article CARDINAL of LAW , in its relevant part , reads as follows :", "“ An action for breach by the administrative authorities ... of the duty to decide can be lodged by anyone entitled as a party in administrative proceedings to enforce that duty . An action for breach of the duty to decide is inadmissible in administrative criminal proceedings , except private prosecutions and prosecutions in respect of tax offences . ”", "Section CARDINAL of LAW ( Allgemeines Verwaltungsverfahrensgesetz ) deals with the administrative authorities ' duty to decide . Its relevant part reads as follows :", "“ ( CARDINAL ) Subject to any contrary provision in the administrative regulations , the authorities must give a decision on applications by parties ... and appeals without unnecessary delay and at DATE after the application or appeal has been lodged .", "( CARDINAL ) If the decision is not served on the party within this time - limit , jurisdiction will be transferred to the competent superior authority upon the party 's written request . ... ”", "In proceedings under LAW an application for transfer of jurisdiction to the superior authority is excluded .", "The relevant provisions of LAW ( PERSON ) relating to the application against the administration 's failure to decide read as follows :", "“ An application under LAW for breach of the duty to decide ( application against the administration 's failure to decide ) can be lodged only when the highest authority to which an application can be made in administrative proceedings , either by way of an appeal or an application for transfer of jurisdiction , ... has been applied to by a party and has not made a decision on the matter within DATE . ... ”", "“ ( CARDINAL ) On an application against the administration 's failure to decide under LAW of LAW the relevant authority is to be ordered to give a decision within DATE and either produce to ORG a copy of the decision or state why in its opinion there has not been a breach of the duty to decide . The time - limit can be extended once if the administrative authority can show that there are relevant reasons why it is impossible to reach a decision within the prescribed time - limit . If a decision is made within the prescribed time - limit , the proceedings in respect of the application against the administration 's failure to decide shall be stayed . ”", "“ ( CARDINAL ) Subject to any contrary provision of LAW , the ORG shall give a judgment in all cases .", "...", "( CARDINAL ) In respect of applications under LAW , ORG may initially limit its judgment to a decision on specific relevant points of law and order the authority to make a decision consistent with the determined points of law within a specified time - limit which must not exceed DATE . If ORG does not use that possibility or the authority in question fails to comply with the order , the ORG shall rule on the application against the administration 's failure to decide by giving a judgment on the merits , for which it shall have full discretion in the administrative authority 's stead . ”", "According to ORG judgment of CARDINAL DATE ( published in the official collection of that court 's decisions , PERSON ) , ORG may receive applications against the administration 's failure to decide under LAW , taken in conjunction with section CARDINAL of LAW , also where an authority of first instance has failed to give a decision within the statutory DATE time - limit , provided that no other remedy ( such as a request for a transfer of jurisdiction ) lies against the failure to decide .", "According to statistical information provided by the ORG , DATE and DATE , ORG dealt with a total of CARDINAL applications against the administration 's failure to decide .", "In PERCENT of the cases ( CARDINAL out of CARDINAL ) , the proceedings resulted in the respondent authority giving a decision within DATE from the time the application was lodged with ORG . ORG took DATE to issue the order to the respondent authority to give the decision within a DATE time - limit ( section QUANTITY of LAW ) . In these cases , the proceedings before ORG were discontinued , either because the applicant 's claim had been satisfied ( CARDINAL out of CARDINAL cases ) or because the applicant , having achieved his aim , withdrew the action ( CARDINAL out of CARDINAL cases ) .", "In PERCENT of the cases ( CARDINAL out of CARDINAL ) , the respondent authority failed to comply with ORG order and ORG had itself to give a decision on the merits under section CARDINAL § CARDINAL of LAW . It did so after an average duration of the proceedings before it of DATE and DATE .", "PERCENT of the cases ( CARDINAL out of CARDINAL ) were rejected by ORG for lack of jurisdiction or on other grounds of inadmissibility ." ]

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[ "The applicant was born in DATE and lives in Monastyryshche , ORG region , GPE .", "On DATE , following complaints by several persons about the applicant , the local police launched an investigation into alleged fraud . The relevant decision begins as follows : “ CARDINAL to CARDINAL [ the applicant ] , as the head of [ a private company , N. ] , received money from [ the listed persons ] under the pretence [ that she would provide them with ] employment abroad , swindling and abusing their confidence , [ ... ] ” .", "Officially the applicant was not charged and participated in the proceedings as a witness . However , according to her , by DATE she had participated in a number of confrontations with victims . Furthermore , on DATE her house had been searched by the authorities .", "From DATE to CARDINAL DATE the investigation was stayed CARDINAL times due to the applicant ’s illness . Apparently no other investigative steps were taken during this period . Subsequently , it was held by ORG that the reasons relied on by the investigator in his relevant decisions to stay the proceedings during this period could be applied to an accused only .", "On DATE the police instituted CARDINAL sets of criminal proceedings against the applicant on suspicion that she had committed abuse of authority and forgery . Subsequently other sets of proceedings which had been instituted against the applicant on the related charges were joined to the main proceedings ; the latter eventually incorporated CARDINAL sets with a total of CARDINAL counts .", "The applicant continued to be interrogated as a witness up to CARDINAL DATE when she was formally charged and gave a written undertaking not to abscond .", "By DATE the investigation was completed and the case was transferred to ORG ( “ the ORG ” ) .", "On DATE the preliminary court hearing was held .", "On DATE the applicant was arrested .", "On DATE the investigator issued an attachment order over the applicant ’s car and other items of property .", "DATE ORG ordered the applicant ’s detention on remand . Subsequently , on DATE ORG of Appeal quashed this order and the applicant was released .", "On DATE ORG remitted the case for additional investigation .", "On DATE the investigator ordered a forensic technical examination of a document in the case . The expert report was completed by DATE .", "From DATE to CARDINAL DATE the investigation was stayed because of the applicant ’s illness . Nevertheless , within this period the domestic authorities carried out additional forensic technical examinations and applied to the NORP authorities for legal assistance . The expert report was completed within DATE and the international letter rogatory was executed within DATE .", "By DATE the additional investigation was completed and the case was transferred to ORG .", "On DATE the preliminary court hearing was held .", "On DATE the prosecutor dropped the charges against the applicant on CARDINAL counts as her guilt had not been proven .", "On DATE ORG remitted the case for an additional investigation .", "On DATE ORG of Appeal quashed this decision and remitted the case to the first - instance court for fresh consideration .", "From DATE to CARDINAL DATE the proceedings were stayed because of the applicant ’s illness . The relevant court decisions stated that the proceedings had been stayed and eventually resumed upon the applicant ’s requests . These decisions were not subject to appeal .", "On DATE the prosecutor dropped the charges against the applicant on CARDINAL further counts as the investigation had been conducted in breach of the rules of criminal procedure .", "The proceedings are still pending before ORG . In addition to CARDINAL hearings held DATE and DATE , CARDINAL were cancelled due to the prosecutor ’s and judge ’s illness or prior engagements , CARDINAL due to the GPE and witnesses’ failure to appear before the court , and CARDINAL due to the applicant ’s counsel ’s failure to appear before the court . Once , on DATE , none of the participants mentioned attended the court hearing . In view of the parties’ ( victims and witnesses especially ) systematic failure to appear before it , on CARDINAL occasions ORG ordered their attendance at the court hearings to be secured by the police .", "During the proceedings against her , the applicant complained to different ORG authorities about the length thereof , but to no avail .", "According to a letter of DATE from ORG , DATE the applicant underwent in - patient medical treatment , namely , from DATE , from CARDINAL to DATE and from DATE , and from CARDINAL to DATE .", "According to the applicant , her written undertaking not to abscond and the attachment order of DATE are still in place ." ]

[ "13", "6" ]

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[ "The applicant , Mr PERSON , is a NORP national , who was born in GPE in DATE and lives in GPE . He is represented before the ORG by Mr. PERSON , a lawyer practising in GPE . The respondent Government are represented by their Agent , PERSON , PERSON , of ORG .", "The facts of the case , as submitted by the parties , may be summarised as follows .", "In DATE the applicant , who was then a NORP national , was compelled to forced labour by the NORP authorities . In DATE he was transferred to the east front , where he carried out forced labour for the NORP army . In DATE he was captured by the NORP army and detained as a prisoner of war until DATE . In DATE he entered the territory of GPE and obtained NORP citizenship in DATE .", "In DATE ORG ( Regierungs - präsident ) granted the applicant compensation for the deprivation of liberty for the period of DATE to DATE pursuant to section CARDINAL of LAW Persecution ( Bundesentschädigungsgesetz ) , hereinafter referred to as LAW . On DATE ORG Versorgungsamt ) rejected the applicant ’s request for benefits for the damages caused to his health .", "On DATE the ORG confirmed this decision . It based its decision on internist , orthopaedic and neurological expert opinions stating that the damages caused by the forced labour and the detention as a prisoner of war amounted only to a reduction of the ability to work ( GPE PERSON ) of PERCENT .", "In DATE the applicant requested a pension pursuant to section CARDINAL of LAW on ORG ) , hereinafter referred to as LAW ( see “ Relevant domestic law ” below ) . The applicant submitted that he had performed forced labour for the NORP army . On DATE ORG rejected his request , finding that the applicant had not performed a military or quasi - military service while he was subjected to forced labour .", "On DATE ORG rejected the applicant ’s claim . On DATE the GPE Social Court of Appeal confirmed this decision , refusing the applicant leave to appeal . On DATE ORG dismissed the applicant ’s complaint against the refusal of leave to appeal as inadmissible .", "On DATE the applicant filed a request for a pension based on a different provision of LAW , namely section CARDINAL . On DATE ORG rejected his request stating that the applicant ’s forced labour could not be likened to military or quasi - military service . ORG elaborated that section CARDINAL of LAW was supposed to complement the definitions of the terms “ military or quasi - military service ” in sections CARDINAL , CARDINAL and DATE , but was not meant to extend that provision ’s scope . On DATE ORG dismissed the applicant ’s objection .", "On DATE the applicant brought an action in ORG . On DATE the court rejected the applicant ’s action . It stated that the decision whether the applicant had performed a military or quasi - military service within the meaning of section CARDINAL of LAW was a discretionary decision ( GPE ) to be taken by ORG . The court went on to say that it could only review if ORG had exceeded or misused its margin of discretion ( PERSON oder PERSON ) . The court found that there had been no such error in the exercise of ORG discretion . Referring to the case - law of ORG the court confirmed that the forced labour carried by the applicant was not similar to the military or quasi - military service mentioned in sections CARDINAL , CARDINAL and CARDINAL of LAW . The court found that the applicant ’s forced labour therefore fell rather within the ambit of LAW , but not within the scope of LAW . The court noted in this respect that the applicant had already received compensation for the forced labour under LAW .", "On DATE the applicant lodged an appeal with the North - Rhine Westphalia Social Court of Appeal . ORG ( “ FRG ” ) was summoned as an interested party to those proceedings ( beigeladen ) . ORG , which represented the ORG in those proceedings , submitted by letter of DATE that the applicant might be entitled to benefits under LAW ( CARDINAL ) of LAW , since the applicant fell within the scope of the circular of DATE .", "By letter dated DATE ORG informed ORG that ORG had consented to the grant of benefits CARDINAL of LAW . However , ORG pointed out that medical examinations of the applicant were necessary in order to determine the nature and the extent of benefits .", "ORG therefore examined whether the applicant ’s ability to work had been reduced . On DATE the court therefore ordered the taking of orthopaedic and internist expert opinions . On DATE ORG ordered a neurological expert opinion to be taken as well . The medical examinations took place in DATE and DATE . On DATE ORG conducted a hearing . On DATE the court ordered an additional orthopaedic expert opinion to be taken . On CARDINAL DATE the court changed the expert who should perform the examinations . On DATE , upon the applicant ’s request , the court ordered an additional neurological expert opinion to be taken at the applicant ’s expense .", "On DATE the applicant and ORG concluded a friendly settlement before ORG . It stipulated that the applicant was to receive a pension pursuant to LAW assuming a reduction of PERCENT of his ability to work .", "The pension was awarded retrospectively , beginning DATE .", "Section CARDINAL of LAW provides relief for the victims of war whose health or financial standing have been adversely affected by the performance of military or a quasi - military service or by an accident that occurred during the performance of such service . Sections CARDINAL , CARDINAL and CARDINAL of LAW define the term “ military ” or “ quasi - military service ” .", "If , however , an individual does not qualify under LAW , because he did not perform military or quasi - military service within the meaning of sections CARDINAL , CARDINAL and CARDINAL of LAW , section CARDINAL provides for an exception . It reads as follows :", "“ With the consent of ORG , a military or quasi - military service or direct consequences of war may be recognised in other particular well - founded cases not covered under sections CARDINAL , CARDINAL and CARDINAL . ”", "If those requirements are not met , LAW ( CARDINAL ) of LAW provides for a further exception , which reads as follows :", "Should particular hardships arise in other cases due to the provisions of this LAW , compensation may be awarded with the consent of ORG .", "In a circular dated DATE ORG decided , within the scope of discretion granted to it under LAW ( CARDINAL ) , that compensation of this nature may also be granted to LANGUAGE - speaking NORP from LOC and to persons persecuted under the NORP regime , if their military service was completed in a foreign army ." ]

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[ "The applicant was born in DATE and is currently detained in Batman “ E ” Type Prison .", "The facts of the case , as submitted by the parties , may be summarised as follows .", "On DATE the applicant was arrested in GPE on suspicion of membership of an illegal organisation , namely the ORG . CARDINAL German PERSON and MONEY in cash were found in his possession . During his questioning at ORG , the applicant stated that he had joined the ORG in DATE and that the money found in his possession at the time of his arrest had been given to him by the ORG to obtain a false passport . He also added that he had been trained in GPE and that he had carried out activities on behalf of the ORG in GPE , the GPE and GPE .", "On DATE the applicant ’s detention period was extended for DATE with the permission of the public prosecutor at ORG .", "On DATE the applicant was handed over to ORG in whose jurisdiction the applicant had allegedly committed a number of offences . On DATE the PERSON public prosecutor authorised the applicant ’s detention for DATE .", "On DATE a statement was taken from the applicant by the Siirt Police . The applicant reiterated the confessions he had made in his statement at ORG .", "The applicant was subsequently handed over to the Batman Police in whose jurisdiction he had allegedly carried out certain illegal activities . On his arrival in Batman the applicant was given a medical examination by a doctor . No signs of ill - treatment were observed on his body according to the medical report drawn up on DATE .", "On DATE , at the request of the Batman public prosecutor and without the applicant being brought before him , a judge at ORG authorised the applicant ’s detention until DATE .", "On DATE a statement was taken from the applicant by the Batman Police . The applicant gave a detailed account of his involvement within the NORP and of the activities he had carried out on behalf of that organisation . He further described the structure of the ORG in detail .", "On DATE the applicant gave a statement before the Batman public prosecutor . He maintained that his police statements were correct and that he had nothing to add to them .", "On DATE the applicant was taken before ORG and subsequently remanded in detention .", "On DATE the public prosecutor filed an indictment with ORG against the applicant and requested the court to sentence him pursuant to LAW and LAW .", "In the proceedings before ORG , which was composed of CARDINAL judges including a military judge , the applicant mainly repeated the statements he had made to the police .", "In a supplementary indictment submitted to the trial court on DATE , the prosecutor accused the applicant of carrying out activities aimed at breaking up the unity of the ORG and removing part of the national territory from the ORG ’s control . He requested the court to sentence the applicant in accordance with LAW .", "On DATE ORG found the applicant guilty as charged and sentenced him to the death penalty under LAW of LAW . Taking into account the applicant ’s good conduct during the trial , the death penalty was commuted to a life sentence .", "NORP The applicant ’s appeal against the judgment was rejected by ORG on DATE .", "A full description of the relevant domestic law may be found in PERSON v. GPE ( no . CARDINAL/CARDINAL , § § DATE , DATE ) and PERSON GPE ( no . PERSON , § § CARDINAL - CARDINAL , DATE ) ." ]

[ "5", "6" ]

[ "5-3", "6-1" ]

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[ "The applicant , Mr PERSON , is a NORP national who was born in DATE and lives in PERSON . He is represented before the Court by Ms PERSON , PERSON at ORG and GPE . The respondent Government are represented by their Agent , Mr PERSON of ORG .", "The facts of the case , as submitted by the parties , may be summarised as follows .", "The applicant is an owner of real properties LOC : o CARDINAL:CARDINAL and PERSON : o CARDINAL in the municipality of ORG , which lies in GPE . He acquired the plots of land in DATE and DATE , respectively . The properties included water areas in LOC , which is a border river between GPE and GPE , and its lower course is located in NORP territory . The applicant is resident in PERSON , a town situated outside the LOC valley .", "Since DATE GPE and GPE have concluded treaties on fishing in the fishing area ( in NORP “ kalastuspiiri ” , in NORP “ fiskeområde ” ) of LOC . LAW currently in force was concluded on DATE ( LAW on the Mutual Fishing Regulations regarding LOC of LOC , “ the DATE LAW ; sopimus PERSON kalastuspiirin yhteisestä kalastussäännöstä , överenskommelsen angående gemensam fiskeristadga för Tana älvs fiskeområde ; Finnish Treaty Series no . CARDINAL ) , and it was adopted by LAW of DATE ( Act no.CARDINAL/CARDINAL ) . The LAW was accompanied by LAW ( kalastussääntö , fiskeristadgan ) of LOC ( “ the Fishing Regulation ” ) . LAW and LAW were incorporated into NORP law by an Act enacted according to the order prescribed for the enactment of constitutional legislation . They entered into force on DATE .", "Under LAW its aim is to protect and maintain the natural stocks of anadromous salmonoids ( salmon , sea trout and LOC sea char ) and freshwater fishes , so as to preserve local biodiversity and natural productivity . ORG is applicable to those parts of the Teno , ORG and LOC which belong to GPE and constitute part of the border between GPE .", "The rights of ownership and the fishing rights in LOC are arranged differently in the CARDINAL countries : the NORP parts of the LOC waters are mainly privately owned by partnership of joint owners , and each joint owner of fishing waters is entitled to pursue fishing up to the extent of his share in the joint fishing waters . In GPE , fishing rights are based on the use of land , and the NORP parts of LOC are owned by the ORG .", "According to ORG persons who have fishing rights in their capacity as owners of the water area and who have a permanent residence in the LOC valley , are in a privileged position compared to those land owners who live outside the river valley with respect to the price of the fishing licence and the fishing equipment allowed .", "In DATE the Act on Compensation for ORG by LAW and by the corresponding Fishing Regulation entered into force ( “ the DATE LAW ” ; laki Tenojoen kalastussääntöä koskevan sopimuksen ja kalastussäännön eräiden määräysten aiheuttamien menetysten korvaamisesta , lag om ersättande av förluster på grund av vissa bestämmelser i överenskommelsen angående fiskeristadgan för Tana älv och i den därtill anslutna fiskeristadgan ; Act no . CARDINAL/CARDINAL ) . Under the said LAW holder of fishing rights shall be paid full compensation for any losses that are caused by LAW or the accompanying Fishing Regulation and prevent him from using his fishing rights . Corresponding compensation is also paid for losses caused by the previous Treaties .", "Apparently a redemption procedure prescribed in the DATE LAW for the determination of compensation for the losses caused to the applicant was initiated on DATE before ORG ( maanmittaustoimisto , lantmäteribyrån ) . The procedure is still pending . According to the Government the proceedings were suspended because , inter alia , the shareholder lists for the fishing places outside the reparcelling unit have not yet been confirmed .", "On DATE the applicant fished with a rod and artificial lure in his waters , without having paid for the fishing licence required for those who were not resident in the LOC valley .", "On DATE the public prosecutor preferred charges against the applicant for fishing in violation of the DATE LAW , ORG and LAW ( kalastuslaki , lag om fiske ) as the applicant had been fishing without a required fishing licence and had used a prohibited lure .", "On DATE the GPE ORG ( käräjäoikeus , tingsrätt ) convicted him of breaching LAW , LAW and LAW and ordered him to pay DATE - fines . It found that the fishing restrictions were not in breach of the applicant ’s right to use his property , given that ORG had been adopted in order to safeguard future fish stocks and the rights and culture of the local residents . It further ruled that any losses caused by the fishing restrictions could be compensated under LAW .", "The applicant appealed to ORG ( hovioikeus , hovrätt ) of PERSON , claiming that the restrictions on fishing based on residence violated his right to use his possessions and his freedom of movement and were furthermore discriminatory . He further alleged that the compensation provided by LAW was meaningless as the compensation proceedings had already begun on DATE but were still pending .", "On DATE ORG issued its judgment , rejecting the applicant ’s appeal . It found that the provisions of ORG and LAW were not in obvious conflict with LAW ( NORP perustuslaki , PERSON grundlag ) within the meaning of section CARDINAL of the LAW , and therefore found that they were applicable . It concluded that the impugned provisions of LAW and ORG did not violate the applicant ’s right to use his possessions , nor his freedom of movement .", "On DATE the applicant applied to ORG ( korkein oikeus , högsta domstolen ) for leave to appeal , complaining , inter alia , that the domestic courts had not taken into account the requirements of section CARDINAL of the LAW , namely the direct applicability of fundamental rights . He further claimed that LAW and ORG had entered into force in GPE before the ORG and thus the said provisions should not have been applied , as they were contrary to Convention rights .", "On DATE ORG refused the applicant leave to appeal .", "According to LAW of DATE ( NORP hallitusmuoto , NORP för GPE ; Act no . CARDINAL ) as amended by Act no . CARDINAL , which entered into force on DATE , everyone was to be equal before the law and his or her property was to be protected ( sections CARDINAL and CARDINAL ) . A judge or other officer was under an obligation not to apply a provision in a decree which conflicted with constitutional or other Acts of ORG ( section CARDINAL , subsection CARDINAL ) . The LAW has been incorporated into NORP law by an ORG with the status of ordinary law ( Act no . CARDINAL/CARDINAL ) .", "LAW ( “ Basic rights and liberties ” ) of LAW has been incorporated as such into LAW ( Suomen perustuslaki , GPE grundlag ; Act no . CARDINAL/CARDINAL ) , in force as of DATE . Equality and property rights are guaranteed under sections CARDINAL and CARDINAL . Under the current LAW a court of law must give precedence to a provision therein if the application of a provision of ordinary law was in obvious conflict with LAW ( section CARDINAL ) . If a provision in a decree or any other statute of lower rank than an Act of ORG is in conflict with the LAW or ordinary law , that provision shall not be applied by a court of law or any other public authority ( section CARDINAL ) .", "According to LAW its aim is to protect and maintain fish stocks in LOC . Under LAW anyone who intends to fish on the parts of the Teno , ORG and LOC constituting part of the border between GPE and GPE shall pay a fishing licence before fishing . Persons who live permanently in the river valley shall pay MONEY ( ORG ) per calendar DATE . This also applies to persons who have inherited their fishing rights directly from a person who resided permanently in the LOC valley . Those who do not have a residence in the river valley shall pay ORG DATE for a fishing licence , depending on the area .", "Section CARDINAL prescribes that local residents are also in a privileged position compared to others with respect to the methods they are allowed to use for fishing : they are entitled to use , subject to the restrictions laid down in the Regulation , barriers with bag nets , barriers with baskets , stationary nets , surrounding nets , seines , and rods and lures for catching salmon . Other persons may fish only with rods and lures , with the exception of those who have inherited the fishing rights . Such persons are , irrespective of their permanent place of residence , entitled to use barriers with bag nets , barriers with baskets , surrounding nets , stationary nets and seines .", "ORG further prescribes that only boats owned by local residents may be used for fishing ." ]

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