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8. The applicants were born in 1959, 1948 and 1952 respectively. They live in Milan and Rome respectively. 9. The applicants inherited plots of building land, located at Nuoro and entered in the land register as folio 43, parcels 4, 11, 13, 31 and 32, and folio 41, parcels 3, 217 and 219 respectively. Each of the applicants has a holding of 29/360. 10. By a decree of the “Bank for the South” (Cassa per il Mezzogiorno) of 9 April 1976 and two decrees by the President of the Sardinia Regional Council of 7 and 17 January 1977, a project to build low-rent housing and leisure structures on the applicants' land was approved. 11. By three decrees, adopted on 1 December 1976 and 20 May and 15 June 1977 respectively, the President of the Sardinia Regional Council authorised possession under the expedited procedure of part of the applicants' land, namely 77,782 square metres, for a maximum period of five years, with a view to its expropriation, in order to begin construction of the low-rent housing and leisure structures. 12. On 20 January, 28 June and 22 July 1977 the authorities took physical possession of the applicants' land. 13. By a writ served on 11 November 1983, the applicants brought an action for damages before the Nuoro Court against the Nuoro Municipality. 14. They alleged that the occupation of the land was illegal and that the construction work had been completed without there having been a formal expropriation of the land and payment of compensation. They claimed a sum corresponding to the market value of the land and a sum for loss of enjoyment of the land. 15. During the proceedings an expert report and an additional report were submitted to the court registry on 8 February 1990 and 30 April 1992 respectively. According to the expert, a first section of the land had been irreversibly altered in 1982, and a second section in 1983, through the public works performed. The total market value of the occupied land in 1982 and 1983 was 5,372,538,000 liras (ITL), or ITL 432,787,783 for each applicant. The expert assessed the compensation for possession of the land at ITL 1,611,761,400, or ITL 129,836,335 per applicant. 16. By a provisional judgment of 14 July 1997, the Nuoro Court declared that the possession of the land, initially authorised, had become illegal as of 1982 and 1983. It found that the land had been irreversibly transformed by the public works. As a result, in accordance with the constructive expropriation rule (occupazione acquisitiva), the applicants had been deprived of their property, by virtue of its irreversible alteration, on the date on which the possession had ceased to be legal. In the light of those considerations, the court ordered the municipality to pay, as an advance, a sum equal to 55% of the market value of the land, namely ITL 238,033,280 for each applicant, plus interest and adjustment for inflation, and compensation for occupation amounting to ITL 129,836,334 for each applicant. 17. In the same judgment, the court ordered that the proceedings be continued in order to recalculate the final sum to be awarded to the applicants under Law no. 662 of 1996, which had entered into force in the meantime. 18. On 27 March 1997 the municipality paid the applicants the amounts due in application of the provisional judgment of 14 July 1997. Tax, at a rate of 20 %, was deducted at source from these sums. 19. In a final judgment filed with the registry on 17 July 2003, the Nuoro court upheld its provisional judgment of 14 July 1997 and held that the amount of compensation calculated under Law no. 662 of 1996 corresponded to the amount already paid in application of the provisional judgment. 20. This final judgment became legal and binding on 17 October 2004.

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4. The applicant was born in 1953 and lives in Senec. 5. On 10 February 1999 a company sued the applicant for a sum of money which he allegedly owed for the lease of his flat and for services provided by the company. 6. On 27 May 1999 the Bratislava III District Court issued a payment order under which the applicant was obliged to pay the equivalent of approximately 1,000 euros to the plaintiff. 7. On 10 June 1999 the applicant challenged the payment order. The case was therefore to be heard by the first instance court in accordance with the relevant provisions of the Code of Civil Procedure. 8. The District Court held hearings on 18 May 2000, on 12 June 2000, on 11 September 2000 and on 9 October 2000. At the last mentioned hearing the plaintiff extended the action. 9. On 27 March 2003 the District Court appointed an expert and asked him to submit an opinion. 10. On 1 December 2003 the judge instructed the court’s registry to transmit the file to the expert. The expert received the file on 29 December 2003. He submitted his opinion to the court on 24 February 2004. 11. On 4 May 2004 the District Court decided on the expert’s fee. The expert opinion was delivered to the parties on 13 and 14 May 2004 respectively. On 1 June 2004 the applicant submitted his comments on it. 12. Hearings before the District Court were held on 27 September 2004 and on 11 October 2004. A hearing scheduled for 2 December 2004 was adjourned. 13. In May 2005 the applicant informed the Court that there had been no further progress in the case. 14. On 11 March 2003 the applicant filed a complaint about the length of proceedings to the Constitutional Court. He claimed, inter alia, 800,000 Slovakian korunas (SKK) in compensation for non-pecuniary damage. 15. On 13 August 2003 the Constitutional Court found that the applicant’s right to a hearing without unjustified delay had been violated and ordered the District Court to proceed with the case without further delays. The decision stated that the District Court had remained inactive between 15 June 1999 and 28 January 2000, that is for more than 7 months, and also between 9 October 2000 and 27 March 2003, that is for more than 29 months. 16. The Constitutional Court dismissed the applicant’s claim for compensation noting that the applicant had by his conduct considerably contributed to the fact that the dispute had come into being and that the proceedings had been protracted, since in particular he had not regularly paid the sums due and the company therefore had to extend the action. The Constitutional Court ordered the District Court to reimburse the costs related to the constitutional proceedings to the applicant.

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8. The applicants, who are Greek nationals of Roma origin, were born in 1980 and live in Mesolonghi (Western Greece). 9. On 8 May 1998, at approximately 00.45 a.m., a patrol car from the Mesolonghi police station responded to a telephone complaint reporting the attempted burglary of a kiosk. The call had been made by the grandson of the owner of the kiosk, Mr Pavlakis. Upon arriving at the scene, the latter found the first applicant attempting to break into the kiosk with an iron bar while the second applicant was apparently acting as a lookout. He struggled with the second applicant, who subsequently stated that Mr Pavlakis had punched him in the face. 10. At that point three police officers, Mr Sompolos, Mr Alexopoulos and Mr Ganavias, arrived. The first applicant claimed that he was initially handcuffed without being beaten. Then, an officer removed his handcuffs and repeatedly beat him on the back and the head with a truncheon. He stopped when the first applicant complained that he had a medical condition and was feeling dizzy. 11. Following their arrest, the applicants were taken to the Mesolonghi police station, where officers Tsikrikas, Avgeris, Zalokostas, Skoutas and Kaminatos were present. The first applicant alleged that as he was being led to his cell one officer beat him twice with a truncheon and another slapped him in the face. 12. At 10.00 a.m. the first applicant was taken to the interview room, where allegedly three police officers punched him in the stomach and the back, trying to extract confessions to other crimes and information about who was dealing in drugs in the area. According to the first applicant, the police officers took turns beating him, slapping him and hitting him all over his body. The first applicant further alleged that another police officer beat him with the iron bar that had been used in the attempted burglary. He alleged that this officer also pushed him against the wall, choking him with the iron bar and threatening to sexually assault him, saying “I will f... you”, while trying to lower his trousers. 13. The second applicant said that he was also abused throughout his interrogation. During the early hours of the day, he was allegedly beaten with a truncheon on his back and kicked in the stomach by an officer who later returned to beat him again. Subsequently, the second applicant identified the officer as Mr Tsikrikas. The second applicant also testified that the police officers “inserted a truncheon in [his] bottom and then raised it to [his] face, asking [him] whether it smelled”. 14. The applicants stated that they were both able to hear each other’s screams and cries throughout their interrogation. The first applicant testified before the domestic court: “I could hear Koutropoulos crying in the other room”. The second applicant stated: “I screamed and cried when they were beating me. I could also hear Bekos’s screams and cries”. They also claimed that they suffered repeated verbal abuse about their Roma origins. In his sworn deposition dated 3 July 1998 the first applicant testified before the public prosecutor that the officer who had choked him with the iron bar said to him “you guys f... your sisters” and “your mothers are getting f... by others” (see also paragraph 25 below). The Government disputed that the applicants had been assaulted or subjected to racial abuse while in police detention. 15. The applicants remained in detention until the morning of 9 May 1998. At 11.00 a.m. they were brought before the Mesolonghi Public Prosecutor. The first applicant was charged with attempted theft and the second applicant with being an accomplice. The Public Prosecutor set a trial date and released the applicants. In November 1999 the applicants were sentenced to thirty days’ and twenty days’ imprisonment respectively, in each case suspended for three years. 16. On 9 May 1998, the applicants went to the regional hospital in order to obtain medical evidence of their injuries. However, the intern they saw at the hospital was only able to verify that they both had bruises. In order to acquire stronger evidence of their injuries, the applicants consulted a forensic doctor in Patras. The latter issued a medical certificate dated 9 May 1998, in which he stated that the applicants bore “moderate bodily injuries caused in the past twenty-four hours by a heavy blunt instrument...” In particular, the first applicant had “two deep red (almost black) parallel contusions with areas of healthy skin, covering approximately 10 cm stretching from the left shoulder joint to the area of the deltoid muscle and the right shoulder joint. He complains of pain in his knee joint. He complains of pain in the left parietal area”. The second applicant had “multiple deep red (almost black) parallel ‘double’ contusions with areas of healthy skin covering approximately 12 cm stretching from the left shoulder joint along the rear armpit fold at the lower edge of the shoulder blade, a contusion of the aforementioned colour measuring approximately 5 cm on the rear left surface of the upper arm and a contusion of the aforementioned colour measuring approximately 2 cm on the right carpal joint. He complains of pain on the right side of the parietal area and of pain in the midsection. He complains that he is suffering from a torn meniscus in the right knee, shows pain on movement and has difficulty walking”. The applicants produced to the Court pictures taken on the day of their release, showing their injuries. The Government questioned the authenticity of these pictures and affirmed that they should have first been produced to the domestic authorities. They also questioned the credibility of the forensic doctor who examined the applicants and submitted that he had convictions for perjury. 17. On 11 May 1998 the Greek Helsinki Monitor and the Greek Minority Rights Group sent a joint open letter to the Ministry of Public Order protesting against the incident. The letter bore the heading “subject matter: incident of ill-treatment of young Roma (Gypsies) by police officers”; it stated that members of the above organisations had had direct contact with the two victims during a lengthy visit to Roma camps in Greece and that they had collected approximately thirty statements concerning similar incidents of ill-treatment against Roma. The Greek Helsinki Monitor and the Greek Minority Rights Group Reports urged the Minister of Public Order in person to ensure that a prompt investigation of the incident was carried out and that the police officers involved be punished. They expressed the view that precise and detailed instructions should be issued to all police stations in the country regarding the treatment of Roma by the police. Reports of the incident were subsequently published in several Greek newspapers. 18. On 12 May 1998, responding to the publicity that had been generated, the Ministry of Public Order launched an informal inquiry into the matter. 19. After the incident received greater public attention, the Greek police headquarters requested that the internal investigation be upgraded to a Sworn Administrative Inquiry (Ενορκη Διοικητική Εξέταση), which started on 26 May 1998. 20. The report on the findings of the Sworn Administrative Inquiry was issued on 18 May 1999. It identified the officers who had arrested the applicants and found that their conduct during the arrest was “lawful and appropriate”. It concluded that two other police officers, Mr Tsikrikas and Mr Avgeris had treated the applicants “with particular cruelty during their detention”. The report noted that the first applicant had consistently identified the above officers in his sworn depositions of 30 June and 23 October 1998 and that the second applicant had also consistently and repeatedly identified throughout the investigation Mr Tsikrikas as the officer who had abused him. 21. More specifically, it was established that Mr Tsikrikas had physically abused the applicants by beating them with a truncheon and/or kicking them in the stomach. It further found that although the two officers had denied ill-treating the applicants, neither officer was able to “provide a convincing and logical explanation as to where and how the above plaintiffs were injured, given that according to the forensic doctor the ill-treatment occurred during the time they were in police custody”. 22. As a result, it was recommended that disciplinary measures in the form of “temporary suspension from service” be taken against both Mr Tsikrikas and Mr Avgeris. The inquiry exculpated the other police officers who had been identified by the applicants. Despite the above recommendation, neither Mr Tsikrikas nor Mr Avgeris were ever suspended. 23. On 14 July 1999 the Chief of the Greek Police fined Mr Tsikrikas 20,000 drachmas (less than 59 euros) for failing to “take the necessary measures to avert the occurrence of cruel treatment of the detainees by his subordinates”. The Chief of the Greek Police acknowledged that the applicants had been ill-treated. He stated that “the detainees were beaten by police officers during their detention ... and were subjected to bodily injuries”. 24. On 1 July 1998 the applicants and the first applicant’s father filed a criminal complaint against the Deputy Commander in Chief of the Mesolonghi police station and “all other” officers of the police station “responsible”. 25. On 3 July 1998 the first applicant gave a sworn deposition relating to his allegations of ill-treatment. He claimed that during his arrest, he had been beaten on the head with a truncheon by a “tall, blond” policeman, who also gave him a beating in the police station and that he had been subjected to racial insults (see paragraph 14 above). 26. On 18 December 1998 the Mesolonghi Public Prosecutor asked the Mesolonghi investigating judge to conduct a preliminary inquiry into the incident (προανάκριση). The findings of the inquiry were then forwarded to the Prosecutor of the Patras Court of Appeal. In January 2000 the Patras Court of Appeal ordered an official judicial inquiry into the incident (κύρια ανάκριση). 27. On 27 January 1999 and 1 February 2000 the first applicant stated that the behaviour of the police officers “was not so bad”, that he wanted “this story to be over” and that he did not want “the police officers to be punished”. On the same dates the second applicant repeated that he had received a beating at the hands of Mr Tsikrikas, but said that the police officers’ behaviour was “rightfully bad” and that he did not want them to be prosecuted. He apologised to the owner of the kiosk and said that he wanted “this story to be over” because he has joining the army and wanted “to be on the safe side”. 28. On 31 August 2000 the Mesolonghi Public Prosecutor recommended that three police officers, Mr Tsikrikas, Mr Kaminatos and Mr Skoutas, be tried for physical abuse during interrogation. 29. On 24 October 2000 the Indictment Division of the Mesolonghi Criminal Court of First Instance (Συμβούλιο Πλημμελειοδικών) committed Mr Tsikrikas for trial. It found that “[the] evidence shows that Mr Tsikrikas ill-treated [the applicants] during the preliminary interrogation, in order to extract a confession from them for the attempted theft ... and any similar unsolved offences they had committed in the past”. The Indictment Division further stated that Mr Tsikrikas had failed to provide a plausible explanation as to how the applicants were injured during their interrogation and noted that they had both identified Mr Tsikrikas, without hesitation, as the officer who had ill-treated them. On the other hand, it decided to drop the criminal charges against Mr Kaminatos and Mr Skoutas on the ground that it had not been established that they were present when the events took place (bill of indictment no. 56/2000). 30. Mr Tsikrikas’s trial took place on 8 and 9 October 2001 before the three-member Patras Court of Appeal. The court heard several witnesses and the applicants, who repeated their allegations of ill-treatment (see paragraphs 10-14 above). Among others, the court heard Mr Dimitras, a representative of the Greek Helsinki Monitor, who stated that the said organisation was monitoring the situation of Roma in Greece and that the incident was reported to him during a visit to the Roma/Gypsy camps. He claimed that he was horrified when he saw the injuries on the applicants’ bodies and that the latter were initially afraid to file a complaint against the police officers. Mr Dimitras also referred to the actions subsequently taken by the Greek Helsinki Monitor in order to assist the applicants. The court also read out, among other documents, the Greek Helsinki Monitor’s and the Greek Minority Rights Group’s open letter to the Ministry of Public Order (see paragraph 17 above). 31. On 9 October 2001 the court found that there was no evidence implicating Mr Tsikrikas in any abuse and found him not guilty (decision no. 1898/2001). In particular, the court first referred to the circumstances surrounding the applicants’ arrest and to the subsequent involvement of members of the Greek Helsinki Monitor in the applicants’ case, noting their role in monitoring alleged violations of human rights against minorities. Taking also into account the forensic doctor’s findings, the court reached the following conclusion: “... Admittedly, the second applicant had clashed with Mr Pavlakis. Further, given the applicants’ light clothing, it was logical that they were injured during the fight that took place when they were arrested. Even if some of the applicants’ injuries were inflicted by police officers during their detention, it has not been proved that the accused participated in this in one way or the other, because he was absent when they arrived at the police station and did not have contact with them until approximately two hours later, on his arrival at the police station. In his sworn deposition dated 3 July 1998, the first applicant stated that in the process of his arrest he had been beaten with a truncheon by a tall, blond police officer (a description that does not match the features of the accused) and that the same police officer had also beaten him during his detention. However, the accused was not present when the applicants were arrested. If the applicants had indeed been beaten by police officers during their detention, they would have informed their relatives who arrived at the police station that same night. Thus, the accused must be found not guilty.” 32. Under Greek law, the applicants, who had joined the proceedings as civil parties, could not appeal against this decision. 33. In its country reports of the last few years, the European Commission against Racism and Intolerance at the Council of Europe (ECRI) has expressed concern about racially motivated police violence, particularly against Roma, in a number of European countries including Bulgaria, the Czech Republic, France, Greece, Hungary, Poland, Romania and Slovakia. 34. The Report on the Situation of Fundamental Rights in the European Union and Its Member States in 2002, prepared by the European Union (EU) network of independent experts in fundamental rights at the request of the European Commission, stated, inter alia, that police abuse against Roma and similar groups, including physical abuse and excessive use of force, had been reported in a number of EU member States, such as Austria, France, Greece, Ireland, Italy and Portugal. 35. In its second report on Greece, adopted on 10 December 1999 and published on 27 June 2000, ECRI stated, inter alia: “26. There have been consistent reports that Roma/Gypsies, Albanians and other immigrants are frequently victims of misbehaviour on the part of the police in Greece. In particular, Roma/Gypsies are often reported to be victims of excessive use of force -- in some cases resulting in death -- ill-treatment and verbal abuse on the part of the police. Discriminatory checks involving members of these groups are widespread. In most cases there is reported to be little investigation of these cases, and little transparency on the results of these investigations. Although most of these incidents do not generally result in a complaint being filed by the victim, when charges have been pressed the victims have reportedly in some cases been subjected to pressure to drop such charges. ECRI stresses the urgent need for the improvement of the response of the internal and external control mechanisms to the complaints of misbehaviour vis à vis members of minority groups on the part of the police. In this respect, ECRI notes with interest the recent establishment of a body to examine complaints of the most serious cases of misbehaviour on the part of the police and emphasises the importance of its independence and of its accessibility by members of minority groups. 27. ECRI also encourages the Greek authorities to strengthen their efforts as concerns provision of initial and ongoing training of the police in human rights and anti-discrimination standards. Additional efforts should also be made to ensure recruitment of members of minority groups in the police and their permanence therein ... ... 31. As noted by ECRI in its first report, the Roma/Gypsy population of Greece is particularly vulnerable to disadvantage, exclusion and discrimination in many fields... ... 34. Roma/Gypsies are also reported to experience discrimination in various areas of public life...They also frequently experience discriminatory treatment and sometimes violence and abuse on the part of the police ...” 36. In its third report on Greece, adopted on 5 December 2003 and published on 8 June 2004, ECRI stated, inter alia: “67. ECRI notes with concern that since the adoption of its second report on Greece, the situation of the Roma in Greece has remained fundamentally unchanged and that overall they face the same difficulties – including discrimination - in respect of housing, employment, education and access to public services... ... 69. ECRI welcomes the fact that the government has taken significant steps to improve the living conditions of Roma in Greece. It has set up an inter-ministerial committee for improving the living conditions of Roma... 70. ...ECRI deplores the many cases of local authorities refusing to act in the interests of Roma when they are harassed by members of the local population. It is also common for the local authorities to refuse to grant them the rights that the law guarantees to members of the Roma community to the same extent as to any other Greek citizen... ... 105. ECRI expresses concern over serious allegations of ill-treatment of members of minority groups, such as Roma and both authorised and unauthorised immigrants. The ill-treatment in question ranges from racist insults to physical violence and is inflicted either at the time of arrest or during custody. ECRI is particularly concerned over the existence of widespread allegations of improper use of firearms, sometimes resulting in death. It is equally concerned over reports of ill-treatment of minors and expulsion of non-citizens outside of legal procedures. 106. The Greek authorities have indicated that they are closely monitoring the situation and that mechanisms are in place to effectively sanction such abuses. For example, the Internal Affairs Directorate of the Greek Police was established in 1999 and is responsible for conducting investigations, particularly into acts of torture and violation of human dignity. The police –specifically police officers working in another sector than that of the person under suspicion - and the prosecution equally have competence over such matters and must inform the above-mentioned body when dealing with a case in which a police officer is implicated. The Greek Ombudsman is also competent for investigating, either on request or ex officio, allegations of misbehaviour by a police officer, but he is only entitled to recommend that appropriate measures be taken. ECRI welcomes the fact that the chief state prosecutor recently reminded his subordinates of the need for cases of police ill-treatment, particularly involving non-citizens, to be prevented and prosecuted with the appropriate degree of severity. The authorities have pointed out that instances of ill-treatment were primarily due to difficult conditions of detention. ECRI notes with satisfaction cases of law enforcement officials having been prosecuted, and in some cases penalised, for acts of ill-treatment. However, human rights NGOs draw attention to other cases where impunity is allegedly enjoyed by officials responsible for acts of violence, whose prosecution has not lead to results or even been initiated. ECRI deplores such a situation and hopes that it will no longer be tolerated.” 37. In their joint report published in April 2003 (“Cleaning Operations – Excluding Roma in Greece”), the European Roma Rights Center and the Greek Helsinki Monitor, which represent the applicants in the instant case, stated, inter alia: “ERRC/GHM monitoring of policing in Greece over the last five years suggests that ill-treatment, including physical and racist verbal abuse, of Roma in police custody is common. Although Greek authorities deny racial motivation behind the ill-treatment of Roma, Romani victims with whom ERRC/GHM spoke testified that police officers verbally abused them using racist epithets. Anti-Romani sentiment among police officers often leads to instances of harassment, inhuman and degrading treatment, verbal and physical abuse, and arbitrary arrest and detention of Roma at the hands of police. The ERRC and GHM regularly document ill-treatment of Roma at the hands of the police, either at the moment of arrest or in police custody. Police officers’ use of racial epithets in some cases of police abuse of Roma is indicative that racial prejudice plays a role in the hostile treatment to which officers subject Roma...”

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4. The first applicant was born in 1959. The second applicant was born in 1947. They both reside in Kharkiv. 5. On 4 October 2000 the Moskovsky District Court of Kharkiv ordered the Kharkiv enterprise “Serp i Molot”, which is an enterprise in which the State owns 90% of the shares (hereafter referred to as the “KESM”), to pay the first applicant UAH 23,963.78[1] for salary arrears, and compensation for the delay in that payment (for the period between March 1998 and 1 August 2000) and moral damage. 6. On 16 October 2000 the Moskovsky District Bailiffs’ Service initiated the enforcement proceedings. 7. On 5 November 2002 the Commercial Court of the Kharkiv Region initiated bankruptcy proceedings against the KESM and, therefore, the Bailiffs’ Service suspended the execution of the judgment. In accordance with the plan for the financial recovery of the enterprise, the applicant received UAH 100 in compensation. 8. On 7 March 2003 the Kharkiv Regional Department of Justice informed the applicant that the enforcement was still pending because of these bankruptcy proceedings. 9. On 31 December 2003 the applicant received UAH 100[2] in partial payment of the judgment debt. 10. On 29 January 2004 the applicant received UAH 7,529.05[3] in further partial payment of the debt owed by the KESM. 11. On 8 November 2004 the applicant informed the Court that he had received payment for the remainder of the debt (UAH 16,434.73[4]) on 6 October 2004. The enforcement proceedings were terminated on the same date. The payment was made on the basis of funds transferred to the account of the KESM, as approved by the Head of the Kharkiv Regional Administration on 10 March 2004. II. THE CIRCUMSTANCES OF APPLICATION NO. 6717/03 12. On 4 October 2000 the Moskovsky District Court of Kharkiv ordered the KESM to pay the second applicant UAH 21,170.19[5] in compensation for the delayed payment of salary arrears (for the period between March 1998 and 1 August 2000) and moral damage. 13. On 16 October 2000 the Moskovsky District Bailiffs’ Service initiated the enforcement proceedings. 14. On 5 November 2002 the Commercial Court of the Kharkiv Region initiated bankruptcy proceedings against the KESM and, therefore, the execution of the judgment was suspended. 15. On 31 December 2003 the applicant received UAH 88[6] in partial payment of the judgment debt. 16. On 29 January 2004 the applicant received 6,755.73[7] in further partial payment of the debt owed by the KESM. 17. On 5 November 2004 the applicant informed the Court that he had received payment of the remainder of the debt (UAH 14,414.46[8]) on 6 October 2004. The enforcement proceedings were terminated on the same date. The payment was made on the basis of funds transferred to the account of the KESM, as approved by the Head of the Kharkiv Regional Administration on 10 March 2004.

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4. The applicant was born in 1936 and currently resides in Odessa. He is a former employee of the State Company “Chornomorske Morske Paroplavstvo” (the “CMP”). 5. In 1997 the applicant instituted proceedings against the CMP in the Zhovtnevy District Court of Odessa, seeking the recovery of salary arrears. 6. On 6 October 1998 the Zhovtnevy District Court of Odessa ordered the CMP to pay the applicant UAH 3,604[1] in compensation. The decision was not appealed and became final on 16 October 1998. 7. On 18 December 2000 the Ministry of Justice informed the applicant that the judgment in his favour could not be immediately executed due to the CMP’s lack of funds. In particular, it noted that the CMP’s debts amounted to UAH 20,095,905, including salary arrears in the amount of UAH 5,067,027. They also stated that they were in the course of selling some of the CMP’s property and vessels belonging to it. 8. On 28 May 2001 the Zhovtnevy District Prosecutor’s Office informed the applicant that the Bailiffs’ Service had frozen the CMP’s bank accounts, however they had been empty since 1997. 9. On 26 December 2002 the applicant informed the Court that the judgment had been executed when, on 18 December 2002, he had been paid UAH 3,604[2].

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4. The applicant was born in 1946 and lives in the town of Askaniya-Nova, the Kherson region. 5. By two separate decisions of 22 April 2002, the Chaplynsk Town Court ordered the State Agricultural Research Firm “Askaniya-Nova” to pay the applicant the total of UAH 10,101[1] in debts and compensation. 6. On 27 June 2002 the Chaplynsk Town Bailiffs’ Service instituted enforcement proceedings. 7. On 16 December 2002 the Kherson Regional Commercial Court initiated bankruptcy proceedings against the debtor. On 26 November 2003 the same court terminated these proceedings. On 23 May 2003 the court reinitiated bankruptcy proceedings against the debtor. 8. On 2 December 2004 the Bailiffs’ Service informed the applicant that the judgment given in his favour could not be enforced due to the debtor’s lack of funds and the fact that the procedure for the forced sale of assets belonging to the debtor had been suspended because of the moratorium on the forced sale of property belonging to State enterprises introduced by the Law of 29 November 2001. 9. The judgments in the applicant’s favour remain unenforced.

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7. The applicant is an ethnic Chechen; he was born in 1941 in the Chechen Republic and lived there. In 1994 his property in the Chechen Republic was destroyed as a result of military hostilities. Since 1996 the applicant has been living in Nalchik; on 30 December 1996 a forced migrant’s card was issued to him. At the material time the applicant was the deputy chairman of the Board of the Union of Consumer Associations of the Chechen Republic. 8. On 27 January 2000 the applicant returned by car from a mission in the Chechen Republic to Nalchik in Kabardino-Balkaria. He was accompanied by Mr Ba., driver, Mr M., a member of the Parliament of the Chechen Republic, and Mr Bi., a representative of the Chechen elders. 9. At about 5 p.m. the applicant’s car was stopped at the check-point “Kurp-2” on the administrative border between Ingushetia and Kabardino-Balkaria. After three hours of checking the documents and identities of the applicant and his travelling companions, officers of the Kabardino-Balkaria State Inspectorate for Road Safety (ГИБДД МВД КБР) refused them entry to Kabardino-Balkaria on the ground of their Chechen ethnic origin. 10. In the night of 27 January 2000, the applicant and his companions took a long detour and reached Nalchik through a different check-point. 11. On 24 February 2000 the applicant lodged a complaint with the Nalchik Town Court against the Kabardino-Balkaria Ministry of the Interior (МВД КБР). The applicant sought a declaration that the actions of the police officers had been unlawful, and claimed compensation for non-pecuniary damage caused by the alleged violation of his constitutional right to liberty of movement. 12. The Nalchik Town Court accepted the complaint, but no proceedings took place for more than a year. Following the applicant’s complaint to the Supreme Court of the Kabardino-Balkaria Republic, the Nalchik Town Court held a hearing. 13. On 13 April 2001 the Nalchik Town Court gave its judgment. The court found that on 28 September 1999 the Ministry of the Interior of Kabardino-Balkaria had issued Directive no. 1/220 (Указание МВД КБР № 1/220) on the procedure for crossing the administrative border of Kabardino-Balkaria by residents of the Chechen Republic. The regulation provided for stricter checks of vehicles and passengers of Chechen origin, as well as for the special registration of Chechens on the basis of migrants’ cards. The court questioned the police officers who had been on duty on 27 January 2000. The officers maintained that neither the applicant nor his companions had produced their migrants’ cards; the officers had informed their superior on duty of this situation and, pursuant to his oral order, they refused admission to the applicant and his companions. The court held that the applicant had failed to prove that he had indeed shown his migrant’s card to the police officers and, therefore, there was no ground to declare their actions unlawful. The court noted that on the same night the applicant had gained admission into Kabardino-Balkaria through a different check-point. The court also inspected the registration log of 27 January 2000 and noted that on the same day other Chechen passengers carrying migrants’ cards had been admitted into Kabardino-Balkaria. 14. The applicant appealed against the judgment of 13 April 2001. He submitted, in particular, that the regulation of 28 September 1999 had not been valid and enforceable because it had never been officially published. 15. On 22 May 2001 the Supreme Court of the Kabardino-Balkaria Republic upheld the judgment of 13 April 2001. The court pointed out that the burden of proof was on the applicant, who had failed to show that he had been denied entry because of his ethnic (Chechen) origin.

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4. The applicant was born in 1940 and lives in the town of Nova Kakhovka, the Kherson region. 5. The State owns 75% of the shares in the Pivdenelektromash Company (hereafter “the Company), which is therefore subject to the moratorium on the forced sale of property of State-owned entities, barring the attachment and sale of its assets. 6. On 5 June 2000 the Kherson Regional Court of Arbitration (hereafter “the Arbitration Court”) instituted bankruptcy proceedings against the Company and issued an injunction barring debt recovery. This decision led, inter alia, to the suspension of the enforcement of all court judgments given against the Company. 7. Following the adoption of the ruling of the Supreme Court of Arbitration of 10 August 2000, which directed that the bankruptcy proceedings should not impede the execution of judgments awarding salary arrears, the Novokahovsky City Bailiffs’ Service (hereafter “the Bailiffs’ Service”) resumed enforcement proceedings against the Company. 8. On 15 January 2001 the Arbitration Court approved a rehabilitation proposal and appointed a trustee to rehabilitate the Company’s business. On 17 January 2002 the court found that enforcement proceedings of any kind contradicted the June 2000 injunction, particularly in view of the pending rehabilitation programme, the success of which could be jeopardised if the Bailiffs’ actions continued (cf. Trykhlib v. Ukraine, no. 58312/00, 20 September 2005, §§ 7-14). 9. The applicant is a former employee of the Company, against which he instituted proceeding, claiming salary arrears. On 5 December 2002 the Nova Kakhovka City Court (hereafter “the City Court”) granted this claim and awarded the applicant UAH 6,044[1]. The judgment became final and was sent to the Bailiffs’ Service for compulsory enforcement. 10. By letters of 26 February 2003 and 15 April 2003, the Bailiffs’ Service and the Kherson Regional Department of Justice informed the applicant that the enforcement proceedings had been suspended due to the rehabilitation proceedings pending against the debtor. 11. On 11 August 2003 the City Court rejected the applicant’s complaint about the allegedly unlawful inactivity of the Bailiffs’ Service. The court stated that there was no fault attributable to the defendant, who had to suspend the enforcement of the applicant’s award in accordance with the Bankruptcy Act 1992. 12. On 9 December 2003 the Minister for Justice issued a circular letter, informing the Bailiffs that the injunction against debt collection in bankruptcy cases did not extend to warrants for the execution of judgments awarding salary arrears. 13. On 15 January 2004 the Bailiffs’ Service resumed the execution proceedings in the applicant’s case. On 23 January and 10 February 2004, it ordered the attachment of the Company’s accounts. However, on 27 February 2004 the Kherson Regional Commercial Court, on the trustee’s appeal, quashed these decisions because the Bankruptcy Act envisaged the obligatory suspension of enforcement proceedings pending the resolution of a bankruptcy case. The exemption of salary arrears payments from the general injunction against debt recovery concerned only the Company’s current salary expenditures. 14. The judgment in the applicant’s favour remains unenforced.

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4. The applicant was born in 1949 and currently resides in Donetsk. The applicant is a former employee of the State Skochinsky Mine (the “SSM”). 5. In December 2000 the applicant instituted proceedings in the Kirovsky District Court of Donetsk (the “Kirovsky Court”) against the SSM, seeking recovery of salary arrears. 6. On 24 January 2001 the Kirovsky Court ordered the SSM to pay the applicant UAH 9,349.78[1] in compensation. 7. On 24 February 2001 the Kirovsky District Bailiffs’ Service of Donetsk (the “Bailiffs’ Service”) instituted enforcement proceedings. 8. On 11 November 2002 the Bailiffs’ Service informed the applicant that the judgment could not be executed due to the SSM’s lack of funds. It also informed the applicant of the pending bankruptcy proceedings against the SSM and the ban imposed by the Donetsk Regional Commercial Court on the execution of judgments against the company. 9. On 23 December 2002 the Donetsk Regional Commercial Court prohibited the collection by the Bailiffs’ Service of funds from the SSM’s accounts in view of the latter’s pending bankruptcy and financial recovery programme. 10. On 7 February 2003 the Bailiff’s Service resumed the enforcement proceedings in the case. However, this decision was quashed by the Head of the Bailiffs’ Service in view of the bankruptcy proceedings pending against the SSM. 11. On 3 March 2003 the Kirovsky Court awarded the applicant additional compensation for the unreasonable delay in the execution of the judgment and ordered the SSM to pay him UAH 826.98[2] in compensation. 12. On 11 April 2003 the Donetsk Regional Commercial Court approved a friendly settlement reached between the SSM and its creditors, and terminated the bankruptcy proceedings. 13. On 19 May 2003 the SSM requested the Kirovsky Court to change the debtor in the enforcement proceedings to the State Enterprise “Donetskvugillia”, which had become the SSM’s legal successor following the decision of the Ministry of Fuel and Energy. 14. On 22 August 2003 the Bailiffs’ Service suspended the enforcement proceedings in the applicant’s case, awaiting the replacement of the debtor by the court. 15. On 15 January 2004 the Kirovsky Court effected the replacement. 16. On 11 May 2004 the applicant received the amount of UAH 9,309.88[3] awarded by the judgment of 24 January 2001 and UAH 826.88[4] awarded by the judgment of 3 March 2003.[*] 17. On 18 May 2004 the Bailiffs’ Service discontinued the proceedings in the applicant’s case in view of the full enforcement of the judgments.

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4. The applicant was born in 1945 and lives in Stročín. 5. On 18 August 1992 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. 6. On 26 October 1992 the Košice 1 District Court heard the parties. On 29 October 1992 it asked a tax office for information on the applicant’s income. The tax office submitted the information on 15 January 2003. 7. In the course of February and March 1993 the parties made further submissions and the court obtained fresh information on the applicant’s income. 8. The plaintiff did not appear before the court on 22 March 1993. The case was adjourned. Further documentary evidence was obtained in April 1993. 9. On 10 May 1993 the Košice 1 District Court ordered the applicant to pay monthly 1,200 Slovakian korunas (SKK) to his son as from 1 September 1992. The applicant appealed on 4 June 1993. On 9 July 1993 the applicant submitted another copy of his appeal and paid the court fee. The file was transferred to the appellate court on 29 July 1993. 10. On 30 September 1993 the Košice Regional Court 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 the Code of Civil Procedure and of the Family Act. Reference was made, inter alia, to Article 6 of the Code of Civil Procedure. 11. On 7 March 1994 the District Court made an inquiry about the plaintiff’s studies. On 24 March 1994 the case had to be adjourned as both the plaintiff and the applicant had not appeared. 12. Between 15 April 1994 and 9 September 1994 the District Court held five hearings and it also obtained documentary evidence. On the latter 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 23 December 1994 the District Court found that the opinion had not been submitted as the applicant had refused to co-operate with the expert. 13. On 14 February 1995 the applicant proposed to settle the case. On 28 February 1995 the plaintiff agreed to a settlement. However, the parties refused to settle the case at a hearing held on 16 March 1995. The case was adjourned. On 22 April 1996 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. 14. On 7 March 1996 the President of the Košice 1 District Court admitted, in reply to the applicant’s complaint, that there had been delays in the proceedings after the Regional Court had quashed the first instance judgment. 15. In January and in October 1997 the District Court 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. 16. On 29 April 1998 the plaintiff modified the claim. He proposed that a criminal file against the applicant be examined by the District Court. 17. On 7 May 1998 a hearing was held. In May 1998 the District Court obtained further evidence. Another hearing was held on 1 October 1998. The hearing scheduled for 30 October 1998 had to be adjourned as the requested documentary evidence had not yet been submitted to the court. 18. On 26 November 1998 the Košice 1 District Court ordered the applicant to pay SKK 1,200 monthly to his son as from 14 September 1992. It further authorised the applicant to pay the arrears for the period from 14 September 1992 to 30 November 1998 in monthly instalments of SKK 5,000. On 3 February 1999 the applicant appealed. The plaintiff submitted his comments on 23 February 1999. The applicant submitted further reasons for his appeal on 28 June 1999. 19. On 29 March 1999 the District Court delivered a supplementary judgment by which it rejected the plaintiff’s claim to the extent that it concerned the period from 1 to 13 September 1992. 20. In April and in July 1999 the District Court obtained further documentary evidence. The file was submitted to the appellate court on 17 June 1999. 21. The Košice Regional Court held hearings on 14 July 1999 and on 27 September 1999. On the latter date it upheld the first instance decision ordering the applicant to pay SKK 1,200 per month to his son. The Regional Court held that that obligation covered the period from 14 September 1992 to 31 August 1999. The decision on that issue became final on 23 November 1999. The Regional Court 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 Article 221(1)(c) of the Code of Civil Procedure. 22. On 2 December 1999 the District Court scheduled a hearing on the outstanding issue for 24 February 2000. On 15 February 1999 the applicant challenged the District Court judge involved in the case. 23. On 29 March 2000 the Košice Regional Court dismissed the applicant’s request for exclusion of the District Court judge. On 24 May 2000 the Regional Court issued a decision by which it rectified a clerical error in its decision of 29 March 2000. 24. A hearing before the District Court was scheduled for 5 October 2000. It had to be adjourned as the judge was ill. 25. The District Court heard the parties on 18 January 2001. On 9 February 2001 it gave a judgment ordering the applicant to pay to his son the outstanding sum of SKK 82,880 for the period from 14 September 1992 to 31 August 1999. It authorised the applicant to pay the sum in monthly instalments of SKK 5,000. 26. On 30 March 2001 the applicant appealed and he submitted further reasons for his appeal on 15 October 2001. 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 SKK 9,000 to his son between September 1991 and February 1992 when the latter had studied at a different school. On 5 April 2001 the plaintiff also appealed. The file was transmitted to the appellate court on 4 May 2001. 27. On 22 October 2001 the Košice Regional Court upheld the judgment of 9 February 2001. It noted that the applicant’s obligation to pay maintenance to his son had been determined in proceedings which had ended with the Regional Court’s judgment of 27 September 1999. With reference to the documents included in the file the appellate court held that the District Court had correctly determined both the sum which the applicant owed to the plaintiff and the monthly instalments for payment of that sum. 28. The appellate court’s judgment with reasons was transmitted to the District Court on 17 January 2002. The District Court served it on the parties on 30 January 2002. On that day the decision on the point in issue became final.

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9. The applicant was born in 1950 and lives in the town of Nalchik, in the Kabardino-Balkar Republic of the Russian Federation. He is a lawyer. 10. The applicant is an ethnic Chechen; he was born in the Chechen Republic and lived there. On 31 December 1994 his property in Grozny was destroyed as a result of a military operation. Since 15 August 1996 the applicant has been living in Nalchik as a forced migrant. 11. In 1997 the applicant applied for registration of his permanent residence in Nalchik. His application was rejected pursuant to the local laws of Kabardino-Balkaria prohibiting former residents of the Chechen Republic from obtaining permanent residence in Kabardino-Balkaria. The refusal of the local authorities was upheld by the Nalchik City Court on 19 September 1997 and by the Supreme Court of the Kabardino-Balkar Republic on 23 October 1997. 12. On 19 June 1999 the applicant and his driver travelled by car from Nazran in the Republic of Ingushetia to Nalchik in the Kabardino-Balkar Republic. The parties submitted different versions of the subsequent events. 13. According to the applicant, at about 3 p.m. their car was stopped at the Urukh checkpoint on the administrative border between Ingushetia and Kabardino-Balkaria. Officers of the Kabardino-Balkar State Inspectorate for Road Safety (Гибдд Мвд Кбр) refused him entry, referring to an oral instruction from the Ministry of the Interior of Kabardino-Balkaria not to admit persons of Chechen ethnic origin. He had had to turn back and make a detour of 300 kilometres to reach Nalchik through a different checkpoint. According to the Government, the applicant attempted to jump the queue of cars waiting for their turn at the checkpoint, but he was refused priority treatment and had to leave. 14. The applicant complained to a court about the allegedly unlawful actions of the police officers; he also claimed compensation for non-pecuniary damage. 15. On 25 August 1999 the Nalchik City Court dismissed the applicant's claim, finding as follows: “By an order of the Head of the State Inspectorate for Road Safety of the Kabardino-Balkar Republic (no. 68 of 21 June 1999), because of the complicated operational situation at the [administrative] border with the Chechen Republic ... with a view to preventing and putting an end to the entering into towns and villages of persons having terrorist or antisocial intentions ... the road safety police were ordered to reinforce security measures from 2 p.m. on 19 June 1999 until further notice. The police were also instructed to perform stricter controls of vehicles and passengers at checkpoints. [Police officers M., Kh. and Me.] testified before the Court that, on that day, the Urukh checkpoint had a long queue of vehicles with freight and passengers waiting for passage and registration. The car in which Mr Timishev was travelling attempted to jump the queue, but was refused priority treatment and signalled to wait its turn. None of the officers refused anyone entry into Kabardino-Balkaria on account of their ethnicity, including Mr Timishev. On that day more than seventy buses of Chechens gained entry. However, Mr Timishev accused the officers of deliberately refusing him entry because he was a Chechen. He showed his advocate's card and said that he worked in Nalchik. The Court considers that the actions of the police officers complied with the Police Act. Although Mr Timishev produced his advocate's card, it indicated that he was a lawyer in Grozny and not in Nalchik; he did not show his passport or a mission order or migrant's card to the police officer. Mr Timishev did not contest this fact. In the Court's opinion, even if Mr Timishev and his driver had had these documents, they should have waited their turn in accordance with the above-mentioned order. In these circumstances, the Court has no reason to find, and Mr Timishev did not produce evidence, that his right to liberty of movement within the Russian territory was violated. Moreover, on that day he reached Nalchik through the Nizhniy Kurp checkpoint.” 16. On 21 September 1999 the Supreme Court of the Kabardino-Balkar Republic, on an appeal by the applicant, upheld the judgment of 25 August 1999. The court pointed out that the burden of proof was on the applicant, who had failed to show that he had been denied entry because of his Chechen origin. 17. The applicant also complained to the Russian Ombudsman and to the Prosecutor General of the Russian Federation. 18. On 1 February 2000 a prosecutor from the Principal Directorate for the Northern Caucasus of the Prosecutor General's Office (прокурор отдела Главного Управления Генеральной прокуратуры РФ на Северном Кавказе) informed the applicant that, following an inquiry into the facts, the prosecutor's office had ordered the Ministry of the Interior of Kabardino-Balkaria to remedy the violation of Article 27 of the Russian Constitution (представление об устранении нарушений статьи 27 Конституции РФ) committed by officers of the State Inspectorate for Road Safety, and to take measures to avoid similar violations in the future. The relevant part of the report on the violation, attached to the order and dated 19 August 1999, reads as follows: “The Prosecutor General's Office has inquired into [the applicant's] complaint about unlawful actions by [police officers] ... It has been established that on 19 June 1999 [the applicant] and his driver V., travelling from the town of Nazran in a VAZ‑2106 car, were stopped by police officer Kh. at the Urukh checkpoint for an inspection of the car and an identity check; following the identity check they were denied entry into Kabardino-Balkaria. Junior Sergeant Kh., questioned during the inquiry, explained that at a staff meeting before taking up his duties he had received an oral instruction from the shift commander Warrant Officer M. not to allow persons of Chechen ethnic origin travelling by private car from the Chechen Republic to enter Kabardino-Balkaria. From the explanation given by Warrant Officer M., it follows that he himself had received a similar oral instruction from the operations officer on duty at the Ministry of the Interior of Kabardino-Balkaria ... On the basis of the foregoing, [the applicant and his driver] were refused entry into Kabardino-Balkaria, although they did not engage in any unlawful activity ... Thus, the actions of [police officers] M. and Kh. ... have grossly violated the constitutional rights of Russian nationals of Chechen ethnic origin, who may move freely within the territory of the Russian Federation ... These encroachments on the rule of law were caused as a result of the irresponsible approach of traffic police officers to their professional duties and poor supervision [of their actions] on the part of the management of the traffic police department of the Ministry of the Interior of Kabardino-Balkaria ...” 19. On 3 March 2000 Lieutenant-General Shogenov, the Minister of the Interior of the Kabardino-Balkar Republic, forwarded a summary of the findings of an internal inquiry to a human rights activist who had lodged complaints on behalf of the applicant. The summary bore no date and was signed by Colonel Temirzhanov, Deputy Head of the Internal Security Department of the Ministry of the Interior, confirmed by Colonel Kerefov, Head of the Internal Security Department, and approved by the Minister of the Interior himself. The summary stated: “When questioned ... by employees of the prosecutor's office of the Kabardino-Balkar Republic, Kh. [the officer who stopped the applicant] explained that at a staff meeting, before taking up his duties, he had received an oral instruction from the shift commander M. not to allow persons of Chechen ethnic origin travelling by private car from the Chechen Republic to enter the territory of the Kabardino-Balkar Republic. M. justified giving such an instruction by reference to a similar oral instruction that he had received from the Deputy Head of the Public Safety Police of the Ministry of the Interior, Colonel Efendiyev ... On 25 August 1999 ... the Nalchik City Court decided to dismiss [the applicant's] complaint because the [police] officers, who had initially maintained that they had not let the said persons enter the Kabardino-Balkar Republic, pursuant to an oral instruction by Colonel Efendiyev, had insisted before the court that [the applicant and his driver] had wanted to pass through the checkpoint without waiting in the queue, had been refused and had left ...” The summary then went on to praise the achievements of local police officers on duty at checkpoints, who had seized large quantities of weapons, drugs, counterfeit currency, and so on, and had detained many fugitives from justice. Colonel Temirzhanov concluded: “1. Information on the prohibition by officers at the Urukh checkpoint on the entry into the Kabardino-Balkar Republic of [the applicant and his driver] on the ground of their ethnicity ... may be considered untrue on the basis of the legally binding court judgments in the matter. 2. Because of their poor morale and professional qualities, which became apparent when they gave contradictory statements to the Ombudsman, the prosecutor's office and the City and Supreme Courts of the Kabardino-Balkar Republic concerning the circumstances surrounding the prohibition on the entry of [the applicant and his driver], officers M. and Kh. of the State Inspectorate for Road Safety should be subject to disciplinary proceedings. However, having regard to the fact that the [applicant's] complaint was dismissed as unsubstantiated by the Nalchik City Court and the Supreme Court, M. and Kh. are to be discussed at a meeting of the heads of the State Inspectorate for Road Safety and the measures taken shall be reported to the Internal Security Department.” The summary concluded with a recommendation to avoid similar situations impairing the constitutional rights of citizens in the future. 20. It appears that the summary was prepared in late August to early September 1999 because, on 29 September 1999, Mr Shogenov reported to the Prosecutor General's Office that the order to remedy the violation could not be implemented. He referred to the conclusions of the summary and the court decisions, alleging that the applicant and his driver had attempted “to pass through the checkpoint without waiting their turn in the queue”, and that they had “failed to produce passports, mission orders or migrants' cards”. The Minister concluded as follows: “Having regard to these court decisions and bearing in mind the specific conditions of service at checkpoints [on the border] adjacent to crime-generating regions that are often under fire, which leaves a certain impact on the regime and nature of the service of police officers ... it has been suggested that these events be discussed at an operational meeting in the division.” 21. Finally, on 12 July 2000 Mr Volodin, head of a department in the office of the Russian Ombudsman, responded thus to the applicant's complaint: “As follows from the response of the Prosecutor General's Office, the restriction on the constitutional rights of citizens to freedom of movement on the border of the Kabardino-Balkar Republic was imposed in connection with the threat of entry by subversive groups of armed bandits into its territory and was only effective for a short period of time. Under the terms of Article 56 of the Constitution of the Russian Federation, the said restriction was legitimate.” 22. Between September 1998 and May 2000, the applicant's nine-year-old son and seven-year-old daughter attended School no. 8 in Nalchik. 23. On 24 December 1999 the applicant received compensation for the property he had lost in the Chechen Republic. In exchange for compensation, the applicant had to surrender his migrant's card (миграционная карта), a local document confirming his residence in Nalchik and his status as a forced migrant from Chechnya. 24. On 1 September 2000[1] the applicant's son and daughter went to school, but were refused admission because the applicant could not produce his migrant's card. The headmaster agreed to admit the children informally, but advised the applicant that they would be immediately suspended if the education department discovered this arrangement. 25. On 4 September 2000 the applicant complained to a court about the refusal of the Nalchik Education and Science Department (Департамент образования и науки Администрации г. Нальчик – “the Department”) to admit his children to school. The Department replied that, after 24 December 1999, the applicant had had no lawful grounds for remaining in Nalchik and that his requests amounted to an encroachment on the lawful rights of other children because School no. 8 had been severely overcrowded even without his children. 26. On 1 November 2000 the Nalchik City Court dismissed the applicant's complaint as unsubstantiated. It found as follows: “[The applicant] and his family members reside in the town of Nalchik without [appropriate registration of their residence]. In these circumstances his requests to have his children admitted to School no. 8 are unsubstantiated ... According to a certificate produced by the headmaster of School no. 8, on 11 October 2000 the school had 459 pupils, whereas it was designed to accommodate 230 ...” 27. On 21 November 2000, on an appeal by the applicant, the Supreme Court of the Kabardino-Balkar Republic upheld the judgment of 1 November 2000.

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4. The applicant was born in 1948 and lives in the village of Myrne, the Autonomous Republic of Crimea (the “ARC”). 5. On 22 November 2000 the Zaliznodorozhnyi District Court of Simferopil (the “Zaliznodorozhnyi Court”) ordered the Zaliznodorozhnyi District Council of Simferopil to pay the applicant UAH 1,371.33[1] in health care allowances and salary arrears. 6. On 30 January 2001 the Zaliznodorozhnyi District Bailiffs’ Service of Simferopil instituted enforcement proceedings. 7. In August 2001 the applicant instituted proceedings in the same court against the council, seeking compensation for failure to enforce the judgment in his favour. On 25 October 2001 the court rejected his claim as unsubstantiated. The court held that the judgment was not enforced due to the lack of relevant allocations in the council’s budget, for which it could not be held responsible. On 21 January and 23 September 2002, respectively, the Court of Appeal of the ARC and the Supreme Court of Ukraine upheld that decision. 8. In 2002 the applicant instituted proceedings in the Zaliznodorozhnyi Court against the Bailiffs’ Service for failure to enforce the judgment in his favour. On 15 May 2001 the court found for the applicant and ordered the Bailiffs’ Service to apply all the measures envisaged by the law to enforce the judgment. 9. On 1 December 2003 the Bailiffs’ Service terminated the enforcement proceedings in view of the debtor’s lack of funds. 10. The judgment in the applicant’s favour remains unenforced.

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4. The applicant was born in 1980 and lives in Słupno. 5. On 12 February 2001 the Pruszków District Court (Sąd Rejonowy) remanded the applicant in custody until 11 May 2001 in view of the reasonable suspicion that he had committed 5 counts of armed robbery against lorry drivers in an organised armed group of criminals. It also had regard to the likelihood that a severe penalty might be imposed on him and the risk that he might tamper with evidence, especially as some of his accomplices had not yet been apprehended. The court further stressed that, given the applicant’s modus operandi – namely, the repeated nature of the offences in question – there was a risk that, once released, he would commit a similar offence. 6. In the course of the investigation, the applicant’s detention was prolonged on several occasions. On 10 May 2001 the Płock Regional Court (Sąd Okręgowy) ordered that the applicant be held in custody until 19 August 2001. It held that the investigation concerned several dangerous suspects and that some of them were still at large. The court considered that the applicant’s detention was necessary in order to prevent him from obstructing the investigation. It also had regard to the need to obtain extensive evidence. 7. On 14 August 2001 the Regional Court prolonged his detention until 19 November 2001. It considered that there was a real risk that the suspects, including the applicant, might obstruct the investigation, having regard to the nature of their criminal activities and the severity of the anticipated penalty. It also referred to the need to collect further evidence. On 13 November 2001 the Płock Regional Court ordered that the applicant be held in custody until 11 February 2002, relying on the same grounds as in its previous decision. 8. On 6 February 2002 the Lublin Court of Appeal (Sąd Apelacyjny) prolonged the applicant’s detention until 30 March 2002. On 26 March 2002 the Płock Regional Court ordered that the applicant be held in custody until 30 June 2002. In all those decisions the courts reiterated the grounds previously given for the applicant’s detention. They added that that measure was necessary to secure the proper conduct of the proceedings. 9. On 15 March 2002 the applicant was indicted on the charge of having committed 5 counts of armed robbery in an organised armed group before the Płock Regional Court. The bill of indictment comprised numerous charges brought against 11 accused. It appears that most charges were based on evidence given by a certain X.Y. who had been granted the status of the State’s witness (świadek koronny). 10. Subsequently, on 16 April 2002, the Płock Regional Court referred the case to the Warsaw Regional Court, holding that that court had jurisdiction to hear the case. On 10 June 2002 the Warsaw Regional Court disagreed and referred the case to the Warsaw Court of Appeal, in order to obtain a ruling as to which court was competent to deal with it. On 5 July 2002 the Court of Appeal ordered that the case be heard by the Płock Regional Court. 11. On 10 June 2002 the Warsaw Regional Court prolonged the applicant’s detention until 30 September 2002. It relied on the reasonable suspicion that the applicant had committed the offences in question. In addition, it held that the prolongation of the applicant’s detention was justified under Article 258 § 2 of the Code of Criminal Procedure. In this respect, the Regional Court observed that the likelihood of a severe penalty being imposed on the applicant might induce him to obstruct the proceedings. In its view, the continued detention was the most effective preventive measure which would secure the proper conduct of the proceedings. 12. On 17 September 2002 the Płock Regional Court ordered that the applicant be kept in custody until 12 February 2003, the date on which his detention was to reach the statutory time-limit of 2 years for pre-trial detention, laid down in Article 263 § 3 of the Code of Criminal Procedure. Consequently, further prolongation of the applicant’s detention was ordered by the Warsaw Court of Appeal. 13. The trial started on 28 October 2002. Between the latter date and 15 November 2004 the Regional Court held 89 hearings. On average, it listed 6-8 hearings monthly. Evidence from X.Y. was heard at 20 hearings since he frequently changed his testimony. 14. During the trial the Court of Appeal prolonged the applicant’s detention several times. The relevant decisions were given on 7 February 2003 (prolonging his detention until 12 April 2003), on 8 April 2003 (extending his detention up to 12 July 2003), on 11 July 2003 (ordering his continued detention until 12 October 2003), on 7 October 2003 (prolonging that period until 12 January 2004), on 19 December 2003 (extending his detention up to 12 April 2004), on 8 April 2004 (ordering his continued detention until 12 July 2004), on 9 July 2004 (prolonging his detention until 12 October 2004) and on 5 October 2004 (extending that period until 12 January 2005). 15. In all those decisions the Court of Appeal reiterated the grounds previously given for holding the applicant in custody. It also relied on the particular complexity of the case. 16. In its decision of 7 October 2003, the Warsaw Court of Appeal held that the applicant’s detention was justified under Article 258 § 2 of the Code of Criminal Procedure. That provision established a presumption to the effect that the likelihood of a severe penalty being imposed on the applicant might induce him to obstruct the proceedings. The court further considered that the risk of obstructing the proceedings had also been justified by reference to the nature of the offences at issue. The presumption established by Article 258 § 2 of the Code of Criminal procedure was also relied on by the Court of Appeal in its decision of 9 July 2004. 17. During the proceedings the applicant made numerous but so far unsuccessful applications for release and appealed, likewise unsuccessfully, against the decisions extending his detention. He contested the reasoning for the charge against him and maintained that it was solely founded on unreliable and contradictory evidence from X.Y. 18. It appears that the applicant is still in pre-trial detention.

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4. The applicant was born in 1950 and lives in the town of Nova Kakhovka, the Kherson region. 5. The State owns 75% of the shares in the Pivdenelektromash Company (hereafter “the Company), which is therefore subject to the moratorium on the forced sale of property of State-owned entities, barring the attachment and sale of its assets. 6. On 5 June 2000 the Kherson Regional Court of Arbitration (hereafter “the Arbitration Court”) instituted bankruptcy proceedings against the Company and issued an injunction barring debt recovery. This decision led, inter alia, to the suspension of the enforcement of all court judgments given against the Company. 7. Following the adoption of the ruling of the Supreme Court of Arbitration of 10 August 2000, which directed that the bankruptcy proceedings should not impede the execution of judgments awarding salary arrears, the Novokahovsky City Bailiffs’ Service (hereafter “the Bailiffs’ Service”) restarted enforcement proceedings against the Company in such cases. 8. On 15 January 2001 the Arbitration Court approved a rehabilitation proposal and appointed a trustee to rehabilitate the Company’s business. On 17 January 2002 the court found that enforcement proceedings of any kind contradicted the June 2000 injunction, particularly in view of the pending rehabilitation programme, the success of which could be jeopardised if the Bailiffs’ actions continued (cf. Trykhlib v. Ukraine, no. 58312/00, 20 September 2005, §§ 7-14). 9. The applicant is a former employee of the Company. In September 2002 he brought proceeding against it, claiming salary arrears. On 26 September 2002 the Nova Kakhovka City Court (hereafter “the City Court”) granted this claim and awarded the applicant UAH 2,517.58[1]. The judgment became final and was sent to the Bailiffs’ Service for compulsory enforcement. 10. In a letter of 13 March 2003, the Bailiffs’ Service informed the applicant that the award could not be enforced due to the debtor’s lack of funds. 11. On 9 December 2003 the Minister for Justice issued a circular letter, informing the Bailiffs that the injunction against debt collection in bankruptcy cases did not extend to warrants for the execution of judgments awarding salary arrears. 12. On 15 January 2004 the Bailiffs’ Service resumed the execution proceedings in the applicant’s case. On 23 January 2004 it ordered the attachment of the Company’s accounts. However, on 27 February 2004 the Kherson Regional Commercial Court, on the trustee’s appeal, quashed these decisions because the Bankruptcy Act envisaged the obligatory suspension of enforcement proceedings pending the resolution of a bankruptcy case. The exemption of the payment of salary arrears from the general injunction against debt recovery concerned only the Company’s current salary expenditures (see Trykhlib v. Ukraine, cited above, § 20). 13. The judgment of the City Court of 26 September 2002 remains unenforced.

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6. The applicant was born in 1952 and apparently lives in Portugal. 7. On 30 March 1993 the applicant was interrogated on suspicion of debtor’s dishonesty. He had acted as a financial consultant in connection with transactions between two companies, Osakeyhtiö Six (as of 1997 Fryckman-Yhtiö Oy) and Moniplan Oy. On 30 December 1988 Osakeyhtiö Six had sold to Moniplan Oy the shares of its subsidiaries Six-Myynti Oy (later Seroponex Oy) and Aromimauste Oy (later Cenoporex Oy). The above-mentioned sales contract had later been declared null and void in civil proceedings. 8. On 15 December 1993 the applicant was charged with two counts of aiding and abetting debtor’s dishonesty before the District Court (käräjäoikeus, tingsrätten) of Helsinki. At the same trial the owners of Osakeyhtiö Six and Moniplan Oy were charged with two counts of debtor’s dishonesty. The case was heard on 26 occasions before the District Court. 9. On 10 December 1997 the Helsinki Tax Rectification Committee (verotuksen oikaisulautakunta, prövningsnämnden i beskattningsärenden found Seroponex Oy and Cenoporex Oy liable to pay certain taxes. They appealed to the County Administrative Court (lääninoikeus, länsrätten). 10. At the 16th hearing on 10 June 1997 the District Court adjourned the case in anticipation of the outcome of the taxation proceedings pending before the County Administrative Court. 11. After the 19th hearing, held on 27 May 1998, the presiding judge died and she was replaced by another judge. 12. On 11 March 1999 the County Administrative Court issued its decision, dismissing the appeals. 13. At the 23rd hearing on 23 June 1999 and 24th hearing on 18 November 1999 the District Court adjourned the case in anticipation of the outcome of the taxation proceedings which were now pending before the Supreme Administrative Court (korkein hallinto-oikeus, högsta förvaltningsdomstolen). In two decisions of 2 December 1999 the court dismissed the appeals. 14. At the 25th hearing on 9 February 2000 the District Court took note of the above decisions and deferred judgment until 13 June 2000, when it found the applicant guilty on both counts. He was sentenced to a suspended term of imprisonment of eight months and ordered to pay damages jointly and severally with two other convicted persons. 15. On 23 November 2001 the Court of Appeal (hovioikeus, hovrätten) of Helsinki dismissed the applicant’s appeal. 16. On 28 June 2002 the Supreme Court (korkein oikeus, högsta domstolen) refused the applicant leave to appeal.

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4. The applicant was born in 1967 and lives in the town of Torez, the Donetsk region. 5. On 1 June 1999 the Torez Town Court ordered the Progres State Mine to pay the applicant UAH 11,695.98[1] in occupational disability allowances and salary arrears. 6. On 28 June 1999 the Torez Town Bailiffs’ Service instituted enforcement proceedings in respect of that judgment. 7. By three decisions of 19 January 2001, the labour disputes commission of the mine awarded the applicant UAH 16,197.63[2] in arrears of salary and occupational disability allowances. 8. According to the Government, the judgment and the commission’s decisions were partly enforced in instalments: in November 1999, December 2000, June and September 2001 the applicant received a total of UAH 6,329.45[3], on an unspecified date he received a total of UAH 8,500.79[4], and in July and September 2003 he was paid UAH 2,984.74[5]. 9. The parties did not specify the date on which the applicant was paid the remaining amount of the awards of the judgment and the commission’s decisions awards (UAH 10,078.63[6]). 10. On 22 September 2003 the Bailiffs’ Service terminated the enforcement proceedings in view of the full enforcement of the judgment and the commission’s decisions given in the applicant’s favour.

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4. The applicant was born in 1945 and lives in the town of Pervomaysk, the Mykolaiv region. 5. On 22 December 1997 the Pervomaysk Town Court found the applicant guilty of libel and sentenced her to a public reprimand. By the same decision, the court rejected the applicant’s criminal law complaint against Mr and Mrs S as unsubstantiated. On 29 January 1998 the Mykolaiv Regional Court upheld that decision. 6. By two decisions of 16 February and 21 November 2000, the Pervomaysk Town Court ordered the Pervomaysk Town Department of Education (the “Department”) to pay the applicant UAH 2,641.19[1] in salary arrears and other payments. 7. On 31 March 2000 and 5 February 2001, respectively, the Pervomaysk Town Bailiffs’ Service instituted enforcement proceedings in respect of these judgments. 8. By a number of letters between 2000 and 2003, the Bailiffs’ Service and the Ministry of Education informed the applicant that the judgments in her favour could not be enforced due to the lack of State budgetary allocations in respect of the Department’s expenditures. 9. According to the Government, the Department transferred the amounts due under the judgments to the deposit account of the Bailiffs’ Service in two instalments of 27 June and 4 July 2003. 10. The applicant acknowledged that on 9 and 10 July 2003 she had been invited to obtain the money due to her at the premises of the Bailiffs’ Service. She has, however, failed to do so, no reasons having been given.

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4. The applicant was born in 1933 and lives in the town of Chuguyev, the Kharkiv region. 5. The State owns 32.67% of the shares in the Chuguyevskaya Toplivnaya Apparatura Company (the applicants’ employer, hereafter “the Company”), which is therefore subject to the Law of 29 November 2001 “on the Introduction of a Moratorium on the Forced Sale of Property”. 6. On 2 December 1999 the labour disputes commission of the Company awarded the applicant UAH 1,216[1] in salary arrears. On the same date the commission issued a certificate to the applicant, which had the same status as a court’s writ of execution. The enforcement proceedings were initiated on 8 December 1999 by the Chuguyev City Department of the State Bailiffs’ Service (the “Bailiffs”). 7. On 12 June 2002 the Chuguyev City Court ordered that the Company’s salary, social benefits and alimony arrears be paid by instalments. The court referred, inter alia, to the practical suspension of the enforcement proceedings against the Company following the adoption of the aforementioned moratorium Law. 8. In a letter of 2 July 2003, the Kharkiv Regional Department of Justice (the “Department”) also referred to this Law as being an impediment to the enforcement of the award. However, the Department indicated that the proceedings with respect to the assets of the Company not covered by the moratorium (i.e. bank accounts) were to continue. 9. Numerous enforcement proceedings against the Company (including the applicant’s case) were impeded by the decision of the City Court of 12 June 2002. Therefore, on 30 July 2002 and 29 October 2002, the Bailiffs applied to the court, requesting the clarification of its decision. However, it was not until 9 April 2003 that the clarification, enabling the Bailiffs to carry out the enforcement, was delivered. 10. On a number of occasions between July 2002 and February 2004, the Kharkiv Regional Commercial Court instituted bankruptcy proceedings against the Company and issued an injunction barring further debt recovery. The last decision of this kind was taken on 19 February 2004. 11. According to a letter dated 5 May 2004 from the Department, the enforcement of the applicant’s award was hindered by both the City Court decision of 12 June 2002 and the bankruptcy proceedings against the Company. The latter caused the Bailiffs to stay the enforcement proceedings on a number of occasions (the last such suspension being made on 16 May 2003 and subsequently lifted on 16 January 2004). 12. On 31 March 2005 the award was fully paid to the applicant.

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9. The applicant is the owner and publisher of the weekly magazine “Profil”. 10. In its issue 25/1998 of 15 June 1998 the applicant company published an article about Mr R., at that time a member of Parliament, and his cohabitee Mrs G. The article, with the title “Diary of an escape” and the subtitle “Report. Several myths are entwined around P. R.’s trip to Brazil. The reconstruction of a banal reality”, described the couple’s flight from Austria in April 1998 as Mr R. was suspected of having committed the offences of aggravated fraud (Betrug) and fraudulent conversion (Untreue). After an international arrest warrant had been issued, Mr R. was arrested in Brazil on 5 June 1998. At the time of the events, great public interest in the criminal proceedings against Mr R. existed. After Mr R.’s arrest, Mrs G. had given interviews on these events. The article was accompanied by a photo, which appeared on another page, showing Mrs G. standing beside Mr R. 11. The article and its context, namely a short text accompanying photos showing the couple’s hotel and a bar in Brazil, contained the following statements: “...Thus, the Lower Austrian mutation of ‘Bonnie and Clyde’ started on the last part of their trip, a four hour bus ride... (Also brach die niederösterreichische Mutation von Bonnie and Clyde zur letzten Etappe, einer vierstündigen Busfahrt...auf.) ...The first two weeks, ‘Bonnie and Clyde’ hardly ever left the hotel... (Die ersten beiden Wochen verlassen ‘Bonnie und Clyde’ das Haus praktisch nie.) ...’Bonnie and Clyde’ from Lower Austria wish to rent the Mayor’s bar... (‘Bonnie und Clyde’ aus Niederösterreich wollen die Bar des Bürgermeisters pachten.) ...’Bonnie and Clyde’ are dreaming of a decent life as pub owners... (‘Bonnie und Clyde’ träumen von einem bescheidenen Leben als Barbetreiber.)” The article, when describing the arrest of Mr R., further stated : “C. G., against whom no suspicion exists, stays behind. (Zurück bleibt C.G., gegen die nichts vorliegt.)” 12. On 20 November 1998 Mrs G. brought proceedings against the applicant company claiming compensation for defamation under Section 6 of the Media Act (Mediengesetz). Further she requested supplementary measures under the Media Act, such as the publication of the judgment. She stressed that the applicant company, by publishing the article at issue, had committed the offence of defamation under the Criminal Code (Üble Nachrede). 13. She argued that the comparison with the famous criminals ‘Bonnie and Clyde’ from the thirties, whose story was the basis of a film produced in the sixties, could have given the impression that she was also involved in the offences of Mr R. 14. On 7 April 1999 the Wiener Neustadt Regional Court (Landesgericht) dismissed Mrs G.’s claim. It found that the average reader would have understood “Bonnie and Clyde” as a synonym for a couple on the run and that it had been a pictorial description with a humorous and entertaining message. It considered that the average reader would have connected “Bonnie” with a woman who follows her partner “through thick and thin” and that the characterisation as “Bonnie” did not amount to an accusation of having participated in the offences of Mr R. 15. On 4 November 1999 the Vienna Court of Appeal (Oberlandesgericht) quashed this decision and remitted the case to the Regional Court. It observed that “Bonnie and Clyde” had been violent criminals and found that the established connection between Mrs G. and “Bonnie” created an “inherent statement of having participated in criminal acts” even though “it had been expressly stated in the article that no suspicion had existed against Mrs G.”. It, therefore, concluded that the applicant company had committed the offence of defamation under Section 111 § 1 of the Criminal Code (Strafgesetzbuch) by publishing the article at issue and stated that its finding had to be taken into account by the Regional Court in its new decision. 16. On 3 February 2000 the Regional Court sentenced the applicant company to pay compensation of ATS 20,000 (1,453.46 euros) for defamation and to reimburse Ms G.’s costs of the proceedings and ordered it to publish an extract of its judgment in its magazine. Following the Court of Appeal’s line of argument it found, referring to the above mentioned passages of the incriminated article, that: “... the well-known movie ‘Bonnie and Clyde’ described two ordinary people who make the American dream of liberty and wealth come true by stealing cars, robbing banks and killing people. (...) The reader primarily associates Bonnie with a criminal who had, together with her partner, robbed innumerable banks and had killed 14 persons within two years. (...) Nobody would have connected Bonnie only with a naive angel, who followed her partner devotedly but, rather, with a woman who would kill to assist the common purpose ‘escape’. (...) Beyond doubt the reader is forced to make a connection with capital crime. (...) The allegation of participating in criminal offences constitutes defamation within the meaning of Section 111 § 1 of the Criminal Code.” 17. On 22 March 2000 the applicant company filed an appeal and stressed, inter alia, that the incriminating passages had to be considered in connection with the article as a whole. It submitted that the article was written in an ironical style and could not have given the impression that Mrs G. had committed any criminal acts. 18. On 9 August 2000 the Court of Appeal dismissed the appeal and confirmed the Regional Court’s decision as a whole. 19. On 9 February 1999 Mrs G. applied to the Wiener Neustadt Regional Court for an injunction under Section 78 of the Copyright Act (Urheberrechtsgesetz) against the applicant company. She requested that the applicant company be ordered to refrain from publishing her picture without her consent in connection with reporting on the criminal proceedings against Mr R. or, in the alternative, that the applicant company be ordered to refrain from publishing her picture without her consent in connection with referring to her and Mr R. as “Bonnie and Clyde”. Furthermore, she requested an order for the publication of the judgment in the applicant company’s magazine. 20. She argued that the publication of her picture in connection with a report on the criminal proceedings against Mr R. violated her legitimate interests under Section 78 of the Copyright Act and that the comparison with the famous criminals “Bonnie and Clyde” could have given the impression that she had been involved in the offences of which Mr R. was accused. 21. The applicant company, in its observations, argued that the report at issue expressly mentioned that there were no criminal proceedings pending against Mrs G. and that the report was written in an ironical style and could not have given the impression that Mrs G. had committed any criminal acts. Moreover, she had willingly given interviews to the media and had her pictures taken by journalists. As regards the comparison of Mrs G. with “Bonnie”, the applicant company submitted that the reader of its magazine understood “Bonnie and Clyde” as a synonym for a couple on the run and not for violent criminals. Finally, it contended that the great public interest in the events justified the publication of Mrs G.’s picture. 22. On 19 February 1999 the Wiener Neustadt Regional Court granted an interim injunction (einstweilige Verfügung). It found the measure justified as the interest in the publication of Mrs G.’s picture violated her legitimate interests. 23. On 27 April 1999 the Court of Appeal allowed the applicant company’s appeal and dismissed Mrs G.’s application. 24. On 13 September 1999 the Supreme Court (Oberster Gerichtshof) partly allowed Mrs G.’s extraordinary appeal on points of law and granted the interim injunction she had requested in the alternative, i.e. it ordered the applicant company to refrain from publishing Mrs G.’s picture without her consent in connection with referring to her and Mr R. as “Bonnie and Clyde”. 25. The Supreme Court observed that Section 78 of the Copyright Act prohibited publishing a person’s picture if the publication violated that person’s legitimate interests and that the publication of her picture had to be considered together with the content of the published report. The court referred further to its case-law in which it had found that the publication of the picture of a spouse of a suspect was not of any informative value and that the concerned spouse’s interest in secrecy, therefore, outweighed the interest of information. The court found, however, that in the present case Mrs G. was far more involved in the case of Mr R. than simply being Mr R.’s cohabitee or girlfriend, as she had prepared the escape with him and had finally escaped with Mr R. Therefore, the applicant company’s interest in publishing her picture in principle outweighed Mrs G.’s legitimate interests in secrecy. 26. The court then argued that the text of the article at issue, compared Mrs G. with the female partner of the violent criminals “Bonnie and Clyde” and could give the impression to the readers of the magazine that Mrs G. as “Bonnie” had been involved in the criminal offences of her partner. The Supreme Court, thus, concluded that, although it seemed that Mrs G. had consented to the publication of her picture in connection with the criminal proceedings against Mr R., her legitimate interests were violated by the publication of her photo in combination with a comparison with the criminal “Bonnie”. 27. On 2 February 2001 the Wiener Neustadt Regional Court granted a permanent injunction prohibiting the applicant company from publishing Mrs G.’s picture while comparing her and Mr R. with “Bonnie and Clyde” or while connecting her with the commission of criminal offences. 28. On 3 May 2001 the Court of Appeal dismissed the applicant company’s appeal and ordered the applicant company to pay Mrs G.’s costs of the appeal proceedings. 29. On 12 September 2001 the Supreme Court, referring to its decision of 13 September 1999, rejected the applicant company’s extraordinary appeal on points on law. This decision was served on 2 October 2001.

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4. The applicants were born in 1947 and live in Litomyšl and České Budějovice respectively. 5. On 26 September 1994 the applicants instituted restitution proceedings in the Žďár nad Sázavou District Court (okresní soud). 6. Received on 30 September 1994, the court sent the action on 31 October 1994 to the defendants for their observations. On 29 November 1994 and 25 January 1995 respectively, it requested the Land Registry (katastr nemovitostí) to provide it with supplementary documents. 7. On 22 February 1995 the District Court requested the applicants to complete their action in order to reflect the facts revealed by the Land Registry’s documents. The applicants complied on 14 March 1995. The next day, the court requested the Land Registry to provide additional documentation. 8. On 6 April 1995 it invited the applicants to substantiate the defendants’ liability to be sued (pasivní legitimace). 9. On 24 April 1995 the applicants requested the District Court to include a fourth defendant in the proceedings. The court had therefore to obtain information about this new defendant from the Register of Companies (obchodní rejstřík). 10. On 19 September 1995 it invited one of the defendants to submit written observations. On 23 October 1995 the court received the applicants’ proposal to modify their restitution action. The same day, it admitted the new version of the action. 11. A hearing scheduled for 12 April 1996 was adjourned at the applicants’ request until 4 June 1996. 12. On 25 April 1996 the court received observations from one of the parties to the proceedings. 13. One of the applicants did not attend the hearing of 4 June 1996 which was then adjourned sine die in order to produce the evidence suggested by the parties. 14. On 20, 21, 24, 25 and 27 June, 17 July and 4 September 1996, the District Court received documentary evidence. 15. In a judgment of 1 October 1996 the District Court dismissed the applicants’ restitution action. 16. On 18 October 1996 the applicants appealed. On 23 October 1996 they motivated their appeal, which was forwarded to the Brno Regional Court (krajský soud) on 12 December 1996. 17. On 22 November 1999 the Regional Court, having requested further evidence on 3 November 1996 and having held a hearing on 15 November 1999, modified the first instance judgment. 18. On 29 December 1999 the case file was returned to the District Court and, on 3 January 2000, the Regional Court’s judgment was sent to the parties. 19. On 3 March 2000 the applicants filed a constitutional appeal (ústavní stížnost), claiming that Articles 1 (equality of all), 3 (prohibition on discrimination) and 11 § 1 (right to property) of the Charter of Fundamental Rights and Freedoms (Listina základních práv a svobod) had been violated. 20. On 12 April 2000 the Supreme Court (Nejvyšší soud) dismissed the appeal which the applicants had lodged on points of law (dovolání) on 4 February 2000. 21. On 17 May 2000 the Constitutional Court (Ústavní soud) invited the applicants to remove certain shortcomings in their appeal. The applicants complied on 2 June 2000. On 20 June 2000 the court dismissed the applicants’ constitutional appeal.

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4. Ms Yekaterina Nikiforovna Miroshnichenko (the first applicant) and Ms Tatyana Ivanovna Grabovskaya (the second applicant) were born in 1948. Both applicants live in the town of Chuguyev, the Kharkiv region. 5. The State owns 32.67% of the shares in the Chuguyevskaya Toplivnaya Apparatura Company (the applicants’ employer, hereafter “the Company”), which is therefore subject to the Law of 29 November 2001 “on the Introduction of a Moratorium on the Forced Sale of Property”. 6. On 12 June 2002 the Chuguyev City Court (hereafter the “City Court”) ordered that the Company’s salary, social benefits and alimony arrears be paid by instalments. The court referred, inter alia, to the practical suspension of the enforcement proceedings due to the aforementioned moratorium Law. 7. On 25 November 2002 and 3 March 2003, the City Court awarded the first applicant a total of UAH 2,810[1] against the Company in salary arrears. On 3 March 2003 the City Court made a similar award in favour of the second applicant for the sum of UAH 2,178.35[2]. 8. Both judgments became final and were sent to the Chuguyev City Bailiffs’ Service (hereafter “the Bailiffs”) for compulsory enforcement. 9. In a letter of 8 July 2003, the Kharkiv Regional Department of Justice (hereafter “the Department”) informed the first applicant that the award could not be immediately enforced due to, inter alia, the moratorium Law. However, the Department indicated that the proceedings with respect to the assets of the Company not covered by the moratorium (i.e. bank accounts) were to continue. On 10 March 2004 the second applicant received a similar letter from the Bailiffs. 10. Numerous enforcement proceedings against the Company (including the applicants’ cases) were impeded by the decision of the City Court of 12 June 2002. Therefore, on 30 July 2002 and 29 October 2002, the Bailiffs applied to the court, requesting the clarification of its decision. However, it was not until 9 April 2003, that the clarification, enabling the Bailiffs to carry out the enforcement, was delivered. 11. On a number of occasions between July 2002 and February 2004, the Kharkiv Regional Commercial Court instituted bankruptcy proceedings against the Company and issued an injunction barring further debt recovery. The last decision of this kind was taken on 19 February 2004. 12. According to a letter dated 5 May 2004 from the Department, the enforcement of the applicants’ awards was hindered by both the City Court decision of 12 June 2002 and the bankruptcy proceedings against the Company. The latter caused the Bailiffs to stay the enforcement proceedings on a number of occasions (the last such suspension being made on 16 May 2003 and subsequently lifted on 16 January 2004). 13. The judgments in the applicants’ favour remain unenforced.

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4. The applicant was born in 1937 and lives in the town of Dnipryany, the Kherson region. 5. On 15 January 2002 the Nova-Kakhovka Town Court ordered the Joint Stock Company “Pivdenelektronmash”, in which the State held 75% of the share capital, to pay the applicant UAH 4,831.83[1] in salary arrears. At that time there were bankruptcy proceedings pending against the debtor company. 6. On 21 February 2002 the Nova-Kakhovka Town Bailiffs’ Service instituted enforcement proceedings. 7. On the same date the Bailiffs’ Service suspended the enforcement proceedings because of the fact that the procedure for the forced sale of assets belonging to the debtor had been suspended by the moratorium on the forced sale of property belonging to State enterprises introduced by the Law of 29 November 2001. 8. On 3 June 2002 the Nova-Kakhovka Town Court, following the applicant’s request, quashed that decision. 9. On 26 June 2002 the Bailiffs’ Service terminated the enforcement proceedings in view of the tax lien placed on the debtor’s property and its lack of funds. 10. On 15 October 2002 the same court quashed the decision of the Bailiffs’ Service and ordered the latter to resume the enforcement proceedings. 11. On 20 December 2002 the Bailiffs’ Service suspended the enforcement proceedings due to the bankruptcy proceedings pending against the debtor company. 12. On 4 February 2003 the same court quashed the decision of 20 December 2002 and ordered the Bailiffs’ Service to renew the enforcement proceedings. On 20 May 2003 the Kherson Regional Court of Appeal upheld decision of the first instance court. 13. In November 2003 the applicant was paid UAH 1,635[2]. 14. In April 2004 the applicant instituted proceedings in the Nova-Kakhovka Town Court against the Bailiffs’ Service, seeking compensation for failure to enforce the judgment given in his favour. On 7 October 2004 the court rejected the applicant’s claim as unsubstantiated. The applicant did not appeal against that decision. 15. The judgment in the applicant’s favour remains to a large extent unenforced, the outstanding debt being UAH 3,196.83[3].

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6. T. and A. are the father and mother of J. and S. and were born in 1949. J. was born in 1975 and S. was born in 1985. The applicants live in Helsinki. 7. In September 1990 the parents and the social welfare authority were informed by day care staff that S. had been playing “sexually coloured” games with other children. S. stated that an older boy had initiated the games. 8. On 29 January 1991, S. was admitted to the A. hospital for examinations. In February 1991 the parents and the social welfare authorities were informed of the hospital’s conclusion that S. had been subjected to incest by T. It was suspected that T. had also sexually abused J. T., A. and J. denied the accusations. On 26 March 1991 S. was transferred to a children’s home. 9. On 20 June 1991 the parents requested that S. be discharged from the children’s home. This request was refused and on 26 June 1991 S. was placed in public care by decision of the Director of the Social Welfare and Health Care Board, which was endorsed by the Board on 27 June 1991. 10. On 11 July 1991 the Board ordered that S. be taken into public care for an indefinite period of time, with a review of the care plan to take place at the latest in September 1991. The Board took note of an opinion of 12 March 1991 of psychologist M.S., Dr P.T. and another expert to the effect that there was an incestuous relationship at least between S. and T. S. was deemed to be in need of safe conditions away from his home, so as to prevent a continuation of the incestuous relationship. S. was also in need of therapy which in order to be successful required that he be provided with stable conditions. 11. On 11 July 1991 the Social Welfare and Health Care Board also decided to request an investigation into whether S. had been the victim of a sexual offence. On the basis of the pre-trial investigation the public prosecutor subsequently charged T. with sexual abuse. 12. On 13 March 1992 T.’s appeal against the care order was refused by the County Administrative Court. The court noted that the examinations both at the Family Advice Centre and the hospital had to some extent been conducted in a tendentious manner and some of S.’s statements had been wrongly interpreted. Although the conclusion by the hospital staff that S. had been subjected to incest could not therefore be fully endorsed, the investigation results could not be wholly disregarded. The court went on to find that the care order would not be lifted. 13. On 8 October 1992 the Helsinki City Court (raastuvanoikeus, rådstuvurätten) acquitted T. of the incest charges. It found it established that S. had been subjected to sexual abuse, but noted the contradictory testimony as to whether the abuse had been inflicted by T. The results of the examinations of S. were also open to differing interpretations. 14. On 12 and 22 October 1992 A. demanded that the care of S. be terminated in light of T.’s acquittal and his having moved out of the home. 15. On 10 December 1992 the Social Welfare and Health Care Board refused the request, considering that the conditions for continued public care were still met. It also restricted access to S. 16. On 28 December 1992 the Supreme Administrative Court (korkein hallinto-oikeus, högsta förvaltningsdomstolen) refused the parents’ appeal against the County Administrative Court’s decision of 13 March 1992. 17. On 19 July 1993, further restrictions on access to S. were imposed. 18. On 16 September 1993 the County Administrative Court upheld the public care order. The court considered, on the one hand, that T.’s acquittal of the incest charges was not decisive when assessing whether the public care of S. needed to be continued. The home environment had seriously jeopardised S.’s development. On the other hand, the family circumstances had changed since S.’s placement in public care, A. now being capable of providing the necessary care. Since S.’s possible return to live with A. was to be prepared and gradually implemented, the public care order could not yet be revoked. The court went on to revoke the access restrictions as being unlawful. When heard in private, S. had expressed his longing to go home and his wish to see his parents as frequently as possible. It further ordered the social authorities to allow unsupervised visits. 19. In the criminal proceedings against T., the prosecutor’s and the Social Welfare and Health Care Board’s appeals were rejected by the Helsinki Court of Appeal (hovioikeus, hovrätten) on 8 February 1994. The court found that the Social Welfare Board had no standing to bring charges against T. As for the merits, the court found that the charges had to be examined mainly on the basis of S.’s own statements and the observations of his play, given that the investigations forming the basis for the charges had been limited to him alone. The court found that S. had been subjected to leading questions, in part exerting pressure on him. Some of his answers had been wrongly understood. During part of the investigation period S. had been isolated from his parents, which might have affected his behaviour negatively. In particular in view of the differing expert opinions concerning the investigation methods, the Court of Appeal could not find the charges proven. 20. On 3 June 1994 S. was returned to A.’s home and on 8 June 1994 the public care order was revoked by the Social Welfare and Health Care Board. On 23 January 1995 the Supreme Administrative Court refused the parents’ appeal in so far as it concerned the decision of 10 December 1992, upheld by the County Administrative Court on 16 September 1993, to continue the public care. The Supreme Administrative Court noted that the public care had ended on 3 June 1994 and that the conditions for revoking the care had not yet been met at the time of the challenged decisions. 21. On 21 June 1994 the applicants initiated private prosecution proceedings and proceedings for damages against the City of Helsinki and eight officials who had taken part in implementing the public care examinations and treatment in respect of S. The applicants accused the officials as well as S.’s therapist inter alia of having abused their public office in subjecting S. to inappropriate investigation methods and in drawing erroneous conclusions from the resultant findings. The public prosecutor did not join the private prosecution but participated in the trial ex officio. 22. Hearings were held before the District Court (käräjäoikeus, tingsrätten) of Helsinki on 24 August and 2 November 1994. During the third hearing on 18 January 1995 the public prosecutor suggested that a police investigation be carried out into the alleged offences and that an opinion be obtained from the National Authority for Medico-Legal Affairs (terveydenhuollon oikeusturvakeskus, rättskyddscentralen för hälsovården; “the Medico-Legal Authority”). 23. No police investigation was conducted however and on 3 March 1995 the police requested the Medico-Legal Authority to submit an opinion. On 30 May 1995 the Authority requested senior physician S.H. to submit an expert opinion. He returned the documents on 5 July 1995 without however submitting any opinion. On the same day another request was made to professor E.R. 24. On 5 September 1995 the A. hospital was asked to provide the Medico-Legal Authority with the patient records, video tapes and any other relevant material which were then forwarded to E.R. This expert’s opinion was received on 27 October 1995. 25. On the same day the police reminded the Medico-Legal Authority that it had not yet submitted its opinion. On 16 November 1995 the police was informed that the Medico-Legal Authority had found it necessary to seek further expert opinions. 26. On 12 December 1995 the police again reminded the Medico-Legal Authority that its opinion was still outstanding. 27. On 15 May 1996 the Medico-Legal Authority requested child psychotherapist H-O.P. and psychologist S.T. to submit expert opinions. On 19 July 1996 the Authority reminded H-O.P. that no opinion had been received. S.T.’s opinion was received on 30 July 1996. 28. On 9 September 1996 the Medico-Legal Authority requested H-O.P. and S.T. to submit more detailed expert opinions. 29. On 18 October 1996 the police again reminded the Medico-Legal Authority that its opinion was still outstanding. H-O.P.’s opinion was received by the Authority on 31 October 1996. 30. On 14 January 1997 the Medico-Legal Authority submitted documentary evidence to S.T. in order to facilitate the preparation of a more detailed expert report. An expert meeting was organised by the Authority on 7 February 1997. 31. On 25 June 1997 the Medico-Legal Authority reminded H-O.P. that no opinion had been received from him. 32. On 30 June 1997 a supplementary opinion was likewise requested from E.R. 33. On 4 July 1997 H-O.P. was again reminded that that no further opinion had been received from him. 34. On 18 July 1997 and 8 August 1997 respectively the Authority received the supplementary opinions of E.R. and H-O.P. 35. Meanwhile, the case had been before the District Court on 31 May and 22 November 1995, 29 May and 4 December 1996 and 21 May 1997. On each occasion the case had been adjourned in anticipation of the Medico-Legal Authority’s opinion. 36. The Medico-Legal Authority’s opinion was delivered on 14 November 1997, its conclusion being that the investigation into the suspected sexual abuse of S. had been conducted in accordance with approved and generally applied practice in the beginning of the 1990’s. For reasons of competence, the Authority limited itself to reviewing the professional conduct of child psychiatrist L.K. of the Family Advice Centre, of child psychiatrist R.H. at the A. hospital and of V.-M.T., senior physician at the said hospital. Referring to the expert opinions it had obtained, the Authority detected no errors or deficiencies in the conduct of those three officials, taking into account the practice applied at the relevant time. 37. Attached to the Authority’s opinion was a list of the material available to it for the purpose of drawing up its opinion. The material included minutes from the earlier proceedings before the Helsinki District Court and the Uusimaa County Administrative Court as well as various other material in the form of written statements, case records and audio and video recordings. 38. At its next hearing on 3 December 1997 the District Court heard as expert witnesses the three authors of the opinions submitted to the Medico-Legal Authority for the preparation of its own opinion. 39. The case was next heard on 14 January, 15-16 April, 2 June, 10‑11 June and 26 August 1998. The subsequent hearing scheduled for 29 September 1998 was cancelled since the presiding judge had died. 40. The next hearings were held on 12 February, 10 March and 16 April 1999. The following hearing scheduled for 6 May 1999 was cancelled due to the new presiding judge’s illness. The next hearings were held on 11 June and 2 September 1999. 41. According to the applicants, the presiding judge who had taken over the case towards the end of 1998 refused to allow any questions by the applicants’ representative as to the scientific qualifications of the experts consulted by the Medico-Legal Authority. 42. Four other expert witnesses were also heard in the District Court but the presiding judge who had taken over the case refused to allow the hearing of two counter experts proposed by the applicants (A. and H.-S.) and whereby they had sought to prove that the Medico-Legal Authority’s opinion had not been prepared in accordance with scientific standards. 43. On 29 October 1999 and after having dealt with the case on 23 occasions the District Court delivered its judgment, finding that none of the alleged offences had been proved by the applicants. The applicants were ordered to pay the defendants’ costs in the amount of FIM 840,000 (over EUR 140,000). This amount was accumulating FIM 7,000 in interest per month and the Bailiff levied execution on one third of A.’s and J.’s salaries. 44. The applicants appealed to the Helsinki Court of Appeal and requested a re-hearing. They proposed to hear experts A. and H.-S. They were granted two extensions of one month each in order to file and complete their appeal. 45. In its judgment of 27 March 2002 the Court of Appeal upheld the District Court’s conclusions without having held a re-hearing. As the lower court had applied the relevant provisions as in force on 1 October 1997 the Court of Appeal applied them likewise. As a consequence, it could have held an oral hearing under chapter 26, section 7 of the Code of Judicial Procedure had it found that necessary. It noted however that there was no dispute as to the contents of the written testimony recorded in the District Court’s minutes. Whereas no question arose as to the credibility of witnesses there was disagreement as to how the written expertise should be interpreted. Given that the joint opinion of A. and H.-S. had already been recorded in the minutes and given the other evidence at its disposal, the Court of Appeal concluded that an oral hearing was not necessary. 46. The applicant parents were ordered to pay the defendants’ fees and costs but the court lifted the applicant children’s obligation to participate jointly in their reimbursement. 47. On 22 November 2002 the Supreme Court (korkein oikeus, högsta domstolen) refused the applicants leave to appeal. In seeking such leave the applicants had argued, inter alia, that the lower courts had refused to take oral evidence from expert A. since his written testimony had been recorded in the minutes of the criminal proceedings against T. By failing to examine A. in the criminal proceedings initiated by the applicants the lower courts had violated the principle of immediacy in the taking of evidence. Furthermore, no decision had been recorded and no reasons had been given for the courts’ refusal to take oral expert testimony from H.-S. The District Court’s refusal had occurred after a prior agreement to the contrary.

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4. The applicant was born in 1945 and lives in Lugansk. 5. On 26 May 2000, the Leninskyi District Court of Lugansk ordered the State Enterprise “Luganskyi Stankobudivelnyi Zavod” to pay the applicant UAH 1,240.65[1] in salary arrears and other payments. 6. On 8 June 2000 the Leninskyi District Bailiffs’ Service of Lugansk instituted enforcement proceedings. 7. In August 2003 the applicant instituted proceedings in the same court against the Bailiffs’ Service for failure to enforce the judgment in his favour. On 15 May 2001 the court found against the applicant, finding no fault on the part of the Bailiffs. On 18 June 2001 the Lugansk Regional Court of Appeal upheld the decision of the first-instance court. 8. On 1 February 2002 the Bailiffs’ Service informed the applicant that the judgment given in his favour could not be enforced due to the large number of enforcement proceedings against the debtor and the fact that the procedure for the forced sale of assets belonging to the debtor had been suspended because of the moratorium on the forced sale of property belonging to State enterprises introduced by the Law of 29 November 2001. 9. In March 2002 the applicant instituted proceedings in the Leninskyi District Court of Lugansk against the Bailiffs’ Service, seeking compensation for failure to enforce the judgment in his favour. On 7 May 2002 the court rejected his claim as being unsubstantiated. On 8 August 2002 and 9 January 2003, respectively, the Lugansk Regional Court of Appeal and the Supreme Court of Ukraine upheld that decision. 10. On 27 April 2005 the applicant received the full amount of the judgment debt.

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4. The applicant was born in 1948 and resides in the town of Zhovti Vody, the Dnipropetrovsk Region. 5. On 7 May 1999 and 30 August 2001 the Zhovti Vody City Court (hereafter “the City Court”) awarded the applicant a total of UAH 3,124[1] against the State-owned Electrongaz Company (hereafter “the Company”) in salary arrears. Both judgments became final and were sent to the Zhovti Vody City Bailiffs’ Office (hereafter “the Bailiffs”) for compulsory enforcement. 6. In a letter of 27 February 2003, the Bailiffs informed the applicant that the enforcement of the judgments in her favour was impeded by the entry into force of the Law on the Introduction of a Moratorium on the Forced Sale of Property 2001, which barred the attachment and sale of the Company’s assets. 7. On 7 March 2003 the Dnipropetrovsk Regional Commercial Court (hereafter “the Commercial Court”) instituted bankruptcy proceedings against the Company and issued an injunction barring any debt recovery. On 10 October 2003 the Commercial Court approved a rehabilitation proposal and appointed a trustee to rehabilitate the Company’s business. 8. On 21 October 2004 the Bailiffs terminated the enforcement proceedings in the applicant’s favour as both awards were fully paid to her.

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4. The applicant was born in 1975 and lives in Kehl, Germany. 5. The applicant has a son, N.D.K., born out of wedlock in 1995. Under German law she has sole custody of her son. 6. The applicant had lived with her son and his father, Ž.P., until 1999, when Ž.P. fled Germany on account of several sets of criminal proceedings instituted against him. From then on Ž.P. lived in Croatia, whereas the applicant intended to continue living with her son in Germany. They visited Ž.P. on several occasions. 7. At some time in May 2000, during one of their visits to Croatia, Ž.P. did not allow the applicant to take N.D.K. back to Germany. In the following months the applicant visited her son several times in Croatia and requested Ž.P. to allow her to take him back, but in vain. 8. On 8 September 2001 the applicant managed to take N.D.K. back to Germany. However, on 18 September 2001 Ž.P. kidnapped N.D.K. in the open street in Kehl and took him back to Croatia. 9. Meanwhile, on an application by the applicant, on 25 April 2001 the Freudenstadt District Court (Amtsgericht Freudenstadt) issued a decision confirming that Ž.P.’s decision to keep the child in Croatia had been “wrongful” within the meaning of Article 3 of the 1980 Hague Convention on the Civil Aspects of International Child Abduction (“the Hague Convention”). Following an appeal by Ž.P., on 28 January 2003 the Stuttgart Court of Appeal (Oberlandesgericht Stuttgart) upheld the first-instance decision. 10. Furthermore, on 25 April 2001, relying on the Hague Convention, the applicant requested the Chief Federal Prosecutor (Generalbundesanwalt) as the German central authority to return her son. The Chief Federal Prosecutor immediately contacted the Croatian Ministry of Health and Social Welfare (Ministarstvo zdravstva i socijalne skrbi) as the Croatian central authority. In letters of 12 June and 19 December 2001 the Chief Federal Prosecutor informed the applicant that he had not received any reply to his request from the Croatian central authority. 11. In Croatia, on an unspecified date in the summer of 2001, the Ministry of Health and Social Welfare instructed the Poreč Welfare Centre (centar za socijalnu skrb) to contact Ž.P. and order him to return N.D.K. to the applicant. Ž.P. refused to do so. 12. Thus, on 21 October 2001 the Poreč Welfare Centre instituted proceedings for the child’s return in the Poreč Municipal Court (Općinski sud u Poreču). 13. The court held three hearings and took testimonies from the applicant, Ž.P. and a representative of the Poreč Welfare Centre. 14. On 6 May 2002 the Poreč Municipal Court ordered that N.D.K. be returned to the applicant. On appeal, on 14 October 2002 the Pula County Court (Županijski sud u Puli) quashed that decision and remitted the case to the first-instance court, ordering it to determine the exact time of N.D.K.’s alleged abduction and whether the conditions set out in Articles 12 and 13 of the Hague Convention had been met. 15. In the resumed proceedings the Poreč Municipal Court held a hearing on 6 May 2003, when it heard evidence from an expert in clinical psychology. The expert stated that there was no threat that, by being returned to Germany, N.D.K. would be exposed to any harm. 16. On 12 May 2003 the Poreč Municipal Court again ordered that N.D.K. be returned to the applicant. On 18 August 2003 the Pula County Court dismissed an appeal by Ž.P. as being ill-founded. 17. On an application by the applicant, on 29 September 2003 the Poreč Municipal Court issued an enforcement order (rješenje o ovrsi), ordering immediate enforcement of the above decision by a court bailiff assisted by the police. 18. On 9 October 2003 a court bailiff attempted to enforce the above decision. He went to Ž.P.’s house, but N.D.K. was not there and Ž.P. refused to say where he was. 19. In letters of 15 October 2003 and 10 November 2003 the court requested the local police authorities to provide information on the whereabouts of the child. The police informed the court that N.D.K. was in Slavonski Brod. Subsequently, the Poreč Municipal Court forwarded the enforcement order to the Slavonski Brod Municipal Court (Općinski sud u Slavonskom Brodu). On 2 April 2004 the Slavonski Brod Municipal Court informed the Poreč Municipal Court that N.D.K. was not residing in that area. 20. On 9 April 2004 the Poreč Municipal Court again requested the local police to locate Ž.P. and N.D.K. 21. On 24 May 2004 the Poreč Municipal Court imposed a sanction of 30 days’ detention on Ž.P. for failing to comply with the court’s order of 12 May 2003. He was also ordered to disclose where N.D.K. was. On appeal, on 14 June 2004 the Pula County Court upheld the first-instance decision, but reduced the sanction to eight days’ detention. 22. On 8 July 2004 the Poreč Municipal Court again imposed a sanction of 30 days’ detention on Ž.P. 23. On 17 September 2004 the authorities made another attempt to enforce the Poreč Municipal Court’s order of 12 May 2003. Three police officers, a court bailiff and the applicant’s lawyer came to Ž.P.’s home and requested him to hand over N.D.K. Ž.P. refused to do so and used force in fleeing the premises along with his son. 24. The Poreč police subsequently filed a criminal complaint against Ž.P. alleging the criminal offence of making threats. On 12 October 2004 Ž.P. was found and taken into custody. Having complained about some health problems, he was transferred to a hospital, from which he managed to escape. 25. The Government submitted that on 26 January 2005 the applicant sought postponement of the enforcement for one month, considering that it might be possible to reach a settlement with Ž.P. concerning the return of N.D.K. 26. The Poreč Municipal Court held a hearing on 2 February 2005, at which the lawyer representing the applicant, a certain D.Š., stated that N.D.K. had been returned to the applicant. At the same time, Ž.P.’s lawyer stated that his client had covered the full cost of the proceedings. In accordance with the parties’ statements, on the same day the court delivered a decision declaring that the enforcement proceedings had been concluded. The applicant never appealed against that decision. 27. The applicant submitted that D.Š.’s statement given to the court on 2 February 2005 was false and did not reflect the facts. She claimed not to have known that the hearing of 2 February 2005 would take place at all and not to have given any instruction to D.Š. to declare that she had been reunited with N.D.K. While it was true that she had seen her son on several occasions in early 2005, she had never been alone with him, nor had he ever been returned to her custody. 28. The applicant submits that she has not yet been reunited with N.D.K., who is apparently still in Croatia with Ž.P.

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4. The applicant was born in 1925 and lives in Cork. He is a medical doctor. In May 1995 a formal complaint was made to the police by a former female patient that she had been indecently assaulted by the applicant and that he had made video recordings. On 4 June 1995 a search warrant was obtained. On 6 June 1995 his home, clinic and consulting rooms were searched. Videos were found reflecting matters similar to those about which the woman had complained. Pills obtained by a prescription made out to, and using the medical card of, another patient were found although that patient knew nothing of the pills. A replica pistol and blank ammunition were found. The applicant was questioned. He admitted that he had obtained pills in that manner for several years. 5. In July 1995 the Medical Council (“the Council”) was informed of a number of complaints against him by two former female patients and, in August 1995, the police confirmed to the Council that they were investigating allegations of indecent assault by the applicant. In October 1995 the Council received written complaints from those two patients alleging sexual assault and blackmail. On 19 October 1995 the Fitness to Practice Committee (“the Committee”) of the Council decided that there was a prima facie case for the holding of an enquiry. 6. On 27 October 1995 the High Court made an order (unpublished) restraining him from practising pending the outcome of the inquiry. On 6 November 1995 the High Court ordered the removal of the applicant’s name from the register of practitioner’s and restrained him from practising pending the inquiry and all consequent proceedings. The High Court also agreed that the Council could make public the “sequence of events” including the orders of 27 October and 6 November 1995. The Council issued a press release on the same day which included the applicant’s name, the terms of those two High Court orders and details of how an individual could complain to the Council about a medical practitioner. Further complaints (600) were then received from other former female patients of the applicant, of which 145 made formal statements to the police. 7. The applicant left Ireland for a number of months to avoid the publicity but kept in contact with the police through his solicitor. On 2 March 1996 he attended with his solicitor, and by prearranged appointment, at a police station to enquire as to whether there were criminal charges pending against him. He claims that he was informed that no charges were pending. However, on 6 March 1996 when he voluntarily attended the same police station with his solicitor, his solicitor insisted on attending the interview, the police refused and, given the dispute, arrested the applicant (under Section 4 of the Criminal Justice Act 1984 – for the proper investigation of a crime - on suspicion of sexual assault of a former patient) during which period the applicant saw his solicitor. The period of lawful detention expired that evening: that same evening he appeared voluntarily before a High Court judge in his habeas corpus application. That application was later determined against him. 8. On 9 April 1996 the Chief State Solicitor advised the applicant that certain summonses had issued against him. The applicant was served at his solicitor’s office. The charges concerned the pills, replica pistol and ammunition found. On 8 July 1996 these charges were, pursuant to his application, struck out for lack of evidence. 9. On unspecified dates, certain former patients, also complainants in the criminal proceedings, initiated civil actions against the applicant alleging sexual assault. These proceedings are defended by the applicant. 10. On 18 July 1996 the applicant informed the Committee that the criminal proceedings had been favourably disposed of and that the pending civil actions against him (by patients who had not complained to the Council) would be vigorously defended: he asked for the resumption of the disciplinary inquiry. A hearing was held on 11 November 1996 and the Committee rejected his request to hold the inquiry in public. The applicant’s request for leave to apply for judicial review of that decision was rejected by the High Court but was granted by the Supreme Court (December 1996). The High Court (February 1997) and then the Supreme Court (December 1997) rejected the substantive judicial review application and appeal, respectively. When it became subsequently clear that sexual assault charges would be pursued against him, the Council proceedings were stayed. 11. In April 1997 the applicant was served with a routine summons under the Police Property Act 1897 (in order to allow them to dispose of the blank ammunition and the replica pistol). That summons lapsed as it was returnable for a bank holiday. 12. On 30 October 1997 the applicant was arrested on foot of a warrant (issued on 29 October 1997) in respect of an alleged sexual assault of a former patient on a date between 1 October 1992 and 30 November 1992. A list of all charges concerning 43 complainants was read to him later in the police station: he was thereby formally charged with 237 offences of a sexual nature. He was brought before the District Court later that morning to considerable media attention. Bail was opposed but granted on condition that he report to a police station every Monday morning. His passport was impounded. 13. On 14 November 1997 he unsuccessfully applied for a copy of the statement grounding the application for his arrest warrant. On 17 November 1997 he was given leave to apply for judicial review for an order prohibiting his prosecution on three grounds, including “gross and inexcusable delay”. A stay on prosecution was granted pending the determination of the judicial review proceedings. 14. In February and March 1998 the respondents submitted a statement of opposition and three affidavits. On 9 March 1998 an order for discovery was made against the respondents. In April, May, June and July 1998 the proceedings were adjourned on the application of the respondents. In early July 1998 the respondents filed their first affidavit of discovery and in late July the applicant requested further discovery. The proceedings were adjourned six times between July and November 1998 at the respondents’ request. On 7 December 1998 the respondents requested the hearing of the substantive matter; on 8 December 1998 they filed a further affidavit of discovery; on 9 December 1998 the applicant issued a motion requesting further and better discovery; and on 10 December 1998 the respondents requested that a date be fixed for the substantive hearing. 15. On 28 January 1999 the High Court ordered the applicant to file an affidavit listing those documents over which he disputed the respondents’ assertion of privilege. The applicant filed an affidavit on 9 February 1999 but it was later found not to have complied with the order of 28 January 1999. In response, the respondents filed affidavits on 3 June 1999. On that date the High Court heard the applicant’s motion for further discovery, ordered the respondents to make further discovery by 25 June 1999 and the matter was adjourned to 2 July 1999. On 29 June 1999 the applicant filed an affidavit complaining, inter alia, about delay in the case. On 30 June 1999, and further to the respondents’ submission that another affidavit and discovery would be soon ready, the matter was adjourned to 27 July 1999. 16. On 25 July 1999 the applicant was informed that a further adjournment would be applied for by the respondents. On 26 July 1999 the adjournment was accorded by the High Court (until 11 October 1999). The applicant filed an affidavit on that date again complaining about delay. The respondents filed further affidavits in September and October 1999 as did the applicant on 7 October 1999. On 11 October 1999 a further adjournment was accorded, with the applicant’s consent on the basis that the respondents furnish him with all non-contested documents by 29 October 1999. On 4 November 1999 the High Court ordered him to clarify within 3 weeks the documents in respect of which he contested the privilege claimed by the respondents. On 2 December 1999 the applicant filed a further affidavit. 17. On 3 December 1999 the hearing of the application for further and better discovery resumed. At this hearing the applicant indicated that he disputed privilege in relation to the complainants’ statements and the medical reports. The court ordered the respondents to make the complainants’ statements available to the applicant (with addresses blocked out). It made no order as regards the respondents’ medical reports and indicated that it would provide the first available date for the hearing of the substantive judicial review matter. 18. In December 1999 the substantive judicial review hearing was fixed for 22 February 2000. However, on 18 February 2000, the respondents filed another 10 affidavits. As a result, the substantive hearing had to be adjourned. Both parties were in agreement that the case should not be re-listed until the Supreme Court had given judgment in a case which was relevant to one (not delay) of the grounds of review (“the related case”). 19. In the meantime, the procedural disputes continued. The applicant disputed the claimed privilege during a hearing from 22 to 26 February 2000. During a hearing on 14, 15 and 16 March 2000 the applicant sought further inspection of the respondents’ documents. On 2 April 2001 the High Court refused this application. It noted that, while the respondents had been “grossly in delay” in filing the affidavits in February 2000, the information contained therein had not added anything material to the case. It also noted that the applicant had not complied with the High Court’s order of 28 January 1999 to specify which of the documents, in which the respondents were claiming privilege, were being disputed. 20. The Supreme Court gave judgment in the related case in May 2001. The applicant’s substantive hearing was set down for 11 January 2002. It ended on 25 January 2002 and judgment was reserved. 21. On 14 February 2003 the High Court delivered its judgment refusing the relief (prohibition of prosecution) sought by the applicant. It found that both parties were at fault for the delay caused by the discovery process: the applicant for not being more focused as to the documents he required (and in particular not complying with the order of 28 January 1999); the respondents for being slow to furnish discovery. It also stated that the respondents had been entirely to blame for the adjournment of the proceedings on 22 February 2000. However, it considered that this default had not caused any significant delay because the proceedings had to be adjourned anyway to await the judgment in the related case. Accordingly, by judgment of 13 March 2003 the High Court removed the stay on prosecution and ordered the applicant to pay the State’s costs. 22. In April 2003 the applicant appealed (against the refusal of the prohibition order and the order for costs). In October 2003 the Supreme Court heard the appeal. On 17 December 2003 it rejected the appeal concerning the refusal of the prohibition order. It considered that some of the delay in the judicial review proceedings was the fault of the applicant (for not complying with the order of 28 January 1999); some was necessary (in order to await the judgment in the related case); some was caused by the Director of Public Prosecutions (“D.P.P.”) (in particular the adjournments they sought during the protracted discovery process); and some was caused by the High Court (in failing to deliver judgment for over a year). It held that it could only take into account the delay for which the D.P.P. was responsible. 23. As to the “considerable delay” of the High Court in delivering judgment, it said: “...it is a complete misunderstanding of the decision of the European Court of Human Rights in Doran v. Ireland [no. 50389/99, ECHR 2003‑X (extracts)] to treat it as authority for the proposition that, in a case such as the present, the right of the public, as represented by the D.P.P., to the trial of serious offences can be defeated by a delay for which the prosecuting authorities bore no responsibility. The decision of the majority of the [C]ourt in Doran v Ireland ... does not have the effect of entitling a party in the domestic courts to relief which would otherwise not be available to him.” 24. On 30 January 2004 the Supreme Court affirmed the costs order of the High Court and required the applicant to pay the respondents’ costs. 25. In December 2004 the applicant was informed by the police that, in light of the Supreme Court’s judgment, the prosecution would proceed before the District Court on 22 December 2004. On that date, the prosecutor withdrew charges concerning four complainants but maintained the charges of sexual assault concerning 38 complainants. The prosecution sought and was granted an adjournment (until 19 January 2005) to allow it to prepare a Book of Evidence after which it was envisaged that the charges would be transferred for trial on indictment. On 26 January 2005 the District Court lifted his bail conditions. It ordered the transfer of the charges to the Circuit Court for trial on indictment. The District Court refused to conduct a preliminary examination of the charges under Part II of the Criminal Procedure Act 1967 (which provision had been repealed by Part III of the Criminal Justice Act 1999 in October 2001). On 21 February 2005 the High Court granted leave to seek judicial review of this refusal by the District Court. A medical report dated 11 March 2005 concluded that the applicant’s advanced age and the ongoing prosecution “have affected his physical and mental condition to such an extent that at this point in time his capacity to defend himself is impaired”. The Medical Council disciplinary proceedings and the civil assault actions have been adjourned pending the criminal proceedings.

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1. The case originated in an application (no. 2333/02) against the Republic of Lithuania lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Lithuanian national, Mr Haroldas Trijonis (“the applicant”), on 19 April 2001. 3. The application was allocated to the Third Section of the Court (Rule 52 § 1 of the Rules of Court). Within that Section, the Chamber that would consider the case (Article 27 § 1 of the Convention) was constituted as provided in Rule 26 § 1. Mr P. Kūris, the judge elected in respect of Lithuania, withdrew from sitting in the case (Rule 28). The Government accordingly appointed Mr J. Hedigan, the judge elected in respect of Ireland, to sit in his place (Article 27 § 2 of the Convention and Rule 29 § 1). 4. The applicant complained inter alia that criminal proceedings against him had been excessively long contrary to the requirements of Article 6 of the Convention, and that the remand measure of home arrest ordered in the context of those proceedings had breached Article 5 of the Convention. The applicant made his last communication to the Court by an undated letter received on 24 February 2004, stating that he had maintained his complaints under the Convention. 5. On 1 November 2004 the Court changed the composition of its Sections (Rule 25 § 1). This case was assigned to the newly composed Third Section (Rule 52 § 1). 7. By a letter of the Registry of 31 March 2005 the applicant was informed about the decision. It was noted in the letter that the applicant had until 23 May 2005 to submit his observations on the merits, his position on the friendly settlement in the case, and his claims for just satisfaction (Rules 59, 60 and 62 of the Rules of Court). The letter was sent to his home address in Klaipeda by ordinary post. 9. By a letter of the Registry of 21 June 2005, sent to the applicant’s home address by registered post, the applicant was reminded that he had not submitted a reply to the Court’s letter of 31 March 2005. The applicant’s attention was drawn to Article 37 § 1 (a) of the Convention which provided that the Court could strike the case out of its list of cases where the circumstances led to the conclusion that an applicant did not intend to pursue the application. 10. On 23 September 2005 a further letter of the Registry was sent to the applicant’s home address by registered post, reiterating the contents of the letters of 31 March and 21 June 2005. 11. Receipt by the applicant of the registered letters of 21 June and 23 September 2005 was confirmed by the post service. However, the applicant has not replied to any of the above-mentioned letters from the Registry of the Court.

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14. The applicant was born in 1937 and lives in Nicosia. 15. He is an advocate who has been practising for over forty years. He was formerly a lawyer at the Office of the Attorney‑General and a member of the Cypriot House of Representatives. 16. On 14 February 2001 the applicant was defending a person accused of murder before the Limassol Assize Court. He alleged that, while he was conducting the cross-examination of a prosecution witness, a police constable, the court interrupted him after he had put a question to the witness. He claimed that he had felt offended and had sought permission to withdraw from the case. In their written observations, the Government stated that the court had attempted to make a routine intervention with a simple and polite remark regarding the manner in which the applicant was cross-examining the witness. The applicant had immediately interrupted, without allowing the court to finish its remark and refusing to proceed with his cross-examination. 17. The verbatim record of the proceedings reports the following exchange (translation): “Court: We consider that your cross-examination goes into detail beyond the extent to which it should go at this stage of the main trial regarding questions... Applicant: I will stop my cross-examination... Court: Mr Kyprianou... Applicant: Since the Court considers that I am not doing my job properly in defending this man, I ask for your leave to withdraw from this case. Court: Whether an advocate is to be granted leave to withdraw or not is a matter within the discretionary power of the court and, in the light of what we have heard, no such leave is granted. We rely on Kafkaros and Others v. the Republic and we do not grant leave. Applicant: Since you are preventing me from continuing my cross-examination on significant points of the case, then my role here does not serve any purpose. Court: We consider your persistence... Applicant: And I am sorry that when I was cross-examining the members of the Court were talking to each other, passing ravasakia among themselves, which is not compatible with allowing me to continue the cross-examination with the required vigour, if it is under the secret scrutiny of the Court. Court: We consider that what has just been said by Mr Kyprianou, and in particular the manner in which he addresses the Court, constitutes a contempt of court and Mr Kyprianou has two choices: either to maintain what he said and to give reasons why no sentence should be imposed on him, or to decide whether he should retract. We give him this opportunity exceptionally. Section 44(1)(a) of the Courts of Justice Law applies to its full extent. Applicant: You can try me. Court: Would you like to say anything? Applicant: I saw with my own eyes the small pieces of paper going from one judge to another when I was cross-examining, in a way that is not very flattering to the defence. How can I find the stamina to defend a man who is accused of murder? Court (Mr Photiou): It so happens that the piece of paper to which Mr Kyprianou refers is still in the hands of brother Judge Mr Economou and Mr Kyprianou may inspect it. Court (Mrs Michaelidou): The exchange of written views between the members of the bench as to the manner in which Mr Kyprianou is conducting the case does not give him any rights, and I consider Mr Kyprianou's behaviour utterly unacceptable. Court (Mr Photiou): We shall have a break in order to consider the matter. The defendant [in the main trial] should in the meantime remain in custody. ... Court: We considered the matter during the adjournment and continue to believe that what Mr Kyprianou said, the content, the manner and the tone of his voice, constitute a contempt of court as provided for in section 44(1)(a) of the Courts of Justice Law (no. 14/1960) ... that is showing disrespect to the court by way of words and conduct. We already asked Mr Kyprianou before the break if he had anything to add before we pass sentence on him. If he has something to add, let us hear him. Otherwise, the Court should proceed. Applicant: Mr President, during the break, I certainly wondered what the offence was which I had committed. The events took place in a very tense atmosphere. I am defending a very serious case; I felt that I was interrupted in my cross-examination and said what I said. I have been a lawyer for forty years, my record is unblemished and it is the first time I have faced such an accusation. That is all I have to say. Court: We shall adjourn for ten minutes and shall then proceed with sentencing.” 18. After a short break the Assize Court, by a majority, sentenced the applicant to five days' imprisonment. The court referred to the above exchange between the applicant and its members and held as follows: “... It is not easy, through words, to convey the atmosphere which Mr Kyprianou created since, quite apart from the unacceptable content of his statements, the tone of his voice as well as his demeanour and gestures to the Court, not only gave an unacceptable impression of any civilised place, and a courtroom in particular, but were apparently aimed at creating a climate of intimidation and terror within the Court. We are not exaggerating at all in saying that Mr Kyprianou was shouting at and gesturing to the Court. It was pointed out to him that his statements and his behaviour amounted to contempt of court and he was given the opportunity to speak. And while there was a reasonable expectation that Mr Kyprianou would calm down and that he would apologise, Mr Kyprianou, in the same tone and with the same intensity already referred to, shouted, 'You can try me'. Later, after a long break, Mr Kyprianou was given a second chance to address the Court, in the hope that he would apologise and mitigate the damage caused by his behaviour. Unfortunately, at this stage Mr Kyprianou still showed no signs of regret or, at least, of comprehension of the unacceptable situation he had created. On the contrary, he stated that during the break he wondered what his crime had been, merely attributing his behaviour to the 'very tense atmosphere'. However, he was solely responsible for the creation of that atmosphere and, therefore, he cannot use it as an excuse. Mr Kyprianou did not hesitate to suggest that the exchange of views between the members of the bench amounted to an exchange of 'ravasakia', that is, 'love letters' (See Dictionary of Modern Greek – 'Spoudi ravasaki (Slavic ravas), love letter, written love note'). And he accused the Court, which was trying to regulate the course of the proceedings, as it had the right and the duty to do, of restricting him and of doing justice in secret. We cannot conceive of another occasion of such a manifest and unacceptable contempt of court by any person, let alone an advocate. The judges as persons, whom Mr Kyprianou has deeply insulted, are the least of our concern. What really concerns us is the authority and integrity of justice. If the Court's reaction is not immediate and drastic, we feel that justice will have suffered a disastrous blow. An inadequate reaction on the part of the lawful and civilised order, as expressed by the courts, would mean accepting that the authority of the courts be demeaned. It is with great sadness that we conclude that the only adequate response, in the circumstances, is the imposition of a sentence of a deterrent nature, which can only be imprisonment. We are well aware of the repercussions of this decision since the person concerned is an advocate of long standing, but it is Mr Kyprianou himself who, through his conduct, has brought matters to this end. In the light of the above we impose a sentence of imprisonment of five days.” 19. The President of the Assize Court, however, considered that the imposition of a fine amounting to 75 Cyprus pounds (approximately 130 euros), that is, the maximum penal sum provided by section 44(2) of the Courts of Justice Law 1960 (Law no. 14/1960), would have been the appropriate sentence. 20. The applicant served his prison sentence immediately. He was in fact released before completing the full term, in accordance with section 9 of the Prison Law (Law no. 62(I)/1996 – see paragraph 39 below). 21. On 15 February 2001 the applicant lodged an appeal with the Supreme Court, which was dismissed on 2 April 2001. 22. In his appeal, the applicant relied on a total of thirteen grounds challenging the procedure followed by the Limassol Assize Court, its decision and the sentence imposed on him. The eighth ground of his appeal read as follows: “According to established precedent, the imposition of a sentence on an advocate is practised with restraint and in serious cases, and never for the suppression of methods of advocacy that are simply offensive given that the advocate has sufficient freedom in the handling of his client's case. The conduct of the [applicant] counsel could not be described either as aggressive or as contemptuous of the Court under all the circumstances even though it constituted expression of the feelings of counsel under the pressure of cross-examination of witnesses in a murder case and the refusal of the Court after an intervention at the stage of cross-examination to allow counsel to withdraw from the case.” 23. The Attorney-General was invited by the Supreme Court to take part in the proceedings as amicus curiae. 24. In its decision dismissing the applicant's appeal, the Supreme Court stated that the relevant constitutional provisions of Cypriot law on contempt of court reflected the principles of English law. It relied on Article 162 of the Constitution, which enables the enactment of legislation giving jurisdiction to any court to order the imprisonment for up to twelve months of any person who does not comply with a judgment or order of that court, and to punish contempt of court. It held that section 44(2) of the Courts of Justice Law was lawfully authorised by Article 162. Finally, it concluded that it was the applicant who had created a tense atmosphere by his disdainful attitude and by undermining the court's role. 25. The Supreme Court held, inter alia: “We think that there was nothing wrong in the determination of the acts of contempt. The Court gave Mr Kyprianou the chance to reply, predetermining indirectly its intention not to continue with imposing a sentence, should Mr Kyprianou dissociate himself from what he had said and did so with an expression of sincere apology. There was no apology. ... It is our finding that Mr Kyprianou, by words and conduct, showed disrespect to the Court, by committing the offence of contempt of court referred to in section 44(2) of the Law. ... It is not fortuitous that the successive objectives of the constitutional legislator, which are embodied in Article 30 and Article 162 of the Constitution, exist side by side. The power to sanction contempt of court is aimed at the protection of judicial institutions, which is essential in order to safeguard a fair trial. The identification of the judge with a prosecutor made by the applicant's lawyer overlooks the court's role and the purpose for which it is granted authority. Its authority is interwoven with the prerequisites for securing its judicial function. The role of the judge is nothing more than that of the defender of judicial proceedings and of the court's authority, the very existence of which are necessary to secure a fair trial. A lawyer, a servant of justice, is not a party to the case. By abusing the right to be heard and being in contempt of court, a lawyer intervenes in the proceedings, as any third party, and interferes with the course and thereby harms justice. The judicial sanctioning of contempt, where necessary, is a judicial duty exercised for the purpose of securing the right to a fair trial. The impersonal and objectively defined issue is associated with the facts of the case; any indifference of the court in the face of reproach regarding its function would leave it exposed to the charge that it does not conduct a fair trial. The fairness of the judges is the quintessence of the administration of justice. ... In this case, Mr Kyprianou tried to prevail over the court and direct the course of the trial. If the court remained indifferent before such a scene, this would constitute a betrayal of the performance of its duty.” 26. The Supreme Court concluded as follows: “We find that Mr Kyprianou, by words and conduct, showed disrespect to the court and committed the offence of contempt in the face of the Court contrary to section 44(2) of the Law.” 27. In relation to the sentence imposed on the applicant, the Supreme Court stated, inter alia, the following: “The exercise of the power of the court to impose sentence on persons who act in contempt of court is the ultimate measure, but it is indispensable whenever the dignity of the court is offended and the fulfilment of its mission impeded. Punishment is not a court's choice. It becomes its duty only when justice demands it. It is indicative of the rarity of a lawyer's conviction for contempt of court that this is the first time, since the establishment of the Republic, as far as we are able to ascertain, that a sentence of imprisonment has been imposed on a lawyer for contempt of court. This attitude is not unrelated to the awareness of the lawyer's mission. It is not possible, however, to allow the legal profession to act contrary to the lawyer's function. The lawyer who repudiates his role as a servant of justice also repudiates the protection that is given to him for putting his client's rights forward without fear or distraction. In setting himself against the court for his own purposes, he acts contrary to his vocation and shares the same fate as everyone else who acts in contempt of court. It is sad that Mr Kyprianou did not withdraw what he said and did in the Assize Court. He did not apologise, even before us. ... It was up to the Assize Court to deal with the contempt and to decide the means for the treatment and punishment of the person in contempt. No reason has been shown which justifies our intervention with regard to the sentence imposed. We feel sad because a lawyer like Mr Kyprianou, with forty years of service in the profession, was convicted and sentenced to imprisonment for contempt of court. But we are even sadder because a lawyer with so many years in service struck at Justice. We are relieved this is the first time that Justice has suffered in this way. We hope that this will also be the last time.”

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6. The applicant was born in 1936 and currently resides in Dneprodzerzhinsk, the Dnepropetrovsk Region. The applicant is a former employee of the Public Transportation Company “Dneprodzerzhinskgorelectrotrans” (“the PTC”), managed and owned by the Department of Communal Property of the Dneprodzerzhinsk City Council. 7. On 5 July 2000 the applicant instituted proceedings in the Zavodskoy District Court of Dneprodzerzhinsk against the PTC, seeking compensation for unpaid salary. On 18 July 2000 the Zavodskoy District Court of Dneprodzerzhinsk allowed her claims and ordered the PTC to pay her UAH 2,970 in compensation. 8. On 10 August 2000 the Bailiffs’ Service instituted the enforcement proceedings with regard to the judgment of 18 July 2000. 9. In June 2001 the applicant instituted proceedings against the PTC, seeking compensation for delayed salary payments, unpaid salary and compensation for moral damage. On 4 July 2001 the Zavodskoy District Court of Dnepropetrovsk allowed the applicant’s claims in part and ordered the PTC to pay her UAH 990 and UAH 800 in compensation for pecuniary and non-pecuniary damage respectively. 10. The execution proceedings for this judgment were initiated on 16 July 2001. 11. On 3 September 2001 the Zavodskoy Bailiffs’ Service informed the applicant that the aforementioned judgments could not be executed due the PTC’s lack of funds. 12. On 4 February 2002 the Bailiffs’ Service proposed that the PTC’s property (trams, technical equipment and an administrative building) be transferred to the debtors. 13. On 14 June 2002 the Dnipropetrovsk Regional Department of Justice also informed the applicant that the judgments could not be executed due to the PTC’s lack of funds. 14. On 6 September 2002 the Bailiffs’ Service returned the writs of enforcement to the applicant unenforced. On 20 September 2002 the applicant informed the Court that the execution proceedings were still pending. 15. On 7 June 2003 the applicant received UAH 1,380 in partial enforcement of the judgments against PTC. On 17 June 2003 the Donetsk Regional Commercial Court declared the PTC bankrupt. 16. On 14 October 2004 the applicant informed the Court that the outstanding unpaid debt was UAH 1,436. 17. On 16 December 2004 the PTC ceased to exist as a result of its liquidation. 18. On 1 February 2005 the applicant informed the Court that the unpaid amount was UAH 800.

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4. The applicant was born in 1946 and lives in Neryungri. 5. On 10 April 2002 the Nyuringri Town Court granted the applicant’s civil action against the Neryungri Town police department and awarded her 16,683.23 Russian roubles (“RUR”). On 5 June 2002 the Supreme Court of the Sakha (Yakutiya) Republic upheld the judgment on appeal. On the same day the judgment became final and enforceable. 6. On 3 December 2002 the Nyuringri Town Court issued a writ of execution. 7. On 16 July 2003 the applicant submitted the writ of execution to the Neryungri Town police department. 8. On 8 December 2004 the Neryungri Town Administration transferred RUR 16,683.23 to the applicant’s account.

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8. The applicant was born in 1971 and lives in Moscow. 9. On 3 June 1998 the applicant was arrested and taken to the Kapotnya district police station in Moscow, where he was searched and found to be in possession of a sachet of heroin. In a decision of 4 June 1998 the head of the Kapotnya district police department held that the applicant had committed an act of petty hooliganism and ordered him to pay an administrative fine. He was released on 5 June 1998, according to his submissions, and on 4 June 1998, according to the Government. On 5 June 1998 criminal proceedings were brought against the applicant on suspicion of procuring and storing drugs. The investigation resulted in the indictment of the applicant for procurement, storage and sale of drugs, punishable under Article 228 § 4 of the Criminal Code. 10. On 2 April 1999 the Lyublinskiy District Court of Moscow convicted the applicant and SZ under Article 228 § 4 of the Criminal Code of having unlawfully procured, stored with a view to their sale and sold drugs in “particularly large” quantities. The applicant was sentenced to seven years’ imprisonment and a confiscation order was made. Further to a medical report, he was ordered to undergo compulsory psychiatric treatment for drug addiction. 11. At the hearing before the District Court the applicant stated that on 2 June 1998 he had telephoned SZ. He asked SZ to obtain drugs for him. SZ said that he would try to do so and they agreed that the applicant would go to SZ’s flat. Shortly afterwards, OZ called the applicant and asked him to buy heroin for her. She complained that she badly needed drugs as she was suffering from withdrawal symptoms. Frightened that she might commit suicide, the applicant agreed and arranged to meet her near the block of flats where SZ lived. They met later in the evening. He received 200 roubles (RUR) from OZ and went to SZ’s flat, where SZ sold him one sachet of heroin at a cost of RUR 300. Since the amount of heroin bought from SZ was insufficient even for his own needs, he decided not to share it with OZ. The applicant further submitted to the court that he had subsequently given OZ a soporific, telling her that the narcotic was of bad quality and that he would repay her money later. As he left, he saw people approaching who were, as he subsequently learned, police officers. He escaped from them, throwing the drugs away. Later that night he returned and found the drugs. The next day, with the drugs still in his possession, he went to work, where he was arrested by the police. They found the drugs in his possession and seized them. 12. The applicant’s co‑defendant SZ also submitted at the hearing before the District Court that he had sold the applicant one sachet of heroin for RUR 300. 13. The District Court observed that the applicant’s testimony in court differed from that which he had consistently given throughout the pre-trial investigation, when he had pleaded guilty to buying two sachets of heroin from SZ, one for OZ and the other for himself, for RUR 400, of which RUR 200 had been received from OZ. He also admitted that he had repeatedly bought drugs from SZ. Similarly, SZ stated throughout the pre‑trial investigation that he had sold two sachets of heroin to the applicant for RUR 400. 14. The District Court heard EF and MB, police officers from the criminal investigation department of the Kapotnya district police of Moscow, who submitted that the police had information that the applicant was involved in selling drugs. OZ, who knew the applicant and could obtain drugs from him, was selected to verify that information. She agreed to take part in a “test purchase” of drugs, to be organised by the criminal investigation department. OZ was given RUR 200 in cash for that purpose. She was searched and no narcotics were found on her before her meeting with the applicant. She then made an appointment with the applicant. OZ was placed under permanent surveillance, in the course of which EF and MB saw the applicant and OZ meet, enter the block of flats in which SZ lived and leave the building some time later. OZ gave a previously‑agreed sign indicating that she had purchased drugs from the applicant. The police officers tried to apprehend the applicant but he escaped. OZ was brought to a police station where, in the presence of witnesses, she handed over a sachet of heroin which she claimed had been sold to her by the applicant, who had procured it from SZ. On the following day, the applicant was brought to the Kapotnya district police station, where he was searched and found to be in possession of a sachet of heroin. 15. Witness OZ explained to the District Court that she had voluntarily assisted the police in exposing drug trafficking by the applicant. Her evidence was similar to that of police officers EF and MB. 16. According to expert reports, the substance contained in the sachet handed to the police by OZ was heroin, weighing 0.008 grams, and the substance contained in the sachet found by the police in the applicant’s possession, in the circumstances described above, was also heroin, weighing 0.31 grams. 17. The District Court examined written evidence and statements by other witnesses, including a witness who had seen the applicant with a girl near the block of flats where SZ lived at the time of events in question. 18. The District Court held that statements by the applicant and SZ during the pre-trial investigation were corroborated by witnesses’ testimony, expert opinions and written evidence in the case. It found that all the evidence in the case had been obtained in accordance with the law and that the applicant’s defence rights, including the right to legal assistance, had been properly secured by the investigating authority. It concluded that on 2 June 1998 the applicant had procured two sachets of heroin from SZ, had sold one of them to OZ and had kept the other with a view to its sale. 19. The applicant appealed against the District Court’s judgment of 2 April 1999, complaining of violations of the criminal procedural law at the pre-trial investigation stage, including a violation of his defence rights. He also pointed out the lack of evidence of his guilt in the sale of drugs and asked that his actions be re-classified as the illicit procurement and storage of drugs without intent to sell, punishable under Article 228 § 1 of the Criminal Code. On 17 May 1999 the Moscow City Court upheld the findings of the District Court and dismissed the appeal. It found that the applicant’s guilt had been fully proven by his own statements and the other evidence in the case and that there had been no substantial violations of the criminal procedural law during the pre-trial investigation or at the trial which would require the quashing of the judgment. 20. On 10 November 2000 the Deputy President of the Supreme Court of the Russian Federation lodged an application with the Presidium of the Moscow City Court to review the case in supervisory proceedings (протест). The grounds for the request were that the applicant’s actions should have been classified as the illicit procurement and storage of drugs without intent to sell, punishable under Article 228 § 1 of the Criminal Code. The application called for the judgment of 2 April 1999 and the appeal decision of 17 May 1999 to be amended so that the applicant would be convicted under Article 228 § 1 of the Criminal Code, sentenced to two years’ imprisonment and released from that sentence pursuant to the relevant amnesty law. 21. On 16 November 2000, at the request of the Deputy President of the Supreme Court, the Presidium of the Moscow City Court, composed of seven judges, reviewed the case under the supervisory review procedure (пересмотр в порядке надзора). The applicant and his counsel were not informed of the application for supervisory review or the hearing before the Presidium of the Moscow City Court. They did not attend the hearing. 22. The court heard submissions from an acting public prosecutor of Moscow, who considered it necessary to reclassify the applicant’s actions under Article 228 § 1 of the Criminal Code. 23. The court noted that the applicant had been found guilty under Article 228 § 4 of the Criminal Code, in that he had procured drugs from SZ for RUR 400, with a view to their sale, and had kept “particularly large” quantities in his possession, namely heroin weighing 0.318 grams in two sachets; that he had then sold one sachet containing “particularly large” quantities of heroin – 0.008 grams – to OZ for RUR 200 and had kept the remaining “particularly large” quantity of heroin – 0.31 grams – in his possession until his arrest by police on 3 June 1998. 24. The Presidium of the Moscow City Court held: “... having correctly established the facts of the case, the court gave an incorrect legal assessment thereof in the judgment. In procuring the narcotics for his personal consumption and also for [OZ], at her request and with her money, in storing the narcotics and in handing over part of the heroin to [OZ] and keeping part of it for himself, G.A. Vanyan did not act with a view to selling [drugs] and he did not sell [drugs] but was acting as an accomplice to [OZ], who purchased heroin for her personal consumption.” It maintained that, in those circumstances, the applicant’s actions should be classified under Article 228 § 1 of the Criminal Code as joint participation in the procurement and storage of “particularly large” quantities of drugs without intent to sell. 25. The Presidium of the Moscow City Court held that the judgment of 2 April 1999 and the decision of 17 May 1999 in the applicant’s case should be varied, convicted him under Article 228 § 1 and sentenced him to two years’ imprisonment. It upheld the judgment and decision in the remaining part. With reference to the Amnesty Act of 26 May 2000, the court ordered that the applicant be released from serving his sentence and, consequently, from custody.

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4. The applicant was born in 1939 and lives in Bilibino, Chukotka Region. 5. The applicant submitted that on 30 December 1998 he had instituted proceedings against the district and regional pension authorities and the district social security authority (Управление пенсионного фонда РФ по Билибинскому району Чукотского АО, Отделение Пенсионного фонда РФ по ЧАО и Отдел социальной защиты населения Администрации Билибинского района) for the recovery of arrears of his old-age pension which had accrued between 1993 and 1998 in the amount of 2,020.64 Russian roubles (RUR). He also claimed that the amount should be index-linked. The Government submitted that the claim had been received by the court on 10 February 1999. They enclosed no supporting documents. 6. On 1 June 1999 the Bilibino District Court stayed the proceedings on the grounds that the applicant had amended the claim. The Chukotka Regional Court quashed the ruling to stay the proceedings on 14 October 1999 and ordered the examination of the claim on the merits. 7. Between 14 October 1999 and 21 March 2001 the hearings were adjourned three times: on 11 April 2000 because the judge was on a mission, on 15 December 2000 on account of the parties’ failure to appear at the hearing, and on 19 March 2001 on account of a failure to notify them about the next hearing. The applicant submitted that on 15 December 2000 his representative had arrived at the court by the scheduled time, but the judge had not opened the hearing. His representative’s request for information about the reasons for the failure to hold a hearing had been refused. 8. On 21 March 2001 the Bilibino District Court partially granted the claim. On 2 April 2001 the Bilibino District Prosecutor lodged an appeal against the judgment on behalf of the applicant. 9. On 19 July 2001 the Chukotka Regional Court quashed the judgment and referred the case back for a fresh examination on the grounds, inter alia, that the applicant had not appeared at the hearing and there was no evidence that he had been duly notified about it. 10. The Government submitted that after the case file had been received on 9 August 2001 by the Bilibino District Court, on 17 August 2001 the judge had ordered that the case should be prepared for hearing and requested the parties to submit their pleadings. The applicant stated that the requested information had been submitted on 24 August 2001. 11. On 7 October 2002 the hearing was adjourned because the judge was on a mission. On 1 December 2002 the case was transferred to another judge. 12. According to the Government, the case was not examined in 2002 because the local pension authorities were in the process of reorganisation and the court had to establish the proper defendant. 13. On 10 July 2003 the Bilibino District Court granted the applicant’s claim against the local pension authority (Управление пенсионного фонда РФ по Билибинскому району Чукотского АО) for recovery of the arrears of his old-age pension with index-linking and awarded him RUR 13,333.89 (approximately EUR 387). The court dismissed the claim against the other defendants. The Chukotka Regional Court upheld the judgment on 25 September 2003. The judgment was executed on 3 November 2003.

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4. The applicant was born in 1949 and lives in Mátészalka, Hungary. 5. In proceedings instituted by the applicant, on 12 November 1993 the Supreme Court finally declared that his former employer had terminated his employment unlawfully and granted him severance pay and damages. Simultaneously, on 25 May 1993 the applicant brought an action before the Nyíregyháza Labour Court against the employer claiming pecuniary and non-pecuniary damages. 6. On 15 June 1995 the Labour Court dismissed the applicant’s claims. On appeal, on 26 June 1996 the Szabolcs-Szatmár-Bereg County Regional Court granted the applicant damages plus accrued interest. 7. On 15 April 1997 the Supreme Court’s review bench quashed the second-instance decision in its part concerning the pecuniary damages, and remitted this aspect of the case to the Regional Court. 8. In the resumed second-instance proceedings, on 29 September 1998 the Regional Court granted damages plus accrued interest to the applicant. This decision was partially quashed by the Supreme Court’s review bench on 8 July 1999 for procedural shortcomings. 9. In the resumed second-instance proceedings, on 29 February 2000 the Regional Court granted some damages plus accrued interest to the applicant and dismissed the remainder of his action. On 29 March 2001 the Supreme Court’s review bench partially quashed this decision as the Regional Court had miscalculated the amount granted to the applicant. 10. In the proceedings resumed for the third time, on 30 October 2001 the Regional Court granted the applicant damages plus accrued interest.

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8. The applicant was born in 1958 and lives in Zabrze, Poland. 9. On 8 January 1994 the applicant was arrested by the police on suspicion of having committed burglary. On 10 January 1994 he was brought before J.K., a district prosecutor from the Pszczyna District Prosecutor’s Office (Prokuratora Rejonowa), charged with six counts of burglary and detained on remand. The prosecutor considered that there was a reasonable suspicion that the applicant had committed the offences in question because he had been arrested in flagrante delicto. He also relied on the serious nature of the offences in question. 10. On 12 February 1994 the Pszczyna District Prosecutor prolonged the applicant’s detention until 8 March 1994 on the ground that it was necessary to secure the proper conduct of the proceedings. The prosecutor stressed that in the light of evidence gathered during the investigation it was likely that the applicant had also committed other, similar offences and that, in turn, justified a risk that he might obstruct the process of obtaining evidence from witnesses. 11. On 25 February 1994 the District Prosecutor prolonged the applicant’s detention until 8 April 1994, considering that it was necessary to secure the conduct of the investigation, especially as fresh evidence needed to be obtained. 12. On 30 March 1994, on an application made by the Pszczyna District Prosecutor, the Pszczyna District Court (Sąd Rejonowy) prolonged the applicant’s detention until 8 June 1994 in view of the reasonable suspicion that he had committed the offences with which he had been charged and the fact that the investigation could not be completed because evidence from a fingerprint expert and yet another forensic expert needed to be obtained. 13. On 30 May 1994, on the subsequent application by the District Prosecutor, the Pszczyna District Court prolonged the applicant’s detention until 8 August 1994. It found that such further prolongation was necessary to secure the process of obtaining fresh evidence, especially as several new charges of burglary had in the meantime been laid against the applicant. Moreover, evidence from an expert-valuer needed to be obtained to determine the damage caused by the offences. 14. On 4 August 1994, on a further, similar application by the District Prosecutor, Z.R., a single judge sitting as the Pszczyna District Court, prolonged the applicant’s detention until 8 September 1994. The reasons for that decision read, in so far as relevant: “[The applicant] was charged with the offence defined in Article 208 read in conjunction with Article 60 § 1 of the Criminal Code. In the light of the material gathered in the case, that charge has a sufficient degree of verisimilitude (zarzut ten został w wystarczającym stopniu uprawdopodobniony). As it emerges from the case-file, new circumstances have arisen which might indicate that it would be necessary to obtain evidence from psychiatrists in order to establish the suspect’s criminal responsibility. That being so and since in this court’s opinion the grounds given for [the applicant’s] detention have not ceased to exist but new circumstances have appeared that make it impossible [for the prosecution] to terminate the investigation, it has been held as in the operative part of the decision.” 15. On 29 August 1994 the Pszczyna District Prosecutor lodged a bill of indictment with the Pszczyna District Court. The applicant was indicted on 22 charges of burglary. 16. On 19 September 1994 the applicant made an application for release to the Pszczyna District Court. On 20 September 1994 judge Z.R., sitting as the Pszczyna District Court, dismissed the application. The reasons for this decision read, in so far as relevant: “The accused, asking [the court] for the preventive measure [imposed on him] to be varied, submitted that the mother of his minor son was not providing the child with the proper care. This court dismisses his application since the actus reus of the accused is characterised by a high degree of danger to society (“zarzucany czyn oskarżonego charakteryzuje się wysokim stopniem społecznego niebezpieczeńtwa”) – the accused is amenable to the law under the rules governing relapse into crime defined in Article 60 § 1 of the Criminal Code. The likelihood of the facts adduced by the accused [in his application] has by no means been shown by him. The court could not, therefore, verify those facts. ...” 17. The applicant appealed. He maintained that he should be released in view of the difficult situation of his family. On 21 October 1994 the Katowice Regional Court (Sąd Wojewódzki) dismissed his appeal. It found that there were no valid reasons to release the applicant because his child had already been placed under the care of the grandparents. 18. The applicant’s trial was to begin on 7 December 1994 but it was postponed because the applicant, having found out that Z.R. had been appointed to sit as the presiding judge, challenged his impartiality. In the applicant’s submission, the judge – who had dealt with his applications for release at the investigation stage – had actively participated in the investigation, and had consequently become a party to the proceedings. In particular, the applicant stressed that Z.R. had made the decision of 4 August 1994 prolonging his detention. On 20 September 1994 he had also dealt with, and dismissed, his application for release. On these occasions the judge had evaluated the charges against him and concluded that they had been justified. He had also referred to such aggravating circumstances as the serious nature of the offences in question and the applicant’s criminal record. All those findings were closely related to the assessment of his guilt, criminal liability and to the anticipated sentence. In view of that, the applicant considered that it was clear that the judge had already formed a preconceived opinion on his guilt. 19. On 9 December 1994 a panel of three judges, sitting as the Pszczyna District Court, dismissed the applicant’s challenge as being groundless. The court stressed that the taking decisions on prolongation of detention made at a prosecutor’s application was not tantamount to the taking part in an investigation. 20. Subsequently, the applicant again asked the Pszczyna District Court to release him under police supervision in view of the difficult situation of his family. He also complained that Z.R. lacked impartiality. On 12 December 1994 Z.R., sitting as the Pszczyna District Court, dismissed the application. The reason for that decision read, in so far as relevant: “The arguments presented by the accused in relation to his family situation are identical to those adduced in his application of 19 September 1994. They were already examined by the courts at first and second instance. The Regional Court, in its decision of 21 October 1994, indicated to the applicant the way in which care over his child could be secured. Since in this court’s opinion there are no circumstances listed in Article 218 of the Code of Criminal Procedure and the arguments relating to the disqualification of the presiding judge were already dealt with in the [District] Court’s decision of 9 December 1994 - it should be held as in the operative part of the decision.” 21. On 21 December 1994 judge Z.R., sitting as the Pszczyna District Court, dismissed the applicant’s fresh application for release on bail. The reasons for the decision read, in so far as relevant: “The accused has been charged with numerous counts of burglary committed in the circumstances of relapse into crime specified in Article 60 § 1 of the Criminal Code. The offence with which he was charged is characterised by a high degree of danger to society. Bail proposed by the accused cannot, in this court’s opinion, secure the proper conduct of the trial. It should be pointed out that both the fact that an offence has been committed in the circumstances of relapse into crime and the serious danger to society [represented by the offence] are autonomous prerequisites for imposing detention on remand (cf. Article 217 § 1 (3) and (4) of the Code of Criminal Procedure) - in respect of the accused those prerequisites exist cumulatively. ...” 22. On 13 January 1995, on the applicant’s appeal, the Katowice Regional Court upheld the above decision, finding that his detention was justified under Article 217 § 1 (3) and (4) of the Code of Criminal Procedure and that no special circumstances militated in favour of his release. 23. On 25 January 1995 the applicant asked the Pszczyna District Court to quash the detention order. In his view, his detention had become unlawful as the statutory-time limit of one year for detention on remand laid down in the Code of Criminal Procedure had expired. 24. On 31 January 1995 judge Z.R. dismissed the application as groundless and informed the applicant that the time-limits for detention on remand applied only to the investigative stage of criminal proceedings but there were no such statutory terms for detention pending trial. That decision was upheld on appeal on 1 March 1995. 25. On an unspecified date, the applicant again challenged the presiding judge. He repeated his previous arguments. The challenge was dismissed by the Pszczyna District Court on 13 February 1995. In the court’s opinion, the arguments adduced by the applicant did not justify disqualifying the presiding judge from dealing with the case. 26. Later, the applicant asked the District Court to quash the detention order made by the Pszczyna District Prosecutor on 10 January 1994. He argued that that decision was valid only for a period of one year. He also submitted that he should be released on account of the difficult situation of his family. 27. On 6 March 1995 judge Z.R. dismissed the application and upheld the impugned detention order. Referring to the applicant’s family situation, the judge observed that such arguments as the fact that the applicant’s son was not – allegedly – being provided with the proper care had to be rejected because the child was under the care of his grandmother. Finally, Z.R. stressed that the reasons previously given to justify the applicant’s detention were still valid. 28. On 15 March 1995 a panel consisting of Z.R., the presiding judge, and two lay judges, sitting as the Pszczyna District Court, opened a trial in the applicant’s case 29. On 14 April 1995 the final hearing was held. The prosecution was represented by J.K., who had detained the applicant on remand on 10 January 1994. After hearing the parties’ final submissions, the court gave judgment. It convicted the applicant of 23 counts of burglary and sentenced him to 4 years’ imprisonment and a fine of 2,000 Polish zlotys, convertible into 20 days’ imprisonment. 30. On 13 July 1995 the applicant’s lawyer appealed against that judgment. The appeal was directed against the sentence imposed and the conviction was not as such contested. 31. On 18 July 1995 the applicant appealed. In his appeal, he alleged, among other things, that the trial court had violated the principles of the presumption of innocence and in dubio pro reo because the presiding judge Z.R. had considered him guilty and had had a preconceived view on his criminal liability long before the end of the trial, i.e. already on 4 August 1994, when he had prolonged his detention at the District Prosecutor’s request. 32. The appeals were heard on 3 October 1995 before the Katowice Regional Court. On the same day the Regional Court upheld the first‑instance judgment.

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4. Mr Vladimir Oleynik (the first applicant) and Mr Dmitriy Baybarza (the second applicant) were born in 1935 and 1941 respectively, and live in Zhovti Vody, the Dnipropetrovsk Region. 5. On 26 October 2000 the Zhovti Vody City Court awarded the first applicant UAH 7,929.74[1] against the Electron-Gaz Company (a State owned entity; hereafter “the Company”) in salary arrears. On 18 October 2000 the second applicant was awarded 7,040.03[2] against the Company. Both judgments became final and were sent to the Zhovti Vody City Bailiffs’ Service (hereafter “the Bailiffs”) for compulsory enforcement. 6. On 2 April 2002 the Zhovti Vody City Prosecutor informed the second applicant that the delay in the execution of numerous court judgments against the Company was due to the moratorium on the forced sale of the property of State-owned enterprises, which significantly limited the resources for refunding the Company’s salary arrears. 7. On 19 April 2002 the Department of Industry, Transportation and Communications of the Dnipropetrovsk Regional State Administration issued a letter, stating that improvement of the Company’s financial performance (including that of its salary payments) was a matter of concern for various State authorities. In particular, the State Property Fund was preparing the Company’s development plan which was to be presented at the next stockholders’ meeting. 8. On 7 March 2003 the Dnipropetrovsk Regional Commercial Court (hereafter “the Commercial Court”) instituted bankruptcy proceedings against the Company and issued an injunction barring any debt recovery. On 10 October 2003 the Commercial Court approved a rehabilitation proposal and appointed a trustee to rehabilitate the Company’s business. 9. The judgments given in the applicants’ favour remain unenforced.

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6. In 1993, the General Directorate of National Roads and Highways (Devlet Karayolları Genel Müdürlüğü), a State body responsible, inter alia, for motorway construction, expropriated a part of a plot of land in Ankara belonging to the applicants and several other persons. A committee of experts assessed the value of the applicants’ land and the sum fixed thereby was paid when the expropriation took place. 7. On 28 December 1993 the applicants, along with twenty-one co‑owners, lodged a case with the Ankara Civil Court of First Instance, requesting increased compensation. 8. On 14 September 1994 the Ankara Civil Court of First Instance awarded the plaintiffs additional compensation of 5,305,080,000 Turkish liras (TRL) (approximately 126,200 euros (EUR)) plus interest at the statutory rate applicable at the date of the court’s decision, running from 15 February 1993. The amount of compensation that was awarded to the applicants was TRL 2,269,264,010 (approximately EUR 53,980). 9. On 30 January 1995 the Court of Cassation upheld the judgment of the first-instance court. 10. On 17 February 1998 the administration paid the plaintiffs a total of TRL 13,208,453,000 (approximately EUR 53,900). The applicants received TRL 5,649,955,705 (approximately EUR 23,000).

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4. The applicant was born in 1957 and lives in Kerecsend, Hungary. 5. On 1 March 2001 criminal investigations were instituted against 30 suspects, including the applicant (a businesswoman) on suspicion of several counts of tax fraud, involving the issue of some 250 fictitious invoices. The applicant’s company was concerned in each count of fraud. The material of the ensuing investigation amounted to 2,180 pages. 6. On 10 April 2001 tax investigators searched the applicant’s house for documents and arrested her. The applicant alleges that the tax investigators’ behaviour was harsh and insensitive in that they hindered her for several minutes from providing her minor son with a spray-inhaler when he suffered an asthma attack during the search. Moreover, she submits that, on her arrest, she was forcibly seated in the authority’s car, in which the tax investigators touched her inappropriately and made abusive remarks. She was kept in police custody for three days. 7. On 18 July 2001 the applicant lodged a complaint about the tax investigators’ conduct. On 23 August 2001 the Heves County Investigating Office refused to proceed with the complaint, considering that the investigators had carried out the search and the arrest in accordance with the law. The Office noted that the applicant had complained about the incident only after a delay of more than three months. On 12 October and 15 November 2001 and 4 March 2002, respectively, the Eger District and the Heves County Public Prosecutor’s Office and the Attorney General’s Office dismissed the applicant’s further complaints. 8. On 30 May 2002 the police again searched the applicant’s house. In her submissions to the Court filed on 11 February 2004, the applicant stated that on that occasion she had been ill-treated by the police officers and that the latter had not allowed the emergency medical staff, which had been called to her son on account of another asthma attack, to enter the house. On 12 March 2003 the Investigating Office discontinued the investigation into the incident. On 18 April 2003 the Eger District Public Prosecutor’s Office finally dismissed the applicant’s complaint. 9. Meanwhile, on 28 April and 18 October 2001, 17 January 2002 and 28 April 2003, the applicant was interrogated by the Heves County Criminal Directorate of the Tax Authority. Moreover, between April 2001 and May 2003 altogether 31 suspects were interrogated on various occasions. More than 40 witnesses were heard and several house searches and confrontations of witnesses took place. Furthermore, 14 opinions were obtained from expert accountants. 10. On 5 May 2003 the proceedings were discontinued against six suspects. 11. On 12 June 2003 a bill of indictment was preferred. The applicant was charged with 30 counts of tax fraud and 12 counts of document forgery. 12. The first hearings were scheduled by the Eger District Court for 28 and 29 October 2004. The proceedings have been pending at first instance ever since.

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9. The applicant, Mrs Myra Xenides-Arestis, is a Cypriot national of Greek-Cypriot origin, who was born in 1945 and lives in Nicosia. 10. The applicant owns property in the area of Ayios Memnon (Esperidon Street), in the fenced-up area of Famagusta, that she acquired by way of a gift from her mother. In particular, she owns half a share in a plot of land (plot no. 142, sheet/plan 33/29) with buildings thereon, consisting of one shop, one flat and three houses. One of the houses was her home, where she lived with her husband and children, whereas the rest of the property was used by members of the family and/or rented out to third parties. Furthermore, the applicant partly owns a plot of land (plot no. 158, sheet/plan 33/29) with an orchard (her share being equivalent to 5/48). This was registered in her name on 31 January 1984. The rest of the property is owned by other members of her family. 11. In August 1974 she was forced by the Turkish military forces to leave Famagusta with her family and abandon their home, property and possessions. Since then she has been prevented from having access to, using and enjoying her home and property, which are under the occupation and the control of the Turkish military forces. According to the applicant, only the Turkish military forces have access to the fenced-up area of Famagusta. 12. On 23 April 2003 new measures were adopted by the authorities of the “Turkish Republic of Northern Cyprus” (“TRNC”) regarding crossings from northern to southern Cyprus and vice versa through specified checkpoints. On 30 June 2003 the “Parliament of the TRNC” enacted “Law no. 49/2003” on compensation for immovable properties located within the boundaries of the “TRNC”, which entered into force on the same day. On 30 July 2003, under Article 11 of this “Law”, an “Immovable Property, Determination, Evaluation and Compensation Commission” was established in the “TRNC”. The rules of the commission were published in the “TRNC Official Gazette” on 15 August 2003 and the commission was constituted by a decision of the “TRNC Council of Ministers” published in the aforementioned gazette on 18 August 2003. 13. On 24 April 2004 two separate referendums were held simultaneously in Cyprus on the Foundation Agreement–Settlement Plan (“Annan Plan”) which had been finalised on 31 March 2004. Since the plan was approved in the Turkish-Cypriot referendum but not in the Greek-Cypriot referendum, the Foundation Agreement did not enter into force.

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4. The applicants, Mihajlo Atanasovic, Slavko Atanasovski and Savka Milanovska, are nationals of the former Yugoslav Republic of Macedonia, who were born in 1937, 1945 and 1926 respectively, and live in Kumanovo, the former Yugoslav Republic of Macedonia. 5. By judgments of the then Kumanovo Municipal Court (Општински суд во Куманово) of 7 December 1988 and 17 May 1989, the applicants obtained parts of the movable and immovable property of Mr S.A., the father of the first and the second applicants. 6. In 1989 the applicants instituted proceedings to divide the property of Mr S.A. On 22 November 1990 the Kumanovo Municipal Court decided the applicants’ claim and divided the property at issue. Mr S.A. was also ordered to pay certain amounts to each of the applicants, in compensation for the movable property that was awarded only to him. 7. As Mr S.A. did not comply, the applicants instituted enforcement proceedings before the Kumanovo Municipal Court. 8. On 20 March 1991 the Kumanovo Municipal Court ordered public sale of certain items belonging to Mr S.A. to satisfy the applicants’ claims. 9. On 17 September 1991 the Kumanovo Municipal Court accepted Mr S.A.’s objection that the interest had been miscalculated and ordered a new calculation. 10. On 15 December 1991 Mr S.A. passed away. On 10 March 1992 the court stayed the enforcement proceedings pending the decision as to the succession to Mr S.A.’s estate. 11. By a decision of 21 May 1993, delivered in separate succession proceedings, the Kumanovo Municipal Court determined five heirs of Mr S.A.’s estate: the first and second applicants and their three brothers – Mr S.K., Mr K.I. and Mr C.I. Each of the heirs obtained equal parts of their late father’s estate. 12. On 22 December 1993 the applicants asked the Kumanovo Municipal Court to continue the enforcement proceedings against one of their brothers, Mr C.I. The applicants argued that Mr C.I. should take over his late father’s debts towards them as he had allegedly been in possession of Mr. S.A.’ s estate before his death and had benefited from it. 13. On 20 March 1994 the court granted the applicants’ request and approved the enforcement of their claims against Mr C.I. 14. On 9 May 1994 the Kumanovo Municipal Court upheld Mr C.I’s challenge and stayed the enforcement proceedings. The court decided to continue the proceedings against all five heirs for the execution of the third applicant’s claims only. The first and the second applicants were thus named debtors and the third applicant - the sole creditor. 15. On 14 December 1995 the then Skopje District Court (Окружен суд во Скопје) upheld the applicants’ and Mr C.I.’s complaints. It quashed the lower court’s decision and ordered a retrial. It, inter alia, instructed the lower court to examine the case on the basis of section 144 of the Law on inheritance whether and, if so, to what extent, Mr C.I. owed sums of money to the applicants. It also instructed the lower court to establish whether the amount of the debt was correctly calculated. 16. No further actions were taken by the Municipal Court of Kumanovo. 17. On 9 December 1998 the applicants requested the Kumanovo Municipal Court to resume the enforcement proceedings and to re-evaluate their original claims. They received no reply to their request.

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6. The applicant was born in 1964 and is currently detained in Midyat prison. 7. On 21 March 2000 the applicant was arrested in Şırnak by members of the anti-terrorist branch of the Şırnak Security Directorate on suspicion of membership of the PKK (Kurdish Workers’ Party). 8. In a letter dated 22 March 2000 the Şırnak Security Directorate requested the Şırnak Public Prosecutor to extend the applicant’s detention period until 25 March 2000 together with eight others. On the same day, considering the number of the accused and the difficulty to obtain evidence, the public prosecutor authorised to extend the detention period as requested. 9. On 24 March 2000 the Şırnak Criminal Court of First Instance ordered the prolongation of the applicant’s custody for another six days on the ground that the interrogation process had not yet been completed. 10. On 31 March 2000 the applicant was brought before the public prosecutor. On the same day the Diyarbakır Criminal Court of First Instance ordered that the applicant be detained on remand. 6. On 20 April 2000 the Public Prosecutor before the Diyarbakır State Security Court filed a bill of indictment charging the applicant under Article 125 of the Criminal Code with assisting and abetting and membership of a terrorist organisation.

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6. The applicants were born in 1973, 1975, and 1980 respectively. They were detained in Elazığ Prison in Turkey. 7. On 14 March 1999 the police raided a flat which was used as a cell by Hezbollah in Mardin. The police officers seized, among other things, three computer hard disks during the operation. The applicants' names were recorded on these hard disks as members of Hezbollah. 8. On 4 June 1999 the applicants were arrested by police officers from the anti-terror branch of the Diyarbakır Security Directorate on suspicion of being members of Hezbollah. On the same day, the police officers drafted arrest protocols stating that the applicants had been arrested in the course of an operation conducted against the members of the illegal organisation. 9. On 5 June 1999 the public prosecutor of the Diyarbakır State Security Court drew up a list of the materials that were seized during the raid in Mardin in order to place them in the custody of the court, amongst which the computer hard disks were noted. 10. On 11 June 1999 the applicants gave statements to the police where they accepted the charges against them. On the same day, they were brought before the public prosecutor, and thereafter before the investigating judge of the Diyarbakır State Security Court, where they denied both the accuracy of the statements taken by the police and all the charges against them. The investigating judge ordered that the applicants be detained on remand. 11. On 25 June 1999 the public prosecutor filed an indictment with the Diyarbakır State Security Court, accusing the applicants of being members of Hezbollah pursuant to Article 168 § 2 of the Criminal Code. 12. At the hearings before the Diyarbakır State Security Court the applicants denied the content of their police statements alleging that they were taken under duress. The court read out the police statements that were taken from M.Ç., M.P. and A.Y. – who were also accused of being members of the same organisation – to the applicants and asked the latter to comment on them. The applicants stated that they did not know these persons, and that they did not accept the parts of the statements that were against them. The court further read out the transcriptions of the hard disks to the applicants and asked them about their counter-arguments against these. They denied the content of these documents. They further stated that they had no idea as to how their names had appeared on the computer hard disks. 13. On 27 December 2001 the Diyarbakır State Security Court noted that the applicants' police statements were supported by information gathered from the archive of the organisation and further evidence. It accordingly convicted the applicants of the offence as charged and sentenced them to twelve years and six months' imprisonment. The applicants appealed. 14. The Principal Public Prosecutor at the Court of Cassation in his written submissions recommended that the court uphold the decision of the Diyarbakır State Security Court. 15. On 27 May 2002 the Court of Cassation, having regard, inter alia, to the opinion of the Principal Prosecutor, upheld the judgment of the Diyarbakır State Security Court.

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7. The applicants were born in 1972, 1969, 1977 and 1947 respectively. They are imprisoned in Erzurum Prison in Turkey. 8. The first applicant was detained on 7 January 1995, the second applicant on 16 March 1994, the third applicant on 11 July 1994, and the fourth applicant on 3 February 1994 on suspicion of membership of the PKK and carrying out separatist activities against the Republic of Turkey. 9. The applicants were brought before the investigating judges on 11 February, 24 March, 20 July 1994 and 20 January 1995. Subsequently, the investigating judges ordered the applicants’ detention on remand. 10. On 12, 13 and 15 September 1994 the public prosecutor at the Erzincan State Security Court filed indictments with the same court against twenty-two persons including the applicants accusing them, inter alia, of involvement in separatist activities and being members of, and aiding and abetting, the PKK. The accusation against the first applicant included the forming of the Evci village committee of the PKK, setting three primary schools in different villages on fire, and recruiting people for the mountain team of the organisation. 11. On 2 June 1997, following the promulgation of Law no. 4210 which abolished the Erzincan State Security Court, the case-file was transferred to the Erzurum State Security Court. 12. Throughout the criminal proceedings, either on its own motion or at the applicants’ request, at the end of every hearing, the State Security Court examined and ordered the applicants’ continued detention. The State Security Court relied on the nature of the offences charged and the state of the evidence for the applicants’ further detention. 13. On 8 January 1999 the Erzurum State Security Court sentenced the first and second applicants to the death penalty under Article 125 of the Criminal Code for their involvement in separatist activities and then commuted this to a life sentence. It further sentenced the third applicant to death for the same offence and commuted this to twenty years’ imprisonment, and the fourth applicant to fifteen years’ imprisonment for being a member of the PKK. 14. On 23 December 1999 the Court of Cassation quashed the lower court’s decision on the grounds that the State Security Court had failed to respect the right of defence during the proceedings concerning some of the co-accused and the absence of the necessary signatures and stamps in the copies of the family registry documents of some of the accused, including the fourth applicant. The case-file was remitted to the State Security Court. 15. On 22 May 2001 the Erzurum State Security Court sentenced the first and second applicants to the death penalty under Article 125 of the Criminal Code for their involvement in separatist activities and then commuted this to a life sentence. It further sentenced the third applicant to death for the same offence and commuted this to sixteen years and eight months’ imprisonment. The fourth applicant was sentenced to twelve years and six months’ imprisonment for being a member of the PKK. 16. The judgment was, ex officio, subject to appeal. 17. On 29 November 2001 the Court of Cassation upheld the latter decision of the State Security Court.

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4. The applicant was born in 1967 and lives in Istanbul. 5. In May 1992 he was taken into police custody on suspicion of membership of an illegal organisation and detained on remand. He was subsequently charged with carrying out activities for the purpose of bringing about the secession of part of the national territory under Article 125 of the Criminal Code and tried before the Diyarbakır State Security Court. 6. On 8 December 1994 the applicant was released pending trial. 7. On 30 March 1995 the first-instance court acquitted the applicant of the charges brought against him. 8. On 29 February 1996 the Court of Cassation upheld the judgment of the Diyarbakır State Security Court. 9. On 25 October 1996 the applicant filed an action for compensation with the Kartal Assize Court against the Treasury, pursuant to Law no. 466. The applicant requested a compensation of 2,000,000,000 Turkish liras (TRL) for his unjustified detention on remand. 10. On 2 December 1996 the Kartal Assize Court requested the Diyarbakır State Security Court to send the documents pertaining to the criminal proceedings against the applicant. In particular, the first-instance court requested that the documents showing the date on which the judgment had become final be sent promptly in order to determine whether the applicant had filed his compensation claim within the statutory time-limit. 11. Between 2 December 1996 and 30 November 1999 the Kartal Assize Court consistently requested the Diyarbakır State Security Court to send the aforementioned documents. 12. On 10 November 1999 the Kartal Assize Court appointed an expert to calculate the pecuniary damage sustained by the applicant due to his deprivation of liberty. 13. On 24 November 1999 the expert submitted his report concerning the amount of pecuniary damage. 14. On 30 November 1999 the Kartal Assize Court awarded the applicant a certain amount of pecuniary and non-pecuniary damage to compensate the periods the applicant had spent in police custody and in detention on remand. 15. The applicant and the Ministry of Treasury appealed against the judgment of the Kartal Assize Court. 16. On 5 October 2000 the Court of Cassation held that the amount awarded to the applicant was too low and quashed the judgment of the first‑instance court. 17. On 9 November 2000 the expert appointed by the first-instance court submitted a report concerning the amount of pecuniary damage the applicant sustained as a result of his deprivation of liberty. 18. On 10 November 2000 the Kartal Assize Court awarded the applicant TRL 1,538,492,740 in respect of pecuniary and non‑pecuniary damage. 19. The Ministry of Treasury appealed. 20. On 5 April 2001 the Court of Cassation quashed the judgment of the first-instance court due to a procedural error. 21. On 28 June 2001 the Kartal Assize Court once again awarded the applicant TRL 1,538,492,740. 22. The Ministry of Treasury appealed. 23. On 8 November 2001 the Court of Cassation upheld the judgment of the Kartal Assize Court.

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4. The applicant was born in 1936 and lives in Saint Petersburg. 5. On 12 August 1998 the applicant lodged a civil action before the Oktyabrskiy District Court of St. Petersburg against the Governor of St. Petersburg and St. Petersburg committee for housing policy (Комитет по жилищной политике г. Санкт-Петербург), seeking to obtain a flat under a city-funded programme. A copy of the applicant’s statement of claim bears a signature of the registry indicating that the statement was received on 12 August 1998. 6. Of the three hearings fixed between 24 February and 21 October 1999, two hearings were adjourned due to the defendant’s failure to appear and one hearing was postponed upon the defendant’s request to join another party to the proceedings. 7. The next hearing, fixed for 16 March 2000, was adjourned to allow the applicant to amend his claims. 8. Of the four hearings listed between 5 April 2000 and 28 February 2001, three hearings were adjourned because the defendants did not attend and one hearing was adjourned because the judge was involved in other proceedings. 9. On 15 March 2001 the Oktyabrskiy District Court of St. Petersburg held a hearing. A representative of the Governor of St. Petersburg requested to adjourn the proceedings in order to enable the Governor to amend the existing regulation which affected the applicant’s housing rights. The request was granted. 10. Between 22 May 2001 and 28 March 2002 the district court fixed four hearings. Three hearings were adjourned because the defendants did not attend and one hearing was adjourned to allow the applicant to amend his claims. 11. On 8 April 2002 the applicant filed the amended claims. 12. The hearing of 19 December 2002 was postponed until 1 April 2003 because the defendants did not attend. The Oktyabrskiy District Court of St. Petersburg sent a written warning to the defendants, informing them that they would be fined if they failed to attend the next hearing. 13. Three hearings fixed between 1 April and 17 June 2003 were adjourned because the defendants had not attended. 14. The hearing of 14 October 2003 was rescheduled because the presiding judge had been dismissed from her office. 15. The hearing fixed for 5 May 2004 was adjourned because the defendants did not appear. 16. The hearing of 5 July 2004 was adjourned because the applicant was ill. 17. On 29 September 2004 the Oktyabrskiy District Court of St. Petersburg gave the judgment. 18. On 8 December 2004 the St. Petersburg City Court upheld the judgment of 29 September 2004. 19. On 21 December 2002, 5 January and 9 November 2003 the applicant complained to the President of the Oktyabrskiy District Court of St. Petersburg, a deputy President of the St. Petersburg City Court and the President of the Supreme Court of the Russian Federation about delays. 20. On 30 December 2002 and 10 February 2003 a deputy President of the Oktyabrskiy District Court of St. Petersburg and on 25 March 2004 a deputy President of the St. Petersburg City Court informed the applicant that the excessive length of the proceedings in his case had been caused by a large number of pending civil cases.

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4. The applicant was born in 1941 and lives in Freising, Germany. 5. On 8 February 1996 the Ministry of Public Works and Settlement (Bayındırlık ve İskan Bakanlığı) issued an order of expropriation for a plot of land belonging to the applicant in Dinar, a district attached to Afyon, following the earthquake which happened on 1 October 1995. A committee of experts assessed the value of the plot and the amount was paid to the applicant. 6. On 2 April 1997 the applicant brought an action for additional compensation before the Dinar Civil Court of First Instance. 7. On 14 August 1997 the first-instance court decided to award the applicant an additional compensation of 3,330,990,000 Turkish liras (TRL) plus interest at the statutory rate applicable at the date of the court’s decision running from 2 April 1997. 8. On 22 October 1997 the Court of Cassation upheld the judgment of the Dinar Civil Court of First Instance. 9. On an unspecified date, the applicant requested rectification of the Court of Cassation’s decision. 10. On 8 December 1997 the Court of Cassation dismissed the applicant’s request. 11. On 20 April and 19 July 1999 the Ministry paid the applicant TRL 6,242,830,425 in additional compensation together with interest.

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6. The applicant was born in 1949 and lives in Ankara. 7. At the material time the applicant was the leader of the People’s Democratic Party (HADEP). At a party meeting in Ankara in October 1999 he made a speech, which was recorded and scripted by the police officers of the Ankara Security Directorate. 8. In an indictment dated 8 February 2000 the public prosecutor’s office at the Ankara State Security Court, on account of this speech, instituted criminal proceedings against the applicant on the ground of disseminating propaganda against the indivisible unity of the state with its territory and nation, contrary to Section 8 of the Prevention of Terrorism Act (Law no. 3713). 9. In the proceedings before the Ankara State Security Court the applicant pleaded not guilty and maintained that he had never intended to promote separatism. He argued that he expressed his opinion on the country’s important questions as the leader of a political party, which is essential in a democratic society, criticised the existing practice and offered their solution to these problems. He further stated that his speech should be assessed within the scope of freedom of expression. 10. On 1 June 2000 the Ankara State Security Court found the applicant guilty as charged by the public prosecutor. It ruled that the speech amounted to dissemination of separatist propaganda against the indivisible unity of the Turkish State with its territory and the nation. He was fined the amount of 800,000,000 Turkish liras and sentenced to one-year term of imprisonment. 11. The applicant appealed against the conviction to the Court of Cassation. On 15 January 2001 the Court of Cassation dismissed the appeal, upholding the State Security Court’s assessment under Section 8 of the Prevention of Terrorism Act.

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4. The applicant was born in 1979 and lives in Tychy. 5. On 13 July 2000 the applicant was arrested by the police on suspicion of having committed burglary. 6. On 15 July 2000 the Tychy District Court (Sąd Rejonowy) ordered that the applicant be remanded in custody for a period of three months in view of the strong suspicion that he had committed five counts of burglary. It considered that there was a reasonable risk that the applicant would tamper with evidence, given the fact that he had only partly confessed. Further, the court referred to the risk that the applicant might obstruct the proper conduct of the proceedings by going into hiding. In that regard, the court relied on evidence from one of the applicant’s co-suspects, who had stated that, shortly before having been arrested, the applicant had tried to leave for Germany in order to evade serving a sentence of imprisonment which had been previously imposed on him. Finally, the court had regard to the severity of the anticipated penalty. 7. Subsequently, the applicant was charged with 8 counts of burglary. He confessed to 2 counts. 8. On 30 January 2001 the District Prosecutor terminated the investigation. On the same day he filed a bill of indictment with the Tychy District Court. The applicant had been indicted on 8 charges of burglary and one charge of assault. There were 6 other defendants in the case. The prosecution asked the court to hear evidence from 42 witnesses. 9. From 1 June 2001 to 19 December 2002 the trial court listed 10 hearings (for 1 June, 6 July, 9 November and 7 December 2001 and 30 January, 20 March, 17 May, 17 July, 27 September and 19 December 2002). All those hearings were cancelled for various reasons, usually because the police had failed to bring the accused from prison. 10. The trial began on 17 January 2003. The subsequent hearings were held on 30 January, 21 February and 20 and 21 March 2003. At the hearing held on the latter date the District Court fined 5 witnesses who had failed to appear. 11. The District Court several times prolonged the applicant’s detention, holding that there was a reasonable suspicion that he had committed the offences in question and that, given his attempt to leave Poland and the resultant risk that he might go into hiding or tamper with evidence, as well as the fact that he had only partly confessed, keeping him in custody was necessary to secure the proper conduct of the proceedings. The court also relied on the serious nature of the charges against the applicant and the severity of the anticipated penalty. Lastly, the court had regard to the fact that the applicant had a previous conviction. 12. The relevant decisions were given on 12 October 2000 (prolonging his detention until 5 January 2001), on 28 December 2000 (ordering his continued detention until 13 February 2001), on 8 February 2001 (extending his detention until 13 May 2001), on 10 May 2001 (prolonging that period until 13 August 2001), on 10 August 2001 (ordering his continued detention until 13 November 2001), on 5 November 2001 (extending his detention until 13 February 2002), on 13 February 2002 (prolonging his detention until 13 May 2002) and on 13 May 2002 (ordering his continued detention until 7 July 2002). 13. In its decision of 10 April 2002 dismissing the applicant’s appeal against the prolongation of his detention, the Katowice Regional Court (Sąd Okręgowy) instructed the District Court to take determined measures with a view to speedily terminating the trial. 14. On 14 June 2002 the District Court made an application to the Katowice Court of Appeal (Sąd Apelacyjny) pursuant to Article 263 § 4 of the Code of Criminal Procedure (Kodeks postępowania karnego), asking for the applicant’s detention to be prolonged beyond the statutory time-limit of 2 years. The court stressed that, due to the complex nature of the case, it had so far been impossible for it to open the trial and that the applicant should be kept in custody since the grounds originally given for his detention were still valid. 15. On 26 June 2002 the Court of Appeal prolonged the applicant’s detention until 30 December 2002. It relied on the same grounds as previously invoked by the District Court. It noted that the applicant had attempted to flee the country. Furthermore, the Court of Appeal considered that the trial court had not been responsible for the delays incurred in the proceedings to date. In this respect, it referred, inter alia, to the fact that 7 hearings had been cancelled since the police had failed to bring the accused from prison. On the other hand, it considered that prolongation of the applicant’s detention until 30 December 2002 would give the District Court sufficient time to conclude the proceedings, provided that it accelerated its examination of the case. 16. On 14 November 2002 the Tychy District Court made yet another application under Article 263 § 4 of the Code of Criminal Procedure, asking the Court of Appeal to prolong the applicant’s detention until 30 June 2003. It stressed that it had still been impossible for it to begin the trial and that the grounds previously given for keeping the applicant in custody were still valid. 17. On 27 November 2002 the Court of Appeal partly granted the application and ordered that the applicant be held in custody until 31 March 2003. It drew the District Court’s attention to the fact that it had not stated any concrete reasons to justify the fact that the proceedings had not been terminated within the time-limit of 2 years specified in Article 263 § 3 of the Code of Criminal Procedure. In the Court of Appeal’s view, the laconic statement of the District Court that the trial had not been concluded for reasons which could not be attributed to it, was not sufficient. The Court of Appeal also criticised the fact that between June 2002 and 30 December 2002 the District Court had listed only two hearings. A hearing scheduled for 17 July 2002 was cancelled because not all of the victims had been properly summoned, while the hearing listed for 27 September 2002 was cancelled due to the holiday of one of the counsel. The Court of Appeal further noted that on 6 November 2002 a new judge had been assigned to the case. However, it noted that the District Court had not taken any significant measures aimed at concluding the proceedings, as had been indicated in the earlier decisions of the Regional Court and the Court of Appeal. It lastly stressed that the case was not particularly complex and suggested that the District Court should properly organise the trial and terminate it by the end of March 2003. 18. The applicant was released on 21 March 2003. All the applicant’s earlier applications for release and appeals against decisions prolonging his detention had been to no avail.

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8. The applicant was born in 1967 and lives in Dębica. 9. On 10 October 1995 the applicant and other suspects were arrested on suspicion of assault and inflicting torture. On 11 October 1995 the applicant was remanded in custody by the Tarnów District Prosecutor, who referred to the strong probability of his guilt, the gravity of the charges against him and the high risk of his hindering the proper conduct of the proceedings by exerting pressure on witnesses. His detention was ordered for a period of three months. On the same day the applicant lodged an appeal against the detention order, questioning the credibility of the evidence of the victims of the alleged assault and claiming that he was innocent. He also referred to the difficult situation of his family. 10. On 12 October 1995 the applicant requested the Tarnów Regional Prosecutor to order his release. On 20 October 1995 the Tarnów Regional Court dismissed this request. It considered that the victims of the assault had given evidence pointing to the applicant’s guilt. It referred to the serious nature of the charges and expressed the view that his case did not disclose any of the grounds provided by Article 218 of the Code of Criminal Procedure for challenging the lawfulness of his detention. 11. On 24 October 1995 the Tarnów Regional Court dismissed the applicant’s appeal of 11 October 1995, referring to its decision of 20 October 1995. 12. On 24 October 1995 the Tarnów District Prosecutor charged the wives of three suspects with the offence of inducing a victim of the assault to give false testimony. 13. On 3 November 1995 the applicant requested the prosecutor to release him on bail. This was refused on 6 November 1995 on the ground that the reasons for the applicant’s detention had not ceased to exist and that there were no circumstances justifying his release under Article 218 of the Code of Criminal Procedure. The applicant appealed against this decision, but his appeal was dismissed on 15 November 1995. 14. On 14 November 1995 the victims of the assault changed their testimony and withdrew charges against the suspects. They had left Poland and their whereabouts were unknown. 15. On 1 December 1995 the applicant unsuccessfully requested the prosecutor to replace the detention with police supervision and bail. 16. On 3 January 1996 the Tarnów Regional Court prolonged the applicant’s detention until 10 February 1996. It noted that the investigation had not yet been completed since one of the co-accused had lodged a complaint concerning an anonymous witness and, in addition, some of the witnesses, whose whereabouts were unknown, had still not been heard. It further noted that, in spite of the fact that the victims of the assault had changed their initial testimony, there were still serious grounds for believing that the applicant had committed the offences in question. The court also observed that the law did not require that the evidence in support of detention had to be such as to justify a conviction. 17. The applicant’s appeal against this decision was dismissed on 24 January 1996 by the Kraków Court of Appeal. 18. On 6 February 1996 the Tarnów District Prosecutor lodged a bill of indictment with the Tarnów Regional Court. It comprised charges in respect of seven persons. The prosecutor requested the summoning of 19 witnesses. 19. On 26 February 1996 the applicant requested the court to quash the detention or replace it with a more lenient measure. The court dismissed this request reiterating the arguments set out in the decisions of 20 and 24 October 1995 and of 3 January 1996. 20. The first hearing was held on 1 April 1996. On 24 April 1996 the applicant requested the court to quash his detention or to replace it with a less severe measure. His request was dismissed on 26 April 1996 by the Tarnów Regional Court, which noted that the investigative proceedings had not yet been completed and that there were more witnesses to be questioned. 21. The trial continued on 7 June 1996. On 11 June 1996 the applicant asked to be released. The next hearing was held on 17 June 1996 and adjourned sine die. On 10 July 1996 the Kraków Court of Appeal upheld the decision of 17 June 1996 refusing to quash the applicant’s detention. On 19 July 1996 the applicant lodged with the court a request for release on bail. His request was refused on 23 July 1996. 22. On 8 August 1996 the Kraków Court of Appeal dismissed the applicant’s appeal against the decision of 23 July 1996 refusing to release him. In the court’s view, the final verification of the evidence was not possible at that stage of the proceedings and there was no clear indication that the charges laid against the applicant were unfounded. The court also observed that the conditions for release referred to in Article 218 of the Code of Civil Procedure were not satisfied since effective steps were being taken to support the applicant’s family. 23. On 22 and 26 August and 2 September 1996 the applicant lodged complaints with the Tarnów Regional Court, the Minister of Justice and the Tarnów Regional Prosecutor, complaining about the slow progress in the proceedings. He alleged that the prosecuting authorities had breached his rights guaranteed by the Convention. He also submitted that he and his family had suffered undue hardship since there were no grounds whatsoever justifying his detention. 24. On 4 September 1996 the Tarnów Regional Court dismissed the applicant’s request for release of 22 August 1996. It observed that the victims of the assault had left the country and could not be heard. The applicant had failed to indicate any new circumstances justifying his request. 25. On 24 September 1996 the Tarnów Regional Court convicted the applicant of assault and sentenced him to six years’ imprisonment and a fine. On the same day the court decided to uphold his detention within the meaning of the Polish Code of Criminal Procedure. The prosecutor and the defence counsel lodged an appeal against the judgment. 26. On 20 March 1997 an appellate hearing was held. 27. On 27 May 1997 the Kraków Court of Appeal quashed the judgment of 24 September 1996 and referred the case back to the Regional Court. On the same day the Court of Appeal decided to uphold the applicant’s detention on remand, having regard to the existence of a strong probability of his guilt, the necessity to secure the conduct of the proceedings and to the fact that there were no circumstances referred to in Section 218 of the Code of Criminal Procedure. 28. On 24 June 1997 the applicant lodged a complaint with the Kraków Court of Appeal, claiming that he had been detained in breach of Article 5 § 3 of the Convention. 29. On 9 July 1997 the Kraków Court of Appeal dismissed the applicant’s request for release, considering that, in the circumstances of the case, and given the number of witnesses to be heard, his continuing detention had not exceeded a reasonable time; nor did his family situation militate against his continuing detention. In the court’s opinion, the co-accused had contributed to the delay in the proceedings by submitting evidence motions at the late stage of the trial. 30. On 28 July 1997 the Tarnów Regional Court refused to release the applicant, considering that his continuing detention was justified in view of the serious charges confirmed by the evidence and in order to secure the proper conduct of the proceedings. The court was of the opinion that although the applicant’s family situation was difficult, it was not sufficient to justify his release. 31. On 7 August 1997 the president of the Tarnów Prison informed the applicant that there were no legal grounds for his release. 32. On 12 September 1997 the Tarnów Regional Court dismissed the applicant’s request for release, considering that the law did not require that the evidence in support of detention had to be such as to justify conviction. The court observed that even if the Court of Appeal had quashed the first-instance judgment, it had not decided to release the applicant. The court referred to the risk of severe punishment for the accused and to the need to secure the proper conduct of the proceedings. The applicant’s family situation was difficult but not critical. 33. In a letter to the applicant of 25 September 1997 the President of the Kraków Court of Appeal recalled that the grounds for his detention on remand had been repeatedly examined by the courts during numerous proceedings held on 20.10.1995, 3.01.1996, 24.01.1996, 28.02.1996, 26.04.1996, 17.06.1996, 23.07.1996, 4.09.1996, 24.09.1996, 14.10.1996, 24.01.1997, 27.05.1997, 9.07.1997, 28.07.1997 and 12.09.1997. 34. On 29 September and 2 October 1997 hearings were held. On 2 October 1997 the Tarnów Regional Court refused to release the applicant, considering that, in view of the sufficient likelihood of his guilt and the seriousness of the charges, his detention was warranted. As regards the applicant’s situation, difficult as it might be, it was not so critical as to justify his release. 35. On 14 and 15 October 1997 hearings were held. On 15 October the court dismissed the applicant’s request for release, repeating the grounds stated in previous decisions. 36. On 29 October and 3 November 1997 the applicant lodged requests for release, referring to Section 213 § 1 and Section 214 of the Code of Criminal Procedure. 37. On 6 November 1997 the applicant asked the court to stay the proceedings. At the hearing held on 19 November 1997 the court refused to do so or to release him, referring to the grounds invoked in previous decisions. The subsequent hearing was held on 8 December 1997. The court decided to read out the testimonies of the victims of the assault and to close the trial. 38. By a judgment of 10 December 1997 of the Tarnów Regional Court the applicant was found guilty of the charges against him and sentenced to six year’s imprisonment. Additionally, the court deprived him of his civic rights for three years. The court decided that the applicant’s further detention was unnecessary in view of the fact that the proceedings had been completed, that his family was in a difficult situation and that he had spent over two years in the detention centre. The applicant was released on the same day. 39. By a judgment of 17 June 1998 of the Kraków Court of Appeal, the applicant was eventually acquitted of all the charges against him as the court considered that there was no sufficient evidence of his guilt.

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7. On 15 April 1997 the applicant company filed a claim against the Best-Sat company in the Bielsko-Biała District Court (Sąd Rejonowy). The value of the claim was PLN 246,969.86. The claim resulted from Best-Sat’s refusal to pay the applicant company’s invoice issued on 8 October 1995 for the construction of a TV cable network, in accordance with the contract concluded between the parties. The applicant company requested that its claim be considered in a summary procedure (postępowanie nakazowe). 8. On 24 April 1997 the District Court decided that the case should be considered in the ordinary procedure as it did not fulfil the legal conditions for the summary procedure. On 14 May 1997 the applicant company filed with the Bielsko-Biała District Court an interlocutory appeal (zażalenie) against the decision of 24 April 1997. Subsequently, the court ordered the applicant company to pay a court fee of PLN 2,789.60 for the consideration of its interlocutory appeal. On 10 June 1997 the applicant filed with the Bielsko-Biała District Court an application for an exemption from that fee. However, on 21 July 1997 the District Court dismissed that application. The applicant filed another, apparently unsuccessful, interlocutory appeal against the decision of 21 July 1997, claiming that the company was on the brink of insolvency as a result of its enforceable claims not having been satisfied by the Best-Sat company. 9. On an unspecified later date, the case was transmitted to the Bielsko-Biała Regional Court (Sąd Wojewódzki) in order to be considered in the ordinary proceedings. On 3 February 1998 the Regional Court ordered the applicant company to pay a court fee of PLN 13,948.49 for lodging its claim. 10. On 17 February 1998 the applicant company filed with the Bielsko-Biała Regional Court an application for an exemption from the fee, pursuant to section 113 § 2 of the Code of Civil Procedure. It stated that the amount of the fee was considerably beyond its means. It also submitted that, for the first 10 months of 1997, it had made net profits of only PLN 7,695.37, while the company’s assets amounted to PLN 31,366.98, but consisted mostly of claims to be satisfied. 11. The applicant company stressed that it had no possibility to dispose of its assets promptly in order to secure funds to pay the court fee and, even if that were possible, it would lead to the winding up of the company. It further argued that the lack of funds to pay the court fee did not result from any fault in its activities or from a negligent failure to secure funds for the litigation. It also maintained that its claim resulted from work done over the past few years which had dominated the activities of the company. Consequently, it did not have other possibilities to secure sufficient funds from other contracts. 12. On 2 March 1998 the Regional Court ordered the applicant company to produce a number of documents concerning its financial situation. The relevant documents were submitted to the court as enclosures to a letter of 16 March 1998. In the same letter the applicant supplemented its application for exemption from the court fees. It stated that it had three enforceable claims, including two against the Best-Sat Company which were the subject of the pending litigation. The third claim, although enforceable as of 25 November 1997, had not been satisfied. The applicant company stated that its fixed assets of PLN 11,670.90 were necessary to continue the running of its business and, if disposed of, the company would have to be wound up. The plaintiff also submitted that in 1997 it had made net profits of PLN 2,723.19, which were used to set off the losses made in 1995 and 1996. 13. On 25 May 1998 the Bielsko-Biała Regional Court rejected the application. The court gave the following reasons for its decision: “At the request of the court, the plaintiff has submitted its balance sheets as of 30 November 1997 and of 30 March 1998, as well as a bank statement regarding its accounts as of 17 March 1998. In the court’s view the above documents prove unequivocally that the plaintiff makes profits from its business, as evidenced by the balance on its bank accounts for the period between December 1997 and March 1998. It should also be pointed out that the plaintiff has gross profits (przychód) from its business activity estimated at PLN 26,322.95, including gross profits from the sale of goods and materials in the amount of PLN 2,365.81. Furthermore, according to the balance sheet of 3 March 1998, the plaintiff company has significant fixed assets (majątek trwały) in the amount of PLN 7,192.67, and current assets (majątek obrotowy) in the amount of PLN 31,067.97. The examination of the above documents leads to the conclusion that the plaintiff can afford to pay the court fees because it has sufficient funds. It should also be pointed out that, in case of a lack of such funds, the plaintiff could obtain them by means of partners’ surcharges (dopłaty) since it is a limited liability company. All the other expenses of the plaintiff should be treated by it on equal terms with the expenses which are necessary to pursue its claims...” 14. On 4 June 1998 the applicant company filed an interlocutory appeal against the decision of 25 May 1998 with the Katowice Court of Appeal. It submitted that the District Court had made a mistake in calculating the amounts of fixed and current assets because the figures relied on were from 1 January 1997, but the value of the assets had decreased since then. As of 31 January 1998 the amount of fixed and current assets was estimated at PLN 5,019.27 and PLN 18,494.77 respectively. The applicant company argued that the combined value of all its assets only slightly exceeded the amount of the court fee, and that, if the latter had to be paid in that amount, the company would be forced to wind up. 15. The applicant company further pointed out that the fixed assets consisted of office equipment which was necessary to run the business, whereas its current assets consisted mostly of reserves of materials necessary to provide services to clients and claims which were the subject of separate litigation. Thus, even assuming that the value of current assets exceeded the amount of the court fee, it could not be presumed that the former could be disposed of in order to provide the funds necessary to pay that fee. 16. The applicant company also contested the Regional Court’s view that all expenses should be treated equally, and pointed out that any surplus would be used to pay taxes since failure to do so could result in prosecution. Finally, the applicant observed that the unpaid invoice which gave rise to the present claim related to work done by the applicant company over a period of two years, which had dominated the applicant’s business during that period. That was, to a large extent, the reason why the applicant company had been unable to secure funds for possible litigation expenses. Lastly, the applicant company, in principle, agreed with the Regional Court’s view as to the possibility of obtaining additional funds by means of partners’ surcharges. However, relying on section 113 § 2 of the Code of Civil Procedure, it stressed that a legal person was entitled to exemption from court fees if it proved that it did not have sufficient funds. 17. On 31 July 1998 the Katowice Court of Appeal rejected the applicant’s appeal as follows: “According to the plaintiff’s documents, its financial situation deteriorated only in 1998. However, it emerges from the documents produced in support of the statement of claim that the plaintiff’s claim results from work done between 1993 and 1995, since the notice to pay for that work is dated 16 January 1995. From that it unequivocally follows that the plaintiff could have secured the funds necessary for the pursuance of its claims prior to 1996 when its financial situation deteriorated, and when, as it transpires from its balance sheets, its assets and gross profits from the sale of goods and materials had been at the level which had been referred to in the contested decision. The Court of Appeal also does not subscribe to the plaintiff’s view that, if at the current moment the plaintiff does not have sufficient funds to pay the court fee, then it can successfully request to be exempted ... under section 113 § 2 of the Code of Civil Procedure. As follows from the established case-law of the Supreme Court, and also the case-law of this Court of Appeal, the possibilities of paying the court fees by a legal person should be assessed in the larger context not only of the funds currently held but also those that could possibly have been secured. When the plaintiff holds a current bank account, where its turnover is recorded, and that turnover still in December 1997 was of significant volume, then there are no reasons to assume that the plaintiff could not take out the necessary loan in order to obtain the funds needed to pursue claims of the very significant value of PLN 246,969.86. Obviously, interest will be charged on such a loan, but there are no grounds to hold that the cost of such a loan should be borne by the taxpayers, which would happen if exemption from court fees was granted... The Court of Appeal also fully shares the Regional Court’s argument that, since the plaintiff is a limited liability company, the obligation of the partners to make appropriate surcharges in order to secure funds to cover expenses related to the assertion of claims should be taken into consideration...” 18. The applicant company did not pay the required court fee. On an unspecified later date, the Bielsko-Biała Regional Court ordered that the applicant company’s statement of claim be returned to it, which meant that its claim was of no legal effect. 19. According to the applicant company’s tax return for 1997, in that year it made net profits of PLN 4,484.70.

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4. The applicant lives in Ankara. 5. In 1973 the authorities conducted a land registry survey in Mudanya and revised the local plans. Following this revision, 25 plots belonging to the applicant were registered in the Land Registry under the title of 23 other persons. In June 1973 the applicant challenged this decision and applied to the Land Registry Council to have this decision annulled. However, on 26 May 1974 the Council rejected the applicant’s request. 6. On 20 June 1974 the applicant brought an action in the Mudanya Land Registry Court against 23 defendants. She alleged that the land in dispute had belonged to her before the revision, and requested that the records in the Land Registry be corrected. 7. In 1982 the case was transferred to the Mudanya Cadastre Court. 8. On 14 May 2002 the Mudanya Cadastre Court rejected the applicant’s claims. 9. On 25 March 2004 the Court of Cassation quashed the judgment of the Mudanya Cadastre Court. 10. The proceedings are still pending before the Mudanya Cadastre Court.

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4. The applicant was born in 1985 and lives in Izmir. 5. On 27 December 2001 the applicant, who was sixteen years old at the time, was arrested by police officers from the Karşıyaka Police Station in connection with an ongoing investigation concerning a robbery that had taken place in a primary school. In his police statement, the applicant confessed that he had been involved in a robbery on 26 November 2001 together with two of his friends. He explained that he had helped his friends in carrying a computer from the primary school. The same day he was brought before the public prosecutor, and the investigating judge at the Karşıyaka Magistrate’s Court, where he repeated his statement to the police. Having regard to the evidence in the file and considering that there was a risk of absconding, the investigating judge ordered that the applicant be detained on remand in a prison together with adults. 6. The applicant’s representative challenged this decision before the Karşıyaka Criminal Court and maintained that the evidence in the file did not suffice to keep her client in detention. Invoking Articles 5 and 6 of the Convention, she requested that the applicant be released. 7. On 10 January 2002 the Karşıyaka public prosecutor instituted criminal proceedings against the applicant in the Karşıyaka Criminal Court. He charged him with robbery under Article 493 of the Criminal Code. 8. On 14 January 2002 the Karşıyaka Criminal Court commenced the trial against the applicant. Taking into account the seriousness of the offence and the evidence in the case-file, it ordered that the applicant’s detention on remand be continued. 9. On 16 January 2002 the applicant’s representative challenged this decision. She invoked Articles 5 and 6 of the Convention and alleged that there was not sufficient evidence in the file to keep her client in detention. She further maintained that pursuant to Article 104 of the Criminal Procedure Code, a person could only be held in detention on remand if there were a risk of absconding and/or of tampering with evidence. She stated that the authorities knew where the applicant lived and there were no sufficient grounds to believe that the applicant would try to flee. Furthermore, according to the lawyer, as all the evidence relating to the case had already been gathered by the authorities, there was no risk of tampering with evidence. 10. On 30 January 2002 the Karşıyaka Assize Court refused the applicant’s request for release basing itself on the nature and seriousness of the accusation, and the evidence in the file. 11. During the hearing which was held on 8 February 2002, the Karşıyaka Assize Court heard the applicant’s testimony. Before the court, the applicant denied the charges and stated that he had not been involved in the robbery. Underlining that the applicant was a minor, the representative of the applicant asked the court for his release. Having regard to the nature of the crime, and taking into consideration the time spent in detention, the court decided that the applicant’s detention should be continued. 12. On 7 March 2002 the applicant’s representative asked the Karşıyaka Criminal Court to release her client. She maintained that he had been in detention since 27 December 2002 and stated that there was no sufficient evidence to keep him in detention. The court once again refused her request. 13. On 28 March 2002 the applicant’s representative further requested her client’s release referring to Article 5 of the Convention. She stated that the court was not examining their requests for release thoroughly. She contended that the applicant’s release would not in any way pose a danger to public order. She also stated that the applicant was ready give a guarantee to offset any risk of absconding. 14. On 29 March 2002 the Karşıyaka Criminal Court dismissed the applicant’s request relying on the evidence in the file and the seriousness of the offence. 15. On 5 April 2002 the Karşıyaka Criminal Court held another hearing, at the end of which it ordered that the applicant remain in detention on remand. 16. On 9 April 2002 the applicant’s lawyer challenged this decision before the Karşıyaka Assize Court. She maintained that her client was a minor and could not be kept in detention for such a long time. In this respect, she invoked Article 5 of the Convention and Article 37 (b) of the United Nations Convention on the Rights of the Child. 17. On 10 April 2002 the Karşıyaka Assize Court rejected the request for release basing itself on the evidence in the file, the time spent in detention and the nature of the offence. 18. On 1 May 2002, after spending almost four months in detention on remand, the applicant was released pending trial. 19. The proceedings against the applicant are still pending.

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6. The applicants were born in 1977, 1976, 1974 and 1968 respectively and were serving their prison sentences in Nazilli at the time of their applications to the Court. 7. The police officers at the Anti-Terror branch of the Antalya Security Directorate arrested Tayyip Ölmez, Vahdettin Budak, Songül Karatağna and Mehmet Emin Yalçın and placed them in custody on 22 February, 13 March, 12 April and 24 April 1998 respectively. 8. The Antalya Magistrates’ Court ordered the remand in custody of Tayyip Ölmez, Vahdettin Budak, Songül Karatağna and Mehmet Emin Yalçın on 27 February, 22 March, 21 April and 29 April 1998 respectively. 9. By indictments dated 24 March, 8 May, 17 May and 22 May 1998 the public prosecutor at the İzmir State Security Court accused Vahdettin Budak, Songül Karatağna and Mehmet Emin Yalçın of membership of an illegal organisation and Tayyip Ölmez of aiding and abetting an illegal organisation. He requested that Vahdettin Budak be convicted and sentenced under Article 125 of Criminal Code. In respect of Songül Karatağna and Mehmet Emin Yalçin, the public prosecutor requested that they be convicted and sentenced under Article 168 §2 of Criminal Code and Article 5 of Law no. 3713. As for Tayyip Ölmez, the public prosecutor requested that he be convicted and sentenced under Article 169 of Criminal Code and Article 5 of Law no. 3713. 10. On 11 November 1998 the İzmir State Security Court convicted the applicants as charged and sentenced Vahdettin Budak to life, Songül Karatağna and Mehmet Emin Yalçın to twelve years and six months and Tayyip Ölmez to five years’ imprisonment. 11. On 11 October 1999 the Court of Cassation upheld the judgment of the İzmir State Security Court. On 2 November 1999 the judgment of the Court of Cassation was deposited with the registry of the İzmir State Security Court. 12. On 29 March 2005 the applicants’ representative informed the Court that all the applicants, except for Mr Vahdettin Budak, were released from prison.

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7. The applicant was born in 1973 and lives in İstanbul. 8. On 17 May 1997 five police officers from the Anti-terror branch of the İstanbul Security Directorate searched the flat of the applicant. She and her husband were arrested and taken into custody on suspicion of their membership of an illegal organisation, namely the TKP/ML[1]. According to the search protocol drafted on the same day by the police officers and signed by the applicant, the police found a number of documents, guns, ammunition and dynamite. The report mentioned that the applicant and her husband resisted arrest[2]. 9. On the same day, the police officers from the Anti-terror branch of İstanbul Security Directorate arrested other suspects, including Mr E.Y., on the same grounds as the applicant. 10. On 19 May 1997 the applicant was interrogated by two police officers. The applicant submitted that she was not involved with the TKP/ML and that she was not aware of the existence of the materials found during the search. She stated that she did not know when her husband had brought and hid those materials. The applicant signed her deposition. 11. On 21 May 1997 the applicant was examined by a doctor from the Forensic Medicine Department of the İstanbul State Security Court who noted the presence of a 2x8 cm hyperaemia[3] below the applicant’s right shoulder blade, a swelling of 3 cm in the neck area and subjective pain in the neck. The report drafted by the doctor concluded that, apart from these findings, there were no other signs of injury attributable to ill-treatment. 12. On 21 May 1997 the applicant was brought before the public prosecutor at the İstanbul State Security Court. She acknowledged the contents of her police deposition. However, she stated that during her custody, four or five police officers had sexually harassed her by touching her breasts and buttocks. She claimed that she was also punched. She affirmed that she would be able to recognise them if she were to meet them again. 13. On the same day, the applicant was released and no criminal proceedings were brought against her. 14. On 22 May 1997 the public prosecutor at the İstanbul State Security Court considered that it lacked competence to examine the allegations of ill‑treatment brought by the applicant and Mr E.Y., and transferred the investigation file to the Fatih public prosecutor’s office. 15. On 30 May and 3 July 1997 the Fatih public prosecutor requested the Kartal and Tuzla Security Directorate to secure the applicant’s presence before him. On 21 August 1997 the Tuzla Security Directorate informed the prosecutor that the applicant had not been at the address indicated by the prosecutor and that they had discovered that the applicant was working at the SSK Hospital in the district of Kartal. On 27 August 1997 the public prosecutor reiterated his request to the Kartal Security Directorate. The applicant’s address was stated as the hospital where she was working. 16. Upon the request of the Fatih public prosecutor dated 30 May 1997, the İstanbul Security Directorate submitted, on 8 July 1997, documents pertaining to the arrest and detention of the applicant and Mr E.Y. and informed him of the identities of the police officers that had interrogated Mr E.Y. and the applicant. 17. In her testimony, on 26 September 1997, given to the Fatih public prosecutor, the applicant submitted, in particular, that when she was taken to the police station, she was separated from her husband and blindfolded. She claimed that she was attacked by police officers who pulled her hair and hit her, particularly between her shoulders. She maintained that they stripped her naked in front of her husband and that she was molested and sexually harassed. She claimed that, during her interrogation, one of the police officers threatened her with rape, while all the officers insulted her verbally and also threatened to accuse her of murder if she refused to co-operate. She maintained that she was also beaten following her appearance before the press. The applicant stated that it was impossible for her to provide witnesses since she was in custody, incommunicado, away from all eyewitnesses. 18. Mr E.Y.’s testimony was taken by the Fatih public prosecutor on 27 October 1997. 19. Between 23 July 1997 and 9 September 1997 the Fatih public prosecutor took the statements of the police officers Mr H.İ., Mr E.A., Mr A.K. and Mr Z.K. They all refuted the accusations against them, claiming that both the applicant and Mr E.Y. had resisted arrest and that, as a result, they could have sustained some injuries. 20. On 3 November 1997 the Fatih public prosecutor submitted a report to the İstanbul public prosecutor’s office in which he considered that criminal proceedings should be initiated against these police officers. 21. By an indictment dated 19 November 1997, the İstanbul public prosecutor instituted criminal proceedings in the İstanbul Assize Court against the officers, pursuant to Article 243 § 1 of the Criminal Code which prohibits ill-treatment. 22. On 25 November 1997 the criminal proceedings against the police officers commenced before the İstanbul Assize Court. 23. Between 25 November 1997 and 1 June 1999, the court held eight hearings. The court heard the applicant, her husband, Mr E.Y. and the accused police officers. The applicant’s request, to intervene as a third party, on 13 February 1998 was accepted by the court. In the hearing held on 13 October 1998 the applicant’s representative informed the court that they waived their right to have the applicant’s witness Mr Ş.T. heard. Accordingly, the court decided not to hear him. 24. During the proceedings before the Assize Court, the applicant repeated her allegations against the police officers. She further stated that two of the four police officers who had sexually harassed her, namely Mr H.İ and Mr Z.K., were present before the court. She further admitted that a struggle had taken place during her arrest. 25. At the hearing held on 1 December 1998, the applicant’s husband testified in favour of the applicant. He submitted that they were all subjected to systematic torture whilst in police custody. In this regard, he claimed that their clothes were ripped, their feet were squeezed, they were hosed with pressurised water and that their heads were pushed into a pool of water. He asserted that he was also shown his wife as she lay naked on the ground. 26. On 1 June 1999 the İstanbul Assize Court acquitted the police officers of the charges against them. The court concluded that, apart from the findings in the medical reports, there were no other signs of injury and that those mentioned in these reports could have been sustained during the arrest of the complainants. The court considered the testimony of the applicant’s husband unreliable on the ground that he was her husband, that he had been arrested and detained on same grounds and that his version did not match the events. The court therefore found that the evidence before it did not suffice to convict the accused police officers. 27. On 4 October 2000 the Court of Cassation upheld the judgment of the Assize Court.

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9. The first applicant was born in 1975 and lives in Århus, Denmark. In the spring of 1996 he did his national service. Since a few months remained before he could commence studying mathematics and physics at the University of Århus, on 10 May 1996 he applied for a job as a holiday relief worker in a company, FDB Distributionen (“FDB”). For this purpose, he filled in an application form, which contained a pre-printed paragraph stating, among other things: “To obtain the job it is mandatory to be a member of one of the trade unions affiliated to the Danish Confederation of Trade Unions (LO). You will be informed on request of the name of the union.” 10. In a letter of 20 May 1996, the applicant was offered the job from 3 June until 10 August 1996 and informed that his terms of employment would be regulated by an agreement concluded between FDB and a trade union called SID, which was affiliated to LO, and of which the applicant was obliged to become a member. 11. From his first payslip on 20 June 1996 the applicant became aware that he was paying a subscription to SID, although he had not applied for membership. Instead, at the time of his appointment he had applied for membership of a trade union called Denmark's Free Trade Union (Danmarks Frie Fagforening). In a letter of 23 June 1996, the applicant informed his employer and the shop steward that he did not want to pay the subscription to SID because he had been told that, as a holiday relief employee, he would not be given full membership of SID. 12. Consequently, on 24 June 1996, the applicant was dismissed for not satisfying the requirements for obtaining the job as he was not a member of a trade union affiliated to LO. 13. The applicant, represented by Denmark's Free Trade Union, instituted proceedings before the High Court of Western Denmark (Vestre Landsret) against FDB, requesting that FDB be ordered to acknowledge that his dismissal was unlawful and to pay him compensation. He alleged that section 2(2) of the Protection against Dismissal due to Association Membership Act of 9 June 1982 (Lov om beskyttelse mod afskedigelse på grund af foreningsforhold), as amended on 13 June 1990, violated Article 11 of the Convention as it allowed an employer to require an employee to be a member of a specific association in order to obtain employment. The applicant stated, among other things, that he did not share SID's political views. 14. On 18 November 1998 the High Court found for FDB, stating as follows: “The High Court finds it established that the applicant was aware that membership of SID was a condition for his employment in the company. Thus, since the applicant did not comply with this requirement the conditions for dismissing him are fulfilled in accordance with section 2, subsection (2), in conjunction with subsection (1), of the Protection against Dismissal due to Association Membership Act. Therefore, the pertinent question is whether the Act in issue, and with it the applicant's dismissal, is at variance with Article 11 of the European Convention on Human Rights, in the light of the interpretation this Article has been given by the European Court of Human Rights in its recent case-law. The Protection against Dismissal due to Association Membership Act was passed by Parliament in 1982 as a result, inter alia, of the British Rail judgment (Young, James and Webster v. the United Kingdom, Series A no. 44) delivered by the European Court of Human Rights in 1981. In this judgment it was established that in certain circumstances Article 11 also secured the negative right to freedom of association. In the assessment of whether, subsequent to the Court's recent case-law, the domestic courts should disregard section 2(2) of the Protection against Dismissal due to Association Membership Act, the starting-point must be taken from the Act of 1992 incorporating the European Convention on Human Rights. According to the preparatory notes, incorporation of the Convention was not intended to change the existing balance between the Danish parliament and the Danish courts. Thus, in the view of the High Court, while taking into account the rights and obligations that may be inferred from the European Convention on Human Rights, Parliament still has considerable discretion when laying down Danish law. In this connection, it is also of importance to note that a decision abolishing or limiting the existing possibility of entering into closed-shop agreements will have far-reaching consequences for the Danish labour market. In support of the applicant's understanding of the scope of Article 11, reference has been made to the Sigurður A. Sigurjόnsson v. Iceland judgment of 1993 and the Gustafsson v. Sweden judgment of 1996. However, in the view of the High Court, an interpretation of these judgments does not establish with the necessary certainty that section 2(2) of the Protection against Dismissal due to Association Membership Act is at variance with Article 11 of the Convention.” 15. On appeal, the Supreme Court (Højesteret) upheld the High Court's judgment on 8 June 1999. In its reasoning the Supreme Court stated as follows: “The Protection against Dismissal due to Association Membership Act (Law no. 285 of 9 June 1982) was passed notably in order to comply with the negative right to freedom of association to the extent that such an obligation could be established according to the interpretation of Article 11 of the Convention given by the European Court of Human Rights in the Young, James and Webster v. the United Kingdom judgment, Series A no. 44 (British Rail). As stated in the Supreme Court's judgment of 6 May 1999 [see paragraph 21 below], the latest judgments of the European Court of Human Rights provide no grounds for a different assessment of the lawfulness of closed-shop agreements and their consequences from that appearing in the British Rail judgment. In addition, section 2(2), of the Protection against Dismissal due to Association Membership Act of 9 June 1982 raises no doubts as to its compatibility with this judgment.” 16. The second applicant was born in 1959 and lives in Haderslev, Denmark. He is a gardener by profession. He became a member of SID in the mid-1980s, but resigned his membership after a few years as he felt unable to support its political affiliations. Instead, he became a member of the Christian Trade Union (Kristelig Fagforening). 17. Having been unemployed for a while, he was offered a job at a nursery (Gartneriet i Regnmark I/S) on condition that he became a member of SID as the employer had entered into a closed-shop agreement with that trade union. The applicant commenced the job on 17 May 1999 and rejoined SID, although he still did not agree with its political views.

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7. The applicant was born in 1975 and lives in Dobrich. She married in June 1994 and in November 1995 gave birth to a girl. 8. In 2000 the applicant instituted divorce proceedings. On 14 July 2000 the spouses separated. The applicant moved out of the apartment where the family used to live. Thereafter, she lived in her sister's apartment in Dobrich but also spent time in the nearby village Z., where her boyfriend lived. 9. The applicant's husband also moved out after the separation and returned to his parents' house. 10. Ever since the spouses' separation in July 2000, the applicant's daughter lived with her father and his parents who looked after her but she also spent short periods of time with the applicant. In particular, during the summer she spent one week in Z., where the applicant, her boyfriend and his parents looked after her. The child visited the applicant again, in Z. and in her apartment in Dobrich. The frequency of those meetings is unknown. 11. On an unspecified date in 2000 the applicant's husband brought an action against her seeking alimony payments for the upbringing of their daughter. By judgment of 24 November 2000 the Dobrich District Court ordered the applicant to pay alimony. 12. On 18 April 2001 the Dobrich District Court pronounced the couple's divorce. The court approved the parties' agreement according to which the applicant would have custody of their daughter but the child would remain with her father until 24 May 2001 since she attended an elementary school in the area of the father's home. The agreement further stated that the child would move in with the applicant at 8 a.m. on 25 May 2001. Thereafter, the father would take the child to his home every second weekend and also for five or six weeks per year during three or four holiday periods. The father undertook to pay alimony. 13. In the following weeks the applicant saw her child often and spent time with her, including in the village Z. According to Mrs N., a psychiatrist who held therapeutic sessions with the child in June and July 2001, the father's report that the child had returned tense and worried from some of those meetings was plausible since the child had been frustrated from the fact that her wish to be with both parents and to have all her mother's attention and affection had not realised. 14. On 25 May 2001 an argument erupted when the applicant, accompanied by her boyfriend and her lawyer, came to collect her daughter. The child was terrorised and refused to leave. It appears that from that moment on, all meetings between the applicant and her daughter were very short and often in the presence of other persons. 15. On 29 May 2001 the applicant instituted enforcement proceedings before the Dobrich District Court. 16. On 25 June 2001 the enforcement judge sent a summons to the applicant's former husband inviting him to appear on 28 June 2001. The summons was not served for reasons which are unclear. In a statement made later, the enforcement judge stated that the father was hiding. 17. On an unspecified date the enforcement judge appointed medical experts to examine the child. 18. On 25 June 2001 the applicant complained about the inactivity of the enforcement judge. On 28 June 2001 the Dobrich Regional Court examined the applicant's appeal against delays in the enforcement proceedings and found that there had been unjustified delays. In particular, insufficient efforts had been made to summon the father. Apparently implying that the failure to serve the summons was difficult to understand, the Dobrich Regional Court remarked that the mother of the applicant's former husband, in whose house the child lived with her father, worked as clerical staff of the Dobrich District Court. The court ordered the enforcement judge to speed up the proceedings. 19. On 28 June 2001 the enforcement judge invited a representative of the social services in Dobrich to attend the hearings in the enforcement proceedings. On 3 July 2001 the applicant wrote to the social services seeking their assistance and asking them to establish the circumstances in which her daughter lived with her father. That prompted an inquiry by Mr K., an employee of the social services, which were also in charge of matters of protection of children. Mr K. conducted an inquiry into the conditions in which the applicant's daughter lived and the social circumstances of the applicant and on 5 July 2001 drew up a report. Mr K. stated in his report that, inter alia, the applicant lived with her sister and their father in Dobrich in a four-room apartment in good conditions. At that time the applicant had been a student in a school for medical personnel. During the summer months she worked in her boyfriend's restaurant in the village Z. Mr K. also described as good the conditions in the father's home, where the child lived. As to the child, Mr K. had spoken with her and had learned that she wanted to live with both parents or with her father but also wanted to see her mother often. She did not want to live in the village Z. 20. On 13 July 2001 the enforcement judge attempted again to summon the father for 20 July 2001. The officer responsible for serving the summons was given two addresses for the respondent father. However, the officer noted that the father could not be located at either address and, according to a neighbour, had left on holidays. 21. The applicant filed another appeal against the delays in the enforcement proceedings which was examined on 25 July 2001 by the Dobrich Regional Court. The court found that insufficient efforts had been made to locate the respondent and that attempts should be made to summon him at his place of work. 22. On 26 July 2001 an attempt was made to serve a summons on the respondent father ordering him to appear on 30 July 2001. For that purpose, two court officers and a police officer visited three addresses indicated by the applicant including her former husband's workplace. It was established that he was on holidays until 1 August 2001. 23. On 7 August 2001 the father was eventually found at his address and summoned to appear before the enforcement judge to transfer the custody of the child on 23 August 2001. 24. In June and July 2001 the applicant sent several complaints to the local prosecutor, to the police and other institutions seeking assistance and police protection for her daughter. The police replied that the case did not fall within the scope of the regulations on police protection of children as there was no indication that the child had disappeared or was in danger. On 6 July 2001 the applicant's former husband received a police warning to comply with his obligation to transfer the custody of the child. In July and August 2001, upon the applicant's complaints that the father was hiding, the local prosecuting office conducted an inquiry. The father, his parents and the applicant were questioned and visits were made to their homes. On 18 August 2001 the prosecutor refused to open criminal proceedings. On an unspecified date the mother of the applicant's former husband complained to the local prosecutor that the applicant's lawyer had repeatedly disturbed them in their home and had used offensive language. On 6 July 2001 the applicant's lawyer received a police warning to abstain from threatening the family of the applicant's former husband. According to statements made later by persons involved in the proceedings, offensive remarks and groundless allegations were not uncommon in the complaints submitted by the parties. 25. On 7 August 2001 the applicant's former husband submitted to the enforcement judge a request that Mrs N., a psychiatrist who had monitored his daughter's health, be present during the transfer of custody on 23 August 2001. He enclosed a certificate dated 1 August 2001 issued by the psychiatrist. Mrs N. had seen the child in June and July 2001 as the father had noted that his daughter had become nervous, had no appetite, could not sleep well, tended to remain alone and cried. That was apparently caused by the changes in the child's life as a result of her separation from “part of her family circle”. Having held therapeutic sessions with the child, the psychiatrist stated that an improvement was noted. However, the psychiatrist considered that it was essential to avoid future situations which could cause psychological trauma. 26. On 16 and 17 August 2001 the applicant requested further psychiatric examinations of the child. She also stated that a paediatrician and Mr. K., the employee of the local social service who had previously seen her daughter, should also be present during the transfer of custody on 23 August 2001. 27. On 23 August 2001 the enforcement judge heard the applicant, her former husband, the child, Mrs N., Mr K. and the parties' lawyers. The applicant was asked to leave when the child was being heard. 28. According to the minutes, the child stated that she wanted to be with her mother, but also wanted to be with her father and preferred to stay with her father and to pay visits to her mother. 29. Mrs N., the psychiatrist, stated that the child needed to spend more time with her mother and that favourable conditions had to be created so as to avoid any traumatic incidents for the child, who was suffering as a result of the conflict between her parents. The child needed to receive more affectionate attention from her mother. Changes in the child's home and school environment could be dangerous. Mrs N. also expressed the view that the child was not sufficiently prepared for the transfer of custody and should not be forced. 30. Mr K, the social services employee, stated that the child was not at risk with her father. She enjoyed a good social environment and her situation would continue to be monitored by the social services. 31. The father's lawyer stated that an assessment should be made of the applicant's ability to provide satisfactory conditions for her daughter. 32. The enforcement judge instructed Mrs N. and Mr K. to provide additional information in writing before 30 August 2001 and adjourned the proceedings. 33. On 24 and 27 August 2001 the applicant complained to the health authorities about Mrs N., to the social services about Mr K., to the police about her former husband and to the District Court about the enforcement judge. The applicant alleged that her daughter's expressed reluctance to come with her had been the result of psychological manipulation and the administration of drugs on her by the enforcement judge and other persons. In her view, the enforcement judge should have immediately proceeded to handing the child to her. The applicant also filed a formal appeal against the adjournment of the proceedings and requested the recusal of the enforcement judge. 34. On 27 August 2001 Mr K. submitted a written opinion in which he stated that in his view the child, despite her low age, had grown to understand that her parents had separated and had formed a clear opinion in favour of staying with her father. She also wanted to see her mother more often. Mr K. also confirmed that the child lived in good conditions with her father and grandparents. 35. On 29 August 2001 Mrs N., the psychiatrist, filed additional assessments. She stated, inter alia, that the child's condition improved as she gradually adjusted to the circumstances. However, it was of utmost importance that the parents maintained better relations, which would allow a possibility for the child to see her mother more often. The child needed her mother's care and affection. At the same time any changes in the child's environment must be very carefully prepared. 36. On 11 September 2001 the applicant complained about the delay in the enforcement proceedings. 37. On 17 September 2001 the Dobrich Regional Court found that there were no undue delays in the proceedings in August and September 2001. 38. During the relevant period the applicant made several visits to her daughter's elementary school. In her submission, she could not see her daughter at the home of her former husband as he had threatening behaviour and did not allow normal contacts. His parents allegedly used offensive language against her. According to statements made by the applicant's former husband before the relevant authorities, the applicant seldom sought contact with her daughter, was unable to demonstrate affection for her and tried to achieve the enforcement of the court order through legal means only, as a result of which the child was repeatedly confronted with representatives of the authorities and with the applicant's lawyer and thus suffered stressful situations. 39. On 27 September 2001 the applicant and her lawyer visited the elementary school attended by the applicant's daughter, with the apparent intention to collect her. The applicant's daughter started crying and explained to the teacher that she did not want to go. The applicant was upset by her daughter's reaction. On 5 October 2001 the applicant's former husband complained to the prosecution authorities and to the local Bar against the behaviour of the applicant's lawyer, who had allegedly made repeated visits to his daughter's school and had insisted that the child be given to the applicant. In his written opinion given later, Mr K., the social service employee who worked on the applicant's case, stated that the presence of the applicant's lawyer and the applicant's boyfriend had negative effect on the meetings between the applicant and her daughter. 40. It appears that an attempt to summon the applicant's former husband at the end of September or the beginning of October 2001 was unsuccessful. 41. In mid-October 2001 a hearing in the enforcement proceedings was scheduled for 29 November 2001. The applicant complained, stating that this long delay was unnecessary. 42. On 29 November 2001 the applicant, her former husband, their daughter, their lawyers, two employees of the child protection service and a police officer appeared before the enforcement judge. Apparently with the aim to put pressure to bear on the authorities, the applicant invited journalists from the local television station and the press who came with their cameras. 43. The judge spoke to the child and told her that she would live with her mother. The child stated that she did not want to go with her mother and, according to testimony given later by Mr K., one of the social service employees, uttered rude words at her. Thereupon, the judge decided that the applicant should be left alone with her daughter for an hour. When the hearing resumed the child still refused to go. The social service employees expressed the view that there was no valid reason why the applicant should not have the custody of her daughter. The enforcement judge decided that the applicant could take her daughter home in execution of the custody agreement. The hearing was closed. 44. As the parties walked out of the courtroom, the applicant's former husband grabbed the child and ran away. A police officer who was present did not intervene. 45. The applicant complained to the prosecution authorities about the enforcement judge and the police. By decisions of 15 and 18 February 2002 they refused to open criminal proceedings. 46. On 6 December 2001 the applicant complained to the Dobrich Regional Court that the father had taken the child away. 47. Upon the applicant's request, the enforcement judge renewed the efforts to transfer the custody of the applicant's daughter to her. On 7 February 2002 the Dobrich District Court issued directions regarding the enforcement proceedings. On an unspecified date the applicant's former husband appealed against the acts of the enforcement judge, arguing that the proceedings should be terminated as the custody of the child had already been transferred on 29 November 2001. On 26 July 2002 the Dobrich District Court dismissed the appeal, considering that the enforcement proceedings could continue as the father had unlawfully taken his daughter away from her mother. 48. On 17 December 2001 the applicant's former husband instituted proceedings before the Dobrich District Court for a revision of the custody and contact measures, seeking the custody of his daughter (see the chronology of those proceedings in paragraphs 62-69 below). 49. He also requested a stay in the enforcement proceedings. On 10 January 2002 that request was refused on grounds that a stay of execution would constitute a de facto partial revision of the custody measures while any decision on the matter had to cover all relevant aspects, including contact arrangements. The court also stated that the execution of the April 2001 custody agreement would not prejudge the matter or otherwise impede the execution of any custody order that may be issued in the revision proceedings. 50. Apparently in reaction to the applicant's complaints against several judges, on an unspecified date all of the enforcement judges at the Dobrich District Court withdrew from the case, which was then transmitted to the Balchik District Court. 51. Upon the applicant's complaints to the Child Protection Agency and in reaction to other complaints concerning other persons, on 8 February 2002, the Agency appointed a three-member commission to examine the work of the local agencies in Dobrich and Rousse. The commission conducted meetings with several persons and examined documentary material. On an unspecified date in March 2002 it delivered a report in which it stated, inter alia, that in the applicant's case Mr K., the local social service employee, had only had two meetings with the child, that his conversations with the parents had not been documented, that a psychologist had never met the child and that more could be done to facilitate the enforcement of the judicial order on the custody of the child. The commission further stated that the delays in the enforcement proceedings had complicated and exacerbated the situation. The commission recommended, inter alia, the elaboration of a plan for meetings between the child and the parents in the presence of a social service employee and more active involvement of the agency employees in the efforts to facilitate the enforcement of the judicial order, including issuing directions to the father in case of non-compliance on his part. 52. In May 2002 the applicant complained that the custody agreement had not been enforced and that the recommendations of the Child Protection Agency had not been followed. 53. On an unspecified date the enforcement proceedings were transferred to the Kavarna District Court. A hearing was listed for 22 May 2002. The applicant was busy with her studies and was unable to attend. The case was adjourned until 20 June 2002. 54. On 20 June 2002 the applicant and her former husband appeared before the enforcement judge. As the father had not brought the child, the parties and the enforcement judge went to the father's home. The judge, the applicant and the child had a conversation. The child refused to follow her mother. On the same day the judge imposed a fine of 30 Bulgarian levs (“BGN”) on the father on the ground that he had failed to abide by his obligation to prepare the child for the transfer of custody. The father was instructed to do so before 2 July 2002. 55. On unspecified dates the enforcement judge imposed additional fines on the applicant's former husband for failure to abide by a final judgment. The total amount of the fines was BGN 200 (approximately 100 euros). On 9 July 2002 the applicant complained to the Regional Court that the fine had not been enforced. On an unspecified date the applicant's former husband appealed against the fine stating, inter alia, that the applicant had been unavailable for several months which had impeded the preparation of the child for the transfer. 56. The enforcement judge listed a hearing for 2 September 2002, with the purpose to effect the transfer of custody. The father and the child did not appear. The judge adjourned the matter. On 5 September 2002 the applicant complained of delays in the proceedings. 57. The enforcement judge scheduled the transfer of custody for 20 September 2002. The applicant's former husband did not comply. On 1 October 2002 he was ordered to pay another fine of BGN 200. 58. On 2 October 2002 the applicant's former husband reported to the local social services that his daughter did not want to live with her mother and stated that he would not force her. On 10 October 2002 the social service conducted an inquiry and recommended that it was in the interest of the child to see her mother more often. 59. During the relevant period the applicant saw her daughter several times when she visited her at her elementary school. In the applicant's submission, since the beginning of 2002 she has been prevented from seeing her daughter or speaking to her on the telephone. In his submissions to the relevant authorities, the applicant's former husband repeatedly stated that the applicant was calling seldom and did not come to see her daughter. In its judgment of 16 January 2004 (see paragraph 67 below) the Dobrich Dstrict Court, having heard several witnesses and examined documentary material, including all complaints submitted by the parties to various authorities and the files opened by the prosecuting authorities, found that the applicant had sought contacts with her daughter, but that her allegation that her former husband had prevented those contacts was groundless. The tense relations between the parents had been the main obstacle to normal contacts between the applicant and her daughter. 60. On 3 February 2003 the applicant wrote to the District Prosecutor stating that on 30 January 2003 she had visited her daughter at her school, whereupon her former husband had appeared, shouting offensive expressions. He had hit her and threatened to batter her if she continued seeing their daughter. On 11 February 2003 the applicant's former husband was summoned by the police and was ordered to cease obstructing the exercise of the applicant's parental rights. 61. On 11 February 2003 the applicant requested the assistance of the social services for securing her right to meet her daughter. A meeting was organised on 19 February 2003 between the applicant and her daughter in the presence of Mr K., employee of the social service, at the premises of the social service. The meeting ended at the request of the child. 62. On 17 December 2001 the applicant's former husband instituted proceedings under Article 106 § 5 of the Family Code before the Dobrich District Court for a revision of the custody and contact measures, seeking the custody of his daughter. A judge at the District Court in Dobrich examined the file on 18 December 2001 and scheduled a hearing for 4 March 2002. 63. The hearings listed for 4 March, 17 May and 27 September 2002 could not proceed as the applicant had not been summoned properly. She had not been found at her address in Dobrich. The attempts to notify the summons to her at the address of her boyfriend in the village Z., where she apparently moved in December 2001, were also unsuccessful. The lawyer of the applicant's former husband alleged that the mayor of the village obstructed the efforts to summon the applicant. 64. The first hearing was held on 11 November 2002. The applicant sought a stay of the proceedings pending the outcome of her application to the European Court of Human Rights. That was refused. The court commissioned a report on the child's living conditions at his father's place and the applicant's living conditions. The next hearing was listed for 24 January 2003. 65. In January 2003 the social services in Dobrich submitted to the District Court their report on the parents' living conditions. At the hearing on 24 January 2003 the court admitted the report and other evidence. The hearing was adjourned until 31 March 2003 to allow the examination of witnesses. 66. On 31 March 2003 the court heard several witnesses and decided to commission a report on the child's psychological state, sensitivities and attitude towards her parents. The report was submitted to the court in July 2003. The court held a hearing on 28 July 2003. The psychologists who had drawn up the report and an employee of the social services were heard. The last hearing in the case was held on 13 October 2003. 67. By judgment of 16 January 2004 the Dobrich District Court revised the custody measures as agreed upon by the parties in 2001 and granted the custody of the child to the applicant's former husband. The applicant was granted the right to take her daughter home every second weekend and for five weeks during three holiday periods. 68. The judgment contained detailed reasoning. The court noted that in accordance with Article 106 § 5 of the Family Code a change of circumstances could justify a revision of the custody and contact measures and examined all events since April 2001. The court stated that the custody dispute had to be decided primarily on the basis of the best interest of the child. It noted that according to the report of the psychologists, the child had suffered distress as a result of her separation from her mother but had stabilised with the passage of time. She loved her mother, did not express negative attitudes towards her and it was in her interest to see her more often and to restore normal contacts with her. However, the child felt safe and well in her current environment, where her father and her grandparents looked after her. She developed well and was offered good living conditions. A new change of environment would have a negative effect on the child's development. The court further took into consideration that the child had repeatedly expressed her preference for staying with her father. The court rejected as unproven the applicant's allegation that the father had been aggressive and had prevented the applicant from seeing her daughter. The main obstacle to the contacts between the applicant and her daughter had been the extremely tense relations between the parents who had filed numerous complaints against each other. That atmosphere was harmful for the child. 69. On appeal, on an unspecified date in 2004 the Dobrich Regional Court upheld the District Court's judgment. The applicant filed an appeal on points of law. As of December 2004 the case was pending before the Supreme Court of Cassation.

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12. All applicants live in Sarnitza, the region of Velingrad. They are the heirs of Mrs Fatma Bozova, who possessed land in the vicinity of Sarnitza until the collectivisation of agricultural land in the 1950s. 13. In 1991 Parliament adopted the Agricultural Land Act which provided for the restitution of “collectivised” agricultural land. The former owners, or their heirs, could request the restoration of their right under certain conditions (see paragraphs 34 and 35 below). 14. On unspecified dates the applicants requested the restitution of several plots of land. 15. By decision of 19 February 1993, the local agricultural land commission partially refused the applicants' requests. The refusal concerned, inter alia, plots covering 14 ha in the Okusha area, adjacent to the Dospat reservoir, in the vicinity of Sarnitza, which are the object of the present case, as delimited by the applicants' complaints and the Court's admissibility decision in the present case. 16. Upon the applicants' appeal against the land commission's decision, on 29 June 1995 the Velingrad District Court set aside the commission's decision and restored the applicants' title on part of the plots of land claimed, including those covering 14 ha in the Okusha area. On the basis of documentary evidence and testimony of witnesses, the court found that in the 1940s and at the time of the collectivisation Mrs Fatma Bozova had been the owner, by virtue of acquisitive prescription, of a part of the land claimed, and that the conditions for restitution under the 1991 Agricultural Land Act had been met in respect of that part of the land. The agricultural land commission, the respondent in these proceedings, was summoned but did not take part. 17. On an unspecified date the Chief Public Prosecutor instituted review (cassation) proceedings before the Supreme Court against the District Court's judgment. At the relevant time and until 1998 the Chief Public Prosecutor could institute review (cassation) proceedings under former Article 225 of the Code of Criminal Procedure, thus intervening in a civil dispute. 18. The Supreme Court examined the case on the merits and by judgment of 20 September 1996 upheld the District Court's judgment. The Supreme Court dismissed the prosecutor's arguments that the property rights of Mrs Fatma Bozova, whom the applicants inherited, had not been proven, that the land in question was not agricultural, could not be restored under the Agricultural Land Act and had therefore remained State property. In particular, the Supreme Court found that even if part of the land may have been forested after the collectivisation, that was not an obstacle to restitution under the Act, only protected forests being excluded from restitution. 19. In compliance with these judgments, on 3 February 1997 the local agricultural land commission ordered the restitution of the applicants' land to them. On 4 April 1997 they formally entered into possession thereof. On 20 August 1997 they obtained a notary deed. 20. In 1997 the local forest authority brought an action for rei vindicatio against the applicants, claiming that they had unlawfully entered into possession of State forest land. The claim concerned plots covering 25.6 ha, including the plots of 14 ha in the Okusha area relevant in the present case. 21. On 30 April 1998 the Velingrad District Court found that the disputed land had remained state owned and ordered the applicants to vacate it. To reach that conclusion, the District Court re-examined one of the issues determined in the 1995 and 1996 proceedings and found that the applicants' ancestor had not been the owner of the disputed land at the time of the collectivisation. Therefore, they were not entitled to restitution under the Agricultural Land Act. Addressing the applicants' objection that that issue was a res judicata, the court stated that under Article 220 § 1 of the Code of Civil Procedure third persons who had not been parties to previous judicial proceedings were not bound by the res judicata effect of final judgments delivered in such proceedings. The forest authority had not been a party to the 1995 and 1996 proceedings. 22. The applicants appealed. On 28 November 1999 the Regional Court set aside the judgment of 30 April 1998 and dismissed the rei vindicatio claim. The court found that the plaintiff, the local forest authority, had not established that the disputed land was state owned. That finding was based on a fresh examination of the relevant facts and evidence and not on the res judicata effect of the 1995 and 1996 judgments. 23. The forest authority filed an appeal on points of law to the Supreme Court of Cassation. 24. On 10 October 2000 the Supreme Court of Cassation set aside the Regional Court's judgment of 28 November 1999 and granted the rei vindicatio claim, ordering the applicants to vacate the land. 25. The Supreme Court of Cassation stated that the 1995 and 1996 judgments had been pronounced in proceedings which were administrative by their nature and that therefore the plaintiff in the rei vindicatio proceedings was not bound by them. Furthermore, in the 1995 and 1996 proceedings the applicants had been trying to prove that their ancestor, Mrs Fatma Bozova, had been the owner of the disputed land at the time of the collectivisation on the basis of declarations made before a notary and statements of witnesses. Re‑examining that question, the Supreme Court of Cassation found that the ownership rights of Ms Fatma Bozova had not been established. Also, it was not true that the disputed land was agricultural and that the conditions for restitution under the Agricultural Land Act had been met. The Supreme Court of Cassation further found that the disputed land belonged to the State. The forest authority had acted on its behalf. 26. On 30 July 2002, an enforcement judge effected the forest authority's entry into possession of the disputed land, including the plots of 14 ha in the Okusha area. 27. In the period January - September 1997 the local forest authority fined two or more of the applicants, including Mr Aliosman Kehaya (application no. 47797/99) and Ms Gulfeze Osmandjikova (application no. 68698/01) on the basis that they had “unlawfully used land for pasture”, “built a cattle-pen on state forest land” and “constructed a hut without a building permit”. Mr Mustafa Kestendjiev, the son of one of the applicants in application no. 68698/01 (Mrs Aishe Kestendjieva), was also fined. The amounts of the fines varied between 5,000 and 50,000 old Bulgarian levs (BGL) (BGL 5,000 being the equivalent of approximately EUR 2.5). 28. Mr Kestendjiev was fined by order no. 264 of 5 September 1997. On appeal the Velingrad District Court upheld the fine on an unspecified date. On 28 September 1999 the Pazardjik Regional Court quashed the lower court's judgment and set aside the fine, considering that it had been imposed in breach of the law. Mr Kestendjiev allegedly tried unsuccessfully to obtain reimbursement of the fine. 29. Mr Aliosman Kehaya was also fined and complained to the local prosecutor. In February and March 1998 the prosecutor, acting in accordance with her powers to request review (cassation) of judicial and administrative decisions, instituted such proceedings before the Pazardjik Regional Court in respect of three separate fines imposed on Mr Kehaya (nos. 190, 197 and 223 of 1997). The prosecutor stated, inter alia, that the forest authority had acted in breach of the law, as they had been aware that the applicants had become the owners of the land they were using. 30. By two final judgments of the Regional Court of 20 March 1998 two of the fines (nos. 197 and 223 of 1997) were upheld, as there was insufficient proof that the land for the use of which the Mr Kehaya had been fined was the same as that which had been restored to the applicants. The court considered that it was for the appellant (the prosecutor) to prove that fact. 31. Mr Kehaya was not summoned to these proceedings. Copies of the judgments were not served on him. On 9 August 1999 he was invited by the fiscal authorities to pay the fines. Thereupon, on 28 September 1999 he obtained copies of the judgments. 32. In respect of the third fine against Mr Aliosman Kehaya (no. 190 of 1997), it is unclear whether a judicial decision was taken on the prosecutor's appeal. 33. On 24 May 2000 the applicants reported to the police that their hut had been set on fire.

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8. The applicant was born in 1936 and lives in Bidnija (Malta). 9. The applicant is a well-known businessman in Malta. On 29 December 1963 he married a Maltese national, X, in a Catholic ceremony. In 1966 X became pregnant; at that time she was still living together with the applicant, who was aware of the pregnancy. In March 1967 the applicant and X separated and stopped living together. On 4 July 1967 X gave birth to a child, Y. 10. The applicant states that he had had doubts regarding the paternity of Y and wanted to carry out a blood test, although such a test would not have been conclusive under Maltese law, which did not allow him to institute an action to rebut the legal presumption that he was Y’s father. He was registered as the natural father of the child. 11. A few months after Y’s birth, X refused to carry out the blood test. This behaviour intensified the applicant’s suspicions regarding the child’s paternity. He alleged that he distanced himself completely from Y and, although legally obliged to pay maintenance for her until she reached the age of majority, he had no relationship with her. This is disputed by Y (see “D. The statements by Y and by the applicant” below). 12. The applicant legally separated from X on 2 March 1968 by means of a contract of voluntary separation. Subsequently the marriage was annulled by a decree of the Court of Appeal of the Vicariate of the City of Rome on 24 April 1972. 13. According to the applicant’s version of events, on an unspecified date after 1993 Y contacted him and volunteered to undergo a blood test. Scientific examinations were carried out in Switzerland and concluded that the applicant was not Y’s biological father. However, in a written statement attached to the Government’s observations on the merits, Y declared that the DNA test had been carried out in 1990 and not in 1993. She further stated that the results of this test had never been shown to her. 14. On 1 November 1996 the applicant lodged an application with the Civil Court (First Hall), seeking a declaration that notwithstanding the provisions of the Maltese Civil Code, he had a right to proceed with an action for disavowal of paternity. 15. The applicant alleged that the right to respect for his private and family life included the right to have family relationships governed by biological certainty and not by a legal presumption conflicting with the reality of the facts. He considered that the lack of any remedy in that respect violated Article 8 of the Convention, as interpreted by the Court in the case of Kroon and Others v. the Netherlands (judgment of 27 October 1994, Series A no. 297-C). 16. In submissions filed with the Civil Court the applicant also invoked Articles 6 and 14 of the Convention, alleging a potential violation of his right of access to a court and his right not to be discriminated against vis-à-vis the mother of the child, the child herself or any third parties who, unlike the betrayed husband, were free to deny legitimacy without being subject to any time-limit. 17. In a judgment of 30 May 1997 the Civil Court allowed the applicant’s application. It observed that Articles 70 and 73 of the Civil Code had never allowed him to adduce scientific and genetic evidence to prove that the child borne by his former wife was not in fact his daughter. Therefore, there had been a violation of Article 8 of the Convention. 18. The Civil Court considered that the status of father was intimately linked with private life. Therefore, laws establishing how ties of filiation could be created and dissolved could interfere with the right guaranteed by Article 8 of the Convention. It furthermore observed that national law had never allowed the applicant to adduce scientific evidence in order for the family relationship in question to be governed by biological certainty and not by a legal presumption. In fact, under Article 70 of the Civil Code, as in force at the relevant time, the father could only repudiate paternity on the grounds either of physical impossibility of cohabitation or of legal separation during the possible period of conception. Moreover, the husband could not repudiate a child on the ground of adultery, except where the birth had been concealed from him. As the applicant had been cohabiting with X at the time of Y’s conception and had been aware of her birth, no action for disavowal could have been brought within the period of three months from the date of the birth as set forth in the relevant domestic provisions. It was true that the Civil Code had been amended in 1993, and that under the new Article 70 § 1 (d), the husband was also allowed to repudiate a child on the ground of adultery subject to the production of further evidence, including genetic tests, ruling out his paternity of the child. However, under Article 73 of the Civil Code, such an action should have been brought within six months from the date of the birth, and by 1993 that period had already expired. 19. In the Civil Court’s view, such interference could not be justified in terms of paragraph 2 of Article 8 of the Convention. It emphasised that in the case of Kroon and Others v. the Netherlands the European Court had stated that respect for family life required that biological and social reality should prevail over a legal presumption. This finding dispensed the Civil Court from ascertaining whether the other rights relied on by the applicant had also been infringed. 20. The Attorney General appealed against the judgment of 30 May 1997 to the Constitutional Court. A third-party appeal was also lodged by Y. 21. In a judgment of 15 January 2002 the Constitutional Court allowed the appeals by the Attorney General and Y and set aside the impugned judgment. 22. It observed that even before the 1993 amendments the Civil Code had not precluded the taking of genetic and scientific tests to establish whether a person was the father of a child or not. In fact, Article 73 of the Code simply provided that adultery alone was an insufficient basis for bringing an action to repudiate paternity, the presence of another element being necessary, namely that the birth had been concealed from the person legally designated as the father. Only after this circumstance had been established could the “father” produce other evidence, including scientific material. The reason for this limitation of the husband’s right to proceed with an action for repudiation had been the stand in favour of the status of legitimacy, summed up by the presumption “pater is est quem iustae nuptiae demonstrant”. The ratio legis remained the same even after the 1993 amendments, which allowed the husband to repudiate the child on the basis of adultery and scientific tests even if the birth had not been concealed from him (Article 70 § 1 (d) of the Civil Code). In any case, scientific tests alone merely constituted evidence corroborating other elements, and they had never been sufficient and decisive to disavow paternity, the husband being obliged to prove the adultery or the concealment of the birth. 23. The Constitutional Court noted that the applicant was in reality claiming a right to determine paternity uniquely on the basis of biological certainty resulting from scientific proof, independently of any other requirement imposed by the legislator and without any time-limit. It was true that scientific tests, whose results were apparently ascertainable and accessible, could be the most conclusive; however, in the Constitutional Court’s view, this was not a good reason to exclude certainty reached by means of other evidence. 24. The Constitutional Court examined whether the domestic law had struck a fair balance between the husband’s right to know whether or not he was the child’s father and the interests of the child in enjoying certainty as to his or her legal status. It considered that according to today’s social trends, the aim of the interference complained of was the protection of children in the enjoyment of their family ties rather than the protection of the status of legitimacy. The issue raised by the applicant concerned a conflict between factual reality and legal certainty, a matter which was the subject of debate in many other countries. The Constitutional Court noted that the Kroon and Others judgment did not deny a margin of appreciation to the State authorities and that the European Court had not made a statement on the conformity of the provisions of Dutch law with the Convention, preferring to rule solely on the particular circumstances of the case before it. The contested judgment had simply followed the position taken in the Kroon and Others judgment, the facts of which, however, were completely different from those of the present case, in which both X and Y disagreed with the action taken by the applicant and the “social reality” enjoyed by Y corresponded to her birth certificate. 25. The Constitutional Court moreover pointed out that in the case of Rasmussen v. Denmark (judgment of 28 November 1984, Series A no. 87) the Court had considered that the introduction of time-limits for the institution of paternity proceedings was justified by the desire to ensure legal certainty and to protect the interests of the child, and had consequently found no violation of Article 8 of the Convention. That approach had subsequently been confirmed by the European Commission of Human Rights in the cases of B.H. v. Austria (application no. 19345/92, decision of 14 October 1992) and M.B. v. the United Kingdom, concerning the refusal to order a blood test (application no. 22920/93, decision of 6 April 1994), as well as by the Court in the case of Yildirim v. Austria ((dec.), no. 34308/96, 19 October 1999). 26. In the light of the above, the Constitutional Court considered that the interest in having biological and social reality prevail over legal presumptions should be balanced against equally valid principles and values, such as the interests of the offspring, the identity of the family nucleus and the stability of society. This vindicated the right of the State to impose, within its margin of appreciation, certain limits on the use of an action to deny paternity, which the Constitutional Court could review only if they amounted to serious interference with the husband’s fundamental rights. 27. The Constitutional Court finally observed that the ideal situation was one in which legal certainty corresponded to factual reality. It therefore suggested that the domestic provisions be constantly kept under the legislator’s scrutiny to be refined and updated as and when necessary, taking into account developments in science, changes in the family and social trends. 28. Attached to their observations on the merits, the Government produced a statement by Y, in which she declared that she had used the applicant’s name for thirty-seven years and would like to continue to do so for the rest of her life. Y also stated that the applicant used to visit her during the first year of her life; he had provided maintenance for her upbringing and had paid a sum for her wedding expenses. Y had been invited several times to parties at the applicant’s house and on one occasion she had been asked to go upstairs to greet the applicant’s father. On another occasion, Y had played tennis with the applicant at his private house in Bidnija. At some point between 1990 and 1996 the applicant had invited Y and her son to spend a day at his house by the pool. On that occasion, he had given her son a present. 29. Y declared that she had undergone the blood test in March 1990 at the applicant’s request. At that time she had had no doubt that the applicant was her father. Her intentions were based on purely emotional factors and not on financial considerations. Y alleged that she did not believe the applicant’s statement that she was not his daughter and added that she had never been shown the results of the DNA test. She felt that the applicant was simply trying to find some justification for the fact that he had not always treated her like a daughter. The reasons behind the applicant’s legal actions were probably of a merely financial nature. The allegations made in court had caused Y further suffering. 30. In response to Y’s arguments, the applicant produced a written statement in which he declared that, having suspected that his wife was having affairs during their marriage, he had not been happy when he had been informed that X was pregnant. The applicant had separated from X several months before Y’s birth and had been informed of the birth a few weeks after it had happened. The applicant had not wanted to sign the declaration of birth and had delayed the matter for months. He had eventually been incorrectly led to believe that as the presumed father, he was the only person who could declare the birth; moreover, pressure had been put on him by X and her father, who had promised that a blood test would be carried out. The applicant had asked whether the blood test could be included as a condition in the contract of separation, but he had abandoned that idea in order not to damage X’s reputation. Four months after the signature of the contract of separation, the applicant had been informed that X had changed her mind as to the blood test. He had therefore declared that he would not regard Y as his own daughter. 31. The applicant had included access rights in the separation contract and had actually visited Y during the first year of her life because he had not been sure about the results of the blood test. However, he had stopped the visits when it became clear that the blood test would not be carried out and he had never used his right to take Y to his home. The applicant had not seen Y again until she was about twenty years old, when a friend of his had brought her to one of his parties without informing him beforehand. There had been around one hundred guests at the party. The applicant had not recognised Y on that occasion. She had come to parties organised by the applicant three or four more times, always as an uninvited guest. The applicant did not remember whether he had invited her to greet his father, but pointed out that it had been common for his guests to visit his father, who was living with him. 32. The applicant submitted that he had shown the results of the blood tests to Y; however, he had kept the documents for himself. He would have given her a copy had she so requested. 33. On one occasion, “as a matter of courtesy”, the applicant had invited Y for lunch. Y had asked whether she could bring her son and the applicant had replied that that was possible. On that occasion, the applicant and Y had discussed Y’s real father’s identity. 34. The applicant had not seen Y again after this lunch. She had never been treated as a granddaughter by the applicant’s parents and the members of the applicant’s family had not had any direct contact with her. She had never attended family parties or family funerals and had not been given the applicant’s deceased mother’s jewellery (as would be customary in Malta if she were the applicant’s daughter). The applicant had never felt like a father to Y and could not see how she could have felt like a daughter to him. They had seen each other a few times in nearly thirty years and always in the company of third persons. Y had never called the applicant “dad”. 35. The applicant submitted that he had included maintenance for Y in the contract of separation because he was in any case obliged to pay for it. The applicant had also felt obliged to contribute to Y’s marriage expenses, but had not been invited to the wedding.

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6. On 16 September 1971 Sweden and Finland concluded the Frontier Rivers Agreement (“the Agreement”) under which an inter-State body, the Finnish-Swedish Frontier Rivers Commission (finsk-svenska gränsälvskommissionen – “the Commission”), was established in order to oversee implementation of the Agreement with respect to certain matters, including fishing, in the frontier area between the two countries covering, inter alia, the Torne River in the coastal area of Haparanda. The Agreement was incorporated into Swedish national law by means of the Law of 1971 concerning the Frontier Rivers Agreement of 16 September 1971 between Sweden and Finland (lag 1971:850 med anledning av gränsälvsöverenskommelsen den 16 september 1971 mellan Sverige och Finland). To the extent that the Agreement did not include specific provisions, the relevant national law in force within each of the States was to apply (Chapter 1, Article 8). 7. In 1997 the Swedish government issued an ordinance concerning fishing in the Torne River Fishing Area (förordning FIFS 1997:12 om fisket i Torne älvs fiskeområde), according to which the fishing of salmon and trout within the frontier area was prohibited between 1 May and 5 July each year, as was fishing with stationary equipment (fasta redskap) for other fish. Under Article 22 of the Statute on fishing in the Torne River Fishing Area (Stadgan för fisket i Torne älvs fiskeområde, Appendix B to the Agreement), the Commission was, subject to certain conditions, authorised by the government to grant exemptions from the above prohibition for persons holding private fishing rights in the area. 8. For the 1999 season the applicants, who held private fishing rights in the Torne River Fishing Area, requested the Commission to grant them an exemption from the above prohibitions. On 31 May 1999 the Commission granted the eight professional fishermen authorisation to catch fish, other than trout and salmon, with stationary equipment, but rejected the remainder of the request. 9. According to Chapter 8, Article 17, of the Agreement, no appeal lay against the Commission's decision on a request for exemption, which came into force immediately. 10. Notwithstanding the above, the applicants appealed to the National Fishery Board (Fiskeriverket) and to the Environmental Court of Appeal (Miljööverdomstolen), both of which found, by decisions of 9 July 1999 and 5 October 2000 respectively, that they did not have jurisdiction to deal with the matter. Concurrently with this, the applicants also appealed to the County Administrative Court (länsrätten) of northern Sweden. That court referred the appeal to the Commission but, on 17 May 2000, the latter remitted the appeal to the County Administrative Court without taking any measures. On 17 April 2001 the County Administrative Court dismissed the appeal on the following grounds. Reiterating the reasoning of the Environmental Court of Appeal, the County Administrative Court agreed that the determination of the applicants' right to dispensation was covered by Article 6 of the Convention and that they therefore had a right of access to a tribunal. The Commission, however, could not be regarded as a tribunal. The County Administrative Court concluded that it was not empowered to review an appeal against the Commission's decision. It stated, inter alia, that: “The County Administrative Court notes that the Finnish-Swedish Frontier Rivers Commission is a special inter-State body which, in the County Administrative Court's opinion, cannot be equated with the County Administrative Board or the National Fishery Board. Thus, the County Administrative Court considers that the national rules concerning possible appeals against decisions by the County Administrative Board or the National Fishery Board do not empower the County Administrative Court to consider the appeal against the decision of the Finnish-Swedish Frontier Rivers Commission.” 11. The applicants appealed against the decision before the Administrative Court of Appeal (kammarrätten) of Sundsvall which, on 19 December 2002, dismissed the appeal. While it agreed that the applicants had the right to have their complaint examined by an impartial and independent tribunal and that the Commission did not fulfil this requirement, the court found that – as long as the Agreement was in force and in the absence of an appropriate agreement between Finland and Sweden – no Swedish court could be considered competent to examine the applicants' complaint. The applicants appealed to the Supreme Administrative Court which, to the Court's knowledge, has not yet delivered its decision.

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4. The applicant was born in 1946 and lives in the town of Dniprodzerzhynsk. 5. In 2000 the applicant instituted proceedings in the Bagaliyskyy District Court of Dniprodzerzhynsk (the “Bagaliyskyy Court”) against the Bagaliyskyy Municipal Housing Enterprise, seeking the recovery of salary arrears. 6. On 18 December 2000 the court found for the applicant and ordered the entity to pay him UAH 2543.49 (around 421 euros – “EUR”). 7. On 23 December 2000 the Bagaliyskyy District Bailiffs’ Service of Dniprodzerzhynsk instituted enforcement proceedings. 8. On 18 June 2002 the Bailiffs’ Service informed the applicant that the judgment was not enforced due to the large number of enforcement proceedings against the debtor and its lack of funds. 9. On 6 June 2002 the Bailiffs’ Service applied to the Bagaliyskyy Court to have the debtor in the enforcement proceedings replaced, as the latter’s property had been transferred to the Dniprodzerzhynsk Housing Municipal Enterprise (the “DHME”) pursuant to the decision of the Dniprodzerzhynsk Town Council. 10. On 17 June 2002 the court granted the request of the Bailiffs’ Service and ruled that the DHME was responsible for the payment of the judgment debt of 18 December 2000 to the applicant. 11. On 29 September 2004 the DHME transferred the amount of the award to the deposit account of the Bailiffs’ Service. 12. On 30 September 2004 the Bailiffs’ Service requested the applicant to provide them with his bank account details in order that they transfer the amount of the award. 13. According to the Government, the applicant failed to provide the Bailiffs with the information requested. 14. The applicant did not contest this submission.

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9. The applicant was born in 1956 in Algeria, where he currently lives. 10. The applicant arrived in France with his parents in 1960. He has six brothers and sisters, all of whom were born in France and have French nationality. 11. On 13 April 1982 he was convicted of burglary and handling stolen goods by the Lyons Criminal Court. He was given an eight-month suspended prison sentence and was ordered to pay a fine of 1,200 French francs (FRF). 12. On 24 April 1984 he was sentenced by the Lyons tribunal de grande instance to six months' imprisonment for burglary. The court also activated the suspended sentence he had been given previously. On 28 June 1984 the Lyons Court of Appeal upheld the activation of the suspended sentence, which was the only point on which the applicant had appealed. 13. On 6 December 1988 the Lyons tribunal de grande instance sentenced the applicant to fourteen months' imprisonment and ordered his permanent exclusion from French territory for offences under the legislation on dangerous drugs. 14. On 15 April 1989 the applicant married a French national. The marriage was dissolved on 28 January 1993. He has one daughter, who was born in 1983. 15. On 27 April 1989 the Lyons Court of Appeal raised the sentence to four years' imprisonment and upheld the permanent exclusion order for offences under the legislation on dangerous drugs. It noted in particular that the applicant had been arrested on his arrival at the home of a drug-addicted prostitute and had been in possession of a small bag containing 100 grams of heroin, which the police laboratory described as being “of good quality”. The court moreover considered that the applicant could not have been unaware that he had been acting as intermediary between a supplier and his principal client and accordingly that he had possessed, transported and dealt in heroin. It concluded that his role in such deals had been confirmed by the discovery at his home of precision scales and lactose. The Court of Appeal further found that, at the material time, the applicant had been on day release from prison and that he had preferred to act as intermediary between a drug supplier and his clients rather than doing a job that he had abandoned for the past month. It held that “the conduct of this foreign national, who present[ed] a risk to public safety and health, [was] incompatible with his continued presence in France”. 16. On 7 June 1990 the Court of Cassation declared that his right to appeal on points of law was forfeit. 17. On 22 October 1992 the Lyons Criminal Court tried fifteen individuals on drugs offences. It noted that during a search of the applicant's home investigators had found four small transparent plastic bags containing traces of white powder, a book of matches on which a number of accounts were noted, twenty syringes and a spoon with a blackened underside, two forged identity cards and a forged driving licence. On the basis of various statements, including that of the applicant's wife, and the results of telephone tapping and shadowing, the court concluded that the applicant had played a key role as a supplier in the drug trafficking. The court ordered the applicant to serve prison sentences of six years for the drugs offence, three months for forgery of administrative documents and two months for residing in France in breach of an exclusion order. 18. In 1994 the applicant was diagnosed as suffering from active chronic hepatitis. 19. In a judgment of 6 June 1996, the Lyons Court of Appeal dismissed an application by the applicant for the lifting of the exclusion order. It noted that the applicant had had five convictions between 13 April 1982 and 22 October 1992, with prison sentences ranging from two months to six years, and that the offences of which he had been convicted on 27 April 1989 concerned heroin deliveries, including one of 100 grams of very high-quality heroin, and had been committed while he was on day release from prison. The court also found that the authenticity of the applicant's marriage to a French national had not been confirmed by the slightest evidence, and that the order for his removal did not constitute a disproportionate interference with his rights under Article 8 of the Convention. 20. On 8 December 1997 the Minister of the Interior issued a deportation order in respect of the applicant. An appeal by the applicant to the Lyons Administrative Court was dismissed on 16 December 1998. 21. On 9 August 1999 the applicant was released from prison and taken into administrative detention pending his removal from France. 22. On 11 August 1999 the prefect ordered the applicant's removal to Algeria. 23. On 13 August 1999 the applicant lodged an application with the Administrative Court seeking the annulment and stay of execution of that order, together with a request for its immediate suspension. 24. On 16 August 1999 the Administrative Court dismissed the request for immediate suspension, finding that “it is not apparent from the evidence, and in particular from the medical certificate produced by [the applicant], that his state of health entails a short-term imperative need for the treatment of hepatitis C with two associated drugs that are not currently available in Algeria; accordingly, [the applicant] is not justified in seeking the suspension of execution of the decision taken by the prefect of the département of Isère ordering his removal to that country”. 25. On 16 August 1999 the applicant applied for asylum, which was denied on 18 August 1999 by the OFPRA (French authority for the protection of refugees and stateless persons) on the ground that “his application, which was not lodged in a timely manner, [did] not contain any established or individual elements to substantiate the merits of his fears of persecution by the current Algerian authorities”. 26. A doctor serving as a public-health inspector for the health and social services department for the département of Rhône sent two letters to the prefect of the Rhône-Alpes region on 13 and 18 August 1999. In the first of those letters the doctor stated, inter alia: “I observe that Mr Aoulmi has not produced any medical documents subsequent to January 1998, that he has not asked to see a doctor since his arrival at the detention centre and that he is not currently undergoing any treatment. I am thus entitled to consider that his current state of health is of no immediate cause for concern. The medical certificate mentions that Mr Aoulmi's state of health may justify treatment involving a combination of interferon and ribavirin; ... I have contacted the laboratory ... which produces ribavirin. According to the information I received, ribavirin is not yet available on the Algerian market. The drug may be imported with the authorisation of the Algerian Ministry of Health further to a request by the central pharmacy of Algiers Hospital. A procedure has been initiated with a view to exporting the molecule to Algeria. ...” 27. In his second letter the doctor indicated: “I refer to the second medical certificate that you sent to me, for my opinion, concerning the state of health of Mr Rachid Aoulmi, issued by Lyon-Sud Hospital on 13 July 1999. Supplementing the previous certificate that you brought to my attention, this second certificate confirms that Mr Rachid Aoulmi's medical condition may be treated with a combination of interferon and ribavirin. The indications on the certificate concerning the availability of ribavirin in Algeria do not correspond to those given to me verbally by the laboratory ... I should point out that ribavirin is available in France under temporary authorisation (ATU – autorisation temporaire d'utilisation) for use in hospital pharmacies alone and that the marketing authorisation (AMM – autorisation de mise sur le marché) is to be issued shortly.” 28. On 19 August 1999 the applicant was put on a boat for Algeria. 29. On 13 December 2000 the Lyons Administrative Court set aside the prefect's removal order of 11 August 1999, holding as follows: “It is apparent from the evidence and in particular from the medical certificate issued by the prison hospital and health-care service on 13 July 1999, as produced by the applicant, that he suffers from hepatitis C. His state of health is such that he requires imperative treatment with two associated drugs, interferon and ribavirin, which were not available in Algeria on the date of the impugned decision. Accordingly, having regard to the exceptionally serious consequences that the measure taken against him may entail, the decision by the prefect of the département of Isère whereby Algeria was designated as the country to which Mr Aoulmi was to be removed in execution of the deportation order issued against him on 10 April 1988 must be set aside.” That judgment was irrevocable. 30. On 17 June 2003 the applicant's lawyer indicated that his client had encountered difficulties in obtaining a passport. The lawyer enclosed with his letter an attestation to that effect issued on 5 February 2003 by the chief of Bejaia district. 31. On 13 October 2003 the applicant's lawyer explained that his client could not return to France because the Algerian authorities would not issue him with a passport and he could not obtain a laissez-passer from the French authorities. He added that, according to the information he had received through the applicant's family, his health was continuing to decline and he had not been receiving the necessary medical treatment. 32. In a letter of 5 November 2003 he provided the Court with a copy of the visa refusal issued by the French Consulate-General in Algiers on 13 October 2003. 33. According to a medical certificate issued by an Algerian doctor on 31 July 2005, the applicant is suffering from the following complaints: “ulcer-related condition, only treatable with omeprazole, erythematous gastropathy, intestinal functional disorder and chronic constipation, chronic viral hepatitis type C, for which interferon was prescribed in France some ten years ago and which has not been treated or checked for about ten years.” 34. On 11 August 1999 the President of the Third Section decided to indicate to the Government, pursuant to Rule 39 of the Rules of Court, that it was desirable in the interests of the parties and the proper conduct of the proceedings before the Court not to expel the applicant to Algeria prior to the forthcoming meeting of the appropriate Chamber on 24 August 1999. Under Rule 49 § 2 (a) the Government were also requested to submit information, in particular concerning treatment available in Algeria. 35. The competent authorities decided to stay the execution of the removal until 16 August 1999 in order to obtain an expert medical opinion (see paragraph 27 above). 36. On 19 August 1999 the applicant was removed to Algeria. 37. On 20 August 1999 the Government submitted answers to the questions put to them. 38. The applicant's representative submitted his answers on 24 September 1999. 39. On 9 November 1999 the Court decided to request the Government to submit their observations on the admissibility and merits of the application, and on the fact that the applicant had been expelled notwithstanding the application of Rule 39. 40. The Government submitted their observations on 3 February 2000 and those of the applicant's representative were submitted on 23 March 2000. 41. On 9 September 2003 the Court decided to adjourn its examination of the case pending the Grand Chamber judgment in Mamatkulov and Askarov v. Turkey ([GC], nos. 46827/99 and 46951/99, ECHR 2005‑I). 42. On 10 May 2005 the Court requested the parties to provide information about the applicant's state of health, his administrative situation, and any action taken further to the Administrative Court's judgment of 13 December 2000. They were also requested to address once again the possibility of a breach of Article 34 of the Convention, in the light of the Mamatkulov and Askarov judgment (cited above), which had been delivered on 4 February 2005. 43. The parties submitted their observations on 26 September 2005.

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4. The applicant was born in 1956 and lives in the town of Kramatorsk, Ukraine. 5. In February 2002 the applicant instituted proceedings in the Kramatorsk Town Court against the Joint Stock Company “Konstantinovskyi Metzavod” – a State-owned enterprise – seeking recovery of salary arrears and compensation. On 18 June 2002 the court awarded the applicant UAH 4,937.86 (around EUR 815) in salary arrears and other payments. 6. On 15 August 2002 the applicant lodged with the Kostyantynivka Town Bailiffs’ Service a writ of execution for the judgment of 18 June 2002. On the same date the Bailiffs’ Service instituted the enforcement proceedings. 7. On 31 October 2002 the Bailiffs’ Service informed the applicant that the judgment of 18 June 2002 could not be enforced due to the large number of enforcement proceedings against the debtor and the fact that the procedure for the forced sale of assets belonging to the debtor had been suspended because of the moratorium on the forced sale of property belonging to State enterprises introduced by the Law of 29 November 2001. 8. The judgment of 18 June 2002 remains unenforced. 9. On 23 October 2002 the same court ordered the State Company “Domnaremont” to pay the applicant UAH 5,626.05 (around EUR 925) in salary arrears. 10. The applicant did not apply to the Bailiffs’ Service for the execution of the judgment. It remains unenforced.

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8. In 1938 the applicant married an Austrian national of Ukrainian origin who had entered Sweden that same year. Five children were born of the marriage. The family lived in Fagersta, where the applicant’s husband worked as a sales manager until his death on 11 May 1963. His ashes were buried in a family grave at a cemetery in Fagersta. The grave has room for at least eight other urns. The contract on the burial plot is to expire on 31 December 2019, but will automatically be renewed for twenty-five years when a new burial takes place there. Moreover, the person in possession of the right to the burial plot when the contract is about to expire is entitled to renew it. 9. In 1980 the applicant moved to Västerås to be closer to her children. The distance between Fagersta and Västerås is 70 kilometres. 10. On 15 August 1996 the applicant requested the cemetery authorities (Västanfors-Västervåla Kyrkogårdsförvaltning) to allow the transfer of her husband’s urn to her family burial plot in Stockholm, which had been established in 1945 and had room for thirty-two urns. The applicant’s parents were buried there and the applicant intended to be buried there after her death. Stockholm is situated 180 kilometres from Fagersta. The applicant submitted in addition that she had no connection to Fagersta any more, that all her children agreed to the removal and that she was sure her husband would not have objected to the transfer. 11. By a decision of 16 September 1996, her request was refused by the authorities in deference to the notion of “a peaceful rest” under the Funeral Act (Begravningslagen, 1990:1144). 12. On appeal, the County Administrative Board in Västmanland (Länsstyrelsen i Västmanlands Län) upheld the refusal. 13. The applicant appealed to the County Administrative Court in Västmanland (Länsrätten i Västmanlands Län) which, by a decision of 5 September 1997, found against her. It stated as follows: “Pursuant to Chapter 1, section 6, of the Funeral Act, remains or ashes which have been buried in a cemetery may not be removed from a burial plot in order to be buried in another burial plot. However, permission may be granted if there are special reasons therefor and the place to which the remains or ashes are to be removed has been determined. According to the explanatory notes to the Act (Prop. 1990/91:10, pp. 35-37), the decision on a request for the removal of remains or ashes shall be restrictive, having regard to the deceased’s right to a peaceful rest. Determination [of such a request] should be guided by the wishes expressed by the deceased whilst alive. As a general rule, it must be assumed that such a wish, if expressed, was taken into account when the burial took place. The paramount condition for allowing a transfer is obviously that it would not contravene the wishes expressed by the deceased when alive. Moreover, some connection between the deceased and the intended destination would usually be required. In the present case [the applicant’s husband] worked as a sales manager at the Fagersta factory until 1958. He died on 11 May 1963, and the urn containing his ashes was placed in grave no. 208/017, quarter no. 208, in Västerfors. [The applicant’s husband] came from Ukraine and had a Catholic Church tradition. It appears that he did not express any wishes about his burial when he was alive. The County Administrative Court makes the following assessment: Making an overall assessment, the County Administrative Court finds that [the applicant’s husband] did not have a closer natural connection to Stockholm than he had to Fagersta. No other reasons have been submitted which could justify the disturbance of the peace of the grave after thirty-four years.” 14. The applicant’s request for leave to appeal was refused by the Administrative Court of Appeal in Stockholm (Kammarrätten i Stockholm) on 29 October 1997, and by the Supreme Administrative Court (Regeringsrätten) on 22 February 2000. 15. The applicant died on 21 February 2003. In accordance with her wishes, she was buried in her family burial plot in Stockholm.

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4. Mr Sergey Vodopyanov (hereafter “the first applicant”) and Mrs Alyena Vodopyanova (hereafter “the second applicant”), are husband and wife, who were born in 1964 and 1971 respectively and live in Ingulskoye, the Kirovograd region. 5. In August 1998, the first applicant (a former Deputy Chief of the Ustinovskaya Prison no. 37 – Устіновська виправна колонія № 37 – hereafter “the UP”) was dismissed from the Ministry of Interior. Upon retirement, the applicant was entitled to the reimbursement of his food ration expenses. As this compensation remained unpaid for two years, the first applicant instituted proceedings in the Ustinovska City Court (hereafter “the City Court”) against the UP, seeking recovery of the debt and compensation for the delay in payment of his salary. 6. On 1 August 2000 the court awarded the first applicant UAH 594[1] for the food ration debt, whilst rejecting the other claims. On 14 August 2000 the Ustinovska City Bailiffs’ Service (hereafter “the Bailiffs’ Service”) instituted enforcement proceedings in respect of this judgment. 7. On 26 March 2001 the Kirovograd Regional Department of Justice informed the first applicant that the judgment in his favour could not be immediately executed due to the lack of funds in the debtor’s account. 8. On 18 September 2003 the execution proceedings were terminated on the ground that the award had been fully paid to the first applicant. However, the subsequent inquiry by the higher Bailiffs’ authority revealed that, due to the mistake of the UP’s accountant, the applicant had been underpaid UAH 50[2]. The enforcement proceedings were reopened and on 3 February 2005 the remaining amount was transferred from the UP to the Bailiffs’ Service. On 18 February 2005 the first applicant was notified about the availability of this money and requested to provide his banking details. On 27 May 2005 the Bailiffs’ Service, having received no reply from the first applicant, sent him a postal money order, which has been collected by the applicant. On 31 May 2005 the proceedings were terminated as the judgment of 1 August 2000 had been enforced in full. 9. In October 2000 the second applicant retired from the position as a kitchen worker at the UP. Immediately upon the retirement she instituted proceedings against the UP, claiming salary arrears. On 13 February 2001 the Ustinovska City Court awarded the second applicant UAH 3,864[3]. On the same date the Bailiffs’ Service instituted enforcement proceedings in respect of this judgment. 10. On 15 March 2002 the Kirovograd Regional Department of Justice informed the second applicant that the judgment in her favour could not be immediately executed due to the lack of funds in the debtor’s account. The Department also indicated that the enforcement proceedings were impeded by the moratorium on the forced sale of the capital assets of State-owned entities. 11. On 29 June 2004 the execution proceedings were terminated as the award had been fully paid to the second applicant. b. Enforcement of the judgment of 9 September 2004 12. In July 2004 the second applicant instituted proceedings against the UP seeking to receive her average pay for the period of delay in the payment of her salary arrears. On 9 September 2004 the Ustinovska City Court granted this claim and ordered the UP to pay the second applicant UAH 4,517.94[4]. On 12 October 2004 the Bailiffs’ Service instituted enforcement proceedings in respect of this judgment. 13. On 20 October 2004 the Bailiffs’ Service undertook an inquiry to establish whether the UP had any seizable assets and, as it did not, on 3 February 2005 it levied the UP’s bank account. 14. On 24 March 2005 the award was paid in full to the second applicant.

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6. The applicants are Finnish citizens. Their dates of birth and places of residence are set out in the Annex. 7. On 25 November 1995 a group of young people organised a sit-in in the premises of a department store in Helsinki, Oy Stockmann Ab (presently Oyj Stockmann Abp; henceforth “Stockmann”), criticising it for selling fur coats and thereby participating in cruelty to animals. Around the same time various pamphlets and posters had appeared in Helsinki, criticising the fur trade in general and Stockmann in particular. The group had to be forcibly removed from the store. 8. In March 1996 Stockmann requested a pre-trial investigation into “the distribution to the public of printed matters purporting to be produced on the company’s behalf but which had not been commissioned by [it]”. Should the police find that a criminal offence had been committed, Stockmann requested that the matter be brought to the attention of the public prosecutor. The request was registered as a matter of suspected public defamation. 9. In the ensuing pre-trial investigation 36 persons, including the applicants, were heard as suspects in respect of the offence of public defamation. 10. On 11 April 1996 the police conducted a search at the home of Mr Miettinen, relying on chapter 4, section 1, and chapter 5, section 1 of the Coercive Measures Act (pakkokeinolaki, tvångsmedelslagen 450/1987). According to the minutes, the search was carried out for the purpose of an investigation into malicious damage (vahingonteko, skadegörelse) of which his room mates – A.L. (not an applicant) and Ms Karjalainen – had been suspected. The police seized pamphlets critical of Stockmann’s sale of fur products as well as letters related to Mr Miettinen’s participation in an association of anti-fur activists. 11. On 13 June 1996 the police searched the homes of Ms Mikola and Ms Soini. According to the minutes, the searches were carried out “for other investigation purposes”. The police seized pamphlets and documents related to Ms Mikola’s participation in the same association of anti-fur activists. At the home of Ms Soini the police seized similar pamphlets, diaries from the years 1994-1995 and a telephone note book. 12. On 20 June 1996 the police returned to Ms Mikola some of the seized material, retaining eight pamphlets stating, inter alia: “Stockmann supports trading in carcasses” (Stocka [Stockmann] tukee raatokauppaa). 13. On 26 June 1996 the police returned two of Ms Soini’s diaries, keeping a third one until 9 September 1996. 14. On 18 October 1996 the District Court (käräjäoikeus, tingsrätten) of Helsinki maintained the seizures of Ms Mikola’s and Ms Soini’s materials until 31 December 1996. The seizures were later extended until 31 January 1997. 15. On 20 November 1996 the pre-trial investigation ended with a signed report. On 10 January 1997 applicants Sami and Sanna Seppilä, Soini, Uosukainen, Karjalainen, Särkisilta, Kaihovaara, Pelkonen, Riska, Karlstedt, Salonen, Miettinen and Mikola were charged with a violation of Stockmann’s domiciliary peace (kotirauhan rikkominen, hemfridsbrott) and a violation of the Police Act, both committed on 25 November 1995. All except applicants Sami Seppilä, Uosukainen, Karlstedt and Miettinen had been minors at the time of the offence. 16. At the same time, applicants Soini, Therman and Mustonen were charged with having defamed Stockmann in public while being minors. Applicants Uosukainen and Karjalainen were charged with the same offence but were no longer minors when committing the offence, namely between the summer of 1995 and the summer of 1996. In the alternative, all except Karjalainen were charged with common nuisance. 17. Mr Purmonen was charged with incitement to one or the other of those offences. 18. In addition, applicants Sami Seppilä, Soini, Särkisilta and Salonen were charged with some further offences. 19. On 2 April 1997 Ms Soini requested that the seizure of her possessions be lifted. The District Court having maintained the seizures, she appealed to the Court of Appeal (hovioikeus, hovrätten) of Helsinki. 20. On 15 May 1997 the police lifted the seizure and returned the remaining material to Ms Soini and Ms Mikola. On 17 July 1997 the Court of Appeal found that since the police had already returned the material seized from Ms Soini it was not necessary to examine her appeal. 21. Meanwhile, on 18 June 1997 applicants Sanna Seppilä, Soini, Uosukainen, Särkisilta, Kaihovaara, Pelkonen, Riska, Karlstedt, Salonen, Miettinen and Mikola were convicted of violation of Stockmann’s domiciliary peace and sentenced to forty, fifty or sixty days’ conditional imprisonment respectively. Mr Sami Seppilä was likewise convicted – except on one count not relevant to this case – and given a longer conditional prison sentence coupled with a fine. 22. Applicants Purmonen, Therman and Mustonen were acquitted of all charges. 23. On 22 June 1999 the Court of Appeal reversed the District Court’s judgment by acquitting all twelve convicted applicants in so far as they had been found guilty of violating domiciliary peace. The court considered that Stockmann’s shop premises, being accessible to the public, could not be considered a domicile for the purposes of the relevant provision of the Penal Code. While upholding these applicants’ convictions of one or several other offences the court reduced their sentences to fines.

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4. The applicant was born in 1935 and lives in Helsinki. Background 5. In November 1994 400,000 US dollars were transferred from the applicant’s Swiss bank account to a Finnish bank account. According to the applicant, the intention was that the money should go into her Finnish bank account. It appears that her husband, B, organised the operation but transferred the money allegedly by mistake to his own account. Soon after, that same amount was transferred from B’s account to an account which belonged to a company, C. The applicant and B had a right to use that account. Distraint order and subsequent administrative proceedings 6. The bailiff noticed that the money had passed through B’s account and, on 19 April 1995, seized the amount from C’s account as there were recovery proceedings against B relating to unpaid taxes. 7. On 9 May 1995 the applicant appealed against the distraint order to the County Administrative Board (lääninhallitus, länsstyrelsen) of Uusimaa, arguing that the assets belonged to her and could not, thus, be seized for the payment of B’s personal debts. On 12 May 1995 the County Administrative Board stayed the execution of the order. 8. On 31 January 1996 the County Administrative Board instructed the applicant, under chapter 4, section 10 of the Execution Act (ulosottolaki, utsökningslagen) as in force at the relevant time, to take proceedings against B, the bank and the Tax Office of Uusimaa (verovirasto, skatteverket) within three months from the service of the decision and to inform the bailiff of the institution of proceedings. A failure to do so would lead to the payment of the debts to the creditors, who had applied for enforcement. The applicant did not appeal. Ownership proceedings 9. On 12 April 1996 the applicant instituted proceedings against the bank (which had allowed the assets in C’s account to be seized), the Tax Office (at the request of which the distraint order was issued) and B (whom the bailiff assumed to be the owner of the assets), requesting that the District Court (käräjäoikeus, tingsrätten) of Helsinki confirm that she was the owner of the assets. 10. It appears that the District Court invited the bank’s and the Tax Office’s responses to the summons during the first quarter of the year 1997. From March 1997 they made several requests, which the District Court granted, for an extension of the time allowed for their submissions. They filed their responses on 19 and 22 May 1997 respectively, urging the court to invite the applicant to supplement the summons. 11. Over a year later, on 18 June 1998, the District Court invited the applicant to do so by 24 July 1998. Following her request for an extension of the time-limit, the court received her submission on 15 August 1998. 12. In the preparatory hearing on 3 November 1998 the applicant among others requested an extension, which was granted. The principal hearing was held on 12 January 1999. 13. On 26 January 1999 the District Court dismissed the applicant’s claims, finding that she had lent the moneys in issue to C and, thus, no longer had a right to dispose of the assets. She could only be considered to have an equivalent claim against C. 14. On 23 February 1999 the applicant appealed. On 25 May 2000 the Helsinki Court of Appeal (hovioikeus, hovrätten) overturned the District Court’s judgment and revoked the distraint order, finding the applicant to be the rightful owner of the assets in question. The bailiff was ordered to return the seized amount to her when the judgment became final. 15. On 20 July 2000 the bank and the Tax Office requested leave to appeal. On 16 May 2001 the Supreme Court (korkein oikeus, högsta domstolen) granted leave to appeal. On 27 December 2001 it overturned the Court of Appeal’s judgment, upholding the District Court’s judgment. 16. The applicant’s subsequent request that the case be re-opened was refused by the Supreme Court on 26 March 2003.

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4. The applicant was born in 1962 and lives in the village of Razdalovka, the Donetsk Region. 5. On 12 April 2001 the Mykytivsky District Court of Gorlovka (hereafter “the District Court”) awarded the applicant a total of UAH 41,992[1] against the Komsomolskaya Coal Mine (a State-owned entity; hereafter “the Coal Mine”) for arrears of industrial disease benefits. The judgment became final and was sent to the Mykytivsky District Bailiffs’ Service (hereafter “the Bailiffs’ Service”) for compulsory enforcement. 6. According to a letter of the Donetsk Regional Department of Justice of 20 December 2001, the enforcement of the judgment was impeded by the moratorium on the forced sale of property of State owned enterprises which barred the attachment and sale of the Company’s capital assets. 7. On 25 February 2003 the Ministry of Fuel and Energy ordered a merger of the Coal Mine with several others to form the Artemvugilia State Company (hereafter “the Company”). 8. On 8 July 2003 the Bailiffs’ Service applied to the District Court for directions regarding the replacement of the debtor in the applicant’s case. 9. On 1 September 2004 the Bailiffs’ Service terminated the compulsory enforcement proceedings following the applicant’s withdrawal of his writ of execution. The applicant alleged that he had done so under pressure from the Ministry of Fuel and Energy’s officials. 10. The award was paid to the applicant in two instalments on 19 and 20 November 2004.

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4. The applicant was born in 1965 and lives in Vienna. 5. On 9 December 1998 the Vienna Regional Court (Landesgericht) ordered the applicant’s detention on remand on suspicion of having committed homosexual acts with adolescents contrary to Article 209 of the Criminal Code. 6. On 8 April 1999 the presiding judge of the competent chamber of the Regional Court scheduled the applicant’s trial for 21 April 1999. On the first day of the trial, on 21 April 1999, the applicant was released from detention on remand and the hearing was adjourned in order to summon a witness residing in the Slovak Republic to the trial. At the hearing of 14 July 1999 the witnesses summoned in Slovakia did not appear. On 16 July 1999 the Regional Court sent letters rogatory requesting the summoning of these witnesses to the competent court in Bratislava. A further hearing was held on 24 November 1999 and the trial again adjourned. 7. On 15 December 1999 the Bratislava District Court II informed the Regional Court that the summons could not be served on the witnesses. 8. On 31 January 2000 the Regional Court requested the applicant to submit addresses to which the summons could be sent. On 15 May 2000 the applicant gave such information in respect of two of the witnesses. 9. On 20 December 2000 the Regional Court again sent letters rogatory to the Slovakian judicial authority to hear one witness. It appears that the Slovakian courts did not succeed in obtaining statements of that witness. 10. On 21 November 2001 a further hearing in the trial against the applicant took place. The Regional Court read out statements of three witnesses made at the pre-trial stage. The applicant’s counsel objected to the reading out of the statements. No witnesses were heard. 11. On the same day, the Regional Court convicted the applicant on several counts of the offence under Section 209 of the Penal Code and sentenced him to six months’ imprisonment suspended on probation for three years. The applicant was acquitted as regards other charges. 12. On 8 January 2002 the Public Prosecutor filed an appeal against the sentence and, on 25 January 2002, the applicant filed an appeal on points of law and fact, as well as against the sentence. The applicant argued, inter alia, that Article 209 of the Criminal Code was unconstitutional in that it did not comply with Article 8 of the Convention read in conjunction with Article 14 and that the reading out of the statement of the witnesses at the trial violated his right to a fair hearing under Article 6 of the Convention. 13. On 8 April 2002 the Vienna Court of Appeal, after a public hearing, dismissed the applicant’s appeal but granted the Public Prosecutor’s appeal and increased the sentence to nine months’ imprisonment, out of which six months were suspended on probation.

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4. The applicants were born in 1937 and live in München. 5. On 28 March 1989 a civil action was filed by the applicants before the District Court of Paphos in respect of a contract of sale of a flat in Paphos that had been concluded between them and a building development company, the defendants. They sought a declaratory judgment to the effect that the contract had been annulled. They also sought damages totalling 35,305 Cypriot pounds (CYP), plus interest. The defendants filed a counterclaim against the applicants for damages amounting to CYP 31,200. 6. On 26 May 1989 the submission of pleadings was completed. 7. From the latter date until 21 October1991 the case was adjourned or set at a later date at the applicants’ request five times. The case was rescheduled twice by the court, once for a period of approximately five months and once only for six days. 8. The hearing of the action commenced on 21 October 1991 and following several hearing sessions, it was completed on 5 June 1992. 9. On 18 November 1992 the Paphos District Court delivered judgment in favour of the applicants awarding them damages amounting to CYP 32,000 and CYP 800 as costs with interest at 6% from the date of the judgment. The defendants however were awarded CYP 1,650 as damages in respect of their counterclaim, for the period during which the applicants remained in occupation of the flat following the termination of the contract. 10. On 23 December 1992 the defendants filed an appeal against the first instance judgment before the Supreme Court. 11. On 15 January 1993 the appellants filed an application for a stay of execution concerning the payment of damages. On 2 February 1994, the applicants entered a written agreement with the appellants agreeing to the stay on certain conditions. 12. The records of the Supreme Court of 3 and 13 December 1996 reveal that the appeal was dismissed on 23 March 1993 in view of the fact that the appellants had not applied to the Registry for the minutes within the prescribed three month time-limit. Yet, at the time, on 7 May 1993, the Chief Registrar had informed the appellants that if they wished to pursue their appeal they had to pay the fees required for the minutes. The appellants submitted their application for the minutes and the fees on 10 June 1993. On 7 February 1996 the Chief Registrar notified them that the case had been set for hearing on 22 April 1996 and that the minutes were ready. The proceedings commenced on the latter date and the hearing on 25 September 1996. The Registrar brought the dismissal of the appeal to the attention of the court and the parties on 3 December 1996. 13. On 13 December 1996 the court examined the matter and on 20 December 1996 the appellants filed an application for the reinstatement of their appeal. Following the filing of an opposition by the applicants, the case was adjourned sine die on 27 January 1997 pending the outcome in a number of other cases before the Supreme Court concerning the question of reinstatement of appeals in similar cases. 14. On 31 March 1997 the Supreme Court delivered its judgment allowing reinstatement of the appeal and following the appellants’ application to the Registrar to fix their case before the court, the appeal was reinstated on 18 April 1997. 15. Hearing sessions were held on 28 August and 29 October 1997. 16. On 19 February 1998 the Supreme Court delivered its judgment setting aside the district court’s decision in part regarding the expenses awarded and interest thereto, in view of an agreement reached between the parties in this respect during the appeal proceedings. The court ordered a retrial regarding the issue of quantum of damages in relation to the breach of the contract. The rest of the judgment was upheld. 17. On 27 May 1998 the applicants applied to the Registrar of the District Court of Paphos to schedule the case for hearing in respect of the determination of the amount of damages. 18. Two hearing sessions were held on 14 December 1998 and 19 March 1999 with judgment reserved on that date. The case was adjourned once within this period at the applicants’ request. 19. On 3 April 2000, approximately one year following the conclusion of the proceedings before the district court, the Supreme Court, subsequent to sending a letter to the Senior District Judge concerning the delay in the delivery of the judgment, fixed the case before it for this purpose (Rules of Procedure concerning the prompt delivery of court judgments (1986)). On 30 June 2000, the Supreme Court adopted a decision in this respect, emphasising the importance of providing justice within a reasonable time, and directed the Senior District Judge to deliver his judgment by 31 December 2000. The Government stated that the extension was given to avoid an order for retrial. 20. In the meantime the judge retired and on 1 December 2000 the case was assigned to another judge for retrial, who fixed the case for hearing on 2 February 2001. 21. Subsequently five adjournments took place, two at the defendants’ request and three at the applicants’ request. The hearing commenced on 27 June 2001 and was concluded on 19 September 2001. In total three hearing sessions were held and addresses were given on 23 October 2001. The court delivered its judgment on 23 December 2002 awarding the applicants damages for breach of contract amounting to CYP 28,720 plus legal interests and costs to be assessed by the Registrar. 22. On 17 April 2003 the applicants’ lawyer submitted his bill of costs for assessment by the Registrar amounting to CYP 2,120.60. 23. On 8 May 2003 the costs were assessed by the Registrar at CYP 927 plus interest at 8% per annum from 29 November 1996 and VAT at CYP 139.50.

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9. The applicant company is the owner and publisher of the magazine “Der 13. – Zeitung der Katholiken für Glaube und Kirche” (The 13th – Newspaper of Catholics for Faith and Church). 10. On 13 November 1996 the magazine “Der 13.” published six letters to the editor dealing with the discussion on a “Church Referendum Movement (Kirchenvolksbegehren)” organised by catholics to promote “progressive” ideas and to strengthen lay influence within the Catholic Church in Austria. One of these letters at issue in the present case reflected a conservative position towards the Church Referendum Movement and criticised Mr Paarhammer, at the material time Vicar General (Generalvikar) of the Archdiocese of Salzburg, member of the Salzburg Cathedral Chapter (Domkapitel) and Professor of Canon Law at the Salzburg University, for his behaviour during the election process for the new Salzburg Archbishop in 1988/89. 11. The letter’s layout could be distinguished from the remainder of the page in that its text was framed and headed with: “Priests loyal to the Pope should be appointed to influential positions” and read as follows: “The Diocesan Forum in Salzburg came to a close on 24 September, the feast day of St Rupert, the patron saint of our diocese and our province. It is thanks to the prudent leadership, tactical skill and resolute attitude of Suffragan Bishop Laun that the pernicious ideas of the Church Referendum Movement did not find their way into the resolutions adopted at the Diocesan Forum. For that, our esteemed suffragan bishop deserves our warmest thanks and congratulations. What will happen now? Will the resolutions be put into effect or will they remain a dead letter? When will the rebels in the cathedral chapter strike their next blow against Laun? Paarhammer did not even shrink from publicly criticising and disparaging the Pope in an extremely offensive manner, while Sieberer insulted Laun as soon as he was appointed. Those who say that the renewal of the Church in Salzburg cannot be effected without changes in its clergy will probably prove right. With the Diocesan Forum over, the time has come for priests who are critical of the Church to be swiftly removed from all influential positions and for priests who are truly loyal to Pope and Church to be appointed in their place. That step is bound to be painful for the diocese to begin with, but it will undoubtedly be worthwhile in the long run. We hope that the bishops have the courage to take it. Initiative to Restore the Unity of the Church in Salzburg, A-5020 Salzburg (Initiative zur Wiederherstellung der Einheit der Kirche in Salzburg)” 12. The letter was anonymous as the “Initiative” turned out to be non-existent. 13. The allegations concerning Mr Paarhammer related to a press release by the Cathedral Chapter of 30 December 1988 stating, inter alia, that the Holy See’s choice of candidates for the Salzburg archbishop had put the Cathedral Chapter in a situation of moral conflict. Further reference could be made to a radio interview on 10 January 1989, in which Mr Paarhammer, as speaker of the Cathedral Chapter, had expressed discontent about the way the Holy See had dealt with the succession of the Salzburg archbishop and that the Cathedral Chapter, asking to discuss the list of candidates proposed by the Holy See, had not been received in audience by the Pope. 14. In March 1997 Mr Paarhammer sought compensation for defamation from the applicant company under Section 6 of the Media Act (Mediengesetz). 15. On 11 November 1997 the Salzburg Regional Court (Landesgericht), after having taken evidence of the records of the above statements made by Mr Paarhammer during the election process of 1988/89, awarded him ATS 30,000 (EUR 2,180.19) by way of compensation under Section 6 of the Media Act and ordered the applicant company to publish the judgment and to reimburse costs incurred by Mr Paarhammer. The court found that the following passages were defaming him, within the meaning of Section 111 §§ 1 and 2 of the Criminal Code: a) “When will the rebels in the cathedral chapter strike their next blow against Laun?” b) “Paarhammer did not even shrink from publicly criticising and disparaging the Pope in an extremely offensive manner” c) “ ... the time has come for priests who are critical of the Church to be swiftly removed from all influential positions and for priests who are truly loyal to Pope and Church to be appointed in their place”. 16. It held that an average reader of “Der 13.”, whose recipients were particularly interested in and sensitive to intra-church-related matters, would not expect a high-ranking church official offensively to criticise and disparage the Pope, and would therefore consider a person doing so to be affected by a serious lack of character (erheblicher Charaktermangel). The same considerations applied to the two other statements in the letter calling Mr Paarhammer a “rebel” and a “critic of the church who should be removed”. It noted in particular that Mr Paarhammer had criticised the Holy See for its refusal to receive the Cathedral Chapter in audience in the radio interview of 10 January 1989. Thus, this criticism related to concrete behaviour and was not questioning the authority of the highest church officials as such. As regards Mr Paarhammer’s statements concerning the succession of the Salzburg archbishop, the court found that criticising the Pope for his decisions on personnel-policy matters was lawful also under the Canon Law, as the doctrine of papal infallibility only applied to matters of belief and morals. Furthermore, the applicant company could not rely on any of the exemptions from liability under Section 6 § 2 lit. 2 (a), (b) or lit. 4 of the Media Act, as the allegations were neither true, nor was their publication in preponderant public interest eight years after the election of the Salzburg archbishop in 1989. The applicant company had also failed to comply with the ethics of journalism, as it had not given Mr Paarhammer an opportunity to comment. Finally, the letter at issue did not constitute a correct statement of a third person (Section 6 § 2 lit. 4 of the Media Act), since the signed “Initiative” was non-existent as a legal person and not represented by any natural person. 17. On 28 May 1998 the Linz Court of Appeal (Oberlandesgericht), upon the applicant company’s appeal, confirmed the Regional Court’s judgment. The court considered that the applicant company could not claim to have uttered permissible criticism under Article 10 § 1 of the Convention, since the imputation of dishonourable behaviour without reference to facts was not justified criticism. Therefore, it fell outside the scope of protection of Article 10 of the Convention. The court found that the applicant company had failed to produce factual evidence that would have supported the incriminated statements. In particular, Mr Paarhammer’s critical remarks during the election process of 1988/89 could not be described as “publicly criticising or disparaging the Pope in an extremely offensive manner”. Considering the high positions he held as Vicar General, entitling him to represent the archbishop, and also as Judicial Vicar (Judizialvikar), any such behaviour as alleged in the incriminated passages would not only be incompatible with the requirement of orthodoxy under the Codex Iuris Canonici 1983, but also with the profile of a high-ranking church official as expected by the clergy and the interested catholic public. Were any of these allegations true, Mr Paarhammer would not only risk being recalled from his position as Vicar General but also losing his missio canonica at the university. The allegation of a “rebel within the Cathedral Chapter” meant in its context that Mr Paarhammer rebelled against the church order – which he ought to represent himself as well – and was therefore capable to lower him in public esteem. All the more so, as the recipients of “Der 13.” belonged traditionally to the conservative wing of the Catholic Church in Austria. The court confirmed the lower court’s finding as regards the applicant company’s failure to comply with the ethics of journalism. Finally, as the applicant company had in no way distanced itself from, but rather identified itself with its contents by adding the title and by framing the text, it could be left open whether the publication had been in the preponderant public interest within the meaning of Section 6 § 2 lit. 2 (b) and lit. 4 of the Media Act. 18. On 11 June 1999 the Salzburg archbishop recalled Mr Paarhammer from his function as Vicar General and, on 1 January 2001, appointed him President of the International Centre for Scientific Research (Internationales Forschungszentrum für Grundfragen der Wissenschaften).

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8. Ilinden is an association based in south‑west Bulgaria, in an area known as the Pirin region or the geographic region of Pirin Macedonia. 9. Ilinden was founded on 14 April 1990. Its aims, according to its articles of association and programme, were to “unite all Macedonians in Bulgaria on a regional and cultural basis” and to achieve “the recognition of the Macedonian minority in Bulgaria”. Clauses 8 and 9 of the articles stated that the organisation would not infringe the territorial integrity of Bulgaria and “would not use violent, brutal, inhuman or unlawful means”. 10. In 1990 Ilinden applied for, but was refused, registration. In the proceedings for registration, the Blagoevgrad Regional Court and the Supreme Court examined its articles of association, its programme and other written evidence. 11. In their decisions of July and November 1990 and March 1991 the courts found that Ilinden’s aims were directed against the unity of the nation, that it advocated national and ethnic hatred and that it was dangerous for the territorial integrity of Bulgaria. Therefore, its registration would have been contrary to Articles 3, 8 and 52 § 3 of the Constitution of 1971, as in force at the time. In particular, the aims of the association included the “political development of Macedonia” and the “united, independent Macedonian State”. Moreover, in its appeal to the Supreme Court, the association had stated that “the Macedonian people [would] not accept Bulgarian, Greek or Serbian rule”. The formal declaration in its articles of association that it would not imperil the territorial integrity of Bulgaria appeared inconsistent with the remaining material. 12. The judgment of the Supreme Court of 11 March 1991 stated, inter alia: “[T]he lower courts have correctly established that the aims of [Ilinden] under its articles of association and programme were directed against the unity of the nation... [The material in the case] demonstrates that [Ilinden] seeks to disseminate the ideas of Macedonianism among the Bulgarian population, especially in a particular geographical area. [Those ideas] presuppose the ‘denationalisation’ of the Bulgarian population and its conversion into a Macedonian population... It follows that [Ilinden] is directed against the unity of the nation and is therefore prohibited under Article 35 § 3 of the [1971] Constitution...” 13. Throughout the period 1990‑2003 Ilinden tried to organise commemorations of historical events every year on certain dates in April, August and September, on various sites in Pirin Macedonia. Almost all of the commemoration gatherings were banned by the authorities, often on the basis of the organisation not been registered. In some instances the courts refused to examine appeals against such bans on the same ground (for the period 1994‑97 see Stankov and the United Macedonian Organisation Ilinden v. Bulgaria, nos. 29221/95 and 29225/95, §§ 21, 25, and 29‑30, ECHR 2001‑IX; for the period 1998‑2003 see The United Macedonian Organisation Ilinden and Ivanov v. Bulgaria, no. 44079/98, §§ 12‑71, 20 October 2005). 14. On 26 October 1997 the applicants, together with seven, eight or nine other persons, held a meeting in Petrich. There are two versions of the minutes of this meeting. The first one states that eighteen persons adopted a resolution to re‑apply for registration of Ilinden. The second one states that seventeen persons decided to found a non‑profit‑making association named Ilinden. Both versions state that the persons present adopted the articles and elected the management committee and the chairman of the association. 15. The relevant clauses of the articles of association of Ilinden adopted at that meeting read: “1. [Ilinden] is a national Macedonian organisation, on ethnical basis and origin ... which is the successor and continuer of the national liberation struggle of the Macedonian nation ... and of the Macedonian fighters who have fallen victim to the Bulgarian State terrorism and genocide. 2(1). Ilinden recognises and respects the territorial integrity of the Republic of Bulgaria and its laws and Constitution, provided they are consistent with the international law and the international agreements on human rights, fundamental freedoms and the rights of minorities. 2(2). [Ilinden] supports the international law [rules providing that] borders between countries may be altered peacefully through negotiations. 3. The goals and objects of [Ilinden] ... [are] to express and defend the civil, political, national, social, and economic rights of Macedonians living on Macedonian land under Bulgarian occupation (jurisdiction) and of the Macedonians living in Bulgaria. 4(1). [Ilinden] will protect the Macedonians subjected to assimilation by the Bulgarian nationalistic policies. 4(2). [Ilinden will seek the r]ecognition of a status of cultural autonomy of Pirin Macedonia [in order to] halt the process of assimilation of the Macedonians. ... 4(5). [and the g]iving of autocephalous status of the Macedonian church in Pirin Macedonia with a view to cutting off the assimilation activities of the Bulgarian priests. ... 5. [Ilinden] will strive towards ... liberating the Macedonians from the feelings of fear of the discrimination and assimilation policies of the [Bulgarian State]. ... 7(2). [The means employed by Ilinden for achieving its goals shall be] ... the holding of peaceful assemblies, meetings, marches and demonstrations... 7(3). Participation in elections through nomination of independent Macedonians candidates. ... 8(2). Every Macedonian, as well as a citizen of another ethnicity, may become a member of the organisation.” 16. On 16 March 1998 the applicants lodged an application for the registration of Ilinden with the Blagoevgrad Regional Court. They submitted to the court a copy of the first version of the minutes of the 26 October 1997 meeting (see paragraph 14 above). Finding that one member of the management committee had not signed the application for registration and that the filed copy of the articles of association had not been signed either, the court invited the applicants to submit duly signed copies of the application and the articles. On 6 April 1998 one of the applicants filed a signed application and an unsigned copy of the articles. The court also instructed the applicants to produce a copy of the resolution for the founding of Ilinden. On 2 June 1998 an unsigned copy of the second version of the minutes of the October 1997 meeting (see paragraph 14 above), containing a resolution for the founding of Ilinden and the names of eighteen purported founders, was filed with the court. A hearing was held on 19 June 1998. On 10 July 1998 a copy of the second version of the minutes (see paragraph 14 above), signed by fifteen persons, was filed with the court. At a hearing held on 29 September 1998 the applicants stated that this second version had been drafted by an attorney and had been signed by the founders before the first hearing on 19 June 1998. The court admitted the document in evidence. 17. The Blagoevgrad Regional Court gave judgment on 2 November 1998. It rejected the application in the following terms: “By section 136(1) of the Persons and Family Act [of 1949], the application for registration of a non‑profit‑making association must be accompanied by a resolution for its founding [and] its articles of association, signed by the founders... In their application for registration the members of the management committee state that in 1990 the organisation was denied registration ..., which may lead to the conclusion that the resolution for the founding of Ilinden was adopted ... at the latest in 1990. This conclusion is supported by the first version of the minutes of 26 October 1997. This version states that at a meeting held on 26 October 1997 in Petrich, with eighteen persons present, the question of the re‑registration of Ilinden was discussed... In a letter of 30 April 1998 the court instructed the applicants to present a resolution for the founding of the association. Following this instruction the applicants submitted unsigned minutes dated 26 October 1997, which reflect a different agenda and different decisions. These new minutes contain an express resolution for the founding of Ilinden, for the adoption of its articles of association and the electing of a management committee. The heading of these minutes indicates that seventeen persons were founders. An additional, signed version of these minutes bears the signatures of fifteen persons. Three of the alleged founders ... have not signed the minutes of 26 October 1997, while the minutes state that the resolution for the founding of the association was adopted by unanimity. However, these persons have signed the [first version of the minutes], which contain the resolution to re-register Ilinden. [During the hearing] on 29 September 1998 the members of the management committee averred that there had only been one meeting, [which took place] on 26 October 1997. In view of these circumstances, the court considers that it has not been categorically established that a resolution for the founding of Ilinden was adopted on 26 October 1997. It is unclear who the founders were, because there are two versions of the minutes of the same date, signed by different persons and having different contents. Thus, one of the absolute prerequisites of section 136(1) of the [Persons and Family Act of 1949] – a resolution for the founding the association – is missing. The second mandatory attachment to the application for registration – articles of association signed by the founders – is likewise missing. When the applicants first applied for registration on 16 March 1998..., they were instructed to submit articles of association signed by the founders. This instruction has not been complied with. The articles ... dated 27 September 1997 are not signed. Alongside the articles the applicants have submitted a separate sheet, stating: ‘The articles of association of Ilinden were discussed and adopted at the founding meeting on 26 October 1997’. Only the signatures of the members of the management committee follow. The presentation of articles of association signed by the founders is an absolute prerequisite for [registration]. On this ground alone – the failure to comply with the requirements of section 136(1) of the [Persons and Family Act of 1949] – the registration of [Ilinden] must be refused. The court considers it necessary to note that, alongside the above-mentioned [reasons to refuse registration], there are a number of serious discrepancies between the submitted articles of association and the laws of [Bulgaria], which render the registration inadmissible. In clause 1 of its articles of association [Ilinden] defines itself as a ‘Macedonian national organisation on ethnical basis and origin ... which is the successor and continuer of the national liberation struggle of the Macedonian nation ... and of the Macedonian fighters who have fallen victim to the Bulgarian State terrorism and genocide’. This text clearly shows that the association considers itself a ‘successor’ and continuer of ... the ‘national liberation struggle of the Macedonian nation’... The evoking of historical events in which the Bulgarian people fought for the protection of its national interests [and] for the restoration of the Bulgarian State is puzzling in the context of an activity which is to be carried out against this same State. It is not clear how an association may be a ‘successor’ of ‘fighters fallen victim’ but probably the applicants wanted to underscore that they intend to lead a ‘national liberation struggle’ on the territory of the Republic of Bulgaria through uprisings, which process is expected to lead to victims. Read this way, clause 1 of the articles raises serious doubts as to the peaceful means for the achievement of the goals of the association declared in clause 7. Clause 2(1) of the articles recognises the territorial integrity of the country, its laws and Constitution, but under a condition: ‘if they are consistent with the international law and the international agreements on human rights, fundamental freedoms and the rights of minorities’. The reservations relating to respect for the territorial integrity of the country continue in clause 2(2) of the articles, which introduces the concept of modification of the borders through ‘negotiations’. The association’s goal – to achieve a modification of the borders of Bulgaria through taking of territory away – is clearly spelled out in clause 3 of the articles, which indicates that [Ilinden] ‘expresses and defends the civil, political, national and social and economic rights of Macedonians living on Macedonian land under Bulgarian occupation (jurisdiction) and of the Macedonians living in Bulgaria’. The use of the term ‘occupation’ indicates that, according to the applicants, the Republic of Bulgaria includes forcibly annexed ‘Macedonian’ lands, for the liberation of which they will lead a ‘national liberation struggle’. This idea is underscored in several other provisions of the articles. Thus, clause 4 speaks of protection against Bulgarian ‘assimilation’ through cultural autonomy of Pirin Macedonia, which takes as a given that the population there is not Bulgarian, clause 5 [speaks of] ‘taking the Macedonians out’ of the state of [being subjected to] ‘discrimination and assimilation’ by the Bulgarian State. Clause 7 of the articles indicates that the association will organise peaceful assemblies, meetings, marches and demonstrations with demands for political rights, and that it will participate in elections through the nomination of candidates. Therefore, even though it claims to be a non-profit‑making association, Ilinden proclaims that it will carry out a political activity within the meaning of Article 11 § 3 of the Constitution [of 1991] and section 13(3) of the Political Parties Act [of 1990]. Article 12 § 2 of the Constitution [of 1991] provides that associations may not pursue political goals and carry out political activities that are characteristic solely of political parties. This prohibition is developed in section 13(1) and (5) of the Political Parties Act [of 1990]. An association which pursues political goals such as those clearly designated by the applicants here may not be registered [as such]. Apart from the political character of the goals and of the future activity [of the association], the aforesaid leads to the conclusion that [Ilinden] is an organisation directed against the sovereignty, the territorial integrity and the unity of the nation and towards the incitement of national hatred, and is not categorically excluding the use of violence. Clauses 1, 2, 4, 6, and 7 of the articles of the association contain suggestions [that there exists] a Macedonian ethnos [constituting a] minority and deprived of the rights that the Constitution [of 1991] bestows upon all Bulgarian citizens. There is no Macedonian minority in Bulgaria. There are no historical, religious, linguistic, or ethnical grounds for such an assertion. [Such an assertion], coupled with the declarations alleging ‘assimilation, discrimination and xenophobia’ in respect of the ‘Macedonians’, is in reality directed against the unity of the nation. Every organisation committed to such a political platform is prohibited by virtue of Article 44 § 2 of the Constitution [of 1991]. ...” 18. The management committee of Ilinden appealed to the Sofia Court of Appeals. They argued that the Blagoevgrad Regional Court had deliberately misconstrued the articles of association. Ilinden had no political goals and had never intended to dispute the territorial integrity and the sovereignty of Bulgaria, nor to incite violence or ethnic hatred. The court had refused registration because of its mistaken finding that the articles insinuated the existence of a Macedonian ethnos having a minority character. Also, as there had apparently been doubt about technical problems with the registration documents, the management committee submitted a fresh copy of the minutes of the association’s founding meeting. It also submitted a list of signatures of the founders of Ilinden who were not members of the management committee, apparently with the purpose of remedying the deficiency noted by the Blagoevgrad Regional Court – that the articles of association bore the signatures of the members of the management committee only, not of all founders. 19. The Sofia Court of Appeals dismissed the appeal in a judgment of 28 April 1998. The relevant part of its opinion read: “...this court finds that the prerequisites for entering [Ilinden] in the register of non‑profit‑making legal persons are missing. The first irregularity of the association is that the submitted articles are not signed by the founders, as required by section 136 of the Persons and Family Act [of 1949]. Furthermore, the articles contain a number of clauses which do not allow the registration of the association. Clause 1 indicates that [Ilinden] shall be ‘a Macedonian national organisation [based] on ethnicity and origin’, and clause 8 provides that ‘only a Macedonian’ may be a member of the organisation; such type of association is inadmissible and contrary to Article 6 § 2 of the Constitution [of 1991], which prohibits privileges based on ‘nationality, ethnicity, origin’... In clause 7 of its articles the association sets itself political goals, which it may pursue only if registered [as a political party]. The formulated aims, such as ‘participation in elections’ [and] the holding of ‘meetings, marches and demonstrations’ run also against Article 12 § 2 of the Constitution [of 1991], which does not allow associations to perform political activities. The legal definition of the term ‘political activity’ set out in section 13(3) of the Political Parties Act [of 1990] indicates that it comprises precisely the holding of meetings, demonstrations, assemblies and other forms of public campaigning. Clause 4 of the articles provides that the association will carry out activities that are characteristic of a denomination ... : ‘struggling to achieve an autocephalous status of the Macedonian church and cutting off the assimilation activities of the Bulgarian priests’ [; such activities] may be carried out only by non‑profit‑making organisations registered under section 133a of the Persons and Family Act [of 1949] and the Denominations Act [of 1949]. The proposition of the applicants is that the association should be registered because its articles do not set forth political aims and the association is not established on an ethnical or a national basis. These assertions are unfounded. On the one hand, the submitted articles of association have not been signed by the founders, which precludes the possibility of registration ... On the other hand, the activities the articles envisage ... may not be carried out by such a type of association. This indicates that the irregularities in the founding of the association may not be rectified through the additional presentation of evidence; the registration is therefore impossible.” 20. The management committee of Ilinden appealed on points of law to the Supreme Court of Cassation. They argued that the Sofia Court of Appeals had erred in holding that the formation of an association could lead to discrimination. On the contrary, it was the exercise of a fundamental right. Also, Ilinden did not pursue any of the activities proscribed by Article 44 § 2 of the Constitution of 1991. As regarded the alleged political goals and activities of the association, they submitted that the Sofia Court of Appeals had misconstrued the term “political activity”: the holding of meetings and marches was not the prerogative of political parties – they could be organised by any organisation or person. The statement of the court that the meaning of clause 4 of its articles of association was that Ilinden intended to engage in religious activities was tendentious and untrue. In addition, the applicants complained that the Sofia Court of Appeals had repeated the conclusion of the Blagoevgrad Regional Court that they had not submitted a duly signed copy of the articles of association, apparently disregarding the fresh documents they had presented together with their appeal from the latter’s judgment. 21. The Supreme Court of Cassation gave judgment on 12 October 1999. It dismissed the appeal in the following terms: “...The appeal is ill‑founded. The [Sofia] Court of Appeals found that the submitted articles of association have not been signed by the founders, as mandated by the imperative rule of section 136 of the [Persons and Family Act of 1949]. Secondly, the articles contain a number of clauses precluding the registration of the association. Clauses 1 and 8 contravene Article 6 § 2 of the Constitution [of 1991], clause 7 [contravenes] Article 12 § 2 of the Constitution [of 1991] in conjunction with section 13(3) of the [Political Parties Act of 1990], [and] clause 4 [runs counter to] section 133a of the [Persons and Family Act of 1949]. The judgment of the [Sofia] Court of Appeals is correct. The finding that the legal requirements for the registration of the association have not been met corresponds to the documents in the case file and more specifically to the articles of association [of Ilinden]. An association is registered pursuant to an application by its management committee which must be accompanied by a resolution for its founding and its articles, signed by the founders. This means a signed copy of the articles and not separate lists and minutes. [In addition,] Article 6 § 2 of the Constitution [of 1991] does not allow privileges on the basis of nationality, ethnicity, origin, etc. By Article 12 § 2 of the Constitution [of 1991], associations may not pursue political goals and carry out political activities characteristic solely of political parties. Account should also be taken of section 13 of the [Political Parties Act of 1990].” 22. On 21 October 2002 Ilinden lodged another application for registration with the Blagoevgrad Regional Court. In a judgment of 18 November 2002 the court refused to register the association. Its opinion read, as relevant: “The evidence ... indicates ... that the activities of the organisation which seeks registration are directed against the sovereignty and the territorial integrity of the country and the unity of the nation. This is apparent from the main goals of the association ... and the means for their achievement... The way they are formulated ... indicate[s] their political character. ...The organisation states that it is a successor and continuer of the ‘national liberation struggle of the Macedonian nation’, including the ‘Macedonian fighters who have fallen victim to the Bulgarian State terrorism and genocide’[. Its articles of association] specify that [the organisation] will respect the territorial integrity of the Republic of Bulgaria, but only if ‘[it is] consistent with the international law and the international agreements on human rights, fundamental freedoms and the rights of minorities’; [that the organisation] will ‘voice and protect the civil, social and economic rights of the Macedonians who live on Macedonian soil under Bulgarian occupation (jurisdiction) and of the Macedonians who live in Bulgaria’[. The articles also] insist that ‘the process of assimilation in Pirin Macedonia must be stopped’. Obviously, the aim is to distort the historical truth and to ignore the Bulgarian character of certain geographical regions [and] to cause overt opposition of one part of the population to another. This also threatens the territorial integrity of the country, while Article 44 § 2 of the Constitution [of 1991] prohibits organisations engaging in such an activity. Even if, despite [what was found] above, it is assumed that the activities of [Ilinden] do not run counter to the Constitution [of 1991], by Article 12 § 2 thereof associations may not pursue political goals and carry out political activities that are characteristic solely of political parties. The political character of the aims [of Ilinden] is clearly indicated by [its articles of association], while the [applicable law] provides that organisations seeking to engage in political, trade union or religious activities shall be regulated in a separate statute. All this leads to the conclusion that what is sought is the registration of an association whose aims are illegal. It cannot be accepted that what is at issue is an organisation seeking to preserve the historical traditions and the cultural riches of a specific community. ... The realisation of the true aims [of Ilinden] would no doubt be at the expense of the unity of the Bulgarian nation [and] the sovereignty and the territorial integrity [of the country], which is declared inviolable by Article 2 § 2 of the Constitution [of 1991].” 23. Ilinden’s ensuing appeal was dismissed by the Sofia Court of Appeals in a judgment of 11 July 2003. The court held that the aims of Ilinden were political, which was impermissible for a non‑profit‑making association. It further held that the aims of Ilinden were directed towards a “twisting of the historical truths and towards ignoring the Bulgarian character of certain geographical regions, with a view to causing overt opposition of one part of the Bulgarian citizens against another, which imperil[ed] the territorial integrity of the country and the unity of the nation, in breach of the imperative rule of Article 44 § 2 of the Constitution [of 1991]”. Finally, the court held that there had been an irregularity in the number of elected members of the association’s management committee. 24. Ilinden’s appeal on points of law to the Supreme Court of Cassation was likewise dismissed, in a final judgment of 12 May 2004. The court held that Ilinden’s activity, which would include protecting the ‘civil, social and economic rights of the Macedonians living on Bulgarian soil and of the Macedonians living in Bulgaria’ ran counter to Article 44 § 2 of the Constitution of 1991. Even assuming that this was not the case, registration was impossible, because Ilinden’s aims were in reality political, as indicated by its declarations that it was a continuer of the “national liberation struggle of the Macedonian nation” and that its founders were “spiritual successors of ‘the Macedonian fighters which had fallen victim of the Bulgarian state terrorism and genocide’”, which was impermissible for a non‑profit‑making association. Finally, the court endorsed the Sofia Court of Appeals’ finding that there had been an irregularity in the number of elected members of the management committee.

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4. The applicant was born in 1961 and lives in Limassol. 5. On 12 November 1993 he filed a civil action before the District Court of Limassol claiming compensation for pecuniary and non-pecuniary damages in respect of personal injuries suffered when he was hit by a car driven by the defendant on 7 December 1991. 6. The parties’ pleadings were completed by 10 February 1995 and the applicant applied to the registrar to have the action fixed on 14 April 1995. 7. Until the commencement of the trial on 9 May 1997, the case was adjourned four times, once by the court, once by the defendant and twice at the request of both parties. 8. From 9 May 1997 until the trial’s conclusion on 8 October 1998 nine hearing sessions were held and the case was adjourned three times by the court. 9. On 8 October 1998 judgment was reserved. 10. Approximately nine months following the conclusion of the proceedings the Supreme Court took steps, ex proprio motu, under the Rules of Procedure concerning the prompt delivery of court judgments (1986) with regard to the delay in the delivery of the first instant judgment. The case was set before the Supreme Court several times for this purpose, some letters were sent by that court to the presiding district judge and an order was issued requiring the latter to deliver judgment. 11. The district court delivered its decision on 29 June 2000 in favour of the applicant awarding damages thereto (amounting to CYP 110,000 plus interest). 12. On 8 August 2000 the defendant filed an appeal with the Supreme Court. 13. The Supreme Court was provided with the records of the first instance proceedings on 2 April 2001. 14. The proceedings were concluded on 21 November 2001 by means of a settlement. Through the settlement the applicant was paid damages amounting to CYP 130,000 along with CYP 6,000 as expenses and interest on both amounts.

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4. The applicant was born in 1959 and lives in Świnoujście, Poland. 5. From 1990 until 1992 the applicant worked for a company in Cyprus as a technician for the installation of elevators in a hotel that was under construction at the time. On 1 June 1992 he was seriously injured following a work related accident and was hospitalised for 40 days. 6. The Cypriot Ministry of Labour instituted criminal proceedings against the company that was found guilty of offences relating to the accident by the District Court of Paphos (31 March 1994) and on appeal by the Supreme Court (23 June 1996). 7. On 17 September 1997 the applicant filed compensation proceedings before the District Court of Paphos against his employers (civil action no. 3449/97). 8. Between 28 November 1997 and 23 October 2000 the case was continuously adjourned and no hearing was held. In particular, two adjournments were granted at the request of the applicant, one at the parties’ request and four at the defendants’ request. The adjournments were mainly for procedural reasons, primarily, the submission of pleadings and various applications and objections thereto. Further, there was a delay regarding the medical examination of the applicant by the defendants’ lawyers. 9. The case was also adjourned by the court itself four times in the above period, inter alia, from 18 October 1999 until 14 March 2000 and from 13 April 2000 until 23 October 2000. Furthermore, within this period, two new judges were appointed to the case. 10. The hearing began on 23 October 2000. Subsequently, between 24 October 2000 and 23 October 2001 the case was adjourned a total of ten times: once at the defendants’ request, once due to the absence of the applicant’s lawyer and eight times at the applicant’s request. 11. On 24 October 2001 the hearing of the second application of the applicant for amendment of his statement of claim was held. The judge set 29 November 2001 as the date of delivery of the decision concerning the application. However, the relevant decision was not ready on that date and thus, the case was set sine die. 12. On 23 May 2002 the decision on the application for amendment was delivered and the trial judge also informed the parties that a new judge would be appointed suggesting therefore that the trial should start anew. 13. Between 23 May 2002 and 2 September 2002 the case was adjourned once due to the absence of the applicant’s lawyer. 14. On 2 September 2002 the parties agreed that the case should be tried anew. 15. On 10 September 2002 the case was put before a new judge and the case was set for mention on 27 September 2002. 16. The case was subsequently adjourned twice so that the parties could reach an agreement on a sum to be deposited as security of costs subsequent to an application by the applicant in this respect and an objection thereto by the defendant. On 22 October 2002 the court set the hearing for 4 and 5 February 2003. 17. On 20 February 2003 the judge recorded an out-of-court settlement that was concluded by the parties for the payment of 16,500 Cypriot pounds (CYP) as damages for the injuries sustained by the applicant plus CYP 3,000 for legal costs.

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4. The applicants were born in 1952 and 1964 respectively and live in Nicosia. 5. On 22 January 1998 the applicants filed a civil action before the District Court of Nicosia against the Bank of Cyprus Ltd concerning a deposit they had allegedly made to the latter in 1993. The applicants stated that, before filing the action, they had complained to the police and to the Attorney-General of the Republic, who they maintained, refused to investigate their case. 6. The pleadings were completed on 16 November 1998 following five adjournments at the defendant’s request, with the applicants’ consent, in relation to the filing of its defence. 7. From 16 November 1998 until 24 February 2003 the case was adjourned four times at the defendant’s request and with the applicants’ consent, twice at the parties’ and once at the applicant’s request. Further, the court adjourned the case six times mainly for the purpose of dealing with other civil actions. For example the case was adjourned from 30 April 1999 until 7 October 1999 and then to 1 February 2000; from November 2000 to 26 March 2001 and from 24 September 2001 until 28 February 2002 for directions. Within this period, the court also dealt with an interlocutory application filed by the defendant in the proceedings. 8. The hearing of the case commenced on 24 February 2003 and concluded on 22 April 2003. Within this period a total of four hearing sessions were held and an interim decision was delivered. 9. On 23 May 2003 the district court delivered its judgment dismissing the applicants’ action with costs to be paid by them.

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4. The applicant was born in 1949 and lives in Limassol. 5. On 10 February 1986 the applicant filed a civil action (no. 702/86) before the District Court of Limassol against three individuals and a company in respect of a contract of sale of an apartment. 6. On 11 September 1987 the case was taken off the trial list, following a request by the applicant’s lawyer and the accord of the defendants’ lawyer, in view of the fact that an application for a winding-up order of the defendant company was pending before the District Court of Nicosia. The court in particular stated that “by consent the action is taken off the trial list to be fixed afresh on the application of either side to the Registrar when the case [was] ready to be heard”. 7. On 29 October 1987 the lawyer of the first three defendants notified the court that the winding-up order had been issued against the defendant company and that the applicant could only continue the action against the latter with the leave of the court. 8. On 19 March 1988 the Official Receiver requested the court not to grant leave for the continuation of the action at that particular time. Thus, the proceedings remained suspended. 9. The action was fixed for a hearing following a letter sent on 9 February 1995 to the court by the lawyer of the first three defendants. 10. Between the above date and 7 March 2002, only two hearing sessions were held. The case was adjourned several times. Five of these adjournments were at the applicant’s request, two due to the absence of his lawyer, three at the parties’ and two at the defendants’ request. The adjournments related to, inter alia, amendments to pleadings and objections thereto and appointment of administrators and new lawyers. The applicant had requested an additional adjournment within this period, which had been rejected by the court. Further, the case was adjourned on the basis of proceedings pending before the Supreme Court, namely, on 15 September 1998 by an order of the Supreme Court pending its determination of applications by the applicant for certiorari and prohibition until the decision was adopted on 18 March 1999, and, secondly, pending the determination of an appeal lodged by the applicant on 6 February 2001 against the decision by the district court dismissing an application for an amendment of his statement of claim. The Supreme Court rejected his latter appeal on 21 February 2002. The case also appears to have remained dormant from 14 May 1996 and 31 October 1997. 11. From 8 March 2002 until 26 March 2002 three hearing sessions took place and one session of oral submissions. 12. By a judgment dated 23 May 2002, the District Court dismissed the action concerning three of the defendants but found in favour of the applicant regarding the defendant company. 13. On 2 July 2002 the applicant filed an appeal against the first instance judgment. The appeal was heard on 21 March 2003, following one adjournment at the defendants’ request with the applicant’s consent. 14. On 21 April 2003 the Supreme Court rejected the appeal and confirmed the findings of the district court.

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4. The applicants were born in 1925 and 1937 respectively and live in Limassol. 5. On 30 April 1990 a civil action was lodged against the applicants before the District Court of Nicosia, in their capacity as administrators of the estate of Mr K. Kynigos, concerning a contract of sale of property the latter had concluded with the plaintiffs. 6. The pleadings were completed by 7 December 1990. 7. Between the above date and 12 May 1997, the case was continuously adjourned. Two adjournments were at the applicants’ request; four took place due to the failure of the applicants’ lawyer to appear before the court and six at the request of both parties. Further, within this period the case was adjourned five times by the court itself, namely in 26 March 1993 until 6 April 1993, on 19 November 1993 until 11 April 1994 and then again to 13 October 1994; on 11 October 1995 the court adjourned the case until 4 March 1996 and then again until 30 September 1996. 8. The hearing commenced on 12 May 1997 and was completed after several sessions on 6 July 1999, with two adjournments at the plaintiffs’ request and three at the applicants’. 9. On 30 November 1999 the district court delivered its judgment finding in favour of the plaintiffs. 10. On 11 January 2000 the applicants filed an appeal against the judgment. 11. The file of the case was transmitted to the Supreme Court on 8 February 2001. 12. The appeal was dismissed on 8 June 2001 by the Supreme Court for failure of the applicants to submit their outline address within the required time-limit. 13. On 17 July 2001 the applicants lodged an application for the reinstatement of the appeal. 14. The appeal was heard on 1 February 2002 following one adjournment by the court and on 21 May 2002 the Supreme Court dismissed the applicants’ application.

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4. The applicants were born in 1945 and 1930 respectively and live in Nicosia. 5. The applicants lodged two separate civil actions before the District Court of Paphos on 19 September and 8 November 1985 (actions 1621/85 and 1961/85). In both actions the applicants sought remedies against two defendants in respect of trespass and nuisance to their respective properties. 6. From the institution of the proceedings until 1 January 1989 the court dealt with applications by the applicants for substituted service of the writs, and two applications by the second applicant in her action for an interim order and in respect of a boundary dispute. The pleadings in both actions were completed in October and November 1987. 7. On 9 January 1989 the actions were fixed for directions and were then adjourned to give more time to the parties to decide on whether an inspection of the property should be carried out. 8. On 20 February 1989, with the consent of all the parties, the district court ordered the inspection of the properties concerned by the District Land Office (DLO). Consequently, the actions were adjourned sine die pending the inspection to be fixed on the application of either party upon completion. 9. Following an application by one of the defendants to the court for the joining of the actions on 19 November 1991, and the opposition by the first applicant thereto, the court decided to join the actions on 31 March 1992. Within this period two adjournments took place at the applicants’ request. 10. In view of the fact that the inspection had not been completed yet, the actions were adjourned sine die. 11. Although the actions were fixed for trial several times between 13 January 1995 and 19 October 1995, no hearing took place pending the findings of the DLO. Within this period, three adjournments took place due to the first applicant’s absence. 12. It appears that the parties and the court were informed on 26 September 1995 that the inspection had been carried out. 13. On 19 October 1995 the hearing was adjourned at the applicants’ request. 14. The hearing of the actions commenced on 30 January 1996. From that date until 11 June 1998 approximately sixteen hearing sessions were held, two of which were adjourned and one cut short at the applicants’ request. In the meantime, it appears that the DLO’s inspection was annulled and following another examination of the matter the parties were informed on 3 October 1996 that the DLO’s findings were ready. 15. On 10 December 1998 the Paphos District Court delivered its judgment dismissing the actions with costs to be paid by the applicants. 16. On 9 January 1999 the applicants lodged an appeal with the Supreme Court challenging the above judgment. Within their grounds of appeal, the applicants alleged that the excessive length of the proceedings was in breach of the Cypriot Constitution and European Convention on Human Rights. Consequently, they claimed that the first instance decision should be set aside. 17. Meanwhile, on 8 March 1999, the applicants also applied to the District Court of Paphos challenging the assessment of legal costs they were required to pay. This application was dismissed on 9 July 1999. 18. The records concerning the first instance proceedings were transmitted to the Supreme Court on 29 June 1999 and the parties were notified on 31 August 1999 that the appeal had been fixed for pre-trial directions on 26 October 1999. The appeal was adjourned four times at the applicants’ request for the purposes of amending their notice of appeal. 19. Their amended notice was filed on 30 June 2000 and the filing of the address outlines was completed by 6 November 2000. 20. The hearing of the appeal took place on 23 January 2001 and judgment was delivered on 1 November 2001 dismissing the appeal with costs against the applicants. The Supreme Court having examined, inter alia, the applicants’ complaint as to the length of the proceedings, considered that in the circumstances of the case the delay in the examination of the actions did not affect the applicants’ rights and did not justify the annulment of the first instance judgment. In this context the Supreme Court noted that the delays in the first part of the proceedings lasting until the beginning of the actual trial, were mainly due to the long time the DLO took in carrying out the inspection and completing its report and, secondly, to delays by the parties, particularly the applicants, in submitting their pleadings (between 1985 and 1989). Following the start of the trial, the court noted the complexity of the issues raised in the actions that involved the examination of numerous witnesses and the adjournments requested primarily by the applicants.

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4. The applicant was born in 1945 and lives in Nicosia. 5. On 20 October 1987 the applicant filed a civil action in the District Court of Paphos against two private individuals and the Government requesting damages in respect of unlawful trespass to his property and the increased costs he incurred as a result. 6. The pleadings were completed around February/March 1989. Subsequently the case was fixed twice for mention and then for hearing on 3 October 1989, at the parties’ request for a hearing date after the summer holidays. The hearing, however, was adjourned on the latter date following an application by the applicant to that effect. 7. On 14 November 1989, following an application by the applicant, the court issued an order for an inspection to be carried out by the Land Registry Office. The case was left sine die pending the outcome of the inspection. 8. On 8 January 1993 the Land Registry informed the court that their report was ready. 9. Between 8 January 1993 and 18 March 1997 the case was adjourned several times. Once at the applicant’s request and three times due to the failure of his lawyer to appear before the court, once by one of the defendants, three times at the request of all parties and once by the court itself. Within this period, the court also dealt with, inter alia, an interlocutory application filed by the defendant Government on 12 October 1995 for the dismissal of the case on the basis of lack of jurisdiction. On 8 November 1995 the court dismissed this application. An appeal was lodged by the defendant Government with the Supreme Court which was withdrawn on 21 February 1997. 10. On 18 March 1997 the case returned to the District Court of Paphos and was set for hearing on 30 June 1997. Following two adjournments, one at the applicant’s request and the other at one of the defendant’s request, the hearing of the case commenced on 10 December 1997. 11. The hearing was completed on 22 October 1998. Within this period, approximately ten hearing sessions were held. 12. On 20 September 1999 the district court delivered its judgment in favour of the applicant concerning his claims against the first two defendants and awarding him costs and nominal damages. The court dismissed the action in so far as the Government was concerned. 13. On 1 November 1999 the applicant lodged an appeal with the Supreme Court. 14. The appeal was heard on 24 April 2001 and on 26 June 2001 the Supreme Court rejected his appeal with costs to be paid by him.

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4. The applicants live in Mersin. 5. On 27 March 1996 the General Directorate of National Roads and Highways expropriated two plots of land belonging to the applicants in Mersin in order to build a motorway. A committee of experts assessed the value of the plots of land and the relevant amount was paid to the applicants when the expropriation took place. 6. Following the applicants’ request for increased compensation, on 14 October 1997 the Mersin Civil Court of First-instance awarded them additional compensation of 1,503,941,200 Turkish liras (TRL), plus interest at the statutory rate, applicable at the date of the court’s decision, running from 25 May 1994, the date of the seizure of the plots by the General Directorate of National Roads and Highways. 7. On 16 February 1999 the Court of Cassation upheld the judgment of the Mersin Civil Court of First-instance. 8. On 16 May 2000 the General Directorate of National Roads and Highways paid the applicants TRL 4,442,320,000 (approximately 7,694 euros (EUR), interest included.

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9. The applicant was born in 1970 and lives in İzmir. 10. Until 1985 he lived in Germany, where he completed part of his schooling. He subsequently moved to Turkey, where he continued his education, eventually going on to university. 11. In 1993 he became an active member of the Association of Opponents of War (Savaş Karşıtları Derneği – “the SKD”), founded in 1992. Until late 1993 he represented the SKD at various international conferences in different countries. After the SKD was dissolved in November 1993 the İzmir Association of Opponents of War (İzmir Savaş Karşıtları Derneği – “the ISKD”) was founded and the applicant served as its chairman from 1994 to 1998. 12. In August 1995 the applicant was called up. Invoking his pacifist convictions, he refused to perform military service and publicly burned his call-up papers at a press conference in İzmir on 1 September 1995. 13. On 8 October 1996 he was arrested. On 18 October 1996 he was indicted by the military prosecutor attached to the Ankara Military Court of the General Staff (“the General Staff Court”), under Article 155 of the Criminal Code and Article 58 of the Military Penal Code, on a charge of inciting conscripts to evade military service. 14. In a judgment of 28 January 1997 the Ankara General Staff Court sentenced the applicant, on the basis of the indictment of 18 October 1996, to six months’ imprisonment and to a fine. The court also found that the applicant was a deserter and made an order requesting the military prosecutor attached to that court to enlist him. 15. On 3 March 1997 the applicant lodged an appeal on points of law. In his grounds of appeal he relied on, among other provisions, Articles 9 and 10 of the Convention, claiming that he was a conscientious objector. 16. In a judgment of 3 July 1997 the Military Court of Cassation upheld the first-instance judgment. 17. In the meantime, on 22 November 1996, the applicant was transferred to the 9th Regiment, attached to the Bilecik gendarmerie command. He refused to wear military uniform or carry out the orders of the regiment’s commanding officer. He was detained in the regimental prison, where he refused to wear prison uniform. 18. On 26 November 1996 the military prosecutor at the Court of the Eskişehir Tactical Air Forces Command (“the Command Court”) indicted the applicant on a charge of “persistent disobedience” and sought his conviction under Article 87 of the Military Penal Code. 19. Ruling on the applicant’s refusal to wear prison uniform, the Command Court, in a judgment of 2 December 1996 after urgent proceedings, restricted his right to receive visitors for fifteen days, as a disciplinary measure. 20. Ultimately, in a judgment of 6 March 1997, the Command Court sentenced him to five months’ imprisonment for persistent disobedience. 21. On 4 July 1997 the Military Court of Cassation upheld the judgment of 6 March 1997. 22. In the meantime, the applicant had failed to rejoin his regiment after being released on 27 December 1996. He was arrested and remanded in custody. 23. He was indicted on 7 March 1997 by the military prosecutor at the Command Court, on charges of desertion and “persistent disobedience”. 24. In a judgment of 23 October 1997 the Command Court sentenced the applicant to ten months’ imprisonment and to a fine. 25. In the meantime, on 29 May 1997, he had been released on the condition that he rejoined his regiment on 31 May to perform his military service. As he failed to do so he was arrested on 9 October 1997 and transferred to Eskişehir prison to serve the sentence imposed by the Command Court on 6 March 1997. 26. In an indictment of 16 October 1997 the military prosecutor at the Command Court called for the applicant’s conviction for desertion between 31 May 1997 and 9 October 1997. 27. In a judgment of 22 January 1998 the Command Court sentenced the applicant to ten months’ imprisonment on the basis of the charges in the bill of indictment. 28. In a judgment of 30 September 1998 the Military Court of Cassation upheld the judgment of 22 January 1998. 29. On 26 January 1998 the applicant was escorted to his regiment at Bilecik. He was arrested for refusing to wear military uniform. 30. In a judgment of 11 June 1998 the Command Court sentenced him to seven months and fifteen days’ imprisonment on account of incidents that had occurred on 28 January 1998. 31. On 7 October 1998 the Military Court of Cassation upheld the judgment of 11 June 1998. 32. After being escorted back to his regiment on 20 March 1998, the applicant was arrested on 21 March 1998 for refusing to wear his military uniform. 33. In a judgment of 4 May 1998 the Command Court sentenced him to seven months and fifteen days’ imprisonment for “persistent disobedience” on 20 and 21 March 1998. 34. In a judgment of 7 October 1998 the Military Court of Cassation upheld the judgment of 4 May 1998. 35. In the meantime, on 4 May 1998, the applicant was sent back to his regiment, where he refused to wear military uniform. 36. In a judgment of 11 June 1998 the Command Court sentenced him to seven months and fifteen days’ imprisonment on account of the incidents of 4 May 1998. 37. In a judgment of 7 October 1998 the Military Court of Cassation upheld the first-instance judgment of 11 June 1998. 38. The applicant was released on 24 November 1998 and transferred to his regiment, but once again refused to wear military uniform. 39. He was prosecuted and arrested on account of the incidents of 24 November 1998, and on 26 November 1998 the Command Court sentenced him to seven months and fifteen days’ imprisonment. 40. In a judgment of 22 September 1999 the military Court of Cassation upheld the judgment of 26 November 1998. 41. The applicant served a total of 701 days in prison as a result of the above sentences, with the exception of the prison sentence imposed after his last conviction. He is wanted by the security forces for the execution of his sentence and is currently in hiding. He is no longer active in the association or in any other political activity. He has no official address and has broken off all contact with the authorities. He has been accommodated by his fiancée’s family. He has been unable to marry her legally or to recognise the son born to them.

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4. The applicant was born in 1944 and lives in Mersin. 5. On 2 November 1993 the General Directorate of National Roads and Highways expropriated a plot of land belonging to the applicant in Mersin in order to build a motorway. A committee of experts assessed the value of the plot of land and the relevant amount was paid to the applicant when the expropriation took place. 6. Following the applicant’s request for increased compensation, on 25 April 1997 the Mersin Civil Court of First-instance awarded him additional compensation of 305,201,400 Turkish liras (TRL), plus interest at the statutory rate, applicable at the date of the court’s decision, running from 2 November 1993, the date of transfer of the title-deeds. 7. On 23 March 1998 the Court of Cassation upheld the judgment of the Mersin Civil Court of First-instance. 8. On 17 May 2000 the General Directorate of National Roads and Highways paid the applicant TRL 1,167,070,000, interest included.

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5. The applicants were born in 1960, 1969, 1951, 1961 and 1964 respectively and live in İzmir. 6. On 2 June 1995 Nedim Öndeş, Arap Doğan, Ferhan Özçelik and Selhan Tekin were arrested and taken into custody by the Anti-Terror branch of the İzmir Security Directorate on suspicion of aiding and abetting an illegal organisation. On 6 June 1995 Yahya Kezer was arrested and taken into custody by the same police officers on the same grounds. 7. On 14 June 1995 the applicants were brought before the İzmir State Security Court. The court ordered their remand in custody. 8. On 10 July 1995 the public prosecutor at the İzmir State Security Court filed a bill of indictment accusing Yahya Keser and Nedim Öndeş of membership of an illegal organisation and the other applicants of aiding and abetting an illegal organisation. He requested that Yahya Keser and Nedim Öndeş be convicted and sentenced under Article 168 §2 of Criminal Code and Article 5 of Law no. 3713. In respect of the other applicants, the public prosecutor requested that they be convicted and sentenced under Article 169 of Criminal Code and Article 5 of Law no. 3713. 9. On 22 July 1997 the İzmir State Security Court convicted the applicants as charged and sentenced Yahya Keser to fifteen years, Nedim Öndeş to fourteen years and seventeen months, Arap Doğan to two years and eleven months and Ferhan Özçelik and Selhan Tekin to three years and nine months’ imprisonment. 10. On 7 July 1998 the Court of Cassation quashed the judgment of the İzmir State Security Court for non-compliance with procedural rules. 11. On 3 December 1998 the İzmir State Security Court convicted the applicants as charged and sentenced Yahya Keser to fifteen years’ imprisonment, Nedim Öndeş to fourteen years’ and seventeen months’ imprisonment and the other applicants to three years’ and nine months’ imprisonment. 12. On 18 October 1999 the Court of Cassation held a hearing and upheld the judgment of the İzmir State Security Court. On 18 November 1999 the judgment of the Court of Cassation was deposited with the registry of the İzmir State Security Court.

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4. The applicant was born in 1953 and lives in Wiśniowa, Poland. 5. On an unspecified date in 1989 the applicant’s father lodged an application with the Myślenice District Court (Sąd Rejonowy) for distribution of the inheritance from his late wife. The applicant was a participant in the proceedings. 6. Between October 1989 and December 1992 the court held four hearings. 7. On 19 February 1993 the court ordered that expert evidence be obtained. 8. On 26 May 1993 four of the participants challenged the expert opinion. 9. On 2 November 1994 the applicant submitted her own proposal to the court for distribution of inheritance. 10. On 15 November 1994 the expert submitted his new opinion. 11. At a hearing on 19 January 1995 the court proposed that the participants conclude a friendly settlement. Only two of the participants accepted the court’s proposal. 12. At a hearing on 23 March 1995 the court ordered that new expert evidence be obtained. It also ordered the participants to pay an advance to cover the costs of the preparation of an expert report.. 13. On 17 September 1997 the court decided that, as the participants had failed to comply with the order of 23 March 1995, the costs of the preparation of expert opinions would be temporarily covered by the court. 14. Between 17 January 1996 and 16 July 1998, J.M., one of the participants in the proceedings, unsuccessfully challenged the presiding judge four times. 15. On 2 October 1998 and 4 March 1999 the court appointed experts to prepare opinions on agriculture and forestry. The experts submitted their reports on 12 November 1998 and 21 March 1999 respectively. 16. On November 1999 the court held a hearing. 17. On 30 November 1999 the Myślenice District Court gave judgment. 18. On 27 March 2000 the Kraków Regional Court (Sąd Okręgowy) dismissed the applicant’s appeal. 19. On 28 June 2001 the Supreme Court (Sąd Najwyższy) refused to deal with her cassation appeal.

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8. The applicant was born in 1974 and lives in Diyarbakır. 9. On 1 June 1994 the applicant was taken into custody by policemen from the Anti-Terrorism Branch of the Diyarbakır Security Directorate on suspicion of his membership of an illegal organisation, namely the Workers’ Party of Kurdistan (“the PKK”). 10. On 2 June 1994 the applicant was examined by a doctor at the Bismil Health Clinic who reported that there was no sign of ill-treatment on the applicant’s body. 11. In his police statement dated 6 June 1994, which was allegedly taken under duress, the applicant stated he had disseminated propaganda and collected money in support of the PKK, of which he was a member. He further admitted that he owned an unlicensed gun. 12. On 7 June 1994 the applicant was once again taken to the Diyarbakır State Hospital for a medical examination. The report indicated that he did not bear any signs of ill-treatment. 13. On the same day, the applicant was further interrogated by the public prosecutor at the Diyarbakır State Security Court. Before the public prosecutor, the applicant denounced his police statement, alleging that it had been made under duress. While admitting that he owned an unlicensed gun, he denied being a member or engaging in the activities of the PKK. The applicant was subsequently brought before the investigating judge at the Diyarbakır State Security Court, where he repeated his statement taken by the prosecutor. Taking into account the seriousness of the allegations, the judge ordered the applicant’s detention on remand. 14. By an indictment dated 13 June 1994, the public prosecutor at the Diyarbakır State Security Court initiated criminal proceedings against the applicant. He accused the applicant of membership of the PKK, and called for the applicant’s conviction under Article 168 § 2 of the Criminal Code. 15. The trial commenced before the Diyarbakır State Security Court. In the subsequent nine hearings the court, taking into account the nature of the alleged offence and the state of the evidence, refused to release the applicant on bail. 16. On 4 September 1996, during the tenth hearing, the court ordered the applicant’s release pending trial. 17. The same day, while waiting to be released from the Gaziantep Prison, the applicant was taken into police custody by members of the Gaziantep Security Directorate. On 7 September 1996 the applicant was handed over to police officers from the Diyarbakır Security Directorate and he was taken to the building of the Rapid Action Force for interrogation. 18. The applicant alleges that he was ill-treated there. He submits that he was stripped naked, beaten, hosed with cold water, hung by his arms and subjected to electric shocks. The police officers questioned him about his involvement with the PKK. They read out an internal PKK report, which was allegedly written by the applicant. The officers told the applicant that this document had been found among the belongings of a PKK member, who had been killed during a clash with the security forces. The officers also questioned the applicant about four armed attacks which had taken place in Bismil in 1994. On 18 September 1996, together with the applicant, the officers made on-site inspections of the crime scenes. The applicant states that he was forced to sign the incident reports which had been prepared by the police officers. The police also took samples of the applicant’s handwriting. 19. On 19 September 1996 the applicant was taken to the Diyarbakır State Hospital for a medical check. The doctor reported that there were no signs of ill-treatment on the applicant’s body. He was subsequently brought before the investigating judge at the Diyarbakır State Security Court where he denied having participated in any armed attacks. The applicant also denounced his police statement, alleging that it had been extracted from him under duress. The applicant further denied writing the PKK report. Considering the seriousness of the allegations against him, the investigating judge ordered the applicant’s detention on remand. 20. On 26 September 1996 the prosecutor at the Diyarbakır State Security Court filed an indictment, accusing the applicant and four other persons of aiding and abetting the PKK and of having carried out a number of armed activities on behalf of that organisation. In support of these accusations, the prosecutor referred to the PKK report that was allegedly drawn up by the applicant and the incident reports dated 18 September 1996. The prosecutor asked the court to prosecute and convict the applicant pursuant to Article 125 of the Criminal Code. 21. On 3 October 1996 the Diyarbakır State Security Court commenced the second set of criminal proceedings against the applicant. 22. On 4 November 1996, during the second hearing, the applicant denied the accusations against him and stated that he had not written the PKK report. He asked the court to obtain a forensic report. The court, taking into account the nature of the alleged offence and the state of the evidence, decided that the applicant should be kept in detention on remand. 23. Subsequently, on 23 December 1996, 24 February 1997, 28 April 1997, 17 June 1997 and 28 August 1997, the court refused to release the applicant, relying on the seriousness of the offence and the evidence in the case file. 24. On 3 November 1997, during the seventh hearing, the trial court decided to join the two ongoing criminal proceedings against the applicant. The court further ordered that the applicant’s detention on remand be continued. 25. On 8 December 1997, during the eighth hearing, the court decided to send the PKK report and samples of the applicant’s handwriting to the Forensic Institute for examination. Taking into account the seriousness of the offence and the evidence in the case file, the Court ordered that the applicant’s detention on remand be continued. 26. On 10 February 1998 the applicant submitted a letter to the trial court. Referring to Articles 5 and 6 of the Convention, he requested to be released. The court refused this request. 27. The applicant’s two further requests for release were also rejected for similar reasons by the trial court during the tenth and eleventh hearings, which took place on 16 April 1998 and 16 June 1998. 28. On 8 July 1998 the Forensic Institute finalised its report, finding that the document submitted by the Diyarbakır State Security Court for examination had been written by the applicant. It appears that this forensic report was not brought to the attention of the trial court until the thirteenth hearing, which was held on 20 October 1998. 29. The following six hearings, which took place between 25 December 1998 and 14 September 1999, were all postponed as one of the prosecution witnesses failed to appear before the trial court to give evidence. At the end of each hearing, the court extended the applicant’s detention on remand, taking into account the nature of the offence and the state of the evidence. 30. On 15 February 2000 the State Security Court delivered its judgment. While noting that the applicant had alleged that his police statement had been taken under duress, the court did not determine this issue in its judgment. The court considered that there was insufficient evidence to conclude that the applicant had carried out the armed attacks as alleged in the indictment. However, it held that there was sufficient evidence to conclude that he was a member of the PKK. Accordingly, the court sentenced the applicant to twelve years and six months’ imprisonment, pursuant to Article 168 § 2 of the Criminal Code. 31. On 22 January 2001 the Court of Cassation quashed the judgment on the ground that the first-instance court had not carried out a thorough examination of the case before reaching its decision. 32. On 13 April 2001 the Diyarbakır State Security Court commenced the re-trial of the applicant. 33. During the subsequent nine hearings that took place on 5 July 2001, 18 September 2001, 27 November 2001, 5 February 2002, 2 April 2002, 4 June 2002, 25 July 2002, 12 September 2002 and 22 October 2002, the court, relying on the state of the evidence and the nature of the offence, refused to release the applicant. 34. On 10 December 2002 the court delivered its judgment. It noted the applicant’s complaint that he had been forced to make confessions during police custody. However, having regard to the content of the case file, the court found it established that the applicant was a member of the PKK. It accordingly sentenced him to twelve years and six months’ imprisonment, pursuant to Article 168 § 2 of the Criminal Code. Taking into account the period he had already spent in detention on remand, the court decided to release the applicant. 35. On 3 March 2003 the applicant appealed against the judgment. In challenging the decision of the first-instance court, the applicant’s representative referred to the ill-treatment to which the applicant had been subjected in custody. In particular, he maintained that the applicant had been stripped naked, beaten, hosed with cold water, subjected to electric shocks and hung by his arms. 36. On 17 December 2003 the Court of Cassation, upholding the Diyarbakır State Security Court’s reasoning and assessment of evidence, rejected the applicant’s appeal.

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4. The applicant was born in 1955 and lives in Płock, Poland. 5. On 7 March 1992 the applicant asked the Częstochowa District Court (Sąd Rejonowy) for a payment order against the “Westa” insurance company. 6. The court refused the application on 22 June 1992. 7. On 15 September 1992, on the applicant’s appeal, the Częstochowa Regional Court (Sąd Wojewódzki) remitted the case. 8. On 15 December 1992 the District Court upheld its original decision. 9. On 25 March 1993 the Częstochowa Regional Court dismissed the applicant’s further appeal. 10. The case was subsequently examined by the District Court in ordinary civil proceedings. 11. On 7 July 1993 the court stayed the proceedings because bankruptcy proceedings had been initiated against the defendant (that decision is obligatory under Polish civil procedure). 12. On 14 December 1993 the Regional Court dismissed the applicant’s appeal against that decision. 13. The applicant unsuccessfully asked the court several times to resume the proceedings. 14. The court resumed the proceedings on 13 September 1996. 15. Hearings were scheduled for 23 October 1996 and 8 July 1997. 16. On 4 August 1997 the court ordered that expert evidence be obtained. It also ordered the applicant to pay an advance sum of money to cover the costs of the preparation of an expert report. 17. On 16 April 1998 the court stayed the proceedings because the applicant had not paid the advance sum required. 18. The applicant appealed against that decision. He maintained that, according to the established case-law of the Supreme Court (Sąd Najwyższy), a party’s failure to pay in advance costs of an expert opinion is not a sufficient ground for staying the proceedings. 19. On 29 July 1998 the Regional Court dismissed the appeal. 20. On 30 September 1999 the District Court resumed the proceedings and, on the same day, partly granted the applicant’s claim. 21. On 12 September 2000 the Regional Court amended the first-instance judgment and partly granted the claim. Due to the value of the claim a cassation appeal was not available in this case.

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9. The applicant was born in 1976 and lives in Nizhniy Novgorod. At the relevant time he was a police officer in the road traffic department. On 8 September 1998, while off duty, he and his friend F met MS, a teenage girl, in Bogorodsk, in the Nizhniy Novgorod region. The applicant gave MS a lift in his car to Nizhniy Novgorod. 10. On 10 September 1998 MS’s mother informed the Bogorodsk municipal police of her daughter’s disappearance. At 4 p.m. on the same day, the applicant was arrested. F was also arrested and brought to Bogorodsk police station. The applicant and F were questioned by police officers in relation to the disappearance of MS. However, no charge was brought against them. Following the questioning, the police seized the applicant’s identity card and other documents and put him in the detention wing. 11. On the evening of 10 September 1998 the applicant’s superior officer came to the applicant’s cell and forced him to sign a resignation statement backdated to 17 August 1998. 12. On 11 September 1998 the police searched the applicant’s flat, country house, garage and car. They found three gun cartridges in his car. 13. On 12 September 1998 three officers from Bogorodsk municipal police, N, T and D, filed an “administrative offence report” with a judge of Bogorodsk Town Court. The report stated that on the evening of 11 September 1998 the applicant and F had committed a “disturbance of the peace” at the railway station. On the same date the judge sentenced the applicant and F to five days’ administrative detention from 11 September 1998. 14. According to the applicant, while in detention in Bogorodsk police station, he had been repeatedly questioned about the disappearance of MS. He denied any involvement in her disappearance. He said that he had requested a lawyer on many occasions, but that his request had been refused. 15. On 16 September 1998 the police opened a criminal investigation relating to the ammunition found by the police during the search of 11 September 1998 (criminal case no. 68205). By this time the term of the applicant’s administrative detention had expired and the applicant had been placed in custody in connection with the criminal case. He was transferred to another detention centre, under the jurisdiction of Leninskiy police department, who were in charge of the case. 16. The applicant submitted that after his transfer to the detention centre the questioning had become more intensive and even violent. For instance, on several occasions the police officers had slapped him and threatened him with torture in order to extract a confession that he had killed MS. In particular, they had threatened to apply electric shocks to him or place him in a cell with “hardcore criminals” who would kill him if they learned he was a police officer. 17. On 17 September 1998 the applicant was visited by a lawyer hired by the applicant’s mother several days earlier in connection with criminal case no. 68205. According to the applicant, during the conversation with the lawyer he had mentioned that the real reason for his detention was the disappearance of MS. However, the lawyer replied that she could not take on another case that she had not been paid for. The next day, according to the applicant, the police investigator banned all visits by the lawyer to the applicant. 18. Meanwhile, F testified to the police that he had seen the applicant rape and kill MS. He indicated to the investigators the place where they had allegedly hidden the body of MS. A group of policemen went there, but nothing was found. 19. On 19 September 1998 the applicant was questioned at Leninskiy police station in the presence of several police and prosecution officials, including I (the senior police investigator), S (deputy head of the local office of the Ministry of the Interior), MR (the deputy regional prosecutor), the Bogorodsk town prosecutor, and a number of policemen of the Leninskiy police department. 20. The applicant alleged that he had been subjected to torture in order to make him corroborate F’s confession. According to the applicant, while he was sitting handcuffed on a chair, police inspectors K and O had administered electric shocks to his ears through metal clips connected by a wire to a box. The applicant had been tortured several times in this way. The applicant had also been threatened with severe beatings and application of an electric current to his genitals. One of the police officers had told him that the current could cause his tongue to fall back into his throat, from where it could be extracted only by means of a safety pin. 21. According to the applicant, the officials from the prosecutor’s office had not been present in the room where he had been tortured with electrodes. However, he had twice been brought to another room in the police station, where he had been repeatedly questioned by those officials, notably MR. The applicant had complained to MR about the ill-treatment, but the latter had not reacted, and when the applicant again refused to confess to murdering MS, MR had ordered the police officers to take the applicant “back to where he came from”. 22. The applicant submitted that, unable to withstand the torture and left unattended for a moment, he had broken free and jumped out of the window of the second floor of the police station in order to commit suicide. He had fallen on a police motorcycle parked in the courtyard and broken his spine. 23. The applicant, accompanied by inspector K, was immediately taken to Hospital no. 33 of Novgorod Region, where he was examined by Dr M, who established various injuries caused by his fall from the window, affecting in particular his vertebral column and locomotor system. 24. On the same day the applicant was transferred to Hospital no. 39. His mother arrived at the hospital and asked Dr K to include burns to the applicant’s ears in his medical record. However, her request was refused. She also submitted a request to Dr S, who was in charge of the applicant’s case, and to the head doctor of the hospital, asking that the burns be recorded. She received no answer to her requests. 25. On 19 September 1998, the day of the applicant’s fall from the window, MS returned home unharmed. She explained that on the night of 8 September 1998 the applicant had offered her a ride in his car. She had agreed. When they had arrived in Nizhniy Novgorod, he had suggested that she could spend the night at his place, but she had refused and the applicant had let her go. MS had gone to friends living in Nizhniy Novgorod, where she had spent several days, without letting her mother know were she was. 26. On 21 September 1998 the applicant’s detention was formally discontinued. On 22 September 1998 the applicant underwent spinal surgery. He remained in hospital until 3 February 1999. On 25 September 1998 criminal case no. 22346 concerning the alleged rape and murder of MS was closed. However, the applicant became a suspect in another criminal case – no. 22414, in which he was charged with the abduction of MS. 27. On 1 March 1999 the criminal investigation into the illegal possession of the gun cartridges was discontinued, on the ground that at the time of their discovery the applicant had been a police officer and, therefore, had had the right to possess the ammunition. On 1 March 2000 (the Government indicated a different date – 10 May 2000), the case concerning the alleged abduction of MS was also discontinued on the ground that the applicant had freed MS at her request. 28. On 21 September 1998 an investigator from the Leninskiy district prosecutor’s office instituted a criminal investigation into the applicant’s fall from the window of the police station on 19 September 1998 (case no. 68241). 29. The investigator questioned five police officers from the Leninskiy district police who had participated in the questioning on 19 September 1998. They stated that they had not ill-treated the applicant or seen him being ill-treated. The police officers said that, in the course of the interview, inspector K had told the applicant that his friend F had testified to having seen the applicant rape and murder MS, and that it would be wise for him to confess. The interview had then been interrupted for a tea break. While the officers had been busy preparing tea, the applicant had suddenly jumped out of his chair, run to the window, broken the glass and fallen out. 30. The investigator also questioned F, who submitted that no pressure had been exerted on him to make a false statement about the applicant. F stated that he had implicated the applicant out of fear of being accused of bringing about the disappearance of MS. 31. The investigator further questioned Dr K from Hospital no. 39, who had examined the applicant after the accident of 19 September 1998. The doctor confirmed that on the day of the accident the applicant’s mother had mentioned some electrical burns on her son’s ears. However, all the applicant’s injuries had been caused by his fall from the window. According to the medical record, the applicant had no electrical burns to his ears. 32. B, the applicant’s ward-mate in Hospital no. 39, was also questioned by the investigator. B spoke of burns and abrasions to the applicant’s ears which may have been caused by an electrical discharge. B stated that he had worked as an electrician and therefore knew what burns from an electrical current looked like. 33. The investigator ordered a forensic medical examination of the applicant. The forensic report, drawn up on 26 October 1998, stated that the applicant had wounds on the top of his head, scratches on his forehead and bite marks on his tongue. No burns or other traces of the use of electrical current were recorded. 34. On 21 December 1998 the investigator discontinued the criminal proceedings against the police officers for lack of evidence of a crime. The investigator found that the applicant had been arrested on 10 September 1998 in connection with the disappearance of MS. On 11 September 1998 the police had carried out a search of the applicant’s car and found three gun cartridges. On the same day the applicant and F had been released. However, shortly after their release inspector N of the Bogorodsk police had identified certain factual gaps in their written submissions. Inspectors N and D had followed the applicant and found him at the town’s railway station. The applicant had been disturbing passers-by by addressing them with obscene language. As a result the applicant had been arrested again and on the next day made the subject of an administrative arrest for disturbance of the peace. On 16 September 1998 a new criminal case had been opened against the applicant in relation to the gun cartridges found in his car. On 19 September 1998 a detention order had been issued against the applicant on this new ground. On the same day he had been transferred to Leninskiy district police station, where he had been questioned by several police officers, including inspectors K and O. After the interview the applicant had suddenly jumped out of his chair, broken the window and fallen out. He had been brought immediately to Hospital no. 39. On the same day MS had returned home. 35. The investigator referred further to the testimonies of the police officers and Dr K, the medical records of Hospital no. 39 and the forensic medical report of 26 October 1998. He also referred to the opinion of a medical expert, S, which stated that the application of an electrical current might leave burns on the skin. The investigator disregarded the testimony of B on the basis that the latter “had no specialist medical knowledge”. The investigator came to the conclusion that the applicant’s allegations of torture were unsubstantiated, describing them as a “defence mechanism” in response to the situation in which he had attempted suicide. 36. On 25 January 1999 the regional prosecutor’s office reopened the case and handed it to the same investigator for further investigation. On 25 February 1999 the investigator, referring to the same evidence as before and using identical wording, discontinued the proceedings again. He added that the investigative measures referred to by the senior prosecutor in his decision of 25 January 1999 had already been taken in 1998. Given the state of the applicant’s health, it was impossible to carry out new investigative measures, such as confrontations or forensic examinations. 37. On 1 December 1999 the same supervising prosecutor reopened the case and ordered certain additional investigative measures, including a medical examination of the applicant and a confrontation between the applicant and the police officers who had allegedly tortured him. The case was transferred to another investigator. On 24 February 2000 the investigator discontinued the proceedings, basing his decision on the same reasoning as in the decision of 21 December 1998. 38. On 10 March 2000 the same supervising prosecutor reopened the case for the third time and handed over the file to another investigator. 39. This time the applicant’s mother was questioned. She stated that on 19 September 1998 she had arrived at the hospital and had seen that her son’s ears had been injured. She had asked that the injuries be recorded but the request had been refused by the hospital doctor, because “they had been given instructions to that effect”. 40. The investigator also questioned a hospital attendant and four doctors from Hospital no. 39, who all denied that the applicant had had injuries other than those caused by his falling out of the window. One of the patients in Hospital no. 39, where the applicant had been brought after the accident, confirmed that the applicant had told him about the torture with electrodes; however, the patient stated that he had seen no traces of any injuries on the applicant’s ears. F, who had visited the applicant in hospital, stated that the applicant had told him about the torture, but F had seen no signs of torture on him. 41. A further witness, the senior officer of the traffic police department where the applicant had served before his arrest, provided the investigator with a “psychological profile” of the applicant, describing the applicant as having a weak personality. The investigator also obtained the results of a psychological test which the applicant had undergone upon his appointment to the traffic police. The test revealed that the applicant “had a tendency to avoid conflict and was a vulnerable person, susceptible to outside influences”. 42. On 21 July 2000 the proceedings were discontinued. The investigator concluded that the applicant had jumped out of the window of his own will, “driven by his personal assessment of the situation, based on specific psychological features of his personality”. 43. On 10 November 2000 the case was reopened by another supervising prosecutor. F was questioned anew. This time F testified that while in Bogorodsk police station, he had been beaten by inspector A in an attempt to extract a confession to the murder of MS. Between 16 and 19 September 1998 F had been repeatedly questioned in Leninskiy district police station in Nizhniy Novgorod. In the course of the questioning I, the senior police investigator, had slapped and shaken him. I had also mentioned that F would be tortured with electrodes if he did not confess to the impugned crimes. F had also been questioned by MR, the deputy regional prosecutor. On 18 September 1998 F had signed the confession and even located on the map the place where he and the applicant had allegedly hidden the body. 44. After the incident, F had visited the applicant in hospital. The applicant had told him about the torture with electrodes. In reply F had described to the applicant the officer who had threatened him with it, and the applicant had confirmed that this was the same officer who had participated in the questioning of 19 September 1998. Later that year he had recounted this to the investigator in charge of case no. 68241; however, it had been decided not to include these statements in the official record. 45. On 29 December 2000 the investigation was again discontinued by an investigator from the prosecutor’s office. On an appeal by the applicant on 27 March 2001, the Nizhegorodskiy District Court of Nizhniy Novgorod quashed the decision, ordering the prosecution to carry out a further investigation. The court noted, inter alia, that the applicant’s submissions were consistent and detailed, and that the case should be investigated more thoroughly. The court ordered other patients from the hospital where the applicant had been brought after the accident to be questioned. The court also deemed it necessary for the applicant to be examined by an expert in psychiatry and psychology. 46. The proceedings were resumed. This time the prosecution investigator questioned Dr M, who had been on duty in Hospital no. 33, where the applicant had been brought immediately after the accident. The doctor stated that he had not noticed or treated any injuries to the applicant’s ears. The same evidence was reiterated by Dr K and Dr S. They both confirmed that the applicant’s mother had requested them to re-examine the applicant’s ears on several occasions, but that they had not identified any injuries. Five patients from Hospital no. 39 testified that the applicant had told them about being tortured with electrodes, but that they had seen no signs of any injuries on the applicant’s ears. The same testimony was given by F. 47. The investigator also ordered a psychological and psychiatric examination of the applicant. The examination showed that the applicant was mentally sane, but had been traumatised by the accident and had a lasting physical disability as a result of it. At the time of the examination, the applicant’s mental state was characterised by euphoric reactions, amiability, emotionality and dependence on a stronger personality, namely his mother. He did not display any suicidal tendencies. The report stated that it was impossible to draw any conclusions as to the applicant’s mental state at the time of the accident. 48. On 19 May 2001 the proceedings were discontinued by the investigator on the same grounds as before. 49. By letter of 5 August 2002 the Nizhniy Novgorod regional prosecutor’s office informed the applicant that the investigation had been reopened and sent to the Leninskiy prosecutor’s office with relevant instructions for additional investigation. The applicant requested that the prosecution service question V, one of the patients in Hospital no. 39. 50. On 5 September 2002 the prosecution service discontinued the investigation, finding that no criminal offence had been committed and indicating, inter alia, that it had been impossible to find V at his place of residence. The investigator concluded that the applicant’s allegations of torture were supported only by his own submissions, which, in the light of other evidence obtained in the course of the investigation, had been found to be untrue. 51. Knowing that V was disabled and a wheelchair user, the representatives of the applicant contacted V and learned that the execution of the request to question V had been assigned to inspector O, one of the police officers involved in the alleged torture. Inspector O reported that on several occasions he had tried to question V, but had been unable to find him at his address. On 26 September 2002 V explained to the applicant’s representatives that someone introducing himself as an investigator had telephoned him once and said that he needed to question him. V had agreed to make a statement, but the person had never called back. 52. On 28 October 2002 the Nizhniy Novgorod regional prosecutor’s office annulled the decision of 5 September 2002. On 28 November 2002 the Leninskiy district prosecutor’s office discontinued the investigation yet again on the same grounds. The applicant appealed against the decision to discontinue the investigation. By letter of 24 July 2003 the applicant was informed that the Nizhniy Novgorod regional prosecutor’s office saw no reason to overturn the decision to discontinue the investigation. 53. According to the respondent Government, the regional prosecutor reopened the investigation on 6 November 2003 and transferred the case to the Leninskiy district prosecutor’s office. Apparently, by the end of December 2003 the case had been closed again. On 19 January 2004, according to the applicant, the investigation was reopened. On 26 January 2004 the case was transferred from the Leninskiy district prosecutor’s office to the department of the regional prosecutor’s office dealing with investigations into cases of particular importance. 54. F was questioned once more. He testified that while being questioned in Leninskiy district police station in connection with the disappearance of MS he had been beaten by the police officers. They had also threatened to torture him with electrodes. 55. On 19 February 2004 the investigator from that department closed the case again, concluding that no evidence of ill-treatment of the applicant had been obtained and that the actions of the police officers had been lawful. On 4 March 2004 the case was reopened, before being closed again on 4 July 2004. On 3 August 2004 the case was reopened by the regional prosecutor’s office. On 6 September 2004 the case was closed. It was then reopened, and, according to the Government’s submissions, closed again on 20 October 2004. On 22 November 2004 the regional prosecutor reopened the investigation. According to the Government, the deadline for the new investigation was 2 April 2005. 56. On an unspecified date in 2005 the prosecutor’s office brought charges against two policemen, K and SM, who had participated in the questioning of the applicant on 19 September 1998. The case file, together with a bill of indictment, was eventually forwarded to the Leninskiy District Court of Nizhniy Novgorod for examination. 57. In the course of the trial the court questioned a large number of witnesses. Hence, it questioned K, SM, and fifteen other police officers who had participated in the questioning of 19 September 1998 or had been in Leninskiy police station on that day. They all denied that they had tortured the applicant or had heard of any such torture. The court further questioned VK, a former police investigator, who had been in charge of the applicant’s case but had not taken part in his questioning. She testified that she had heard from her colleagues that the applicant had jumped out of the window because he had been tortured with electrodes. 58. The court also heard evidence from the applicant, his mother, F, MS, and the doctors at the hospital where the applicant had been placed after the incident. They confirmed their initial submissions. An expert witness appeared before the court. He testified that in certain conditions electric current might leave no traces on the human body. The court also questioned VZ, who in August 1998 had been brought to Leninskiy police station on suspicion of theft. According to VZ, two policemen had questioned him and then tortured him with electrodes in the same way as the applicant described. 59. The court heard other witnesses and examined exhibits and materials collected in the course of the pre-trial investigation. Thus, the court read out the testimonies of B, V, and S, the applicant’s ward-mates in Hospital no. 39, and examined the results of medical and psychiatric expert examinations of the applicant. The court also examined a piece of paper which had been found during the search of the office where the applicant had been questioned on 19 September 1998. It contained an unfinished passage describing the events of 10 September 1998, when MS had disappeared, under the title “Voluntary confession”. The whole text had been written by the applicant. 60. On the basis of the above evidence the court established that on 19 September 1998 the applicant had been brought to Leninskiy police station, where he had been questioned by several officials from the police and the prosecutor’s office. They had requested him to confess to having raped and murdered MS and to show them where he had buried the corpse. In order to extract a confession from the applicant, police officers K and SM had administered electric shocks to the applicant using a device connected to his ears. The court noted that in his initial submissions the applicant had testified that he had been tortured by inspectors K and O. However, following the identification parade the applicant had identified inspector SM as one of two officers who had tortured him. Unable to withstand the pain, the applicant had agreed to confess, but, left unattended for a moment, had attempted suicide by jumping out of the window. He had fallen on a motorbike parked in the courtyard of the police station and broken his spine. 61. On 30 November 2005 the Leninskiy District Court of Nizhniy Novgorod found K and SM guilty under Article 286 § 3 (a) and (в) of the Criminal Code (abuse of official power associated with the use of violence or entailing serious consequences). They were sentenced to four years’ imprisonment with a subsequent three years’ prohibition on serving in the law-enforcement agencies. According to the information available to the Court, the judgment of 30 November 2005 is not yet final. 62. In the summer of 1999 two activists from a regional human rights NGO (Nizhniy Novgorod Committee against Torture) interviewed several persons about the events of September 1998 complained of by the applicant. Their submissions were recorded on videotape. 63. In those interviews, F stated that he had been arrested on 10 September 1998. While in custody, he had been threatened and slapped several times in order to extract a confession to the murder of MS. On 17 September 1998 he had been questioned by a senior police investigator, I, who had kicked him and threatened to place him in an “underground cell” where he would be beaten and tortured with electrodes until his eyes bled. 64. On 18 September 1998 a short confrontation had been arranged between F and the applicant. F submitted that he had seen bruises on the applicant’s neck. In the evening F had been questioned again, this time in the presence of the deputy regional prosecutor MR and the Bogorodsk town prosecutor, as well as several police officers. MR had threatened to lock F in a cell with “boy-crazy criminals” who would rape him, or to put him in a cell together with tuberculosis-infected detainees. He had also threatened that if F survived in the cell, he would be sentenced to 25 years’ imprisonment or death row. 65. F had confessed to raping and killing the girl together with the applicant. At MR’s request, F had named the place where they had allegedly hidden the corpse. An investigating team had been sent to the place in question, but had found nothing. On 20 September 1998, after the girl had come home, F had been released. 66. According to B, the applicant’s ward-mate in Hospital no. 39, after having been brought to the hospital the applicant had told him about the circumstances of his arrest and, in particular, about the torture with electrodes. The applicant had shown B burns on his ears, which looked like “stripped blisters”. According to M, another patient in the hospital, before the applicant had been brought to the hospital the police had warned the personnel that the applicant was a dangerous criminal. The patients had been required to hide all sharp metallic objects. M also recollected that there had been something red on the applicant’s ears, “as if somebody has pulled his ears”. M also remembered that the applicant’s mother had asked the doctors to examine his ears, but that they had replied that everything had been normal. V confirmed that, while in the hospital, he had heard from the applicant about the torture and seen the applicant’s mother asking the doctor to examine his ears. V also confirmed that the applicant’s ears had been injured, but said that it did not look like blisters as far as he could remember. 67. The NGO activists also interviewed L and K, witnesses to the search of the applicant’s car. 68. In December 2000 the NGO activists questioned F once more with a view to clarifying the discrepancies between his evidence in the course of the official investigation and his statements to the NGO activists and the media. F stated that the investigators, while questioning him as part of the official criminal investigation, had disregarded his statements about the deputy regional prosecutor MR’s involvement in the events of September 1998. 69. On an unspecified date in 1998 a prosecutor filed a request for supervisory review of the judgment of 12 September 1998 whereby the applicant had been sentenced to five days’ administrative detention. On 2 December 1998 the President of the Nizhniy Novgorod Regional Court quashed that judgment. The President noted that the judgment had been based on the information from the police officers at Bogorodsk police station, who had alleged that they had arrested the applicant at the railway station on 11 September 1998. However, at that time the applicant had in fact been detained in custody in connection with the disappearance of MS. 70. On 23 March 2000 a prosecutor instituted criminal proceedings against the three Bogorodsk police officers for making false statements in relation to the alleged arrest of the applicant at the railway station (criminal case no. 310503). A prosecution investigator confirmed that the applicant had not been at the railway station on 11 September 1998, having at that time been detained in custody. However, on 3 November 2000 the charges against the police officers were dropped following a “change in the situation” in view of the fact that one police officer had been dismissed from his job, while the other two had been transferred to other positions within the Ministry of the Interior. 71. The Government stated that on 25 May 2001 criminal case no. 310503 had been reopened by the prosecution service and transmitted to the Pavlovsk town prosecutor’s office for further investigation. On 20 October 2002 the criminal case was closed owing to expiry of the time-limits for criminal prosecution of the police officers. This decision was quashed by the town prosecutor and the case was reopened again. On 1 April 2004 the criminal case against the three police officers was forwarded to the court of first instance together with the bill of indictment. On 27 April 2004 the proceedings were discontinued owing to expiry of the statutory time-limit for criminal prosecution of the defendants. On 19 November 2004 the Nizhniy Novgorod Regional Court quashed that decision and remitted the case to the court of first instance. According to the respondent Government, the proceedings are still pending. 72. On 19 December 2001 the applicant lodged a civil claim with the Leninskiy District Court of Nizhniy Novgorod, seeking compensation for malicious prosecution, his dismissal from his job, the search of his premises and his detention and ill-treatment by the police. The applicant’s lawyer asked the court to request from the prosecutor’s office case-files nos. 68241, 310503 and 68341. The applicant and his representative maintained that the evidence gathered by the prosecution was necessary to argue the substantive part of the civil suit. On 22 April 2002 the Leninskiy District Court of Nizhniy Novgorod requested the files from the respective prosecutor’s offices. On 6 July 2002 case-file no. 68241 was delivered to the court. It was withdrawn three days later by the prosecutor’s office. On 27 July 2002 the case-file was re-submitted to the court. On 1 August 2002, at the prosecutor’s request, the case-file was returned to the prosecution. On 23 October 2002 the applicant’s representative asked the court to suspend the civil proceedings. 73. The applicant’s notice of dismissal dated 17 August 1998 was annulled, and the applicant was reinstated in his post. The officers responsible for his backdated dismissal were subjected to disciplinary proceedings. However, owing to the applicant’s complete disability, he had to leave the traffic police. 74. The applicant is disabled and receives a pension from the State on that basis. The Government indicated that in connection with the accident he also received a lump-sum insurance indemnity from the State in the amount of 60,302 Russian roubles (about 1,740 euros at the current exchange rate). 75. The applicant produced a report, drawn up on 29 November 2004 by Dr L. Magnutova, a specialist in forensic medicine. The report stated that the applicant suffered from osteomyelitis, his legs were paralysed, he was unable to work and he suffered from severe dysfunction of the pelvic organs and loss of sexual function. He was confined to bed and was in permanent need of a nurse to help him urinate and empty his bowels. The applicant was at risk of sepsis. He required regular hospital examinations, at least two or three times a year.

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4. The applicant was born in 1947 and lives in Austria. 5. On 11 March 1992 the Kärnten Regional Government (Landesregierung) dismissed the applicant’s request for a permit under the Kärnten Environmental Protection Act (Naturschutzgesetz) to build a tool shed on his agricultural and forestal estate. It noted that the project was contrary to the objectives of the area zoning plan (Flächenwidmungsplan) as a tool shed was not necessary in order to cultivate a forestal estate of less than 10 hectares. 6. Two further requests of the applicant for the granting of a permit were rejected on the ground of res iudicata: On 28 November 1994 the Kärnten Regional Government found that the extension of the applicant’s forestal estate to approximately 6 hectares did not constitute any relevant change of the circumstances. The Administrative Court confirmed this decision on 23 October 1995. On 16 January 1996 the applicant again requested a permit and submitted that he had acquired further 13 hectares of land. On 22 August 1997 the Kärnten Regional Government rejected this request as it found that the purchase contract was not valid and there was, therefore, no change of the relevant circumstances. 7. On 2 April 1998 the applicant again requested a permit for the tool shed which he had in the meanwhile built. He submitted that the relevant circumstances of his case had changed in that his brother-in-law was disposed to rent him approximately 5 hectares of land. 8. On 5 October 1998 the applicant filed a request for transfer of jurisdiction (Devolutionsantrag) to the Kärnten Regional Government as the Spittal an der Drau District Administrative Authority (Bezirkshaupt-mannschaft) failed to decide within the statutory six months time-limit. 9. Upon request of the Regional Government, the building office (Baubezirksamt) at the District Administrative Authority issued an expert opinion on 20 November 1998. This opinion was communicated to the applicant, who, on 26 March and 21 June 1999 respectively, submitted two opinions of the private experts H and M in reply. 10. Meanwhile, on 26 May 1999, the building office at the District Administrative Authority, upon request of the Regional Government, commented on the private expert opinion of H. On 22 June 1999 the forestry inspection office (Bezirksforstinspektion) at the District Administrative Authority, upon request of the Regional Government, issued a further statement. Neither document was communicated to the applicant. 11. On 7 July 1999, the Kärnten Regional Government allowed the applicant’s request for transfer of jurisdiction but dismissed his request for the permit under the Environmental Protection Act. It noted that, due to changes in the relevant legislation, the question whether a project was in accordance with the objectives of the area zoning plan was not any longer relevant in the proceedings concerning a permit under the Environmental Protection Act. The permit could, however, not be granted as the tool shed had an adverse effect on the character of the concerned landscape. The Regional Government referred in this regard to the official expert’s opinion of 20 November 1998, who had found that the project led to urban sprawl. The Regional Government further noted that the construction of the tool shed was not a measure of public interest. It referred in this regard to expert opinions submitted in the previous proceedings which had found that the tool shed was not necessary for the cultivation of the applicant’s forest. The Regional Government finally noted that the applicant had only alleged that he would rent another 5 hectares and had not submitted the rent contract. 12. The applicant filed a complaint with the Administrative Court (Verwaltungsgerichtshof) and requested it to hold a hearing. Referring to the findings of the two private expert opinions he had submitted in the proceedings before the Regional Government, the applicant contested the Regional Government’s conclusions. The applicant further complained that the Regional Government had not given sufficient reasons as to why it preferred the findings of the official expert against those of the private expert opinions. In the view of the divergent findings of the experts the Regional Government should have taken another expert opinion. He finally submitted that the Regional Government should have requested him to submit the rent contract if it considered this relevant for the proceedings at issue. 13. On 25 October 1999 the Regional Government submitted its comments on the applicant’s complaint. It noted inter alia that the private expert opinions had been examined by the building office at the District Administrative Authority. The findings of the private experts were, however, not suitable to disprove the findings of the official expert. In his further comments of 11 December 1999 the applicant complained that he had not been informed about the examination by the building office of the private experts’ opinions and had, therefore, not been able to comment on it. 14. On 21 March 2001 the Administrative Court dismissed the applicant’s complaint and the request for a hearing. It confirmed the Regional Government’s conclusions and, giving extensive reasons, found that the findings of the private experts had not been relevant and had not disproved the opinion of the official expert. It referred inter alia to an official expert opinion submitted in previous proceedings and the forestry inspection office’s statement of 22 June 1999 which referred to this opinion. The Administrative Court’s decision was served on the applicant’s counsel on 9 April 2001. 15. The applicant subsequently removed the tool shed.

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8. The applicants were born in 1966 and 1972 respectively and live in Amsterdam. 9. The first applicant entered the Netherlands in October 1989. From his relationship with the second applicant, who has been lawfully residing in the Netherlands since the age of seven and holds a permanent residence permit (vestigingsvergunning), a child, Adem, was born on 27 June 1990. The applicants married on 25 October 1990. One month later, the first applicant filed a request for a residence permit for the purposes of forming a family unit (gezinsvorming) with his wife and working in the Netherlands. This permit was granted on 12 February 1991. On 24 January 1992 the first applicant acquired the right to remain in the Netherlands indefinitely ex jure pursuant to Article 10 para. 2 of the Aliens Act 1965 (Vreemdelingenwet 1965). 10. On 31 July 1992 the first applicant was arrested and placed in detention on remand. The Regional Court of Amsterdam convicted the first applicant on 20 January 1993 of participating in an organisation aimed at committing offences and of being a co-perpetrator (medepleger) of intentionally being in the possession of about 52 kilos of heroin, committed on or around 31 July 1992. The first applicant was sentenced to four years’ imprisonment. In respect of the determination of this sentence, the Regional Court held as follows: “... in the decision to impose a sentence involving a deprivation of liberty and the duration thereof, the Regional Court is in particular taking account of the fact that the accused has for a long time let his house be used as a safe house for quantities, of considerable size and suitable for further distribution, of a substance harmful to public health, so that only a prison sentence of considerable duration is appropriate.” The first applicant was released on 11 April 1995. He went back to live with his wife and child and found a job. 11. Due to marital problems, the applicants did not live together for some time in 1995/1996. On 28 November 1995 the first applicant’s name was removed from the municipal register as living at the same address as his spouse. He was registered as once again living in the matrimonial home on 25 June 1996. 12. On 14 May 1996 both applicants went to the Aliens’ Police Department as they were going to resume cohabitation and wanted to prolong the first applicant’s residence permit. However, an official at that Department told them it would be better if the first applicant applied for an independent residence permit. For that reason, an application was made for prolongation of the first applicant’s residence permit or for an amendment of the restrictions attached to that permit so that it would enable him to reside in the Netherlands for the purpose of working in salaried employment without being required to live with his spouse. 13. On 14 October 1996 a second child, Mahsun, was born to the applicants. Both children have Turkish nationality. 14. The Deputy Minister of Justice (Staatssecretaris van Justitie) informed the first applicant on 7 March 1997 of her intention to impose a ten-year exclusion order on him by declaring him an undesirable alien (ongewenst vreemdeling). The first applicant was invited to submit his views on the matter. By letter of 24 March 1997 the first applicant declared that he would never again do anything wrong and asked to be given a second chance. 15. The Deputy Minister rejected the request for prolongation of the residence permit on 5 June 1997. According to the Deputy Minister, the first applicant had lost his indefinite right to remain on 28 November 1995 when he had ceased to cohabit with his wife. The fact that the spouses had in the meantime resumed cohabitation did not have the effect of reviving this right ex jure. Although Netherlands policy provided that aliens, following the dissolution or breakdown of their marriage on the basis of which they had acquired an indefinite right to remain, could under certain circumstances, relating to the duration of the marriage, be eligible for an independent residence permit, the prolongation of a residence permit could also be refused on general interest grounds. In view of the first applicant’s criminal conviction of 20 January 1993, the Deputy Minister considered that it was justified to deny the first applicant further residence and to impose a ten-year exclusion order. The interference with the first applicant’s right to respect for his family life was held to be justified in the interests of public order and for the prevention of crime. Having regard to the seriousness of the offences committed by the first applicant and the duration of the prison sentence imposed on him, the Deputy Minister concluded that the interests of the State outweighed those of the first applicant. 16. The first applicant filed an objection (bezwaar) against this decision. It was rejected on 19 March 1998 by the Deputy Minister who adopted the advice issued by the Advisory Board on Matters Concerning Aliens (Adviescommissie voor Vreemdelingenzaken). This Board was of the opinion that the first applicant’s request should be considered as a request for an independent residence permit (onafhankelijke verblijfsvergunning) in view of the fact that the right to remain indefinitely, pursuant to Article 10 § 2 of the Aliens Act 1965, did not constitute a residence permit which was eligible for prolongation or for amendment of the restrictions attached to it. The Board further considered, notwithstanding the fact that the first applicant had moved back to the matrimonial home after a separation of six or seven months, that the breakdown of the applicants’ marriage had been of a permanent nature given the duration of the separation and the first applicant’s request for an independent residence permit which did not require him to cohabit with his wife. Therefore, the question to be examined was whether, at the time of losing the indefinite right to remain, the first applicant had been eligible for continued residence (voortgezet verblijf). 17. Having regard to the first applicant’s criminal conviction, which implied that he had violated public order, the Board considered that the request for a residence permit should be refused and an exclusion order imposed. It saw no merit in the first applicant’s expressions of regret nor in his arguments to the effect that his wife and two children resided in the Netherlands and that he had been working in the Netherlands since 21 June 1995. In this connection the Board, referring to the duration of and the reasons for the prison sentence as set out in the judgment of the Regional Court of 20 January 1993, had regard to the nature and seriousness of the offence of which the first applicant had been convicted. The Board did not consider that the period of time between the conviction and the imposition of the exclusion order was so long that for that reason alone the authorities ought to refrain from taking that measure. In this respect it was borne in mind that the first applicant had held an indefinite right to remain from 24 January 1992 until 28 November 1995 which, pursuant to the policy in force, stood in the way of an exclusion order being imposed. Finally, as far as the first applicant’s rights under Article 8 § 1 of the Convention were concerned, the Board considered that the interests of the State outweighed those of the first applicant. 18. The first applicant filed an appeal against this decision with the Regional Court (arrondissementsrechtbank) of The Hague, sitting in Amsterdam. He argued, inter alia, that there had not been any breakdown of his marriage, let alone one of a permanent nature. The spouses had merely not cohabited for a number of months because of marital problems; however, the first applicant had remained in contact with his wife. Moreover, during this time their child Mahsun had been conceived. The first applicant was gainfully employed, did not constitute a threat to public order and he had extricated himself from the criminal circles in which he had previously been involved. In the view of the first applicant, it was unreasonable to deny him continued residence and to impose an exclusion order on him more than four years after his criminal conviction. 19. In its judgment of 12 November 1998 the Regional Court agreed with the Deputy Minister that the applicants’ actual close family ties (feitelijke gezinsband) had been severed as a result of their temporary separation and that as a result the first applicant had lost his indefinite right to remain. It upheld the Deputy Minister’s decision in so far as the denial of continued residence was concerned. Having regard to the nature of the offence of which the first applicant was convicted and the length of the prison sentence imposed, the Regional Court considered that the interference with the applicants’ right to respect for family life was necessary in the interests of the protection of public order. In respect of the exclusion order, which denied the first applicant the right to visit the Netherlands even for short periods, the Regional Court quashed the impugned decision. It found that insufficient weight had been accorded to the interests of the applicants and their children. Thus, no attention had been given to the consequences which the exclusion order would have for the applicants and their children, both in the case where the other family members would follow the first applicant to Turkey and in the case where they would remain in the Netherlands. In this connection the Regional Court noted that the children, who had close links with the Netherlands as they had been residing there since their birth, might at this stage of their lives have a great need for regular contacts with their father within their own surroundings (levenssfeer), and not exclusively abroad. The exclusion order rendered such contacts – including occasional contacts – impossible. 20. On 6 May 1999 the Deputy Minister decided anew on the first applicant’s objection in so far as this concerned the exclusion order. She declared the objection well-founded and lifted the exclusion order. 21. The first applicant has not reoffended and has been in paid employment ever since his release from prison.

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4. The applicant was born in 1952 and lives in the town of Belitskoye, Donetsk region, Ukraine. 5. On 24 April 1998 the Dobropolye Town Court ordered the Belitskaya Mine, a State enterprise, to pay the applicant UAH 15,675.40 in compensation for an occupational disability and for moral damage. The applicant failed to inform the Court whether he appealed against this judgment or not. 6. In July 1998 the Dobropolye Town Bailiffs’ Service opened the enforcement proceedings. 7. Between 1998 and 2003 the judgment was enforced in instalments, the final payment being transferred on 10 November 2003. 8. On 12 November 2003 the Bailiffs’ Service terminated the enforcement proceedings in view of the full enforcement of the judgment given in the applicant’s favour.

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4. The applicant was born in 1930 and lives in Košice. 5. In 1975 the applicant concluded a contract with a co‑operative pursuant to which the latter was to build a family house for him. 6. In 1977 the applicant lodged a civil action against the co‑operative with the Košice City Court (Mestský súd) seeking a judicial ruling determining the date when the house was to be handed over. 7. On 12 May 1978 the City Court discontinued the proceedings. It observed that, at a hearing held on 12 April 1978, the applicant had withdrawn the action. Although the applicant’s lawyer was not present at that hearing, a copy of the decision was served on him. As no appeal was lodged, the decision became final and binding on 11 July 1978. 8. In 1981 the applicant and the judge dealing with the action of 1977 were found guilty of bribery in connection with the case and sentenced to imprisonment. 9. On 24 June 1992 the Košice Regional Court (Krajský súd) declared the applicant’s “appeal” of 21 April 1992 against the decision of 12 May 1978 inadmissible as being out of time. 10. On 27 July 1995 the applicant lodged an action against the Ministry of Justice as the State with the Košice II District Court (Okresný súd). He alleged that the decision of 12 May 1978 was arbitrary. The District Court had intentionally overlooked that at the hearing of 12 April 1978, the applicant had withdrawn the power of attorney from his lawyer. The service on the lawyer of a copy of the decision of 12 May 1978 was thus unlawful. It deprived the applicant of the opportunity to challenge the decision by a timely appeal. Considering that these facts amounted to wrongful official conduct resulting in an unlawful decision, the applicant claimed damages under the State Liability Act of 1969 (Law no. 58/1969 Coll. - “the 1969 Act”). He later supplemented his claim four times, in particular, by claiming that the decision of 12 May 1978 should be quashed as being illegal. 11. In December 1995 the applicant informed the Košice II District Court that he had moved to another address. As his new address was in the judicial district of the Košice I District Court, the action was transferred to it in April 1996. 12. On 13 February 1997 and 11 November 1998 the Košice I District Court held hearings. 13. On 2 June 1999 the Košice I District Court dismissed the action. It observed that, pursuant to sections 3 and 4 (1) of the 1969 Act, damage resulting from a wrongful official decision could only be compensated if that decision had been quashed by the competent body in a prescribed procedure. As the decision of 12 May 1978 had not been quashed, compensation for any damage allegedly inflicted thereby was out of the question. The District Court further found that the applicant had failed to prove his allegation of having withdrawn the power of attorney from his lawyer. The serving of the decision of 12 May 1978 on the applicant’s lawyer had been in conformity with Article 49 § 1 of the Code of the Civil Procedure and no wrongful official conduct had been established in this connection. The District Court finally noted that, in any event, in the criminal proceedings leading to his conviction in 1981 the applicant had clearly stated several times that he had withdrawn his civil action of 1977. 14. In July 1999 the applicant lodged an appeal against the judgment of 2 June 1999. He objected to the factual findings and legal conclusions of the District Court. 15. On 6 February 2002, following a hearing of the appeal held on the same day, the Regional Court upheld the judgment of 2 June 1999. It fully endorsed the factual findings and the legal reasoning given by the District Court. A copy of the Regional Court’s judgment was served on the applicant on 18 April 2002 and no appeal lay against it. 16. On 29 January 1992 Mrs B.M., the mother of the applicant, brought an action against the Ministry of Justice as the State in the Košice II District Court. She claimed damages in connection with convictions, in the 1950s, of her late husband, Mr Š.M., for various offences against the socialist economic system. These convictions were later quashed under the Judicial Rehabilitations Act of 1990 (Law no. 119/1990 Coll. - “the 1990 Act”). Mrs B.M. submitted a power of attorney in favour of the applicant to represent her in the proceedings. 17. A part of the claim was dismissed by a final decision of the Regional Court on 21 November 1995 as it had no basis in law. 18. In a letter of 21 May 1996 Mrs B.M. submitted a further specification of the remainder of her claim. She divided it into partial claims concerning other family members. In a letter of 10 July 1996, however, she expressly stated that she was not seeking an admission of the other family members to the action as claimants. 19. On 27 March 1997 Mrs B.M. died. On 14 November 1997 the applicant requested that he and 7 other members of the family be allowed to continue the action in her stead. 20. The inheritance proceedings in respect of the estate of Mrs B.M. were ended by a decision of a public notary on 25 January 1999. The sole heir to the estate was Mrs A.M., a daughter of Mrs B.M. 21. On 28 January 2002 the District Court dismissed the remaining part of the action as unsubstantiated. It noted that Mrs A.M. had succeeded to the rights and obligations of the original plaintiff, Mrs B.M, and continued the litigation in her place. The applicant and other family members were not parties to the proceedings, although the applicant continued to be involved as the plaintiff’s representative. 22. On 15 March 2002 Mrs A.M. challenged the judgment of 28 January 2002 by an appeal. The appeal was signed by the applicant and indicated expressly that he was acting as the representative for Mrs A.M. 23. On 10 February 2003, on the plaintiff’s appeal, the Regional Court upheld the judgment of 28 January 2002. No further appeal was available. 24. In July 2003 the applicant turned to the Constitutional Court with a complaint under Article 127 of the Constitution. In his own name, he alleged a violation of various aspects of his right to judicial protection set forth in Articles 46 et seq. of the Constitution in the proceedings in the action of 1992. 25. On 19 November 2003 the Constitutional Court declared the complaint inadmissible. It observed that the formal claimants in the action had been Mrs B.M. and Mrs A.M. The applicant was merely their representative. No procedural rights of his own were at issue. There could thus be no interference with his constitutional rights which he had invoked.

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11. The applicant was born in 1926 and lives in Paris. He explained that he sought in all of his work to promote a rapprochement between Jews and Christians. 12. The facts of the case, as submitted by the parties, may be summarised as follows. 13. In its issue of 4 January 1994, the newspaper Le quotidien de Paris published an article written by the applicant, entitled “The obscurity of error” concerning the papal encyclical “The Splendour of Truth” (“Veritatis Splendor”), which had been published at the end of 1993. 14. On 18 March 1994 the association General Alliance against Racism and for Respect for the French and Christian Identity (Alliance générale contre le racisme et pour le respect de l'identité française et chrétienne (AGRIF)) brought proceedings before the Paris Criminal Court against Mr P. Tesson, publishing director of the newspaper, the applicant and the newspaper Le quotidien de Paris, as author, accomplice and the entity civilly liable respectively, alleging that, through publication of the above-mentioned article, they had made racially defamatory statements against the Christian community, an offence punishable under section 32, second paragraph, of the Freedom of the Press Act of 29 July 1881. In particular, they referred to the following passages: “The Catholic Church sets itself up as the sole keeper of divine truth ... It strongly proclaims the fulfilment of the Old Covenant in the New, and the superiority of the latter ... ... Many Christians have acknowledged that scriptural anti-Judaism and the doctrine of the 'fulfilment' [accomplissement] of the Old Covenant in the New led to anti-Semitism and prepared the ground in which the idea and implementation [accomplissement] of Auschwitz took seed.” 15. By a judgment of 4 October 1994, the Criminal Court dismissed the objections of invalidity raised by the applicant and, inter alia, committed the case for trial. By a judgment of 8 March 1995, the Criminal Court found established the offence of publicly defaming a group of persons on the ground of membership of a religion, in this case the Christian community. The publishing director and the applicant were both ordered to pay a fine of 6,000 French francs (FRF). 16. The Criminal Court found the AGRIF's civil application admissible and ordered the publishing director and the applicant, jointly and severally, to pay the association one franc in damages and FRF 7,000 in application of Article 475-1 of the Code of Criminal Procedure. In addition, the court ordered that its decision be published, at the defendants' expense up to FRF 10,000, in a national newspaper. In its judgment, it stated, inter alia: “The Catholic Church, which is described as holding, exclusively and in error, divine truth, is accused of proclaiming its attachment to the doctrine of the fulfilment of the Old Covenant in the New Covenant, a doctrine that was reaffirmed in the encyclical 'The Splendour of Truth'. It is also stated that anti-Judaism in the Scriptures and this doctrine of fulfilment 'led to anti-Semitism and prepared the ground in which the idea and implementation of Auschwitz took seed'. Thus, according to the author of the text, not only the idea, but even the implementation of the massacres and horrors committed at Auschwitz, the symbol of the Nazi extermination camps, was a direct extension of one of the core doctrines of the Catholic faith, namely the doctrine of the fulfilment of the Old Covenant in the New, and thus directly engages the responsibility of Catholics and, more generally, Christians. Such a statement clearly undermines the honour and character of Christians and, more specifically, the Catholic community, and is covered by the provisions of section 32, second paragraph, of the [Freedom of the Press Act] of 29 July 1881. ... the causal link between membership of a religion and the events imputed by the impugned remarks is certainly present in this case: it is because they adhere to a religion that has allegedly displayed anti-Semitism in its past and because they acknowledge the status of the papal encyclical and the doctrine of fulfilment asserted in it that Christians and Catholics are accused of bearing some responsibility for the Auschwitz massacres. ... Even if the defendant was entitled to condemn Christianity's historical anti-Semitism and to alert the reader to any new expression or resurgence of that sentiment, by pointing out that, historically, the various Christian churches have sometimes accepted or even encouraged the idea of 'the teaching of contempt' with regard to the Jewish people, who are described as deicidal, he nevertheless had no right, when the new papal encyclical was published reaffirming the doctrine of 'fulfilment', to use extreme terms and, through a process of generalisation, to hold the Catholic community responsible for the Nazi massacres at Auschwitz. The witnesses questioned at the hearing, at the defendant's request and in support of his allegation of good faith, all claimed that Nazism, a racist and biological doctrine, was totally unconnected to the historical anti-Semitism of Christians and the doctrine of 'fulfilment', which concerns the full realisation of the law of God's old alliance with his people in the new alliance born of Christ's sacrifice. Finally, the confusion made between, on the one hand, Christian anti-Semitism and the encyclical 'The Splendour of Truth', which Mr Giniewski furthermore refrained from commenting on during the hearing, and, on the other hand, the persecution of the Jews in Auschwitz, reflects personal animosity on the part of the defendant and resentment towards the Christian community which lack good faith, since the disputed statements go well beyond theoretical and theological discussion. In this regard, the Court notes the deliberate use of the same word 'accomplissement' to describe the organisation of the massacres in Auschwitz and the doctrine reaffirmed by the Pope in his encyclical. It follows from these elements as a whole that proof of the defendant's good faith has not been provided.” 17. The applicant appealed. In a judgment of 9 November 1995, the Paris Court of Appeal upheld, in so far as it concerned the applicant, the judgment of 4 October 1994 and overturned the judgment of 8 March 1995. The Court of Appeal acquitted the applicant and dismissed the civil party's claims against him. In particular, it held that: “... in his article, Paul Giniewski criticises the encyclical 'The Splendour of Truth' for, in essence, enshrining within the body of theological principles the doctrine of the 'fulfilment' of the Old Covenant in the New, a doctrine he considered to contain the seeds of anti-Semitism; this criticism is expressed unambiguously in the penultimate paragraph of the article ...; ... the contention in Paul Giniewski's statements may be summarised as follows: certain principles of the Catholic religion are tainted with anti-Semitism and contributed to the Holocaust; ... the Court is fully aware of the reactions such an article could evoke within the Catholic community, even if the author claims to be reflecting the opinion of 'many Christians'; ... nonetheless, ... in criticising the encyclical 'The Splendour of Truth' so strongly, Paul Giniewski opened a discussion that was both theological and historical on the scope of certain religious principles and on the origins of the Holocaust; given that it concerns exclusively doctrinal debate, the argument put forward by this author is not, as a matter of law, a specific fact that could amount to defamation ...” 18. The AGRIF appealed on points of law. In a judgment of 28 April 1998, the Court of Cassation quashed the judgment of the Paris Court of Appeal, “but only in so far as it concerned the civil action, all other provisions being expressly upheld”. It remitted the case to the Orléans Court of Appeal. The Court of Cassation stated: “... by ruling in this way, although the impugned statements imputed incitement to anti-Semitism and responsibility for the massacres committed at Auschwitz to the Catholic community, the Court of Appeal did not give a legal basis to its decision; The judgment falls to be quashed, but only in respect of the civil action ...” 19. In a judgment of 14 December 1998, the Orléans Court of Appeal, ruling on the civil claims and following the Court of Cassation's analysis, upheld the judgments of 4 October 1994 and 8 March 1995 in so far as they concerned the applicant. The Court of Appeal made a new award of FRF 10,000 to the AGRIF on the basis of Article 475-1 of the Code of Criminal Procedure. It also ordered that the following statement be published, at the defendant's expense, in a national newspaper of the civil party's choice: “By a judgment of 14 December 1998, the Orléans Court of Appeal ordered Paul GINIEWSKI, journalist, to pay the General Alliance against Racism and for Respect for the French and Christian Identity (AGRIF) 1 FRANC (one) in damages, on the ground that he had committed the offence of public defamation against a group of persons on account of their membership of a religion, in the instant case the Christian community, through his publication of ... an article entitled 'As regards the Encyclical “The Splendour of Truth”, The obscurity of error...' ”. 20. In its judgment, the Court of Appeal noted, inter alia: “... The defendant is wrong in denying that he accused Catholics and, more generally, Christians of being responsible for the Nazi massacres; it is of little importance that this responsibility is viewed in a more or less long-term perspective, given the use of the expression 'prepared the ground'; It emerges, after analysis of the documents submitted, that neither the Pope nor the [Catholic] Church of France alleges the direct responsibility of Catholics in the extermination at Auschwitz; Thus, on account of their membership of a religion, Christians are indeed victims of the offence of defamation; ... the virulence of the article's general tone, the parallel made between the 'doctrine of fulfilment' and the 'implementation of Auschwitz' and even the use of this last word, which is sufficient in itself to evoke both genocide and the extermination of opponents of the Nazi regime, rule out the possibility of the author's good faith ...” 21. The applicant appealed on points of law. As part of the single argument set out in support of his appeal, he referred to Article 10 of the Convention and claimed that his objective and sincere statements had not been unnecessarily polemical and malicious and that they had not therefore failed to meet the requirements of good faith. 22. On 14 June 2000 the Court of Cassation dismissed the appeal on points of law on the following grounds: “... the Court of Cassation is satisfied from the wording of the judgment appealed against and analysis of the evidence in the case file that the Court of Appeal, in ruling that the defendant was excluded from the benefit of a finding of good faith, relied on grounds which were sufficient and free of contradictions, answered the submissions made to it and analysed the particular circumstances relied on by the defendant ...” 23. The published article read: “As regards the encyclical 'The Splendour of Truth' The obscurity of error... John Paul II's new encyclical, 'The Splendour of Truth', concerns the basis of moral theology from the perspective of Catholic teaching. It is intended to provide the faithful with answers to the questions put to Jesus by a young man in a New Testament parable: What good thing shall I do, that I may have eternal life? Unfortunately, from the point of view of other religions and from the Jewish perspective, the Pope's text is based on two types of assertion: 1. The Catholic Church sets itself up as the sole keeper of divine truth and assumes the 'duty' of disseminating its doctrine as the sole universal teaching. 2. It strongly proclaims the fulfilment of the Old Covenant in the New and the superiority of the latter, a doctrine which propagates 'the teaching of contempt' for the Jews, long since condemned by Jules Isaac as an element in the development of anti-Semitism. According to John Paul II, 'the task of authentically interpreting the word of God ... has been entrusted only to those charged with the Church's living Magisterium', which is consequently empowered to state that some theological and even philosophical affirmations are 'incompatible with revealed truth'. The Catholic Church is said to possess 'a light and a power capable of answering even the most controversial and complex questions'. Non-Catholics are viewed with disdain: '... whatever goodness and truth is found in them is considered by the Church as a preparation for the Gospel.' The passing away of Jewish religious tradition is asserted with the same arrogance. The Law, which the Church labels 'old', merely prefigures Christian perfection. The Mosaic Decalogue is 'a promise and sign of the New Covenant'. Jesus is the 'new Moses'. The Law of Moses is only a 'figure of the true law', 'an image of the truth'. Moses came down from Mount Sinai carrying 'tablets of stone' in his hands. The apostles carried 'the Holy Spirit in their hearts'. Christian law is 'written not with ink but with the Spirit of the living God, not on tablets of stone but on tablets of human hearts'. The prescriptions imparted by God in the Old Covenant 'attained their perfection in the New'. For the old law was incomplete. Admittedly, it had a pedagogical function. But it was unable to give the 'righteousness' it demanded: only the new law gives grace, it 'is not content to say what must be done', but also gives the power to 'do what is true'. We find here ideas which were already explored in the voluminous 'Catechism of the Catholic Church' of 1992. As in that unfortunate catechism, a few arrows are also fired, in line with Catholic tradition, at the Pharisees. The faithful are called to take 'great care ... not to allow themselves to be tainted by the attitude of the Pharisee', which, in our day, is expressed in adapting the moral norm to one's own capacities and personal interests, that is, in rejecting the very idea of a moral norm. One must wonder how Catholics and the Catholic religious authorities would 'appreciate' an equivalent Jewish attack on the New Covenant. One must also wonder how the Polish pontiff reconciles his encyclical with the exhortation in the 'Ten Points of Seelisberg' and with the requirement envisaged in the first draft of the declaration on the Jews at Vatican II, calling on Christians not to teach anything that would vilify the Jews and their doctrine. Many Christians have acknowledged that scriptural anti-Judaism and the doctrine of the 'fulfilment' [accomplissement] of the Old Covenant in the New led to anti-Semitism and prepared the ground in which the idea and implementation [accomplissement] of Auschwitz took seed. No consideration is given to this by the Holy See in 1993. In proclaiming the splendour of truth, it perseveres in obscurity and error.” 24. The applicant's statements contribute to a recurrent debate of ideas between historians, theologians and religious authorities. The two most recent Popes, John Paul II and Benedict XVI, as well as the hierarchy of the Catholic Church, have discussed the possibility that the manner in which the Jews are presented in the New Testament contributed to creating hostility against them. In particular, reference is made to the “Declaration of Repentance of the Church of France” of 30 September 1997, which emphasises the Church of France's historical responsibility towards the Jewish people; the speech given on 31 October 1997 by John Paul II during a colloquy on the “Roots of Anti-Judaism in the Christian Environment”; or, more recently, the book The Jewish People and their Sacred Scriptures in the Christian Bible, published in 2001 by the Pontifical Biblical Commission under the direction of Cardinal Joseph Ratzinger – in its preface, the latter writes with regard to the Shoah that “in the light of what has happened, what ought to emerge now is a new respect for the Jewish interpretation of the Old Testament”.

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4. The applicant was born in 1929 and lives in Ciechanów, Poland. 5. On an unspecified date in 1988 a certain T.M. lodged a claim against the applicant with the Rzeszów District Court (Sąd Rejonowy). She sought a division of property. 6. On 26 April 1989 the court held a hearing. 7. On 24 January 1992 the court ordered that expert evidence be obtained. The expert’s report was submitted to the court on 26 May 1992. 8. On 21 April 1993 the court gave judgment. 9. The applicant appealed on 26 June 1993. 10. On 22 April 1994 the Rzeszów Regional Court (Sąd Okręgowy) quashed the first-instance judgment and remitted the case to the District Court. 11. On 6 February 1996 the applicant sent a letter to the court, asking for a hearing date to be set. 12. On 3 October 1997 the court decided that new expert evidence be obtained. 13. The court held hearings on 4 May 1998 and 22 December 2000. 14. On 28 February 2001 the Rzeszów District Court gave judgment. 15. The applicant appealed on 5 April 2001. 16. On 26 June 2001 the Rzeszów Regional Court upheld the first-instance judgment.

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4. The applicant was born in 1930 and lives in Trenčín. 5. On 8 April 1994 the applicant lodged an action against his employer with the Banská Bystrica Regional Court (Krajský súd). He sought financial compensation for the latter’s use of four of his inventions and one industrial design which related to the applicant’s job with the employer and to which the applicant had a 50% title. 6. A hearing called for 23 June 1994 was rescheduled on the applicant’s request and took place on 21 July 1994. The defendant did not appear and the hearing was adjourned. The Regional Court invited the applicant to submit a list of all owners of the intellectual property at issue and a list of experts who could assess the property’s value. The applicant submitted this information in letters of 26 July and 1 August 1994. 7. On 8 December 1994 the Regional Court requested that the Trenčín District Court examine witnesses. The examination took place on 29 December 1994. 8. In a letter of 5 February 1996 the President of the Regional Court acknowledged that for a long period of time there had been no progress in the case. The letter stated that the judge to whom the action was assigned had originally not been authorised to acquaint herself with classified information that was relevant to the case. The authorisation was granted on 20 November 1995 and only thereafter could the judge proceed with the matter. 9. On 21 April 1997 the Regional Court held a hearing. On 12 November 1997 it enquired of the Ministry of Defence whether it was possible to inspect the subject‑matter of the action. On 11 March 1998 the Regional Court appointed an expert to make a technical assessment of its value. At the same time the parties were ordered to pay a deposit towards the expert’s expenses. The defendant lodged an appeal against this order. 10. On 28 May 1998 the expert submitted his report. On 1 December the Supreme Court (Najvyšší súd) dismissed the defendant’s appeal concerning the payment of his expenses. 11. In the meantime the applicant had submitted and later withdrawn a request that the action be transferred to another court. A similar request was submitted by the defendant and dismissed by the Supreme Court on 18 September 1997. 12. On 25 January 1999 the Bratislava Regional Court declared the defendant company insolvent. Pursuant to Article 14 § 1 (d) of the Bankruptcy and Composition Code (Law no. 328/1991 Coll., as amended), all judicial proceedings against it, including the applicant’s action, were thus automatically ex lege stayed. 13. Despite the insolvency order, on 14 April 1999, the Banská Bystrica Regional Court held a hearing at which the defendant failed to appear. 14. On 27 April 1999 the Banská Bystrica Regional Court gave a formal decision to stay the proceedings in the applicant’s action under Article 14 § 1 (d) of the Bankruptcy and Composition Code. On 20 April 2001 the bankruptcy trustee requested under Article 14 § 5 of that Code that the proceedings resume. 15. On 16 May 2001, following a hearing held on the same day, the Banská Bystrica Regional Court granted a major part of the action and dismissed the remainder. No party challenged the judgment by an appeal and it became final and binding on 2 July 2001. 16. At an unspecified time the applicant registered his claim under the judgment of 16 May 2001 in the insolvency proceedings which are still pending.

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8. The first applicant was born in 1972 and lives in Amsterdam. The second applicant was born in 1996 and lives in Amsterdam and Uithoorn. 9. The first applicant came to the Netherlands in June 1994, leaving her two sons from a previous relationship, Jean (born in 1990) and Carlos (born in 1992), with her parents. In the Netherlands she lived with her partner Mr Hoogkamer, who was in paid employment at that time. The first applicant submitted that they had looked into applying for a residence permit allowing her to reside in the Netherlands with her partner, but that, owing to the unavailability of documents concerning Mr Hoogkamer's income, such an application had never actually been made. 10. In April 1995 the first applicant's son Carlos joined his mother and Mr Hoogkamer. Her other son Jean remained in Brazil with his grandparents. 11. On 3 February 1996 Rachael, the second applicant, was born to the first applicant and Mr Hoogkamer. The first applicant was invested ipso jure with parental authority (ouderlijk gezag) over Rachael. Rachael was recognised (erkenning) by Mr Hoogkamer on 28 March 1996, as a result of which she obtained Dutch nationality. 12. The first applicant and Mr Hoogkamer split up in January 1997. Rachael stayed with her father, who subsequently applied to the Amsterdam District Court (kantonrechter) seeking to be awarded parental authority over Rachael. The District Court granted the application on 20 February 1997. The first applicant subsequently appealed to the Amsterdam Regional Court (arrondissementsrechtbank) against that decision. The Regional Court requested the Child Care and Protection Board (Raad voor de Kinderbescherming) to examine which attribution of parental authority would be in Rachael's best interests. 13. On 12 August 1997 the first applicant applied for a residence permit which would allow her to reside in the Netherlands, either – depending on the outcome of the proceedings concerning parental authority – with her daughter Rachael, or in order to have access to her. She also made an application on behalf of her son Carlos. 14. The Child Care and Protection Board found, in its report of 26 August 1997, that parental authority should remain with Mr Hoogkamer. In view of the likelihood of the first applicant having to return to Brazil, awarding her parental authority over Rachael could lead to a break-off in contact between Rachael and her father and also between Rachael and her paternal grandparents, who were very important to her. It was felt that this would be a traumatic experience for Rachael, who had her roots in the Netherlands and whose bonding with all the persons concerned had taken place in that country. 15. In a decision of 26 November 1997, the Amsterdam Regional Court nevertheless quashed the decision of the District Court and awarded the first applicant parental authority over Rachael. Mr Hoogkamer lodged an appeal on points of law with the Supreme Court (Hoge Raad). 16. On 12 January 1998 the Deputy Minister of Justice (Staatssecretaris van Justitie) rejected the first applicant's application for a residence permit. The first applicant lodged an objection (bezwaar) against this decision. At the hearing on this objection before an official committee (ambtelijke commissie) on 27 May 1998, it was stated on behalf of the first applicant that she worked (illegally, as she was not in possession of a residence permit allowing her to do so) from Monday to Thursday and that on those days Rachael stayed either with her father or with her grandparents. Rachael stayed with her mother on the remaining days of the week. 17. On 12 June 1998 the Deputy Minister of Justice dismissed the objection, holding that, even if account was taken of Rachael's right to reside in the Netherlands and to be brought up and educated there, the interests of the economic well-being of the country outweighed the interests of the first applicant. Although the first applicant did not claim welfare benefits, she did not pay taxes or social security contributions either, and there were sufficient numbers of nationals of European Union member States or aliens residing lawfully in the Netherlands available to fill the post she was occupying. The general interest also prevailed over Mr Hoogkamer's interest in being able to lead his family life with Rachael in the Netherlands. In this context it was noted that, at the time Mr Hoogkamer started his relationship with the first applicant, the latter had not been entitled to reside in the Netherlands. He had thus accepted that family life with Rachael might have to be enjoyed elsewhere or in a different manner. It was further noted that Mr Hoogkamer did not make a substantial financial contribution to Rachael's care and upbringing since he only took care of those expenses on the days Rachael stayed with him and, as he was in receipt of welfare benefits, those costs were borne by public funds. 18. The first applicant lodged an appeal against this decision with the Regional Court of The Hague, sitting in Haarlem. 19. On 30 October 1998 the Supreme Court quashed the Amsterdam Regional Court's decision of 26 November 1997 in the proceedings concerning parental authority and referred the case to the Amsterdam Court of Appeal (gerechtshof). 20. The Regional Court of The Hague, sitting in Haarlem, dismissed the appeal against the refusal to grant the first applicant a residence permit. In its decision of 12 February 1999, the Regional Court held that Article 8 of the Convention did not oblige national authorities to ensure that Rachael's parents would not have to choose between leaving Rachael with her father in the Netherlands or letting her go to Brazil with her mother. Both these options were considered to be feasible. According to the Regional Court, the fact that Rachael would have to be without either her father or her mother was, strictly speaking, the result of the parents' choice to conceive a child at a time when the first applicant was not allowed to reside in the Netherlands. No further appeal lay against this decision. 21. On 28 June 1999 a hearing took place before the Amsterdam Court of Appeal in the proceedings concerning parental authority, during which an officer of the Child Care and Protection Board told the court that the Board's report of 26 August 1997 remained pertinent and that it was in Rachael's best interests for the status quo – with Mr Hoogkamer having parental authority over her – to be maintained. In its decision of 15 July 1999 the Amsterdam Court of Appeal upheld the decision of the Amsterdam District Court of 20 February 1997 awarding parental authority over Rachael to Mr Hoogkamer. The Court of Appeal accepted that Mr Hoogkamer, supported by Rachael's grandparents, was sufficiently capable of providing Rachael with the necessary upbringing and care, and that he was indeed doing so in practice. It was of the opinion that the submissions made by the first applicant in support of her argument that Rachael's interests would be better served if parental authority were awarded to her – even if this meant Rachael living in Brazil without contact with her father and grandparents – were of insufficient weight compared to the possibilities the father had to offer and was offering. The first applicant lodged an appeal on points of law against this decision, which was dismissed by the Supreme Court on 27 October 2000. 22. Despite having received a letter dated 8 July 1999 from the local police informing her that she had to leave the Netherlands within two weeks, the first applicant remains in the Netherlands. She works from Monday to Friday. Rachael stays with her at the weekend and with her paternal grandparents during the week. This arrangement is confirmed in a letter dated 20 March 2002 written by Rachael's grandparents to the applicants' legal representative: “The access arrangement we have concluded with [the first applicant], the mother of our granddaughter Rachael Hoogkamer, is fully satisfactory for all parties. According to the arrangement, Rachael stays with us during the week. On Friday evening we take her to her mother and collect her again late on Sunday afternoon. No disagreement whatsoever has arisen on this point in the past years. We further confirm that the weekend visits of our granddaughter to her mother pass off in a very pleasant fashion and that she enjoys telling us about them. In other words, the close contact with her mother has a beneficial effect on our granddaughter.” 23. In January 2002 the first applicant applied for a residence permit allowing her to reside in the Netherlands with her new Dutch partner. In this application the first applicant indicated that Rachael was being brought up partly by her grandparents and partly by her new family. The application was rejected on 18 April 2002 as the first applicant was not in possession of the required temporary residence permit (machtiging tot voorlopig verblijf). The first applicant did not challenge this decision. 24. The second son of the first applicant, Jean, has been living with his mother in the Netherlands since February 2002.

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4. The applicant was born in 1961 and is currently serving a prison sentence at Penitentiary No. 8 in Makeyevka, the Donetsk region. 5. On 27 February 1998 the applicant, along with eight others, was arrested on suspicion of hooliganism and extortion. 6. On 2 March 1998 the applicant was charged with the above crimes and detained on remand. 7. By June 1998 the pre-trial investigation was completed and the applicant was given access to the case file. On 26 June 1998 he finished studying it. 8. On 17 July 1998 the investigator drafted the bill of indictment. On 3 August 1998, it was approved by the district prosecutor and referred to the Tsentralno-Gorodskoy District Court of Gorlovka (hereafter “the District Court”) for examination on the merits. The prosecution’s case was that the applicant and eight other suspects were members of a gang, involved in several counts of extortion and hooliganism (Articles 144 and 206 of the 1960 Criminal Code, respectively). 9. Between 2 September 1998 and 6 October 1998 the District Court held eight hearings. On the latter date it ordered an additional forensic assessment of the severity of the bodily harm suffered by K. (one of four victims). 10. On 3 December 1998 the trial judge resumed the hearing and, until 16 December 1998, conducted three more sittings. 11. On 30 December 1998 the applicant was acquitted of extortion but sentenced to two years’ imprisonment for inflicting bodily harm (Article 102 of the Code). The prosecution appealed, challenging the court’s reclassification of the imputed offences which led to the excessive mildness of the sentence. On 23 February 1999 the Donetsk Regional Court upheld the conviction. 12. On 24 February 1999 the Presidium of the Donetsk Regional Court, following the protest (an extraordinary appeal) of the Deputy President of the Donetsk Regional Court (hereafter “the Regional Court”), quashed these decisions and remitted the case for a fresh investigation. 13. By April 1999 the additional investigation was finalised and the applicant was given access to the case file. On 26 May 1999 the investigator filed a bill of indictment against the applicant and his co-accused, charging them with extortion. 14. On 22 June 1999 the new trial commenced before the District Court, sitting with another judge, and on 22 July 1999, following ten hearings, the District Court convicted the applicant and his co-defendants of inflicting bodily harm and unlawfully depriving another of liberty (Article 123 of the Code). The court further amnestied and released six of the convicts; however, the applicant and two others were left in custody. The prosecution challenged this decision relying on the same grounds as in its previous appeal (paragraph 11 above). 15. On 19 October 1999 the Regional Court returned the case file to the District Court on account of its failure to provide the defendants with an opportunity to study the court records, as required by the Code of Criminal Procedure. 16. On 22 November 1999 the District Court, having complied with that requirement, resubmitted the case to the Regional Court. On 30 November 1999 the latter quashed the decision of 22 June 1999 and remitted the case to the Kuybyshevsky District Court of Gorlovka (hereafter “the Kuybyshevsky Court”). 17. On 4 January 2000 the Kuybyshevsky Court recommenced the trial and scheduled the first hearing for 11 January 2000. However, this sitting did not take place due to the absence of the defendants who had been released in June 1999. The judge adjourned the trial pending the establishment of their whereabouts. 18. On 20 March 2000 the proceedings concerning the defaulting defendants were disjoined from the applicant’s case. The court fixed the next hearing for 3 April 2000, which subsequently was adjourned until 17 April 2000 due to the victim’s failure to appear. 19. Between 17 April 2000 and 15 June 2000, the Kuybyshevsky Court held twelve hearings. On 22 June 2000, at an in camera hearing, the court sentenced the applicant to nine years’ imprisonment following his conviction for extortion. The period of detention on remand was included in the sentence. In his appeal the applicant’s lawyer challenged the court’s assessment of facts and law; however, he did not raise the issue of the non-public examination of the case. 20. On 20 April 2001 the Regional Court ruled that the first instance court had failed to comply with certain procedural requirements regarding the defendants’ right to be duly notified about the conduct of the appeal proceedings. The court therefore decided to return the case file to the Kuybyshevsky Court for this purpose. 21. On an unspecified date, the case was referred anew to the Regional Court. 22. On 1 June 2001 the Regional Court upheld the decision of 22 June 2000 in substance but mitigated the prison regime applicable to the applicant.

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4. The applicant was born in 1942 and lives in Antalya. 5. On 9 July 1997 the General Directorate of National Airports expropriated a plot of land belonging to the applicant. A committee of experts assessed the value of the plot and the relevant amount was paid to him when the expropriation took place. 6. Following the applicant’s request for increased compensation, on 20 March 1998 the Antalya Civil Court of First-instance awarded him additional compensation plus interest at the statutory rate. 7. On 16 June 1998 the Court of Cassation quashed the judgment. 8. On 20 December 1999 the Antalya Civil Court of First-instance awarded the applicant an additional compensation of 3,184,691,136 Turkish liras (TRL) plus interest at the statutory rate applicable at the date of the court’s decision running from 18 December 1997, the date on which the title deed to the land had been transferred to the General Directorate of National Airports. 9. On 4 April 2000 the Court of Cassation upheld the judgment of the First‑instance court. 10. On 18 May 2000 the Court of Cassation rejected the parties’ request for rectification. 11. On 20 July 2000 the General Directorate of National Airports paid the amount of TRL 7,636,830,000 to the applicant. 12. After the application was communicated to the Government, the applicant was requested to submit his observations on the merits of the case and also her just satisfaction claims until 23 March 2005. However, he failed to submit them within the required time-limit. He did not request any extension of time, either. 13. By registered letter of 27 May 2005 the applicant was informed that the Court had not received his observations and just satisfaction claims and that the Court might strike a case out of its list of cases where the circumstances lead to the conclusion that the applicant did not intend to pursue the application. 14. On 8 August 2005 the applicant submitted his observations containing his just satisfaction claims.

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6. The applicant was born in 1972. She is detained in Gebze Prison. 7. On 17 September 1993 the applicant was arrested by police officers from the anti-terrorism branch of the Istanbul Security Directorate on suspicion of being a member of Dev-Sol (Revolutionary Left), and was taken into custody. During the operation, the police officers gathered guns and illegal documents from the flat where they had captured the applicant. The applicant had also two forged identity cards in her possession. 8. On 1 October 1993 she was brought before the investigating judge at the Istanbul State Security Court. Subsequently, the investigating judge ordered the applicant’s detention on remand. 9. On 31 December 1993 the public prosecutor filed a bill of indictment with the Istanbul State Security Court against twenty-five persons, including the applicant, and requested that the applicant be punished pursuant to Article 146 § 1 of the Criminal Code with the death penalty. 10. Throughout the criminal proceedings, either on its own motion or at the applicant’s request, the Istanbul State Security Court examined and ordered the applicant’s continued detention. The court relied on “the serious nature of the offences with which the applicant had been charged, the state of evidence, the content of the case file, and the duration of the detention” when further detaining the applicant. On two occasions on 3 November 1997 and 5 May 2000, the court also noted that the case was due to be decided soon. 11. On 17 December 2003 the applicant was convicted of the offence as charged and sentenced to life imprisonment. 12. On 1 April 2005 the Court of Cassation quashed the applicant’s conviction, and remitted the case back to the Istanbul State Security Court. 13. The case is still pending before the Istanbul State Security Court.

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9. The applicant, who was born in 1956, was living in Aktaş village at the time of the alleged events giving rise to this application. The facts of the case are in dispute between the parties and may be summarised as follows. 10. Until October 1994 the applicant lived in Aktaş, a village of Ovacık district in Tunceli province, in the then state-of-emergency region of Turkey. In 1994, terrorist activity was a major concern in this area. Since the 1980s a violent conflict had been going on in the region between the security forces and sections of the Kurdish population in favour of Kurdish autonomy, in particular members of the PKK (Workers’ Party of Kurdistan). The inhabitants of the applicant’s village were suspected of “aiding and abetting terrorists”; and accordingly they were strictly and frequently controlled by the gendarmes stationed near the village. 11. On 5 October 1994 the security forces surrounded the applicant’s village and assembled the residents in the village square. Using curse words, they told them that the village would be evacuated at once with no possibility of return. The applicant took what he was able to carry with him and left the village. Immediately after the evacuation, the soldiers set the houses and the crops on fire. 12. The applicant moved temporarily into a prefabricated State disaster housing complex close to Ovacık. 13. Following the impugned events the applicant filed a petition with the Ovacık Public Prosecutor’s office complaining about the burning down and forced evacuation of his village by gendarmes. 14. As the case concerned an investigation into alleged acts of the security forces, the Ovacık Public Prosecutor issued a decision of non‑jurisdiction and referred the petition to the office of the District Governor in Ovacık in accordance with the Law on the Prosecution of Civil Servants (Memurin Muhakematı Kanunu). 15. The District Governor sent a letter to the Ovacık Gendarmerie Headquarters and requested information about the applicant’s allegations. 16. In a letter of 1 November 1994 the Gendarmerie Commander informed the District Governor that the security forces had not burned any house during their operations in the area. Accordingly, the Ovacık Administrative Council issued a decision to discontinue the criminal proceedings against the gendarmes. 17. On 25 October 1995 the Ovacık District Governor sent a letter to the applicant. Relying on the Ovacık Gendarmerie Commander’s letter of 1 November 1994, he explained that he was unconvinced by his allegations. He further explained that pursuant to the established case-law of the Supreme Administrative Court (Danıştay), no inquiry was possible unless the identity of the accused civil servant were specified. He therefore stated that the authorities would not initiate an investigation into the alleged events. 18. The applicant did not receive this letter. He learned of the Ovacık Public Prosecutor’s decision of non-jurisdiction and the Ovacık Administrative Council’s decision from his fellow villagers. 19. In 1994 members of the PKK started a propaganda campaign for the organisation in the villages of Ovacık district. They kidnapped young men from these villages and forced them to join the organisation. The PKK militants issued threats against the villagers and harassed them. The inhabitants of the villages left their homes as a result of the pressure exerted by the PKK. 20. The investigation carried out by the authorities revealed that the applicant’s village had not been burned by the security forces but by terrorists wearing military uniforms. In his statements to the investigating authorities, the applicant failed to specify the identity of the perpetrators of the alleged crime. 21. The parties submitted various documents with a view to substantiating their claims. These documents, in so far as they are relevant, can be summarised as follows. 22. The applicant submitted a protocol dated 2 May 2001 in which he claimed that he had suffered financial damages because of the burning down of his village. He submitted that prior to the events in 1994 he had owned 50 acres land, 150 poplar trees, 20 walnut trees, 30 fruit trees, 400 metres square plot of land, two-story house, 40 goats, 4 cows and 50 beehives. This document has been stamped by the mayor of Aktaş village, Cafer Öztürk. (b) Annual Reports of the Human Rights Foundation (“the TIHV”) 23. The Human Rights Foundation is a non-governmental organisation with its head office in Ankara, Turkey. Its 1993 Report stated that, from 1990 to 1993, more than 913 villages and hamlets had been evacuated. The 1993 Report maintained that village evacuations had accelerated in 1993, mostly targeting the villages whose inhabitants refused to serve as village guards. 24. The 1994 Report of the TIHV argued that the Government’s policy was to claim that the evacuations and eventual destructions were caused by PKK terror, poverty and the forces of nature. According to the same report, some 50 to 60 villages were burned down in each of the provinces subject to the emergency rule. 25. The 1995 Report maintained that more than 400 villages had been evacuated in 1995. According to the 1996 Report, the State-of-Emergency Regional Governor once mentioned that a total of 918 villages and 1,767 hamlets had been evacuated for various reasons, although never admitting that evacuations had been carried out by security forces. 26. The 1997 and 1998 Reports described the Government’s policy of evacuating villages as a systematic “internal security operation” applied throughout the 1990s. (c) Excerpts from “Burned-down / Evacuated Villages and Migration”, a book published by the Human Rights Association 27. The excerpts gave a comprehensive list of burned-down and/or evacuated villages from February 1990 to January 1999. The list did not make any reference to Aktaş as having been evacuated and destroyed. 28. The excerpts contained several articles reproduced from a daily newspaper Ülkede Gündem, relating to the evacuation of villages and its detrimental effects on the displaced persons. The articles stressed that numerous villagers had filed petitions with the State authorities, complaining that their villages had been burned down by security forces. 29. The articles also emphasized that the Government’s public declarations, which appeared to allow displaced villagers to return to their villages, were unreliable. Whenever villagers had attempted to do so, they were physically denied access to their villages. (d) The report of 14 January 1998 of the Turkish Grand National Assembly’s Commission of Inquiry on the measures to be taken in order to address the problems of the persons displaced following the evacuation of settlement units in east and south-east Anatolia 30. This report was prepared by a Commission of Inquiry composed of ten members of parliament. According to the report, in 1993 and 1994 the inhabitants of 905 villages and 2,923 hamlets were evicted and forced to move to other regions of the country (p.13). 31. The report included a statement by Mr Doğan Hatipoğlu, a former governor of Diyarbakır. Mr Hatipoğlu explained that, during his office, occasional village evacuations by military authorities were brought to his attention. He stated that – although very rarely – he had received complaints about village burnings. According to Mr Hatipoğlu, it was inconceivable to assert that all the villages were vacated due to PKK coercion. He alleged that the Government had failed to take the necessary measures for a healthy resettlement of displaced persons (p.13). 32. The report also referred to the “Human Rights Report – Turkey”, prepared and submitted to the Commission of Inquiry in 1995 by Mr Yavuz Önen, the chairman of the Human Rights Foundation. This latter report dedicated a chapter to immigrants and evacuated villages. It argued that, in 1995, the practice of evacuation of villages and hamlets was widespread. Many houses in villages were either destroyed or made uninhabitable. People were forced to emigrate from the region and pressure was exerted on the inhabitants until they left their villages. In early 1995 there was practically no village or hamlet inhabited except those whose inhabitants agreed to become village guards (p.19). 33. The report of the Commission of Inquiry also referred to the speech delivered at the Turkish Grand National Assembly by Mr Salih Yıldırım, a deputy from Şırnak, on 3 June 1997 on the question of evacuated villages. Mr Yıldırım stated, inter alia, that the villages were evacuated either by the PKK, in order to intimidate those who opposed it, by the authorities since they were unable to protect the villages, or because the inhabitants of those villages refused to become village guards or were suspected of having aided the PKK (p. 20). 34. In conclusion, it was recommended in the report that the inhabitants of the settlement units should be re-housed in the provinces, districts or central villages – rather than hamlets – close to the area where they used to live and that necessary economic measures should be taken with a view to providing employment to the inhabitants of the region, priority being given to the immigrants. 35. This report aims at indicating the property owned by the applicant. Following an investigation carried out by the authorities it appeared that the applicant did not own any land according to the records of the land registry office and the municipal registry office. The applicant does not have any registered trees either. In his declaration of 12 May 1986 to the municipality the applicant claimed that he owned a house measuring 80 metres square, whereas in his declaration dated 2 May 1998 he noted that he owned a house measuring 140 square metres which had been built in 1980. According to the official records, he did not have any commercial activity given that he did not pay any tax before 1994. Between 1994 and 2002 he lived in one of the natural disaster houses provided to him by the Government. In 2002 he moved into a new house which was built by the Government within the framework of the “Return to Village and Rehabilitation Project”. The local authorities gave the applicant 10 sheep and 323,000,000 Turkish liras’ aid. He also benefited from the food support by the authorities. (b) Veys Toprak’s statements dated 10 March 2004, taken by two gendarmes 36. The witness is the mayor of Kandolar neighbourhood in Ovacık. His statements were taken in order to determine the situation of the applicant who had lodged an application with the Court. The witness stated that the applicant had lived in one of the prefabricated houses between 1994 and 2002 and that he had moved to a newly built house provided for him in 2002 by the Government. The applicant died in 2003. At the relevant time nobody lived in Aktaş. There was no electricity, school or telephone in the village.

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9. The applicants are all Turkish nationals. They were living in Halitpınar village at the time of the alleged events giving rise to the present application. The facts of the case are in dispute between the parties and may be summarised as follows. 10. Until October 1994 the applicants all lived in Halitpınar, a village of Ovacık district in Tunceli province, in the then state-of-emergency region of Turkey. In 1994, terrorist activity was a major concern in this area. Since the 1980s a violent conflict had been going on in the region between the security forces and sections of the Kurdish population in favour of Kurdish autonomy, in particular members of the PKK (Workers Party of Kurdistan). The inhabitants of the applicants’ village were suspected of “aiding and abetting terrorists”; and accordingly they were strictly and frequently controlled by the gendarmes stationed near the village. 11. On 4 October 1994 security forces surrounded Halitpınar and assembled the inhabitants in the village square. Using curse words, they told the villagers that the village would be evacuated at once with no possibility of return. The applicants took what they were able to carry with them and left the village. Immediately after the evacuation, the soldiers set the houses and the crops on fire. 12. The applicants moved temporarily into a prefabricated State disaster housing complex close to Ovacık. 13. Following the incident, the applicants filed individual petitions with the Ovacık Public Prosecutor’s office complaining about the burning down of their village by gendarmes. The applicants noted their temporary addresses as the reply address for their petitions. 14. As the case concerned an investigation into alleged acts of the security forces, the Ovacık Public Prosecutor issued a decision of non‑jurisdiction and referred the petitions to the office of the District Governor in Ovacık in accordance with the Law on the Prosecution of Civil Servants (Memurin Muhakematı Kanunu). 15. The District Governor sent a letter to the Ovacık Gendarmerie Headquarters and requested information about the applicants’ allegations. 16. In a letter of 1 November 1994 the Gendarmerie Commander informed the District Governor that the security forces had not burned any house during their operations in the area. Accordingly, the Ovacık Administrative Council issued a decision to discontinue the criminal proceedings against the gendarmes. 17. On 25 October 1995 the Ovacık District Governor sent a letter to the applicants. Relying on the Ovacık Gendarmerie Commander’s letter of 1 November 1994, he explained that he was unconvinced by their allegations. He further explained that pursuant to the established case-law of the Supreme Administrative Court (Danıştay), no inquiry was possible unless the identity of the accused civil servant were specified. He therefore stated that the authorities would not initiate an investigation into the alleged events. 18. The applicants did not receive this letter. They learned about the Ovacık Public Prosecutor’s decision of non-jurisdiction and the Ovacık Administrative Council’s decision from their fellow villagers and acquaintances at a much later stage. 19. In 1994 members of the PKK started a propaganda campaign for the organisation in the villages of Ovacık district. They kidnapped young men from these villages and forced them to join the organisation. The PKK militants issued threats against the villagers and harassed them. The inhabitants of the villages left their homes as a result of the pressure exerted by the PKK. 20. The investigation carried out by the authorities revealed that the applicants’ houses had not been burned by the security forces but by terrorists wearing military uniforms. In their statements to the investigating authorities, the applicants failed to indicate the identity of the perpetrators of the alleged crime. 21. The parties submitted various documents with a view to substantiating their claims. These documents, in so far as they are relevant, can be summarised as follows. 22. The Human Rights Foundation is a non-governmental organisation with its head office in Ankara, Turkey. Its 1993 Report stated that, from 1990 to 1993, more than 913 villages and hamlets had been evacuated. The 1993 Report maintained that village evacuations had accelerated in 1993, mostly targeting the villages whose inhabitants refused to serve as village guards. 23. The 1994 Report of the TIHV argued that the Government’s policy was to claim that the evacuations and eventual destructions were caused by PKK terror, poverty and the forces of nature. According to the same report, some 50 to 60 villages were burned down in each of the provinces subject to the emergency rule. 24. The 1995 Report maintained that more than 400 villages had been evacuated in 1995. According to the 1996 Report, the State-of-Emergency Regional Governor once mentioned that a total of 918 villages and 1,767 hamlets had been evacuated for various reasons, although never admitting that evacuations had been carried out by security forces. 25. The 1997 and 1998 Reports described the Government’s policy of evacuating villages as a systematic “internal security operation” applied throughout the 1990s. (b) Excerpts from “Burned-down / Evacuated Villages and Migration”, a book published by the Human Rights Association 26. The excerpts gave a comprehensive list of burned-down and/or evacuated villages from February 1990 to January 1999. The list did not make any reference to Halitpınar as having been evacuated and destroyed. 27. The excerpts contained several articles reproduced from a daily newspaper Ülkede Gündem, relating to the evacuation of villages and its detrimental effects on the displaced persons. The articles stressed that numerous villagers had filed petitions with the State authorities, complaining that their villages had been burned down by security forces. 28. The articles also emphasized that the Government’s public declarations, which appeared to allow displaced villagers to return to their villages, were unreliable. Whenever villagers had attempted to do so, they were physically denied access to their villages. (c) The report of 14 January 1998 of the Turkish Grand National Assembly’s Commission of Inquiry on the measures to be taken in order to address the problems of the persons displaced following the evacuation of settlement units in east and south-east Anatolia 29. This report was prepared by a Commission of Inquiry composed of ten members of parliament. According to the report, in 1993 and 1994 the inhabitants of 905 villages and 2,923 hamlets were evicted and forced to move to other regions of the country (p.13). 30. The report included a statement by Mr Doğan Hatipoğlu, a former governor of Diyarbakır. Mr Hatipoğlu explained that, during his office, occasional village evacuations by military authorities were brought to his attention. He stated that – although very rarely – he had received complaints about village burnings. According to Mr Hatipoğlu, it was inconceivable to assert that all the villages were vacated due to PKK coercion. He alleged that the Government had failed to take the necessary measures for a healthy resettlement of displaced persons (p.13). 31. The report also referred to the “Human Rights Report – Turkey”, prepared and submitted to the Commission of Inquiry in 1995 by Mr Yavuz Önen, the chairman of the Human Rights Foundation. This latter report dedicated a chapter to immigrants and evacuated villages. It argued that, in 1995, the practice of evacuation of villages and hamlets was widespread. Many houses in villages were either destroyed or made uninhabitable. People were forced to emigrate from the region and pressure was exerted on the inhabitants until they left their villages. In early 1995 there was practically no village or hamlet inhabited except those whose inhabitants agreed to become village guards (p.19). 32. The report of the Commission of Inquiry also referred to the speech delivered at the Turkish Grand National Assembly by Mr Salih Yıldırım, a deputy from Şırnak, on 3 June 1997 on the question of evacuated villages. Mr Yıldırım stated, inter alia, that the villages were evacuated either by the PKK, in order to intimidate those who opposed it, by the authorities since they were unable to protect the villages, or because the inhabitants of those villages refused to become village guards or were suspected of having aided the PKK (p. 20). 33. In conclusion, it was recommended in the report that the inhabitants of the settlement units should be re-housed in the provinces, districts or central villages – rather than hamlets – close to the area where they used to live and that necessary economic measures should be taken with a view to providing employment to the inhabitants of the region, priority being given to the immigrants. 34. This report aims at establishing the property owned by each of the applicants. Having regard to the registers of the land registry office and municipality registry office, it appears that Abbas Öztoprak did not own any property. He was not subscribed to TEDAŞ, meaning that he did not have electricity at home. However, he receives pension from the State. It further appeared that Mr Öztoprak owned a “green card” given to very poor people for medical care and that he received TRL 75,000,000 in aid from the Ovacık District Governor’s office. 35. Mehmet Öztoprak owned 8,000 square metres of land according to the land registry records. It was estimated that he could derive TRL 128,000,000’s annual income at the relevant time. Mr Öztoprak owned a “green card” given to very poor people for medical care. The Ovacık District Governor’s office gave him 11 sheep, TRL 195,000,000 and food in aid for his living. Between 1994 and 2002 Mr Öztoprak lived in a house in the disaster houses complex provided by the Government. In 2002 he moved into a house which was built within the context of “return to village and rehabilitation project”. 36. Şahin Toprak did not own any property according to the land registry records. But he owned a 60 square metres, a house and a stable as well as land measuring 14,000 square metres according to his declaration of 9 June 1994 to the municipality registration office. It was estimated that he could derive TRL 224,000,000’s annual income at the relevant time. Since 24 April 1993 he is the holder of a “green card” given to very poor people for medical care. Mr Toprak received food and TRL 125,000,000’s in aid from the Ovacık District Governor’s office. Furthermore, he lived in a house in the disaster houses complex provided by the Government. In 2002 he moved into a house which was built within the context of “return to village and rehabilitation project”. (b) Veys Toprak’s statements dated 10 March 2004, taken by two gendarme officers 37. The witness is a former resident of Halitpınar village. He is currently the mayor of Kandolar neighbourhood in Ovacık. His statements were taken in order to determine the situation of the applicants who had lodged an application with the Court. The witness stated that between 1994 and 2002 the applicants had lived in prefabricated houses in Kandolar neighbourhood of Ovacık. In 2002 they had moved into new houses built by the Government. At the relevant time nobody lived in Halitpınar. There was no electricity, school or telephone in the village. (c) Letter of 1 November 1994 from the Ovacık District Gendarme Commander to the Chief Public Prosecutor’s office in Ovacık 38. Gendarme Major Yüksel Sönmez informed the Chief Public Prosecutor that the houses belonging to Reis Toprak, Kamber Çelik, Veli Çelik and Süleyman Toprak in Halitpınar village and in Toprak hamlet had been burned down by terrorists wearing military uniforms. In his opinion, the terrorists aimed at pacifying the security forces and creating hostility between the latter and the people in the region. (d) Investigation report of 4 June 1995, prepared by police superintendent Bahri Üstüner 39. Following an investigation conducted into the allegations that State security forces had burned down houses in Halitpınar village, the inspector established that the houses had not been burned down by the security forces but by terrorists wearing military uniforms. The terrorists had further forced the villagers to complain to the authorities that their houses had been burned down by the security forces. The inspector also noted that the security forces had been conducting operations in the region with a view to maintaining the security of the people and that therefore they would not burn villages or give damage to property.

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9. The applicant, who was born in 1956, was living in Otlubahçe village at the time of the alleged events giving rise to this application. The facts of the case are in dispute between the parties and may be summarised as follows. 10. Until October 1994 the applicant lived in Otlubahçe, a village of Ovacık district in Tunceli province, in the then state-of-emergency region of Turkey. In 1994, terrorist activity was a major concern in this area. Since the 1980s a violent conflict had been going on in the region between the security forces and sections of the Kurdish population in favour of Kurdish autonomy, in particular members of the PKK (Workers’ Party of Kurdistan). The inhabitants of the applicant’s village were suspected of “aiding and abetting terrorists”; and accordingly they were strictly and frequently controlled by the gendarmes stationed near the village. 11. On 5 October 1994 the security forces surrounded the applicant’s village and assembled the residents in the village square. Using curse words, they told them that the village would be evacuated at once with no possibility of return. The applicant took what he was able to carry with him and left the village. Immediately after the evacuation, the soldiers set the houses and the crops on fire. 12. The applicant moved temporarily into a prefabricated State disaster housing complex close to Ovacık. 13. Following the impugned events the applicant filed a petition with the Ovacık Public Prosecutor’s office complaining about the burning down and forced evacuation of his village by gendarmes. 14. As the case concerned an investigation into alleged acts of the security forces, the Ovacık Public Prosecutor issued a decision of non‑jurisdiction and referred the petition to the office of the District Governor in Ovacık in accordance with the Law on the Prosecution of Civil Servants (Memurin Muhakematı Kanunu). 15. The District Governor sent a letter to the Ovacık Gendarmerie Headquarters and requested information about the applicant’s allegations. 16. In a letter of 1 November 1994 the Gendarmerie Commander informed the District Governor that the security forces had not burned any house during their operations in the area. Accordingly, the Ovacık Administrative Council issued a decision to discontinue the criminal proceedings against the gendarmes. 17. On 25 October 1995 the Ovacık District Governor sent a letter to the applicant. Relying on the Ovacık Gendarmerie Commander’s letter of 1 November 1994, he explained that he was unconvinced by his allegations. He further explained that pursuant to the established case-law of the Supreme Administrative Court (Danıştay), no inquiry was possible unless the identity of the accused civil servant were specified. He therefore stated that the authorities would not initiate an investigation into the alleged events. 18. The applicant did not receive this letter. He learned of the Ovacık Public Prosecutor’s decision of non-jurisdiction and the Ovacık Administrative Council’s decision from his fellow villagers. 19. In 1994 members of the PKK started a propaganda campaign for the organisation in the villages of Ovacık district. They kidnapped young men from these villages and forced them to join the organisation. The PKK militants issued threats against the villagers and harassed them. The inhabitants of the villages left their homes as a result of the pressure exerted by the PKK. 20. The investigation carried out by the authorities revealed that the applicant’s village had not been burned by the security forces but by terrorists wearing military uniforms. In his statements to the investigating authorities, the applicant failed to specify the identity of the perpetrators of the alleged crime. 21. The parties submitted various documents with a view to substantiating their claims. These documents, in so far as they are relevant, can be summarised as follows. 22. The Human Rights Foundation is a non-governmental organisation with its head office in Ankara, Turkey. Its 1993 Report stated that, from 1990 to 1993, more than 913 villages and hamlets had been evacuated. The 1993 Report maintained that village evacuations had accelerated in 1993, mostly targeting the villages whose inhabitants refused to serve as village guards. 23. The 1994 Report of the TIHV argued that the Government’s policy was to claim that the evacuations and eventual destructions were caused by PKK terror, poverty and the forces of nature. According to the same report, some 50 to 60 villages were burned down in each of the provinces subject to the emergency rule. 24. The 1995 Report maintained that more than 400 villages had been evacuated in 1995. According to the 1996 Report, the State-of-Emergency Regional Governor once mentioned that a total of 918 villages and 1,767 hamlets had been evacuated for various reasons, although never admitting that evacuations had been carried out by security forces. 25. The 1997 and 1998 Reports described the Government’s policy of evacuating villages as a systematic “internal security operation” applied throughout the 1990s. (b) Excerpts from “Burned-down / Evacuated Villages and Migration”, a book published by the Human Rights Association 26. The excerpts gave a comprehensive list of burned-down and/or evacuated villages from February 1990 to January 1999. The list did not make any reference to Otlubahçe as having been evacuated and destroyed. 27. The excerpts contained several articles reproduced from a daily newspaper Ülkede Gündem, relating to the evacuation of villages and its detrimental effects on the displaced persons. The articles stressed that numerous villagers had filed petitions with the State authorities, complaining that their villages had been burned down by security forces. 28. The articles also emphasized that the Government’s public declarations, which appeared to allow displaced villagers to return to their villages, were unreliable. Whenever villagers had attempted to do so, they were physically denied access to their villages. (c) The report of 14 January 1998 of the Turkish Grand National Assembly’s Commission of Inquiry on the measures to be taken in order to address the problems of the persons displaced following the evacuation of settlement units in east and south-east Anatolia. 29. This report was prepared by a Commission of Inquiry composed of ten members of parliament. According to the report, in 1993 and 1994 the inhabitants of 905 villages and 2,923 hamlets were evicted and forced to move to other regions of the country (p.13). 30. The report included a statement by Mr Doğan Hatipoğlu, a former governor of Diyarbakır. Mr Hatipoğlu explained that, during his office, occasional village evacuations by military authorities were brought to his attention. He stated that – although very rarely – he had received complaints about village burnings. According to Mr Hatipoğlu, it was inconceivable to assert that all the villages were vacated due to PKK coercion. He alleged that the Government had failed to take the necessary measures for a healthy resettlement of displaced persons (p.13). 31. The report also referred to the “Human Rights Report – Turkey”, prepared and submitted to the Commission of Inquiry in 1995 by Mr Yavuz Önen, the chairman of the Human Rights Foundation. This latter report dedicated a chapter to immigrants and evacuated villages. It argued that, in 1995, the practice of evacuation of villages and hamlets was widespread. Many houses in villages were either destroyed or made uninhabitable. People were forced to emigrate from the region and pressure was exerted on the inhabitants until they left their villages. In early 1995 there was practically no village or hamlet inhabited except those whose inhabitants agreed to become village guards (p.19). 32. The report of the Commission of Inquiry also referred to the speech delivered at the Turkish Grand National Assembly by Mr Salih Yıldırım, a deputy from Şırnak, on 3 June 1997 on the question of evacuated villages. Mr Yıldırım stated, inter alia, that the villages were evacuated either by the PKK, in order to intimidate those who opposed it, by the authorities since they were unable to protect the villages, or because the inhabitants of those villages refused to become village guards or were suspected of having aided the PKK (p. 20). 33. In conclusion, it was recommended in the report that the inhabitants of the settlement units should be re-housed in the provinces, districts or central villages – rather than hamlets – close to the area where they used to live and that necessary economic measures should be taken with a view to providing employment to the inhabitants of the region, priority being given to the immigrants. 34. This report aims at indicating the property owned by the applicant. Following an investigation carried out by the authorities it appeared that the applicant owned a house and a plot of land measuring 19,506 metres square according to the records of the land registry office. He has another plot of land measuring 31,000 metres square according to the municipal registry office. It was estimated that the applicant could derive 816,000,000 Turkish liras’ income from his lands. The applicant does not have any registered trees. According to the official records, he did not have any commercial activity given that he did not pay any tax. (b) Halit Şaylı and Hasan Süzgün’s statements dated 10 March 2004, taken by two gendarmes 35. The witnesses are two inhabitants of Otlubahçe village in Ovacık province. Their statements were taken in order to determine the situation of the applicant who had lodged an application with the Court. The witnesses stated that the applicant lived in Pulur neighbourhood of Ovacık. The witnesses also noted that there was no electricity, school or telephone in Otlubahçe.

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