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75. The applicant pointed out that his tax case, which concerned the assessment year 1994 and thus his income during 1993, was examined by the first-instance court on 7 December 2001 and was still pending. He submitted that a “reasonable time” within the meaning of Article <mask> of the Convention had been exceeded, e... | 9 |
11. The Government indicated two recent decisions of the Constitutional Court of Bosnia and Herzegovina (“the Constitutional Court”) finding violations of Article <mask> of the Convention and Article 1 of Protocol No. 1 to the Convention in circumstances similar to those in the present case (decision no. CH/03/10999 o... | 9 |
23. The applicant complained about the unfairness of the proceedings, the infringement of his defence rights and the lack of equality of arms. He alleged that he had not been given sufficient access to the case file and had been prohibited from taking and retaining his notes. Further, he could not make use of his note... | 9 |
31. The applicant complained under Article <mask> of the Convention that the proceedings before the Supreme Court were unfair. In particular, he argued that the principle of equality of arms had been violated as he had not been given an opportunity to comment on the company's appeal on points of law and the public pro... | 9 |
93. The applicant complained under Article <mask> of the Convention that, as a result of the inadequate criminal investigation into the murder of his son, he had no access to court to bring civil proceedings against the perpetrators, who have remained unidentified. He further argued that the inadequacy of the investig... | 9 |
65. The Government disputed the applicant's submissions and argued that the criminal proceedings in his respect had been fully compatible with the requirements of Article <mask> of the Convention. They argued that the retrial of the case by the Supreme Court and the reversal of the Court of Appeal's judgment in the ap... | 9 |
50. The Government further argued that Article <mask> of the Convention did not guarantee the accused an unlimited right to secure the appearance of witnesses in court. It was sufficiently proved by expert opinions that putting questions to the victim in the courtroom would have damaged the victim and would have thus ... | 9 |
24. The applicant further complained about various breaches of Article <mask> of the Convention during the criminal proceedings against him. In the light of all the material in its possession and in so far as the matters complained of are within its competence, the Court considers that these grievances do not disclose... | 9 |
63. The applicants also complained under Article <mask> of the Convention that the Administrative Court had lacked independence and impartiality since it had failed to apply the law and to evaluate the evidence correctly. Besides, the applicants had been denied access to a court as the Court of Cassation had failed to... | 9 |
37. The Government argued that there had been no violation of the applicant company’s right of access to a court guaranteed under Article <mask> of the Convention. They submitted that although the applicant company had been given the opportunity to submit evidence in favour of its claims before the domestic courts, it ... | 9 |
70. The Government considered that the requirements of Article <mask> of the Convention had been complied with in the present case. The case had been examined by independent and impartial courts, which had given fully reasoned judgments in accordance with the law. The Government considered that the proceedings had not... | 9 |
45. The Government submitted that the applicant had failed to exhaust the domestic remedies available to her, as required under Article 35 § 1 of the Convention. They argued that she had not raised before the domestic courts, even in substance, specific allegations regarding the unfairness of the lustration proceeding... | 9 |
45. The Government considered that there was no causal link between Mr Shaykhatarov’s claims in respect of pecuniary damage and the violation alleged. They further submitted that the applicants’ claims in respect of non‑pecuniary damage were excessive and unreasonable. In any event, the Government considered that the ... | 9 |
94. The Government submitted that the applicant’s grievances, except for those concerning legal assistance relating to the appeal in 2004, were either unsupported by evidence or unfounded. They considered that, in any event, all alleged shortcomings should have been definitely remedied in the new appeal proceedings in... | 9 |
30. The applicants argued that they had been deprived of a fair trial on account of the lack of independence of the trial court. They contended that the relevant legislation on the status of assessors had not met the standard of “independent tribunal” required under Article <mask> of the Convention. They supported thi... | 9 |
39. The Government submit that in the proceedings before the Review Chamber on the applicant’s request for release from detention on remand, oral hearings were held in which the applicant, assisted by counsel, and the Public Prosecutor participated. The applicant had therefore the opportunity to reply to the submissio... | 9 |
22. The applicant alleged under Article <mask> of the Convention that he had been denied a fair hearing. In this respect, he argued that the trial court lacked independence and impartiality, that his request for an additional expert report on the condition of his hand had been refused, and that he had not been given a... | 9 |
33. The applicant complained under Article <mask> of the Convention and Article 1 of the Protocol No. 1 that the supervisory review decision of 10 August 2001 violated the principle of legal certainty. The applicant further complained under Article 6 of the Convention that in breach of the right to a fair and public h... | 9 |
37. The applicant submitted that the length of the confiscation proceedings breached the reasonable time requirement under Article <mask> of the Convention. While he accepted that the case was reasonably complex, as evidenced by the number of hearings, and that some delay between each stage of the proceedings was unav... | 9 |
12. The applicants complained that they had been denied a fair hearing by an independent and impartial tribunal on account of the presence of a military judge on the bench of the İzmir State Security Court which tried and convicted them. They maintained that the domestic court relied on statements given by them under ... | 9 |
101. The Government were of the opinion that there was no violation of Article <mask> of the Convention, as the domestic courts had acted with due diligence and expediency. They argued that responsibility for the overall length of the divorce proceedings should be attributed to the applicant and his wife. They conside... | 9 |
48. The applicant alleged that the domestic courts had breached Article <mask> of the Convention (the right to a fair hearing) by not allowing him to prove his allegations. He also relied on Article 11 (freedom of association). However, the Court considers that, although these complaints are admissible, in the light ... | 9 |
51. The Government considered that the applicant company had not submitted sufficient arguments in respect of this complaint and asked the Court to reject it, given also that no violation of its rights under Article <mask> of the Convention had taken place. They also referred to the power of the higher courts to verif... | 9 |
96. The applicant argued that the Court’s case-law guaranteed strong protection to the freedom of expression of lawyers, who played a key role in the administration of justice and the upholding of the rule of law, with any restriction having to remain exceptional. Such protection could be explained by two reasons: fir... | 9 |
15. The applicants complained that they had been denied a fair hearing on account of the presence of a military judge on the bench of the Istanbul State Security Court which tried and convicted them and that they were convicted solely on the basis of their statements in police custody. They relied on Article <mask> of... | 9 |
155. The Government invoked a constitutional complaint under Article 131 of the Constitution, which allows individuals to lodge a complaint with the Constitutional Court if and when they allege a breach of Article <mask> of the Convention. Such a complaint will be considered by the Constitutional Court only after the ... | 9 |
31. The Government of Cyprus noted that Turkey had failed to indicate the precise remedies which were, in theory and practice, available to the applicants. In any event, given the existing legal and political context, it would have been unrealistic to expect the parents of Stelios Kalli Panayi “to seek justice at the ... | 9 |
31. The applicants complained that the charges against them, which they argued to be criminal within the meaning of Article 6, had been examined by a justice of the peace instead of a district court as provided by the domestic law. They argued that even though they had not raised this issue before the domestic courts,... | 9 |
31. The applicant complained under Article 6 §§ 1 and 3 (b) and (c), Articles 13 and 14 of the Convention that the supervisory review proceedings had been unfair, that he had not been brought to the hearings on 2 July 2001 and 2 December 2002, that he had not been able to submit his arguments and that he had not had s... | 9 |
101. The applicant submitted that there had been no prosecuting party in the administrative-offence proceedings against her. The police officers who had drawn up the administrative-offence report had not been present at the hearings and, in any event, it was not their role to support charges against the accused. In th... | 9 |
44. The applicant submitted that his detention had been devoid of any legal basis after 29 September 2010, as the sentence imposed by the Supreme Court on 20 February 2008, providing for a starting date fixed at the date of commission of the second crime, had expired. He maintained that his detention beyond that date ... | 9 |
109. The Government submitted that the applicant had been afforded an opportunity to study the case file in its entirety, including audio and video tapes and physical evidence, both after the termination of the investigation and later in the course of the trial. However, since the applicant and his lawyer had been unr... | 9 |
17. The applicant complained about the annulment of his driving licence. He relied on Article <mask> of the Convention. The Court considers that the application may raise an issue under Article 7 of the Convention. It reiterates that it is master of the characterisation to be given in law to the facts and as it could ... | 9 |
23. The applicants argued that in the absence of a prosecuting party, the trial judges had taken the role of the prosecution. In particular, they had read out the administrative-offence records, which could be considered as bills of indictment. The domestic courts had therefore not been “impartial” within the meaning ... | 9 |
87. The Government argued that the report concerning the discovery of an offence while being committed did not constitute the sole evidence on which the applicant’s conviction had been based, so the fact he had not had legal assistance at the relevant stage in the proceedings did not entail a violation of Article <mas... | 9 |
38. The applicants submitted that Article <mask> of the Convention applied in the case. They stated that the Supreme Court had found that the fines imposed on them were criminal penalties for the purpose of Article 6 of the Convention. This was undisputed between the parties. In this respect the applicants referred to... | 9 |
150. The applicant complained under Article <mask> of the Convention that the search of his flat had been unlawful. The Court notes, however, that there is no indication that the applicant challenged the search order in the national courts. It follows that this complaint must be rejected under Article 35 §§ 1 and 4 of... | 9 |
20. The Government submitted that the judgments of 19 December 2002, 9 June 2003, 16 February and 6 May 2004 had been enforced in full. They further submitted that the judgment of 25 October 2000 had been enforced in part and the judgments of 15 March and 26 August 2004 had not been enforced. They acknowledged that th... | 9 |
30. The applicant argued that the dispute before the domestic courts had raised an issue under EU law, which had to date not been decided by the CJEU. By arbitrarily refusing to refer questions to the CJEU for a preliminary ruling, the domestic courts had violated Article <mask> of the Convention. In addition, the dom... | 9 |
211. The applicants raised a number of other complaints alleging a breach of their Convention rights. In particular, they complained under Article 6 § 1 of the Convention that the proceedings against them had been excessively long; that the stipendiary judge, the lay judges and the court’s secretary had been partial; ... | 9 |
27. The applicant complained under Article <mask> of the Convention that the SJC was not an “independent and impartial tribunal” since the President of the SJC, who had been member of the Commission in his case, as well as the President of the Supreme Court, whose request had set in motion the impugned proceedings, ha... | 9 |
22. The Government disagreed. They essentially argued that the review request had been used in order to correct a judicial error and a miscarriage of justice, so as to ensure that the interests of the third party who was the real owner of the land were taken into account. They further stated that the review procedure ... | 9 |
11. The applicants complained that their right to a fair and public hearing under Article <mask> of the Convention was breached on two counts: firstly, they were never afforded an oral hearing in the determination of their compensation claim; secondly, they were never given an opportunity to reply to the public prosec... | 9 |
47. The Government failed to see a causal link between the alleged violation of Article <mask> of the Convention and the pecuniary damage alleged by the applicant. In that connection, they contended that the outcome of the criminal proceedings would have been no different had the applicant had the opportunity of takin... | 9 |
5. The Government further relied on the fact that, in further contrast to the Stran Greek case, the State was not itself directly party to the dispute which gave rise to the present case. This fact, again, is not in our view of central importance, the principle which precludes intervention by the legislature in pendin... | 9 |
29. The applicant complained under Article <mask> of the Convention that the court that had convicted him on 29 April 2002 had not been a “tribunal established by law” because it had been composed in breach of the relevant national rules. In particular, he alleged that the terms of office of the lay judges G. and Ka. ... | 9 |
53. The applicant also complained in substance under Article <mask> of the Convention that in the 2002 commercial court proceedings he had been ordered to prove the fault of the State officials for the damage sustained and that the domestic courts had designated the Ministry of the Interior as the respondent and then ... | 9 |
19. The applicant complained under Article <mask> of the Convention of a violation of her right to challenge the discontinuation of the investigation, since her complaint was examined in her absence on 9 November 2004, of the lack of a right to appeal against the decision of that date, and of the repeated discontinuat... | 9 |
46. The applicant alleged that, owing to the fact that she had not been properly served with the claim which had been brought against her, she had been deprived of any proper opportunity to participate in the proceedings. She also alleged that the reasoning of the domestic courts was arbitrary and insufficient. The Co... | 9 |
46. The Government contested the claim for pecuniary damage and pointed out that the present proceedings before the Court had only concerned the length of the administrative proceedings. There was no causal link between the damage suffered and the alleged violation of the “reasonable time” requirement under Article <m... | 9 |
52. The Government contended that the applicant’s telephone conversations had been tapped in the framework of the MIT’s counter‑intelligence activities as permitted by Article 4 of Law no. 2937. Article 6 of the said law permitted MIT members to carry out counter‑intelligence activities and granted them the rights and... | 9 |
79. The applicants complained under Article <mask> of the Convention that they had been convicted on the basis of search-and-seizure reports and video footage that did not reflect the truth. They had also been unable to challenge the veracity of the evidence, as the court had rejected their requests for an expert exam... | 9 |
37. The applicant maintained his complaint under Article <mask> of the Convention with regard to his conviction on the charge involving OZ, which he alleged had been brought about by the police. He argued that the decision of 16 November 2000 contained neither an acknowledgment of nor a redress for that violation of t... | 9 |
65. The applicant complained under Article <mask> of the Convention that he had been denied the right to a fair hearing in that the courts dealing with his case had lacked impartiality and had not given enough consideration to the facts in the applicant’s favour. He further complained of ill-treatment during his arres... | 9 |
43. The Government submitted that the first applicant was not precluded from lodging an appeal on points of law with the Court of Cassation but there was a certain procedure envisaged by the law at the material time which should have been respected by a person wishing to apply to this court. They argued that procedura... | 9 |
41. The Government submitted that the applicants’ request for reimbursement of the costs of proceedings had been examined at two levels of national jurisdiction, which provided the applicants with all procedural guarantees under Article <mask> of the Convention. In particular, the applicants had had access to court; t... | 9 |
40. The Government submitted that the applicant’s complaint could be examined in the light of Article 6 § 2 of the Convention. Accordingly, having regard to the fact that the applicant had been acquitted of all charges by the judgment of 11 January 2013, no separate issue would arise under Article <mask> of the Conven... | 9 |
56. The applicant complained that during his detention the police questioned him several times without a lawyer being present and the statements which he had made during those questionings had been used for his conviction. He also complained that lawyer S.’s advice had “worsened his situation”. He relied on Article <m... | 9 |
54. The applicant complained that the length of certain of the impugned sets of proceedings and the non-enforcement of final judgments in the other sets of proceedings had not complied with the “reasonable time” requirement under Article <mask> of the Convention. He further alleged that the T. company had been denied ... | 9 |
34. The applicant maintained that the Court of Appeal should have held an oral hearing since there were no exceptional circumstances which justified dispensing with a main hearing in the present case. He had insisted that an oral hearing be held in order to rehear the witnesses from the District Court and thereby clar... | 9 |
33. The Government argued that the applicant had never claimed compensation in respect of pecuniary or non-pecuniary damage in the proceedings against ATP-11. Thus, the proceedings had solely concerned his employment relations with the defendant and had not determined his “civil rights and obligations”. Consequently, ... | 9 |
74. The applicant complained under Article <mask> of the Convention that she had been denied access to a court on account of the unjustified refusal of the civil courts to examine her civil claim and the lengthy and ineffective pre-trial proceedings in the criminal cases. With reference to the above deficiencies, the ... | 9 |
23. The Government argued that the refusal of the Greek parliament to waive the immunity of M.A. did not raise any issues under Article <mask> of the Convention because it did not affect the applicant's civil rights. First, they argued that the applicant's behaviour showed that his purpose in joining the proceedings a... | 9 |
60. The applicant complained under Article <mask> of the Convention that the domestic courts had not ensured his attendance at the hearings in the proceedings concerning his complaint of lack of adequate medical assistance in Bayil Prison. He maintained that his presence would have been particularly important having r... | 9 |
42. The Government emphasised that Article <mask> of the Convention was directly applicable under Polish law and the applicant could, therefore, have relied on that provision before the Polish courts, complaining of a violation thereof in his case. However, in his appeal on points of law to the Supreme Court the appli... | 9 |
156. The applicant complained that he had not been given the time and facilities for the preparation of his defence, and had been unable to meet his lawyers in private and out of the hearing of the guards and to exchange documents with them. He relied in this connection on Article <mask> of the Convention, which, in s... | 9 |
49. The Government submitted that the right of access to court was not absolute and was subject to regulation by the State. Thus, the fact that a special judicial remedy was not provided did not imply that the provision had been violated. The Government submitted that the person exercising parental authority could obj... | 9 |
16. The Government submitted that the judgment of 24 July 2000 had been fully enforced on 12 May 2005. They conceded that the delay in the enforcement of that judgment was not compatible with Article <mask> of the Convention. At the same time they considered that as far as the judgment of 24 July 2000 had been enforce... | 9 |
112. The applicant further complained, without referring to any specific provision of the Convention, that his detention from 16 July to 5 November 2008 had been unlawful. He additionally complained under Article <mask> of the Convention: that his lawyers had not duly performed their duties; that the courts dealing wi... | 9 |
32. The applicant further complained under Article 6 § 1 that judge S. was biased and that the proceedings concerning her motion of bias against him were unfair. The Court notes, however, that the Salzburg Regional Court, on 16 December 1999, in any way, found that the judge S. was biased and that the proceedings were... | 9 |
21. The applicant, for his part, disputed the Government's contention. In his submission, either the court responsible for the execution of sentences was not a court – in which case there had been a wholesale breach of all human rights – or it was bound to comply with the obligations imposed by statute and the convent... | 9 |
57. The applicant was arrested and placed in police custody on 21 June 2006, in accordance with a search order based on the suspicion that he had committed the murder mentioned above (see paragraphs 8 and 9 above). On the same day the applicant was informally questioned by Officers Z.K. and V.V. in relation to that mu... | 9 |
259. The applicant did not specify in the application form with which other complaint or complaints he intended to link his complaint under Article 18. His observations do not clarify the matter either. In such circumstances, given that the complaint under Article <mask> of the Convention is the main complaint in the ... | 9 |
27. The Government submitted that, following the referral of the case to the Court of Cassation, it would have been open to any party to the proceedings to obtain from the court's registry any information regarding the state of proceedings. When the applicant became aware of the advisory opinion of the principal publi... | 9 |
25. The applicant complained of the excessive length of the criminal proceedings against him. He further argued that the proceedings had been unfair in that he had not benefited from legal assistance during the preliminary investigation stage, could not cross-examine the witnesses against him during the trial and had ... | 9 |
70. The applicants complained of the fact that the Tax Authority's decisions concerning additional taxes and tax surcharges had been enforced prior to a court determination of the disputes. In particular, they maintained that the tax assessment proceedings had not been determined within a reasonable time and they had ... | 9 |
69. The applicant complained that in the second set of contempt of court proceedings the Constitutional Court had not been impartial because one of the judges, Judge J.Z., was married to a judge that had taken part in the decision on the applicant’s appeal (see paragraph 22 above). The applicant relied on Article <mas... | 9 |
32. The applicant complained that his appeal had not been examined on the merits, given that the Court of Appeal had wrongly considered it as submitted out of time. He also complained that his case had not been heard within a reasonable time. The Court considers that these complaints fall to be examined under Article <... | 9 |
47. The Government noted that although the applicant had complained to the Supreme Court of a lack of reasoning in the decisions in his case he had not done so before the Constitutional Court or the Court. They therefore invited the Court to declare that complaint inadmissible for failure to exhaust domestic remedies.... | 9 |
69. The Government also objected that, as far as the Hague Convention proceedings were concerned, the applicant had failed to comply with the requirement of exhaustion of domestic remedies under Article 35 § 1 of the Convention, especially in so far as he was complaining under Article <mask> of the Convention about th... | 9 |
33. The Government first objected that Article 6 § 1 of the Convention was not applicable. In particular, the applicant was a professional soldier and participated in the exercise of public power in that capacity. He had been fined under the Military Service Act 1997 for his failure to observe military discipline. Sim... | 9 |
50. The applicant, relying on Article 14 taken in conjunction with Article <mask> of the Convention, alleged that, in his position of insolvency administrator of the company, he was an impecunious litigant and was discriminated against compared to a litigant with sufficient financial means. He submitted that an impecu... | 9 |
28. The applicant contested those arguments. His submissions, insofar as relevant to the complaints declared admissible, may be summarised as follows. The judgment of 5 December 1997, as upheld on 16 January 1998, remained unenforced due to the negligence of the bailiffs. On 18 December 1997, upon the applicant's requ... | 9 |
46. The applicant also complained that the proceedings had not been completed within a reasonable time, contrary to the requirement of Article <mask> of the Convention. Relying on Article 7 of the Convention, she complained that she had been expelled and banned from re-entering Turkey on account of her religious activ... | 9 |
62. The applicant submitted that the domestic law did not provide for any algorithm on how stakeholders and judicial authorities should act in situations where it was impossible to restore a lost case file. For the applicant, the appropriate course of action would be either a new investigation and trial or a review of... | 9 |
23. The Government submitted that delays in the enforcement proceedings had been caused by Mrs H. who had repeatedly failed to submit the requisite documents to the city administration. They claimed that the final decision on the applicant’s claim had been issued on 12 December 2005 and enforced within two months. The... | 9 |
34. The Government submitted that the right of access to a court is not absolute and the requirement to pay fees in connection with civil claims cannot be regarded as per se incompatible with Article <mask> of the Convention. They noted that fulfilment of the Article 6 obligation to secure an effective right of access... | 9 |
102. The Government considered that the amounts of the pecuniary damage claimed by the applicants were unsubstantiated and speculative. As regards the non-pecuniary damage, the Government considered that if the Court were to find a violation, the finding of such a violation would constitute in itself sufficient just s... | 9 |
5. The Government further relied on the fact that, in further contrast to the case in Stran Greek Refineries and Stratis Andreadis, the State was not itself directly party to the dispute which gave rise to the present case. This fact, again, is not in our view of central importance, the principle which precludes inter... | 9 |
112. The Government submitted that there had been no violation of Article <mask> of the Convention, as the applicant had been represented by his mother for the entire duration of the proceedings against him and that this provision of the Convention did not require an accused to be represented by a lawyer. According to... | 9 |
57. The applicant further submitted that the use of evidence obtained under torture was in violation of Article <mask> of the Convention. It was evident from the judgments of the courts at all three levels of jurisdiction that the coerced statements by the applicant and witness T. played a decisive role in securing th... | 9 |
22. The applicants also complained under Articles 3 and 4 of the Convention about the conditions of their life, under Article <mask> of the Convention about the length of the proceedings against the bailiff, and under Article 2 of Protocol No. 4 and Article 1 of Protocol No. 12 about the impossibility to work or trave... | 9 |
104. The applicant complained, under Article <mask> of the Convention, of the unfairness of the Hague Convention proceedings, in particular that the interlocutory judgment of 13 April 2009 had been missing from the domestic case file and that the domestic authorities had failed to send him a copy of the final judgment... | 9 |
53. The Government submitted that the applicant companies had lost their victim status as the Constitutional Court had found a violation of Article <mask> of the Convention and Article 1 of Protocol No. 1 to the Convention and awarded EUR 15,000 each in compensation. It had found that the applicant companies could pur... | 9 |
55. The applicant finally complained that she had not been paid the “true” value of her share. In her observations of August 2005 she also complained under Article <mask> of the Convention that the proceedings in a labour dispute to which she had been a party had been unfair and excessively long. However, having rega... | 9 |
20. The Government disagreed. They considered that, even assuming that court fees collected by Hungarian courts for dealing with civil claims constituted a form of restriction on the individual’s access to a court, they were legitimate to regulate access to courts and not in themselves contrary to Article <mask> of th... | 9 |
30. The Government admitted that the proceedings that had taken place before 23 January 2001 had not met the “reasonable time” requirement enshrined in Article <mask> of the Convention. At the same time, they contended that the length had been justified by the objective factors, such as the complexity of the case, mul... | 9 |
10. The applicant company complained that the domestic courts had dismissed its claim contrary to established case-law without providing any reasons in their decisions for their departure from that case-law. As a result, a higher interest rate was applied to the repayment of its loan. It relied on Article <mask> of th... | 9 |
39. The applicants maintained that they were tried and punished in absentia before the District Court and that they had not enjoyed any rights under Article <mask> of the Convention before being fined by the District Court’s judgment of 12 December 2013. Nevertheless, the Supreme Court confirmed the judgment and concl... | 9 |
146. The applicant submitted numerous complaints under Article <mask> of the Convention, alleging that the trial court had made incorrect findings of fact, misapplied national law and made an inadequate assessment of the evidence. She argued that the trial court had relied on evidence obtained through unlawful searche... | 9 |
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