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42. The Government went on to say that in upholding the mayor’s decision to ban the rally, the Blagoevgrad District Court had not relied on the fact that the organisation staging the rally had not been registered – grounds previously found deficient by this Court – and therefore no issue arose under Article <mask> of ...
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50. The applicants complained of an interference with their freedom to hold opinions, the opinion in question being that an employee should be allowed to choose to be represented by a trade union in negotiations with the employer. The Court does not, however, consider that any separate issue arises under Article 10 th...
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82. The Government further submitted that the interference in question had been prescribed by law. They noted in this regard that the applicant’s conviction had been based on section 23(b) of Law no. 2911 and Articles 220 § 6 and 314 § 2 of the Criminal Code. According to the Government, these provisions, and in parti...
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106. The applicant complained under Article 6 § 1 of the Convention that the domestic proceedings had been excessively long and that the courts had been partial and biased because they had ruled against him. He also complained under Article 1 of Protocol No. 1 about the imposition of an administrative fine. In so far ...
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49. The applicant organisation claimed 10,000 euros (EUR) as compensation for the non‑pecuniary damage arising out of the violation of its Convention rights. It claimed that its opposition to the actions of the municipality had been frustrated which had been further intensified by the involvement of the police and the...
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169. The Government argued that the applicant’s punishment for participation in mass disorder and using violence against the police officer related to acts unconnected with the exercise of the right to freedom of expression and the right to freedom of assembly. The Court observes that the acts imputed to the applicant...
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14. The applicant complained that the failure by the Ministry of Justice to register the public association in a timely manner constituted an interference with her freedom of association. As the Ministry evaded registering the organisation by significantly delaying the examination of the founders' registration request...
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113. The Government of Cyprus submitted that the applicant's right to demonstrate under Article <mask> of the Convention had been interfered with in an aggravated and serious manner. The acts of the respondent Government were a deliberate and provocative attempt to disrupt a lawful demonstration in an area which was s...
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34. The applicant alleged a breach of her right to freedom of peaceful assembly with other aliens for the purposes of denouncing their treatment. The interference with that right was not prescribed by law (as the evacuation order was illegal), and was neither justified by a legitimate aim, nor proportionate. She alleg...
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28. The applicant complained under Article 13 in conjunction with Article <mask> of the Convention that they did not have an effective remedy against the alleged violation of their freedom of assembly. They complained that there was no effective procedure which would have allowed them to obtain a final decision prior ...
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72. The applicant complained that the statutory ban on wearing clothing designed to conceal the face in public deprived her of the possibility of wearing the Islamic full-face veil in public places. She alleged that there had been a violation of her right to freedom of association and discrimination in the exercise of...
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116. The applicants maintained that their rights guaranteed by Article <mask> of the Convention had been breached since their employer had acted with the intention of deterring and penalising trade union membership. They submitted that the State had been directly involved in a number of unfavourable acts against them ...
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49. The applicants claimed 12,000 euros (EUR) in respect of non‑pecuniary damage. They submitted that the ban of the meeting in issue in the present case had been only one of many such bans. They also pointed out that despite the numerous rulings by the Court relating to earlier breaches of their rights under Article ...
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41. The applicants went on to argue that the only reason for the violation of their right to freedom of association had been their Macedonian ethnicity. That was evident from the broader context, and in particular, two elements. The first was the systematic restrictions of their rights under Article <mask> of the Conv...
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103. The Government of Cyprus submitted that the applicant’s right to demonstrate under Article <mask> of the Convention had been interfered with in an aggravated and serious manner. The acts of the respondent Government were a deliberate and provocative attempt to disrupt a lawful demonstration in an area which was s...
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17. The applicant association complained that the refusal of the respondent State to register it as a religious community constituted a violation of its rights under Articles 9 and 11 of the Convention. For the reasons stated in the OOA case, the Court considers that these complaints should be analysed from the standp...
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38. The applicants pointed out that the articles and drawings were not signed and concerned a debate in exclusively employment and trade-union matters, conducted via the union’s medium of communication. It was thus arbitrary to consider that its members had all been personally responsible for this publication, resulti...
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49. The Government objected that the dismissal of employees of the Tukaş company had not interfered with trade-union freedom as guaranteed by Article <mask> of the Convention. Even assuming that there had been such an interference, the labour courts had afforded redress for it by finding in favour of the dismissed emp...
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43. The applicants pointed out that the interference with their rights under Article <mask> of the Convention had not been lawful. The police had had no power to give them orders because they had not committed any administrative or criminal offence. The authorities had failed to effectively inform the demonstrators of...
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139. The applicants placed particular emphasis on the deficiencies of the reasoning adduced by the domestic authorities. Both sides asked the Court to re-examine the proportionality of the “interference”, while raising a disagreement about certain circumstances having significance for such an assessment. The Court, fo...
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66. The Government were of the opinion that the applicant was free to put his Convention complaints before the civil court in summary proceedings. There was nothing to prevent the applicant from seeking an interim measure in summary proceedings, for which legal representation is not mandatory and, in any event, free l...
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74. The Government submitted that there had been no interference with the applicants’ rights guaranteed by Article <mask> of the Convention. The Court observes in this connection that the applicants had permission to organise a meeting on the premises of the University on 3 July 2006 and that they had availed themselv...
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34. The Government disputed that there had been any restriction on the applicant’s right of association, as provided for in Article <mask> of the Convention, with respect to either his right to form and join trade unions or his right not to belong to an association. The applicant was not a member of the FII and had no...
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47. The Government disputed that there had been any interference with the negative aspect of the applicant’s right to freedom of association, as provided for in Article <mask> of the Convention. It submitted that the applicant company was merely under the obligation to pay contributions to the Social Welfare Fund whic...
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65. The applicant invokes two separate Convention provisions: Article 10 and Article <mask> of the Convention. In the Court’s opinion, in the circumstances of the present case, Article 10 of the Convention is to be regarded as a lex generalis in relation to Article 11, which is a lex specialis. The thrust of the applic...
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47. The applicants alleged a violation of their right to peaceful assembly. They complained, in particular, of disruptive security measures implemented at the site of the meeting at Bolotnaya Square, of the early termination of the protest and about their arrest followed by their conviction for administrative offences...
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127. The applicants complained that, as they had been victims of aggression in relation to their participation in a peaceful assembly, by failing to conduct effective investigations the State had breached its positive obligations under Article <mask> of the Convention, taken alone or together with Article 14. They fur...
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41. The applicants alleged that the forfeiture of their parliamentary seats following the dissolution of the DEP by the Constitutional Court had infringed their right to freedom of association under Article <mask> of the Convention. They also alleged a violation of Articles 9 (freedom of thought, conscience and religi...
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45. The Government submitted that the main reason why the domestic courts had declared the Annex null and void, with retrospective (ex tunc) effect, was that it had not been entered into by all the trade unions that had concluded the main Collective Agreement for the Health and Health Insurance Sector (see paragraphs ...
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25. The Government conceded that the refusal of the domestic courts to register the applicant association amounted to an interference with its rights under Article <mask> of the Convention. However, the refusal had been lawful and had pursued a legitimate aim, namely that of the protection of the rights and freedoms o...
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63. The Government disputed this claim, observing that given its violent character, the demonstration was clearly outside the scope of Article <mask> of the Convention and constituted an unlawful assembly. Knives and other cutting instruments had been found in the possession of some of the arrested demonstrators. The ...
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37. The Government contested that argument. They considered that the proposal made by the city authorities as to the change of the venue of the rally ignored by its organisers should not be construed as an infringement of the applicant’s rights set out in Article <mask> of the Convention. As to the applicant’s arrest ...
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44. The applicant asserted that the State had the positive obligation to secure to him the effective enjoyment of the rights guaranteed under Article <mask> of the Convention (see Wilson, National Union of Journalists and Others v. the United Kingdom, nos. 30668/96 and 2 others, § 41, ECHR 2002‑V, and Gustafsson v. Sw...
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49. The Government conceded that the Zagreb County Court’s judgment of 8 April 2005 (see paragraph 19 above) prohibiting the applicant union from holding a strike on 11 April 2005, which had been upheld by the Supreme Court’s judgment of 27 April 2005 (see paragraph 23 above), had constituted an interference with the ...
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49. The applicants alleged that the dissolution of Refah Partisi (the Welfare Party) and the temporary prohibition barring its leaders – including Mr Necmettin Erbakan, Mr Şevket Kazan and Mr Ahmet Tekdal – from holding similar office in any other political party had infringed their right to freedom of association, gu...
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65. The applicants claimed jointly 50,000 euros (EUR) as compensation for the non‑pecuniary damage they had sustained as a result of the violation of Article <mask> of the Convention found in the present case. In support of their claims they stressed that the applicant party had been politically active for approximate...
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85. The Government maintained that in all cases where there had been an interference with the applicants' rights under Article <mask> of the Convention, that interference had been lawful and had been based on the unambiguous wording of section 12 of the Meetings and Marches Act. This was the sole basis for the decisio...
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33. The applicant submitted that for an employee to lose his job for exercising his right to freedom of association struck at the “very substance” of that right. Consequently, he contended that the Government had a positive obligation under Article <mask> of the Convention to enact legislation which would have afforde...
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49. The applicant complained under Article 6 § 1 of the Convention about the length of the proceedings in his case. He further complained under Article 6 § 1 and Article <mask> of the Convention that the courts dealing with his case had not been impartial. Relying on Article 6 § 3 (a) of the Convention, the applicant ...
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20. The Government contended that the applicant had had effective channels of complaint on the same basis that they had argued that the applicant had not exhausted domestic remedies. Having rejected the latter argument above (paragraph 13), the Court concludes that the applicant did not have an effective domestic reme...
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24. The Government raised the objection of non-exhaustion of domestic remedies by the applicant. The Court considers that the issue of exhaustion of domestic remedies is closely linked to the merits of the applicant’s complaint that she did not have at her disposal an effective remedy by which to complain about the ex...
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73. The applicants complained of a violation of Articles 3 and 5 of the Convention on account of the mental suffering caused to them by the disappearance of their brother and the unlawfulness of his detention. They also argued that, contrary to Article <mask> of the Convention, there had been no available domestic rem...
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135. The Government contended that the applicants had had effective remedies at their disposal as required by Article <mask> of the Convention and that the authorities had not prevented them from using them. The applicants had had an opportunity to challenge the actions or omissions of the investigating authorities in...
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26. The applicant complained about the Bankya mayor’s refusal to comply with the judgment of the Sofia Administrative Court of 9 January 2009 ordering him to issue a certificate and a plan of the plot of land. She relied on Article 1 of Protocol No. 1 and Article <mask> of the Convention. The Court is of the view that...
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26. The applicant complained that he had been arbitrarily held in detention in Turkey for a long time. He also argued that he had had no domestic remedy whereby he could obtain compensation for his allegedly arbitrary detention. In this connection, the applicant relied on Article 5 §§ 1, 3 and 5 of the Convention. He ...
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59. The Government submitted that the investigation into the killing of Khozh‑Akhmed Akhmadov had not yet been completed. They further argued, in relation to the complaint under Article <mask> of the Convention, that it had been open to the applicant to lodge court complaints about any acts or omissions on the part of...
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94. The applicants complained that the length of the proceedings which concerned each of them had been incompatible with the “reasonable time” requirement laid down in Article 6 § 1 of the Convention. The second and the third applicants further complained, relying on Article <mask> of the Convention, that they had not...
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45. The Government’s main argument was that Article <mask> of the Convention taken in conjunction with Article 3 did not apply in the instant case. Firstly, since 7 November 2005 (the date on which he had obtained refugee status), the applicant no longer faced a risk of deportation, with the result that the complaint ...
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110. The applicants also alleged a violation of Article <mask> of the Convention and Article 1 of Protocol No. 1 on account of the administrative proceedings conducted against them. In view of all the materials in its possession, and in so far as the matters complained of are within its competence, the Court finds tha...
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61. The Government maintained that the applicant’s allegations were effectively examined in the course of the relevant criminal inquiry and investigation. The Court notes that, in addition to the theft, the domestic criminal law provided for a series of offences which potentially covered the actions complained of by t...
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72. The applicants maintained that they had become direct targets in China on account of their political and religious beliefs. For that reason, they would be exposed to a real risk of being executed or subjected to incommunicado detention, torture or other inhuman or degrading treatment contrary to Articles 2 and 3 o...
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31. The applicants complained, relying on Article 1 of Protocol No. 1 and Article 6 § 1 and Article <mask> of the Convention, that they had been ordered to pay into the insolvency estate the money received from K. without any proof of bad faith on their part and without any reasonable chance to recover that money, in ...
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21. The applicant complained under Articles 2 and 3 of the Convention that he had been threatened with deportation to Iran or Iraq, alleging that he would be exposed to a clear risk of death or ill-treatment if deported. He maintained that removal to Iran would expose him to a real risk of death or ill‑treatment. In p...
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128. The Government contended that the applicants had had effective remedies at their disposal as required by Article <mask> of the Convention and that the authorities had not prevented them from using them. The applicants had had an opportunity to challenge the acts or omissions of the investigating authorities in co...
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54. The Government submitted that the applicant's right guaranteed by Article <mask> of the Convention had been fully respected as police officer Mr N., who had broken into the applicant's house and had beaten him and his daughter up, had been convicted and sentenced to imprisonment. In addition, compensation of RUB 2...
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118. The Government contended that the applicants had had effective remedies at their disposal as required by Article <mask> of the Convention and that the authorities had not prevented them from using them. The applicants had had an opportunity to challenge the actions or omissions of the investigating authorities in...
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92. The applicant also complained, under Article 1 of Protocol 1 to the Convention, that his rights during the enforcement of the judgment against him had been breached, and that the District Administration had acted unlawfully in taking the books from the publishing house, not returning them in accordance with the co...
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117. The Government contended that the applicants had had effective remedies at their disposal as required by Article <mask> of the Convention and that the authorities had not prevented them from using them. The applicants had had an opportunity to challenge the acts or omissions of the investigating authorities in co...
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86. The applicant also alleged that the police had purposefully delayed the criminal proceedings to cover up the unlawful search, seizure and retention of his property and that there had been no way for him to obtain redress for this situation. In this connection, he referred to Article 6 § 1 and Article <mask> of the...
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25. The Government raised the objection of non-exhaustion of domestic remedies by the applicant. The Court considers that the issue of exhaustion of domestic remedies is closely linked to the merits of the applicant's complaint that he did not have at his disposal an effective remedy for complaining about inhuman and ...
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60. The applicants complained under Article 1 of Protocol No. 1 and Article <mask> of the Convention that they had been deprived of property they had acquired by virtue of the Sozopol land commission’s decision of 20 October 1997 and the Burgas District Court’s judgment of 26 July 1999. Relying on Articles 6 § 1 and 1...
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54. The Government raised the objection of non-exhaustion of domestic remedies by the applicant. The Court considers that the issue of exhaustion of domestic remedies is closely linked to the merits of the applicant’s complaint that he did not had at his disposal an effective remedy for the complaint that he had been ...
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70. The applicants complained that, contrary to Article 6 § 1 of the Convention, the domestic courts had not been independent and impartial. They noted that, in accordance with the law applicable at the time of the events in question, the selection of candidates to judicial positions in Azerbaijan was performed by the...
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71. The Government contended that, in so far as the applicant’s allegation could be considered to constitute an arguable claim, the Romanian legal system had offered an effective remedy within the meaning of Article <mask> of the Convention. The applicant had been able to contest the decisions of the prosecutor’s offi...
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36. The Government have raised an objection of non-exhaustion of domestic remedies by the applicant. The Court considers that the issue of exhaustion of domestic remedies is closely linked to the merits of the applicant’s complaint that he did not have at his disposal an effective remedy for the complaint that he was ...
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67. The applicant also submitted that she had no effective remedy whereby she could raise the issue of the excessive length of the proceedings in her case. Furthermore, the domestic legal system did not provide for any measure that would oblige defendants in paternity disputes to comply with a court order for DNA test...
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35. The Government raised an objection, arguing that the applicants had not exhausted the domestic remedies available to them. The Court considers that the question whether the requirement that an applicant must exhaust domestic remedies has been satisfied in the instant case is closely linked to the complaint concern...
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102. The Government contended that the applicants had had effective remedies at their disposal as required by Article <mask> of the Convention. The applicants had had the opportunity to challenge the acts or omissions of the investigating authorities in court and that they could have also claimed damages in civil proc...
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58. The applicant also complained, under Article 6 § 1 of the Convention, about the lack of an oral hearing before the Administrative Court and about the outcome and length of the proceedings. She further complained under Article <mask> of the Convention of a lack of effective remedies against the Administrative Court...
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153. The Government raised the objection of non-exhaustion of domestic remedies by the applicants. The Court considers that the issue of exhaustion of domestic remedies is closely linked to the merits of the applicants’ complaint that they did not have at their disposal an effective remedy in respect of the non-enforc...
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93. The applicant complained under Article <mask> of the Convention about a lack of an effective remedy in respect of the two contradictory judgments given by the Supreme Court on 12 March 2002 and on 2 October 2002 on the same issue (see paragraphs 34, 42 and 43 above). In this regard, he pointed out that the Commiss...
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12. The applicants complain that their removal, direct or indirect, to Serbia and the refusal to regularise their stay in Belgium amounted to a violation of Articles 2 and 3 of the Convention, in that it put their oldest daughter’s life at risk and placed all of the applicants at risk of inhuman and degrading treatmen...
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13. The applicants complained about the State authorities' failure to enforce the judgments given in their favour in due time. They invoked Article 6 § 1 of the Convention and Article 1 of Protocol No. 1. The first, the fifth, the seventh, the ninth and the tenth applicant additionally invoked Article <mask> of the Co...
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54. The applicant complained under Article 6 § 1 of the Convention that the proceedings were unfair and that the authorities had failed to enforce a final decision in his favour. Under Article <mask> of the Convention he complained that there was no effective remedy in respect of the non-enforcement of a final court d...
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163. The applicants complained of a violation of Articles 3 and 5 of the Convention on account of the mental suffering caused to them by the disappearance of their relatives and the unlawfulness of their relatives’ detention. They also argued that, contrary to Article <mask> of the Convention, there had been no availa...
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132. The Government contended that the applicants had had effective remedies at their disposal as required by Article <mask> of the Convention and had not been prevented from using them. The applicants had had an opportunity to challenge the actions or omissions of the investigating authorities in court pursuant to Ar...
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40. The applicants complained of a violation of Article <mask> of the Convention claiming that they did not have an effective remedy at their disposal against the decision of the Regional Land Reform Board of 26 March 2008 to interrupt the proceedings for three years which resulted in a standstill of the proceedings. ...
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79. The Government contended that the applicants had had effective remedies at their disposal as required by Article <mask> of the Convention and that the authorities had not prevented them from using them. The applicants had had an opportunity to challenge the actions or omissions of the investigating authorities in ...
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113. The Government argued that the applicants had had effective domestic remedies, as required by Article <mask> of the Convention, and that the Russian authorities had not prevented them from using those remedies. In particular, the applicants had been declared victims and had received reasoned replies to all their ...
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369. The applicants complained of a violation of Articles 3 and 5 of the Convention on account of the mental suffering caused to them by the disappearance of their relatives and the unlawfulness of their relatives’ detention. They also argued that, contrary to Article <mask> of the Convention, they had no available do...
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106. The Government contended that the applicants had had effective remedies at their disposal as required by Article <mask> of the Convention and that the authorities had not prevented them from using them. The applicants had had the opportunity to challenge the actions or omissions of the investigating authorities i...
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130. The applicant also alleged that he had not had at his disposal an effective domestic remedy for his complaints under Article 3 concerning the conditions of his detention and the standard of medical assistance available to him in Odessa and Kyiv SIZOs, Sokyriany Colony and during his transit to Torez Colony, as re...
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73. The applicant complained under Article <mask> of the Convention that the Prosecutor General had refused his requests for a supervisory review of his conviction in the first set of criminal proceedings. The Court reiterates that no provision of the Convention guarantees the right to the reopening of proceedings whi...
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67. The applicant also complained under Article <mask> of the Convention about the unreasonable length of the proceedings he instituted in October 2002 against the Ministry of Fuel and Energy of Ukraine. The Court, which is master of the characterisation to be given in law to the facts of the case (see, as a recent au...
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28. The applicant complained that owing to the systemic nature of the inadequate prison conditions he did not have any effective remedy at his disposal as regards his complaints under Articles 3 and 8 of the Convention. In any event, there is no evidence that the remedies which were available in theory could work effe...
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102. The applicants disagreed with the Government’s allegation that they had not exhausted domestic remedies and claimed that they had attempted several avenues of redress. They maintained that they had not had an effective remedy for their complaints concerning the inadequate conditions of detention and transfer. The...
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157. The Government contended that the applicants had had effective remedies at their disposal as required by Article <mask> of the Convention and that the authorities had not prevented them from using them. The applicants had had the opportunity to challenge the acts or omissions of the investigating authorities in c...
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23. The Government contended that the applicant had had effective channels of complaint on the same basis that they had argued that the applicant had not exhausted domestic remedies. Having rejected the latter argument above (at paragraph 14), the Court concludes that the applicant did not have an effective domestic r...
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130. The applicants complained of a violation of Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 as a result of non-enforcement or delayed enforcement of domestic court decisions given in their favour. The first and fifth applicants also complained of the lack of effective remedy in domestic law in bre...
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92. The applicant maintained that, although he had taken every reasonable step in order to ensure that his son’s disappearance was properly and thoroughly investigated by the State, the investigation conducted by the authorities had been insufficient to meet the requirements of Article <mask> of the Convention. He als...
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34. The applicant further complained under Articles 3 and 13 of the Convention that he did not have at his disposal an effective remedy for his complaint, described above, about the conditions of his detention in the remand centre; that there had been no effective investigations into his complaint. The Court will exam...
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49. The Government argued that a constitutional complaint was an effective remedy within the meaning of Article <mask> of the Convention to complain about the length of criminal proceedings and the applicant therefore should have exhausted that remedy. The Court’s findings in its judgment of 8 June 2006 in the case of...
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112. The Government contended that the applicants had had effective remedies at their disposal as required by Article <mask> of the Convention and that the authorities had not prevented them from using them. The applicants had had an opportunity to challenge the acts or omissions of the investigating authorities in co...
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29. The Government argued that Article 13 was not applicable in the absence of a violation of either Article 6 § 1 or Article 1 of Protocol No. 1 to the Convention. They added that the applicants had not used all available domestic remedies in respect of their complaint under Article 13, such as requesting the initiat...
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32. The applicants complained that the length of the proceedings had been incompatible with the “reasonable time” requirement, laid down in Article 6 § 1 of the Convention. Some of the applicants also relied on Article <mask> of the Convention. The Court considers that the complaints must be examined solely under Arti...
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132. The Government contended that the applicant had had effective remedies at her disposal as required by Article <mask> of the Convention and that the authorities had not prevented her from using them. The applicant had had an opportunity to challenge the acts or omissions of the investigating authorities in court. ...
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139. The Government submitted that, even assuming that there was an arguable breach of any of the rights invoked under the Convention, an effective remedy was provided for any breach of Article 2 by the procedures of criminal investigation, the civil proceedings for damage and the inquest proceedings. These were capab...
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120. The Government contended that the applicants had had effective domestic remedies, as required by Article <mask> of the Convention, but had been unwilling to make use of them. They submitted that the first, fifth and twenty-third applicants had been granted victim status and therefore had been afforded procedural ...
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52. The applicants in the first, fourth, sixth and ninth applications complained that they have not had an effective domestic remedy in connection with their complaint about the irreducibility of their whole-life sentences. The applicants in the first, seventh and tenth applications complained that they had not had an...
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64. The applicant submitted that in her further appeal to the Administrative Jurisdiction Division, the highest competent domestic tribunal in the matter, she raised six elaborate complaints which were dismissed by the Division without giving any reasons. In her opinion, it cannot be said that this part of the legal s...
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