Datasets:

akkasi

/

ecthr_cases

like 0

5. The applicant was born in 1968 and lives in Šentrupert. 6. On 12 October 1996 the applicant was injured in a car accident. The perpetrator of the accident had taken out insurance with the insurance company ZT. 7. On 13 May 1997 the applicant instituted civil proceedings against ZT in the Celje District Court (Okrožno sodišče v Celju) seeking damages in the amount of 2,064,671 tolars (approximately 8,600 euros) for the injuries sustained. Between 11 September 1998 and 30 October 2001 the applicant lodged six preliminary written submissions and/or adduced evidence. Between 19 September 1997 and 8 June 1998 he made three requests that a date be set for a hearing. Of the three hearings held between 11 September 1998 and 3 October 2001 none was adjourned at the request of the applicant. During the proceedings the court appointed two medical experts. The court also sought an additional opinion from the appointed experts. At the last hearing the court decided to deliver a written judgment. The judgment, upholding the applicant’s claim in part, was served on the applicant on 25 October 2001. 8. On 6 November 2001 the applicant appealed to the Celje Higher Court (Višje sodišče v Celju). ZT cross-appealed. On 12 February 2003 the court dismissed the applicant’s appeal and upheld the ZT’s appeal in part. The judgment was served on the applicant on 23 April 2003. 9. On 24 April 2003 the applicant lodged an appeal on points of law with the Supreme Court (Vrhovno sodišče). On 7 October 2004 the court dismissed the applicant’s appeal. The judgment was served on the applicant on 9 November 2004.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

5. The applicant was born in 1963 and lives in Petrovče. 6. On 17 March 1994 the applicant was injured in an accident at work. The applicant’s employer had taken out insurance with the insurance company ZT. 7. On 20 June 1994 the applicant instituted civil proceedings against ZT in the Celje Basic Court, Celje Unit (Temeljno sodišče v Celju, Enota v Celju) seeking damages in the amount of 795,722 tolars (approximately 3.300 euros) for the injuries sustained. On 1 January 1995 the Celje Local Court (Okrajno sodišče v Celju) gained jurisdiction in the present case due to the reform of the Slovenian judicial system. Between 16 November 1994 and 29 December 1997 the applicant lodged four preliminary written submissions and/or adduced evidence. Between 16 November 1994 and 6 November 1996 he made eight requests that a date be set for a hearing. Of the three hearings held between 11 December 1996 and 29 January 1998 none was adjourned at the request of the applicant. During the proceedings the court appointed a medical expert. At the last hearing the court decided to deliver a written judgment. The judgment, upholding the applicant’s claim in part, was served on the applicant on 18 February 1998. 8. On 4 March 1998 the applicant appealed to the Celje Higher Court (Višje sodišče v Celju). ZT cross-appealed. On 10 June 1998 the court allowed the appeals and remitted the case to the first-instance court for re-examination. The decision was served on the applicant on 27 August 1998. 9. Between 4 February 1999 and 12 April 2001 the applicant lodged five preliminary written submissions and/or adduced evidence. Between 15 March and 4 May he made three requests that a date be set for a hearing. Of the four hearings held between 15 June 1999 and 22 May 2001 none was adjourned at the request of the applicant. During the proceedings the court appointed a work-safety expert. At the last hearing the court decided to deliver a written judgment. The judgment, upholding the applicant’s claim, was served on the applicant on 19 June 2001. 10. On 20 June 2001 the applicant appealed to the Celje Higher Court. ZT cross-appealed. On 18 July 2002 the court allowed the appeals in part and amended the first-instance court’s judgment. The decision was served on the applicant on 10 September 2002.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

5. The applicant was born in 1955 and lives in Velenje. 6. On 15 December 1996 the applicant was injured in an accident at work. 7. On 3 January 1997 the applicant instituted civil proceedings against her employer G in the Celje District Court (Okrožno sodišče v Celju) seeking damages in the amount of 3,320,317 tolars (approximately 13,840 euros) for the injuries sustained. Between 14 December 1998 and 10 February 2000 the applicant lodged three preliminary written submissions. Between 20 November 1997 and 23 June 1998 she made three requests that a date be set for a hearing. Of the four hearings held between 20 November 1998 and 25 February 2000, none was adjourned at the request of the applicant. During the proceedings, the court appointed a medical expert. The court also sought an additional opinion from the appointed expert. In the course of the proceedings the trail judge was appointed to the Higher Court and the case file was therefore assigned to another judge. At the last hearing, the court decided to deliver a written judgment. The judgment, upholding the applicant’s claim in part, was served on the applicant on 8 May 2000. 8. On 12 May 2000 the applicant appealed to the Celje Higher Court (Višje sodišče v Celju). G cross-appealed. On 4 October 2001 the court allowed both appeals in part and reduced the awarded damages. The judgment was served on the applicant on 6 November 2001. On 27 February 2002 the court issued a decision concerning G’s legal costs that had been missed out in the judgment. 9. On 21 November 2001 the applicant lodged an appeal on points of law with the Supreme Court (Vrhovno sodišče). She also requested that a Supreme Court judge be excluded from the proceedings, which was rejected by the court on 10 June 2002. On 8 January 2003 the court allowed the applicant’s appeal in part. The judgment was served on the applicant on 6 March 2003.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

5. The applicant was born in 1947 and lives in Bohinjska Bistrica. 6. The case concerns three set of proceedings resulting from the dismissal of the applicant from his office in 1994, subsequent transfer to other posts and, ultimately, the termination of his employment in 1998. During the proceedings the applicant urged different authorities to accelerate the proceedings, including the Petition’s Commission of the Parliament, the Ombudsman for Human Rights and the Higher Labour and Social Court. 7. On 14 March 1994 the applicant’s employer A dismissed the applicant from a job position of a technical director and on 15 March 1994 transferred him to a new post. 8. On 28 February 1994 the applicant instituted proceedings against A in the Ljubljana Labour and Social Court (Delovno in socialno sodišče v Ljubljani) seeking, inter alia, the annulment of the above mentioned decisions. Of the seven hearings held between 17 February 1995 and 10 September 1997, none was adjourned at the request of the applicant. On 4 June 1997 the applicant requested the exclusion of a judge from the proceedings, which was rejected on 2 July 1997. At the last hearing, the court decided to deliver a written judgment. The judgment, rejecting the applicant’s claim, was served on the applicant on 17 October 1997. 9. On 24 October 1997 the applicant appealed to the Higher Labour and Social Court (Višje delovno in socialno sodišče). On 4 May he made a request to speed up the proceedings. On 14 January 2000 the court allowed the applicant’s appeal and remitted the case to the first-instance court for re-examination. 10. In the meanwhile, on 16 November 1998, the applicant lodged a constitutional appeal with the Constitutional Court (Ustavno Sodišče), which was rejected on 2 February 1999 as premature. 11. In the re-examination proceedings, of the four hearings held between 20 June 2000 and 15 October 2001, one was adjourned due to the applicant’s modification of the claim. At the last hearing, the court decided to deliver a written judgment. The judgment, upholding the applicant’s claim in part, was served on the applicant on 27 November 2001. 12. On 5 December 2001 the applicant appealed to the Higher Labour and Social Court. On 24 September 2004 the court in part upheld the first-instance court judgment and in part remitted the case to the first-instance court for re-examination. The Higher Labour and Social Court’s judgment was served on the applicant on 9 February 2005. 13. On 5 March 2005 the applicant lodged an appeal on points of law with the Supreme Court (Vrhovno sodišče) against the part of the Higher Court’s judgment upholding the first-instance court judgment. The proceedings are pending in part before the Supreme Court and in part on the first instance. 14. On 9 November 1998 the applicant was again transferred to a new post. 15. On 22 December 1998 the applicant instituted proceedings against A in the Ljubljana Labour and Social Court seeking annulment of the above decision on transfer and payment of the loss in his salary. On 9 January 2002 the court held a hearing. After the hearing, the court delivered a judgment, in which it excluded from the proceedings the part of the claim concerning the difference in the salary, which was joined with the third set of the proceedings, and rejected the remainder of the applicant’s claim. 16. On 7 March 2002 the applicant appealed to the Higher Labour and Social Court. On 29 January 2004 the court dismissed the applicant’s appeal. The judgment was served on the applicant on 15 March 2004. 17. On 10 April 2004 the applicant lodged an appeal on points of law with the Supreme Court. On 15 February 2005 the court dismissed the applicant’s appeal. The judgment was served on the applicant on 2 March 2005. 18. Ultimately, on 30 December 1998, A dismissed the applicant from work and on 17 March 1999 terminated his employment. 19. On 30 March 1999 the applicant instituted civil proceedings in the Ljubljana Labour and Social Court seeking the annulment of that decision and recognition of continuation of his employment. Of the two hearings held on 9 January 2002 and 5 February 2002, neither was adjourned at the request of the applicant. At the last hearing, the court delivered a judgment, rejecting the applicant’s claim. 20. On 22 March 2002 the applicant appealed to the Higher Labour and Social Court. On 2 April 2004 the court dismissed the applicant’s appeal. The judgment was served on the applicant on 4 May 2004. 21. On 11 May 2004 the applicant lodged an appeal on points of law with the Supreme Court. On 15 February 2005 the court dismissed the applicant’s appeal. The judgment was served on the applicant on 2 March 2005.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

8. The applicant was born in 1936 and lives in Kumertau in the Republic of Bashkortostan. 9. In September 1994 the applicant purchased an imported second-hand car from a third person. Subsequently, the Bashkir Customs Board (“the Customs”) discovered that the car had been customs cleared by its previous owner on the basis of forged documents for which reason, on 13 May 1997, it confiscated the car pursuant to Article 280 of the Customs Code. 10. Upon the applicant’s challenge on 15 May 1997 to the Customs’ decision, seeking to declare the decision to seize the car unlawful, the Sovetskiy District Court of Ufa upheld the Customs’ decision on 24 June 1997. The judgment was final and not subject to appeal. 11. On an unspecified date the applicant requested the Supreme Court to examine the case anew under a supervisory-review procedure. On 5 February 1999 the Presidium of the Supreme Court of Bashkortostan allowed the application, set aside the judgment and remitted the case for re-examination. 12. By judgment of 19 March 1999 the Sovetskiy District Court held in the applicant’s favour. It found it established that the applicant had not known that the customs clearance was improper for which reason the court quashed the Customs’ decision of 13 May 1997 as unlawful. The judgment was final and not subject to appeal. 13. Following a subsequent successful supervisory-review request submitted by the Customs, the above judgment of 19 March 1999 was quashed and the case remitted once more to the Sovetskiy District Court for consideration. By judgment of 28 April 2000 this court held in favour of the Customs and dismissed the applicant’s challenge to the Customs’ decision of 13 May 1997. 14. Following yet another supervisory review the Supreme Court of the Russian Federation on 3 June 2002 quashed the above judgment of 28 April 2000 and re-instated the judgment of 19 March 1999 which granted the applicant’s complaint that the Customs’ decision of 13 May 1997 was unlawful. 15. According to the applicant, since his request for recovery of the car lodged with the Customs on 24 April 1999 had been to no avail, on 3 June 1999 he unsuccessfully attempted to file a suit against the Customs before the Sovetskiy District Court of Ufa seeking, inter alia, the restitution of his car and non-pecuniary damages. He then unsuccessfully attempted to bring many actions against courts, including the Sovetskiy District Court of Ufa, and individual judges accusing them of libel, incompetence, and obstruction of justice. However, he has failed, according to information available to the Court, properly to institute proceedings with a view to obtain compensation for the relevant losses. 16. According to the Government, the car was not returned to the applicant because it had been sold following its confiscation in accordance with the legislation of the Russian Federation.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

5. The applicant was born in 1961 and lives in Žalec. 6. On 23 November 1993 the applicant was injured in an accident at work. The applicant’s employer had taken out insurance with the insurance company ZT. 7. On 4 August 1995 the applicant instituted civil proceedings against ZT in the Celje District Court (Okrožno sodišče v Celju) seeking damages in the amount of 8,174,751 tolars (approximately 34,000 euros) for the injuries sustained. On 31 January 1996 the applicant requested that a date be set for a hearing. On 15 January 1997 and 16 April 1998 he lodged preparatory written submissions. On 6 February 1997 and 21 April 1998 the court held hearings. During the proceedings the court appointed a medical expert. At the last hearing the court decided to deliver a written judgment. The judgment, upholding the applicant’s claim in part, was served on the applicant on 21 May 1998. 8. On 5 June 1998 the applicant appealed to the Celje Higher Court (Višje sodišče v Celju). ZT cross-appealed. On 14 January 1999 the first-instance court, at the request of the Celje Higher Court, amended the apparent errors in the judgment and resubmitted the case to the Celje Higher Court. On 13 May 1999 the court allowed both appeals in part and remitted the case to the first-instance court for re-examination in the part referring to the damages for disfigurement. The judgment was served on the applicant on 26 August 1999. 9. On 21 September 1999 the applicant lodged an appeal on points of law with the Supreme Court (Vrhovno sodišče). ZT cross-appealed. On 31 May 2000 the court dismissed the applicant’s appeal and upheld ZT’s appeal. The judgment was served on the applicant on 17 July 2000. 10. On 27 July 2000 the applicant lodged a constitutional appeal. On 11 June 2001 the Constitutional Court (Ustavno sodišče) dismissed the applicant’s appeal. The decision was served on the applicant on 4 July 2001. 11. On 9 April 2002 the first-instance court held a hearing concerning the damages for disfigurement. The parties reached a court settlement. On 4 October 2002 the applicant requested the court to decide on the costs and expenses. The court rendered the decision on 3 July 2003. 12. The applicant lodged an appeal with the Celje Higher Court contesting the decision on costs and expenses. On 18 November 2004 the court allowed the appeal and remitted the case to the first-instance court for re-examination. The decision was served on the applicant on 28 December 2004. 13. On 16 February 2005 the applicant lodged preliminary written submissions. The case is pending before the Celje District Court.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

5. The applicant was born in 1971 and lives in Vitanje. 6. On 28 April 1993 the applicant was injured in an accident at work. The applicant’s employer had taken out insurance with the insurance company ZT. 7. On 2 June 1994 the applicant instituted civil proceedings against ZT in the Celje Basic Court, Slovenske Konjice Unit (Temeljno sodišče v Celju, Enota v Slovenjskih Konjicah) seeking damages in the amount of 5,075,000 tolars (approximately 21,000 euros) for the injuries sustained. On 1 January 1995 the Celje District Court (Okrožno sodišče v Celju) gained jurisdiction in the case due to the reform of the Slovenian court system. At an undetermined time in 1996, the presiding judge was appointed to the Celje Higher Court (Višje sodišče v Celju) and the case was assigned to a new judge. Between 14 July 1994 and 27 March 1997 the applicant made six requests that a date be set for a hearing. During this time he lodged six preliminary written submissions and/or adduced evidence. Of the six hearings held between 7 June 1995 and 2 October 1998 none was adjourned at the request of the applicant. During the proceedings the court appointed a medical expert. At the last hearing the court decided to deliver a written judgment. The judgment, upholding the applicant’s claim in part, was served on the applicant on 29 December 1998. 8. On 31 December 1998 the applicant appealed to the Celje Higher Court (Višje sodišče v Celju). ZT cross-appealed. On 12 May 1999 the court allowed both appeals in part and lowered the damages awarded. The judgment was served on the applicant on 17 July 1999. 9. On 30 July 1999 the applicant lodged an appeal on points of law with the Supreme Court (Vrhovno sodišče). On 14 April 2000 he sought a recusal of one of the judges. On 23 May 2000 the president of the court rejected the request for a recusal. On 1 July 2000 the court dismissed the applicant’s appeal. The judgment was served on the applicant on 17 July 2000. 10. On 27 July 2000 the applicant lodged a constitutional appeal. On 11 June 2001 the Constitutional Court (Ustavno sodišče) dismissed the applicant’s appeal. The decision was served on the applicant on 4 July 2001.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

5. The applicant was born in 1947 and lives in Grobelno. 6. On 6 August 1989 the applicant was run over at the border crossing between Slovenia (at the time forming part of Federal Republic of Yugoslavia) and Austria by a caravan driven by a Dutch citizen who had taken out insurance with the insurance company CBS. 7. On 8 November 1989 the applicant instituted civil proceedings against the insurance companies ZT and CBS in the Celje Basic Court, Šentjur Unit (Temeljno sodišče v Celju, Enota Šentjur) seeking damages for the injuries sustained. Following the first hearing, which was held on 22 December 1989, the court appointed medical and financial experts. On 1 January 1995 the case was transferred to the Celje District Court (Okrožno sodišče v Celju) following the reorganization of the Slovenian courts. On 23 February 1995 the Ministry of Justice of the Republic of Slovenia requested the Hertogenbosch Municipal Court (the Netherlands) to hear a witness. Between 23 August 1994 and 21 June 1999 the applicant made fourteen requests that a date be set for a hearing. Between 17 December 1997 and 16 April 2003 he lodged twenty-four preliminary written submissions and/or adduced evidence. Of the seven hearings held between 4 December 1997 and 13 May 2003 one was adjourned at the request of the applicant. During the proceedings the court appointed three medical experts, a road traffic expert and an expert on financial accounting. The judgment upholding in part the applicant’s claims was served on the applicant on 12 June 2003. 8. On 16 June 2003 the applicant appealed to the Celje Higher Court (Višje sodišče v Celju). ZT and CBS cross-appealed. On 14 April 2004 the court allowed the applicant’s appeal in part and amended the first-instance court judgment. The court dismissed the ZT’s and CBS’s appeal. The judgment was served on the applicant on 17 June 2004. 9. On 30 June 2004 the applicant lodged an appeal on points of law with the Supreme Court (Vrhovno sodišče). The proceedings are still pending.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

5. The applicant was born in 1973 and lives in Celje. 6. On 25 February 1994 the applicant was injured while serving a military service as a conscript. 7. On 4 February 1997 the applicant instituted civil proceedings against the Ministry of Defence in the Ljubljana Local Court (Okrajno sodišče v Ljubljani) seeking damages in the amount of 1,821,312 Slovenian tolars (approximately 7,590 euros) for the injuries sustained. On 30 October 2000 the Ljubljana Local Court declared that the case was out of its jurisdiction and reassigned it to the Ljubljana District Court (Okrajno sodišče v Ljubljani). Between 26 October 2000 and 15 October 2001 the applicant lodged four preliminary written submissions and/or adduced evidence. Between 9 September 1998 and 20 November 2001 he made six requests that a date be set for a hearing. Of the five hearings held between 20 September 2001 and 31 May 2002, none was adjourned at the request of the applicant. At the last hearing, the Ljubljana District Court decided to deliver a written judgment. The judgment, rejecting the applicant’s claim, was served on the applicant on 11 June 2002. 8. On 27 June 2002 the applicant appealed to the Ljubljana Higher Court (Višje sodišče v Ljubljani). On 11 June 2003 the court allowed the applicant’s appeal and remitted the case to the first-instance court for re-examination. The decision was served on the applicant on 26 June 2003. 9. In the re-examination proceedings, the applicant made a request that a date be set for a hearing on 28 August 2003. On 16 October 2003 he lodged preliminary written submissions. Hearings were held on 30 October 2003 and 8 December 2003. A hearing scheduled for 22 December 2003 was postponed until 12 January 2004 at the request of the applicant due to the death of his family member. The applicant did not attend the hearing scheduled for 12 January 2004 and the Ljubljana District Court consequently issued a decision suspending the proceeding. On 13 April 2004 the applicant requested the court to continue the proceedings and on 6 May 2004 made a request that a date be set for a hearing. Of the two hearings held on 4 June 2004 and on 2 September 2005, none was adjourned at the request of the applicant. During the proceedings, the court appointed a medical expert. On 28 October 2004 and 1 August 2005 the applicant lodged written submissions. At the last hearing, the court decided to deliver a written judgment. The judgment, upholding the applicant’s claim in part, was served on the applicant on 3 October 2005. 10. On 18 October 2005 the applicant appealed to the Ljubljana Higher Court. The proceedings are still pending.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

5. The applicant was born in 1959 and, at the time of the latest information from him, lived in Burgas. 6. In 1993 the applicant became the chairman of the board of a credit and savings cooperative (popular bank) – Popular Bank‑Pekov – having its registered office in Burgas. 7. In 1994 the applicant became the chairman of the board of the Union of the Popular Banks, having its registered office in Burgas. 8. On an unspecified date in mid-1995 criminal proceedings were opened against the applicant in relation with his duties as chairman of the board of Popular Bank‑Pekov. 9. On 15 August 1995 the investigation authorities requested the Nesebar District Court to attach certain assets belonging to the applicant and to Popular Bank‑Pekov, with a view to securing their forfeiture in the event the applicant was convicted. In a decision of 21 August 1995 the Nesebar District Court allowed that request. 10. On 25 August 1995 an investigator at the Burgas Regional Investigation Service attached further property belonging to Popular Bank-Pekov. 11. On 29 August 1995 the applicant was charged with having engaged in banking business without the requisite licence, contrary to Article 252 § 2 of the Criminal Code (“the CC”). 12. On 3 January 1996 new charges were preferred against the applicant. It was alleged that he had misappropriated 65,000,000 old Bulgarian levs (BGL) from the deposits made in Popular Bank‑Pekov, contrary to Article 203 § 1 of the CC. 13. It seems that witnesses were questioned on 4 January, 30 and 31 July, 17 and 23 September, 17 and 22 October, 4 November, and 6, 9, 10 and 15 December 1996, 14 and 18 January, 20 and 28 February, 20 March, and 4 and 7 August 1997. On an unspecified date an accounting expert report was drawn up. 14. On 4 February 1998 the applicant was charged anew under Articles 202 § 2, 219 § 1, 252 § 2 and 282 § 2 of the CC. 15. On 7 July 1998 the Burgas Regional Prosecutor’s Office decided to drop the charges under Articles 203 § 1 and 219 § 1 of the CC. On 15 December 1998 its decision was quashed by the Burgas Appellate Prosecutor’s Office insofar as it concerned the charges under Article 219 § 1 of the CC, and upheld, insofar as it concerned the charges under Article 203 § 1 of the CC. 16. On 10 July 2001 the applicant was charged anew under Articles 201, 202 §§ 1 and 2, 219 § 1, 252 §§ 1 and 2, and 282 § 2 of the CC. 17. On 18 December 2001 the charges against the applicant were amended once again to include counts under Articles 201, 202 §§ 1 and 2, 219 § 1, 252 §§ 1 and 2, and 282 § 2 of the CC. 18. On 3 July 2003 the applicant was charged anew under Articles 202 § 2, 219 § 4, 252 § 2 and 282 § 2 of the CC. 19. On 8 July 2003 the Burgas Regional Prosecutor’s Office submitted an indictment against the applicant to the Burgas Regional Court. 20. The first hearing, listed for 27 October 2003, was adjourned at the request of the applicant, who presented a doctor’s note to the effect that he was ill and could not attend, and argued that the copy of the indictment which had been sent to him had pages missing. Another reason for the adjournment was that most of the prosecution’s witnesses did not show up. 21. A hearing scheduled for 12 January 2004 was adjourned by reason of the failure of a number of witnesses to show up. The court ordered a new accounting expert report to be drawn up by three experts. 22. A hearing planned for 5 April 2004 could not take place because the accounting expert report had not yet been drawn up and a number of witnesses were absent. The court fined some of the missing witnesses and ordered that they be brought by force to the next hearing. 23. At the next hearing, which took place on 12, 13 and 14 July 2004, the applicant requested that the case be remitted for the correction of alleged procedural mistakes made during the preliminary investigation. His request was denied. The court heard the applicant and approximately fifteen witnesses. However, as a number of other witnesses were absent, the court adjourned the case. It gave leave to the parties to ask the experts additional questions. 24. A hearing took place on 15 November 2004. The court heard several witnesses, but as a number of others were absent, it adjourned the case. 25. A hearing listed for 7 February 2005 was adjourned at the request of the applicant, who presented a doctor’s note to the effect that he was ill and could not attend. 26. A hearing took place on 25 April 2005. The court heard several witnesses. The prosecution stated that certain amounts allegedly misappropriated and squandered by the applicant had been wrongly noted down in the indictment by reason of an error in the calculations. In reply the applicant submitted that the correction of the mistakes in the indictment constituted an amendment of the charges against him and requested an adjournment in order to prepare his defence. The court agreed and adjourned the case to 27 April 2005. 27. On 27 April 2005 the court heard one witness and adjourned the case at the request of the applicant, holding that in view of the large volume of written evidence, he should be given more time to prepare his defence after the amendment of the charges, even though this amendment consisted only in the correction of an error in the amounts noted down in the indictment. 28. At the time of the latest information from the parties (10 May 2005) the criminal proceedings against the applicant were still pending before the Burgas Regional Court; a hearing had been listed for 20 June 2005. 29. On 29 August 1995, when the applicant was first charged, the investigator dealing with his case ordered him to pay bail in the amount of BGL 500,000. The applicant appealed to the Burgas District Prosecutor’s Office, stating that this sum was too high and he could not pay it. In a decision of 11 September 1995 the Burgas District Prosecutor’s Office dismissed his appeal, reasoning that he owned sufficient assets and that the amount was justified in view of the gravity of the offence alleged against him. On the appeals of the applicant that decision was upheld by the Burgas Regional Prosecutor’s Office, but later, on 28 November 1995, varied by the Chief Prosecutor’s Office, which reduced the bail amount to BGL 250,000. 30. On 3 January 1996, when preferring new charges of misappropriation of funds against the applicant, the investigator of the Burgas Regional Investigation Service in charge of the case ordered his pre‑trial detention. She noted, without providing further detail, that the offence alleged against him was particularly serious, and that there was a risk that he could imperil the investigation. The investigator’s decision was confirmed by a prosecutor of the Burgas Regional Prosecutor’s Office the same day. 31. On the appeal of the applicant, on 5 January 1996 the Burgas Regional Prosecutor’s Office decided to release him on bail, citing his bad health requiring special medical treatment. It seems that the applicant paid the bail amount – BGL 250,000 – the same day and was released. 32. On 6 May 1996 the investigator in charge of the applicant’s case once again ordered his pre‑trial detention. She reasoned that he had failed to show up for questioning despite having been duly summoned on 26 March 1996. Moreover, on 2, 3 and 4 April 1996 it had proved impossible to find him at the address indicated by him in Sofia. The applicant had also failed to report to the Burgas Regional Investigation Service every second Thursday of the month, as ordered by the investigator. It could thus be inferred that he had failed to show up without good cause and that it was therefore necessary to take him into custody. That decision was confirmed by a prosecutor of the Burgas Regional Prosecutor’s Office on 16 May 1996. 33. In May and June 1996 the police conducted initially a local and afterwards a nation‑wide search for the applicant. 34. On 5 July 1996 the applicant was arrested. It was found that on 16 May 1996 he had changed his address without notifying the investigation authorities. 35. The applicant appealed against his pre‑trial detention to the Burgas Regional Prosecutor’s Office. In her observations in reply to the appeal the investigator in charge of his case stated that the his pre-trial detention was mandatory, as he had been charged with a “serious intentional offence” and there were no reasons to apply the exception provided for by paragraph of 2 of Article 152 of the Code of Criminal Procedure (“the CCP”). 36. On 6 August 1996 the Burgas Regional Prosecutor’s Office upheld the decision to keep the applicant in custody. It found that he had failed to notify the investigator in charge of his case of his change of address and to report to the Burgas Regional Investigation Service on several dates despite the instructions to that effect. On the other hand, the applicant’s state of health did not require his release. In consideration of this and of the fact that the applicant had been charged with an offence under Article 203 § 1 of the CC, i.e. a serious intentional offence, it was justified to maintain him in detention. 37. On the appeal of the applicant, the Chief Prosecutor’s Office upheld this decision on 13 September 1996. 38. During the following months the applicant underwent treatment in the prison hospital and was examined several times by medical doctors. 39. On 2 October 1996 the Burgas Regional Prosecutor’s Office decided to release the applicant from pre‑trial detention and place him under house arrest. It found that his remaining in custody could have an irreversible negative impact on his health. The attempts to treat him in the prison hospital had proved futile, whereas his state of health required immediate specialised hospital treatment. 40. On 10 October 1996 the applicant informed the investigator in charge of his case that he had to be admitted to a hospital in Sofia. He advised the investigator of his address in Sofia and obliged to report to the Burgas Regional Investigation Service every second and fourth Thursday of the month. 41. On 4 February 1998 and 10 July and 18 December 2001 the investigator in charge of the applicant’s case confirmed his house arrest of her own motion, without giving reasons. 42. During the period when the applicant was under house arrest, he changed his address several times for health reasons and because of difficulties in finding employment, each time notifying the investigator in charge of his case by mail. 43. The applicant was released from house arrest on 3 July 2003.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

5. The applicant was born in 1933 and lives in Maribor. 6. On 14 July 1975 the applicant, who used to work as a farmer and a car mechanic, was injured in a car accident. The perpetrator of the accident had taken out insurance with the insurance company HUK. 7. On 20 June 1978 the applicant instituted civil proceedings against HUK in the Maribor District Court (Okrožno sodišče v Mariboru) seeking pecuniary and non-pecuniary damages resulting from the accident. On 11 February 1981 the applicant and insurance community T, acting on behalf of HUK, made an out-of-court settlement concerning non-pecuniary damage. Subsequently, HUK recognized the basis of the claim, but continued to disagree with the amount claimed for the pecuniary damage, including the damage for loss of capacity and business loss. During the proceedings HUK was represented firstly by T and then by its alleged successor, insurance company ZM. By 28 June 1994, when the Convention entered into force with respect to Slovenia, the first-instance court decisions were three times quashed on appeal and remitted for re-examination, the last time on 18 March 1994. Between 4 April 1996 and 25 November 1998, in the fourth trail, the applicant lodged five preliminary written submissions and/or adduced evidence. Of the seven hearings held between 14 December 1995 and 15 April 1999, one was adjourned at the request of the applicant. During the proceedings, the court appointed a financial expert. The court also sought two additional opinions from the appointed experts. At the last hearing, the court delivered a judgment, in which it upheld the applicant’s claim in part. 8. On 1 June 1999 the applicant appealed to the Maribor Higher Court (Višje sodišče v Mariboru). HUK cross-appealed. Insurance company M also appealed. On 5 December 2000 the Maribor Higher Court rejected ZM’s appeal and allowed the appeals of applicant and HUK and remitted the case to the first-instance court for re-examination. It found, inter alia, that ZM all the time during the proceedings lacked the authority to represent HUK. 9. In the fifth trail, the applicant lodged nine preliminary written submissions and/or adduced evidence between 2 February 2001 and 9 May 2002. During the proceedings the court appointed a medical expert, a financial expert and an agricultural expert. The court also sought an additional opinion from one of the appointed experts. Of the seven hearings held between 28 June 2001 and 3 June 2004, none was adjourned at the request of the applicant. At the last hearing, the court decided to deliver a written judgment. The judgment, upholding the applicant’s claim in part, was served on the applicant on 9 July 2004. 10. At an undetermined time the applicant appealed to the Maribor Higher Court (Višje sodišče v Mariboru). HUK cross-appealed. On 31 May 2005 the court dismissed the applicant’s appeal and allowed the HUK’s appeal in part. The judgment was served on the applicant on 14 July 2005. 11. On 18 July 2005 the applicant lodged an appeal on points of law with the Supreme Court (Vrhovno sodišče). The proceedings are still pending. 12. In the meanwhile, on 10 February 2001 the applicant instituted a separate set of proceedings against the insurance company ZM seeking compensation for damage he sustained due to ZM’s unauthorized interference in the above proceedings.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

5. The applicant was born in 1969 and lives in Nüziders, Austria. 6. On 16 July 1994 the applicant damaged his car in a car accident. He had taken out insurance with the insurance company IVA. The perpetrator of the accident had taken out insurance with the insurance company ZT. 7. On 28 July 1995 the applicant and IVA instituted civil proceedings against ZT in the Ljubljana Local Court (Okrajno sodišče v Ljubljani) seeking damages in the amount of 205,012 tolars (approximately 850 euros) for the car damage. On 5 July 1996 the applicant lodged preliminary written submissions and adduced evidence. On 5 July and 8 October 1996 he requested that a date be set for a hearing. On 17 January 1997 the court held a hearing. Since the defendant did not appear before the court and failed to reply to the applicant’s claim, the applicant requested the court to issue a default judgment. On 12 February 1998 the court decided to recommence the hearing in the present case. 8. On 17 March 1998 the applicant appealed. On 5 October 2000 the Ljubljana Local Court dismissed the appeal. On 19 October 2000 the applicant appealed. On 9 August 2001 the Ljubljana Higher Court (Višje sodišče v Ljubljani) dismissed the appeal. 9. In the meanwhile the first-instance court continued the proceedings concerning the applicant’s claim. On 20 April 1998 the applicant requested that the defendant’s reply to the claim be served on him. Between 12 May 1998 and 17 December 2003 the applicant lodged six preliminary written submissions and/or adduced evidence. Between 16 October 1998 and 7 May 1999 he made three requests that a date be set for a hearing. Of the four hearings held between 26 May 1998 and 16 January 2004, one was adjourned at the request of the applicant. During the proceedings, the case was transferred twice to a new judge for an undetermined reason. At the last hearing the court decided to deliver a written judgment. The judgment, rejecting the applicant’s claim, was served on the applicant on 16 February 2004. 10. On 18 February 2004 the applicant appealed to the Ljubljana Higher Court (Višje sodišče v Ljubljani). On 11 January 2005 the court allowed the applicant’s appeal and remitted the case to the first-instance court for re-examination. The decision was served on the applicant on 7 March 2005. 11. On 6 May and 13 July 2005 the applicant lodged preliminary written observations with the Ljubljana Local Court. The proceedings are still pending.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

5. The applicant was born in 1953 and lives in Velenje. 6. On 17 March 1986 the applicant was injured in an accident at work in a lignite mine. Following two separate court settlements made in 1987 and 1992, the applicant received compensation for the injuries sustained. 7. On 5 April 1994 the applicant instituted civil proceedings against his employer, a company called RLV, in the Celje Labour Court (Sodišče združenega dela v Celju) seeking damages in the amount of 2,315,789 tolars (approximately 9,600 euros) for the injuries sustained in the accident of 1986, but which only became apparent after the settlements. Between 1 June 1994 and 10 February 1997 the applicant lodged ten preliminary written submissions and/or adduced evidence. Between 1 June 1994 and 13 December 1996 he made four requests that a date be set for a hearing. Of the five hearings held between 9 January 1995 and 25 March 1997 none was adjourned at the request of the applicant. During the proceedings the court appointed a medical expert and a financial expert. The court also sought an additional opinion from the appointed experts. At the last hearing the court decided to deliver a written judgment. The judgment, upholding the applicant’s claim in part, was served on the applicant on 1 April 1997. 8. On 10 April 1997 the applicant appealed to the Higher Labour and Social Court (Višje delovno in socialno sodišče). RLV cross-appealed. On 3 December 1999 the court allowed the appeals in part and remitted the case to the first-instance court for re-examination. The judgment was served on the applicant on 17 January 2000. 9. The hearing before the Celje Labour Court scheduled for 2 March 2000 was adjourned until 30 March 2000 at the applicant’s request. Between 29 March 2000 and 21 March 2001 the applicant lodged three preliminary written submissions. On 20 June 2000 the court sought an additional opinion from the appointed medical expert. On 24 May 2001 the court held a hearing and concluded the case. The judgment, upholding the applicant’s claim in part, was served on the applicant on 21 June 2001. 10. On 26 June 2001 the applicant appealed to the Higher Labour and Social Court. He also sought an exemption from court fees. RLV cross-appealed. On 24 August 2001 the Celje Labour Court rejected the applicant’s request for exemption from court fees. On 4 September 2001 the applicant appealed against the decision concerning court fees to the Higher Labour and Social Court. On 3 October 2003 the Higher Labour and Social Court upheld the first-instance court decision concerning court fees. On the same day the court rejected the appeals against the first-instance court’s judgment. 11. On 30 October 2003 the applicant lodged an appeal on points of law with the Supreme Court (Vrhovno sodišče). On 15 June 2004 the court dismissed the applicant’s appeal. The judgment was served on the applicant on 28 June 2004.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

4. The applicant was born in 1937 and lives in Budapest. 5. On 11 March 1996 the applicant brought an action before the Pest Central District Court seeking the termination of the common ownership of real estate belonging to him and his divorced wife. 6. At the subsequent hearings on 27 March, 12 June, 29 June and 21 October 1997 and 26 May 1998, the applicant extended his claims to include the allocation of other items of the matrimonial property. He was repeatedly invited to give better particulars of his claims. 7. At the hearing on 22 October 1998 the District Court suspended the proceedings pending the outcome of expropriation proceedings concerning one of the real properties at issue. 8. On the applicant’s procedural appeal, on 14 January 1999 the Budapest Regional Court ordered that the proceedings be resumed. Subsequently, hearings were held on 9 September 1999, 6 January and 11 April 2000. On the latter date the District Court appointed a valuation expert. The expert filed his report on 1 August 2000. 9. Further hearings took place on 12 September 2000, 9 January and 4 October 2001. On 25 January 2002 another valuation expert was appointed. 10. The court held additional hearings on 12 February, 26 November 2002, 20 March, 10 July 2003, 9 March, 24 July, 4 November 2004, 4 January and 14 April 2005. On the latter date it again invited the applicant to give better particulars of his claims. 11. The proceedings are still pending. 12. On 23 May 1997 the Budapest and Pest County Health Insurance Fund issued a payment order against the applicant concerning unpaid social-security contributions. Subsequently the applicant brought an action in the Pest Central District Court challenging the lawfulness of the administrative decision. 13. On 3 May 1999 the court observed that, due to a change of legislation, the respondent was replaced by the Tax Authority. On 11 January 2000 the Budapest Regional Court dismissed the applicant’s procedural appeal. He filed a petition for review with the Supreme Court which he withdrew on 27 September 2000. 14. The court held hearings on 28 March and 5 December 2001. On 5 April 2002 an expert accountant was appointed. The expert presented his opinion on 28 August 2002. 15. Further hearings took place on 2 October and 28 November 2002. 16. On 22 January 2003 the District Court dismissed the applicant’s action, holding that the payment order had been issued lawfully. 17. On 11 April 2003 the applicant appealed. 18. On 26 January 2004 the Budapest Regional Court dismissed the applicant’s appeal. 19. On 14 April 2005 the Supreme Court dismissed the applicant’s petition for review.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

7. The applicants, Mr Sarı and Ms Çolak, were born in 1973 and 1977 respectively. At the material time they lived in Ankara. 8. On 17 November 1997, at 11.45 p.m., the applicants were arrested and taken into police custody by officers of the Ankara security police in connection with an investigation into the illegal organisation THKP-C Dev Yol – Devrim Hareketi (Turkish People’s Liberation Party-Front – Revolutionary Way – Revolutionary Movement). 9. The applicants’ detention in police custody was extended, under section 16 of Law no. 2845 (see paragraph 17 below), initially until 21 November 1997, on the authorisation of the public prosecutor at the Ankara National Security Court, and subsequently until 23 November 1997 (inclusive) by order of a judge of that court. 10. Before the end of their police custody period, on 23 November 1997 at 11.45 p.m., the applicants were questioned by the public prosecutor. They were not brought before a judge until the following morning, that is to say on 24 November 1997. The judge ordered Ms Çolak to be released for the duration of the proceedings and remanded Mr Sarı in custody. 11. By a bill of indictment of 8 December 1997, the public prosecutor committed the applicants to stand trial before the National Security Court. He called for their conviction, under Article 168 § 2 of the Criminal Code, on a charge of belonging to an armed gang. 12. Following a hearing on 9 June 1998 before a trial court, Mr Sarı was granted provisional release. 13. In a judgment of 22 April 1999, after reclassifying the offence, the National Security Court found the applicants guilty of aiding and abetting an armed gang, an offence punishable under Article 169 of the Criminal Code. It sentenced them to three years and nine months’ imprisonment each, and banned them from holding public office for three years. 14. The applicants appealed on points of law against that judgment. 15. In a judgment of 23 February 2000, the Court of Cassation quashed the judgment on account of an erroneous classification of the offence. 16. The National Security Court, in a judgment of 7 November 2001, deferred its decision on the applicants’ case.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

4. The applicants were born in 1953 and 1963 respectively and live in Most. 5. On 20 July 1992 they bought a building and plots of land from the Town of Most (Město Most) for CZK 1,600,000 (EUR 56,338). They intended to use them for business purposes. The purchase agreement stated that the property and all the relevant documentation would be handed over to the applicants within twenty days of the date of payment of the purchase price but not before the registration of the transfer in the Cadastral Registry, and that the property was free of all legal burdens vis-à-vis third persons. 6. In August 1992 the seller allowed the applicants to begin work on the property. On 29 January 1993 the applicants received part of the documentation relating to the property. It revealed that a heating flue traversed (underneath) one of the plots, which made the property unsuitable for their envisaged business purposes. 7. On 23 May 1993 the applicants notified the seller of the discovery of the heating flue and requested a discount from the purchase price, in the sum of CZK 500,000 CZK (EUR 17,606). On 31 August 1993 they received the remainder of the documentation. 8. As the seller refused the applicants’ request of 23 May 1993, they lodged a civil action in the Ústí nad Labem Regional Court (krajský soud) on 30 September 1993, claiming a discount from the purchase price. 9. On 3 May 1994 the Regional Court, having received the applicants’ action on 4 October 1993, held that it was not competent to deal with the action which was, on 9 June 1994, transferred to the Most District Court (okresní soud). On 29 August 1994 the applicants’ lawyer was invited to pay court fees, which he did on 23 September 1994. 10. On 2 January 1995 the applicants’ lawyer, following the court’s request of 2 December 1994, supplemented his clients’ action. On 3 January 1995 the District Court issued a payment order against the defendant who, on 1 February 1995, filed a protest (odpor). On 13 March 1995 the case was given to another judge. On 16 March and 6 May 1995 respectively, the defendant was invited to provide reasons for his protest. He complied on 14 June 1995. On 20 June 1995 the document was sent to the applicants’ lawyer. 11. On 21 August 1995 the court invited the Most Housing Association (podnik bytového hospodářství) to submit a report. It received the report on 5 September 1995. 12. A hearing held on 6 December 1995 was adjourned until 23 February 1996 in order, inter alia, to hear the second applicant, who had not attended the hearing. 13. On 19 and 30 April 1996 the applicants’ lawyer, following the court’s request of 6 March 1996, submitted supplementary documents. 14. A hearing held on 6 September 1996 was adjourned sine die in order to have an expert report drawn up. On 5 March 1997 an expert was appointed. However, on 2 April 1997, he asked to be released from his appointment because of health problems. On 20 May 1997 the court appointed a new expert, who presented his opinion on 5 August 1997. On 11 September 1997 the court decided on the expert’s fees. 15. On 17 November 1997, in reply to the court’s request of 29 October 1997, the applicants’ lawyer informed the court that he would not adduce any supplementary evidence. 16. A hearing held on 23 January 1998 was adjourned until 16 March 1998 in order to summon two witnesses suggested by the defendant. A hearing on 16 March 1998 was adjourned as the applicants’ lawyer requested a period of 14 days in order to submit supplementary evidence. The applicants’ lawyer was urged, on 25 May and 12 August 1998, to identify the additional evidence. However, no additional evidence was adduced in the end. 17. On 30 October 1998 the District Court held a hearing. 18. Having heard the parties and several witnesses, and having relied on documentary evidence and an expert opinion, the District Court dismissed the applicants’ action on 6 November 1998. It rejected their allegation that they had accepted the property only in January 1993 when the documentation relating to the property had been handed over to them. It established that the applicants had actually accepted it in August 1992, when the construction works had started. It concluded that the applicants’ right to claim a warranty in respect of the property had expired due to their failure to notify the seller about their discovery of the heating flue within the six-month time limit, calculated from the date of their acceptance of the property, as provided for in Article 599 (1) of the Civil Code. 19. On 31 December 1998 the court delivered an ancillary judgment in which it decided on court fees. 20. On 24 November 1999 the Ústí nad Labem Regional Court (krajský soud), upon the applicants’ appeals of 21, 27 and 28 January 1999, upheld the first-instance judgment. The appeal judgment became effective on 23 December 1999. 21. On 18 February 2000 the applicants filed a constitutional appeal (ústavní stížnost) in which they complained about the alleged unfairness of the proceedings and a violation of their right to the peaceful enjoyment of their possessions. On 24 March 2000 the applicants’ lawyer presented relevant documentation. 22. On 7 April 2000 the Constitutional Court (Ústavní soud) invited the lower courts and the defendant to submit their written observations. It received the last set of observations on 23 May 2000. 23. On 30 October 2001 the Constitutional Court dismissed the constitutional appeal, finding no violation of the applicants’ property rights, and held that the ordinary courts had conducted the proceedings in accordance with the principles of procedural fairness.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

4. The applicant was born in 1933 and lives in Hrob. 5. On 25 November 1992 the applicant applied under the Land Ownership Act to the Teplice Land Office (pozemkový úřad) for the restitution of a building and plot of land in Hrob, which had been confiscated from her parents in 1961. On 10 August 1993 some documents identifying the property at issue, prepared ex officio by the Teplice Land Registry (katastrální úřad) because the applicant had not included them with her original restitution claim, were sent to her. 6. On 15 October 1993 she requested the current owner, the District Housing Association (okresní bytový podnik)[1], a State-owned entity, to restore the property to her. Upon its refusal, she requested the Land Office to commence restitution proceedings on 19 November 1993. 7. On 7 December 1993 the applicant was requested to submit supplementary documents. 8. The District Housing Association, despite its knowledge of the applicant’s restitution claim, transferred the property to the Hrob Municipality, which on 11 January 1994 sold it to other individuals. 9. On 24 February 1994 the Land Office interrupted the proceedings in order to appoint an expert, who drew up his opinion on 15 May 1994. In the meantime, on 10 March 1994, the Land Office had carried out an inspection of the site. 10. On 8 September 1994 it granted the applicant’s restitution claim, with the exception of one of the buildings at issue. 11. On 1 December 1994 the Ústí nad Labem Regional Court (krajský soud), upon the applicant’s appeal of 26 October 1994, quashed the Land Office’s decision and remitted the case to it, due to an insufficient establishment of the facts. 12. On 3 July 1995 the Land Office granted the applicant’s restitution claim, except for the building which had been substantially rebuilt. 13. On 29 November 1995 the Regional Court, on the Hrob Municipality’s appeal, quashed the Land Office’s decision and remitted the case to it, due to an insufficient establishment of the facts. 14. On 7 April 1997 the Land Office dismissed the applicant’s restitution claim after obtaining an amended version of the expert opinion, on 12 November 1996, which had assessed the character of the building. 15. On 7 April 1998 the Regional Court, following the applicant’s appeal sent to it on 7 May 1997, quashed the Land Office’s decision finding, inter alia, that the expert opinion had been drafted without the applicant’s participation, and that its conclusion had not been supported by objective measurements. It remitted the case to the Land Office. 16. On 29 September 1998 the Land Office ordered a new expert opinion, which was submitted on 8 February 1999. 17. On 19 April 1999 the Land Office granted the applicant’s restitution claim for the plot of land but not for the building since it had undergone substantial reconstruction. 18. On 17 May 2001 the Regional Court, having received on 19 May 1999 the applicant’s appeal in which she complained of an unsatisfactory establishment of the facts, as well as incorrect expert opinions and assessment of evidence, upheld the Land Office’s decision, finding that the latter’s admission and assessment of the evidence and the decision were in accordance with the law. 19. On 18 October 2001 the Constitutional Court (Ústavní soud) dismissed the applicant’s constitutional appeal (ústavní stížnost) of 20 July 2001 against the Regional Court’s judgment as being manifestly ill-founded, concluding that the court had conducted the proceedings in accordance with the domestic law. On 22 October 2001 the Constitutional Court’s decision was served on the applicant.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

8. The applicant was born in 1981 and lives in Cărpineni, Moldova. 9. On 9 July 1998 the applicant, who was seventeen years old, was arrested on charges of theft. On the way to the police car he made an attempt to throw away a pocket-knife. After being alerted by a passer-by, the police officers A. Tulbu and V. Dubceac threw the applicant to the ground. According to the applicant, they also punched him in the face and handcuffed him. They also allegedly assaulted him all the way to the police station. 10. At the police station the police officers allegedly continued beating the applicant during questioning. They kicked him, punched him and beat him with batons all over his body and on the soles of his feet in order to obtain a confession. During the beatings he was handcuffed. He was also allegedly suspended on a metal bar for a long period of time. The Government deny these allegations. 11. On 10 July 1998 the applicant claims to have been taken by the arresting police officers to a forest for the reconstruction of the crime. He was allegedly beaten up on the way to the forest. In the forest, one of the officers allegedly put a gun to the applicant’s head and threatened to shoot him if he did not confess. He was released from detention in the evening. It appears from the documents submitted by the parties that the applicant confessed to having committed the theft. However, later the criminal proceedings against him were discontinued on grounds of lack of “constitutive elements” of an offence. 12. According to the Government, the applicant could not have been threatened with a gun by the police officers because they did not accompany him to the woods. He was taken to the woods for investigation purposes, but not for a reconstruction of the crime. 13. On 11 July 1998, the applicant’s state of health worsened and his mother took him to a doctor who established that he had suffered a head trauma and cerebral post-concussion syndrome. 14. On 13 July 1998 a forensic doctor examined the applicant and established that he had grey-yellowish bruises of 3 x 2 cm and of 6 x 5 cm around his right eye, right ear, lips and on the sole of his left foot. The soft tissue on his head and his teeth on the right side were painful when touched. The doctor concluded that the injuries could have been inflicted by blows with a blunt object, possibly in the conditions described by the applicant, and corresponded to the category of light corporal injuries. 15. On 13 July 1998 the applicant’s mother lodged a criminal complaint with the Prosecutor’s Office of Hânceşti County, asking it to institute criminal proceedings against the police officers who had allegedly ill-treated her son and threatened him with death. 16. On 14 July 1998 an ear, nose and throat specialist examined the applicant and concluded that he was suffering from hyperaemia and had a central perforation of the right tympanic membrane. 17. On 28 July 1998 another specialist concluded that the applicant was suffering from post-traumatic acute otitis media on the right side and agnogenic otitis on the left side with perceptive deafness. 18. Between 14 and 25 July, 30 July and 22 August, 2 and 17 September and 14 October and 3 November 1998, the applicant was hospitalised with the diagnosis of head trauma and sudden deafness (surditate de percepţie brusc instalată). 19. On 3 August 1998 the applicant’s mother was informed by the Hânceşti Prosecutor’s Office that her complaint had been dismissed on grounds of lack of “constitutive elements” of an offence. She appealed against that decision to a hierarchically superior prosecutor. 20. On 21 August 1998 the applicant’s mother received a letter from a hierarchically superior prosecutor of the Hânceşti Prosecutor’s Office informing her that her appeal had been dismissed. She appealed against that decision to the Hânceşti District Court. 21. On 16 November 1998 the Hânceşti District Court quashed the prosecutor’s decision to dismiss the applicant’s complaint about ill-treatment and ordered that an additional investigation be carried out. It found inter alia that it was undisputed that the applicant had sustained his injuries on 9 July 1998 either at the police station or on the way there; however, the circumstances were not clear. The court also found that the Hânceşti Prosecutor’s Office had not paid sufficient attention to the fact that since 9 July 1998 the applicant had been permanently undergoing medical treatment in hospital and had thus been prevented from attending school. 22. On 15 January 1999 the Hânceşti Prosecutor’s Office issued a new decision by which it again refused to institute criminal proceedings against the police officers who had allegedly ill-treated the applicant. In the decision it was stated inter alia that the injuries sustained by the applicant had been caused by his fall on 9 July 1998, when the police officers had to throw him to the ground in order to counter his attack with a knife on one of them. The decision relied on a medical report dated 14 January 1999 which stated that the injuries could have been inflicted either by a blunt object or by a fall. The applicant’s mother appealed to the Prosecutor General’s Office. 23. On 25 February 1999 the Prosecutor General’s Office quashed the decision of 15 January 1999 for being “premature” and the file was remitted to the Prosecutor’s Office of Hânceşti County for “additional review”. The Prosecutor’s Office considered inter alia that the investigation had failed to elucidate the circumstances of the alleged attack with a knife committed by the applicant on one of the police officers. 24. On 15 March 1999 the Prosecutor’s Office of Hânceşti County issued a new decision by which it refused to institute criminal proceedings against the police officers on the ground that their actions did not disclose any signs of an offence. 25. On 25 March 1999 the hierarchically superior prosecutor quashed the decision of 15 March 1999 on the ground that the applicant’s alleged attack with a knife on the police officers had not been properly investigated. 26. On 9 April 1999 the Prosecutor’s Office of Hânceşti County issued a new decision by which it again refused to institute criminal proceedings against the police officers, because their actions were justified. At the same time the Prosecutor’s Office found that the applicant did not attack the police officers with a knife, but rather the police officers thought that there was a risk of his attacking them. The applicant’s mother appealed to the hierarchically superior prosecutor. 27. On 1 May 1999 the hierarchically superior prosecutor quashed the decision of 9 April 1999 and ordered the institution of criminal proceedings against the two police officers. 28. On an unspecified date, the applicant lodged a complaint with the Ministry of Internal Affairs. 29. On 14 June 1999 the Ministry of Internal Affairs informed the applicant that disciplinary sanctions would be imposed on police officers A. Tulbu and V. Dubceac only to the extent that they were found guilty in the criminal proceedings. 30. On 20 September 1999 the Hânceşti Prosecutor’s Office issued a decision dismissing the criminal investigation. The decision found inter alia that the applicant had had a knife in his hand but that he had not tried to attack the police officers with it. The applicant’s mother appealed against the decision. 31. On 18 November 1999 the hierarchically superior prosecutor of the Lăpuşna Prosecutor’s Office dismissed the appeal. In the decision it was stated inter alia that the injuries sustained by the applicant had been caused by his fall on 9 July 1998, when the applicant had made an attempt to throw away a knife but the police officers had thought that he was going to use it against them and had thrown him to the ground. The applicant’s state of health was “normal” and none of the witnesses had seen the police beating him. The applicant’s mother appealed. 32. On 10 February 2000 the Prosecutor General’s Office upheld the applicant’s appeal and ordered the re-opening of the criminal investigation. It stated inter alia that the investigation had been conducted “in an extremely superficial manner”. It instructed the investigators inter alia to re-hear the witnesses and the parties to the case and to investigate whether the police officers A. Tulbu and V. Dubceac had fired a gun in the woods. It also ordered the conduct of a medical investigation of the applicant and pointed to several contradictory statements of the witnesses and to procedural irregularities. 33. On 28 February 2000, at the request of investigator V.B. from the Hânceşti Prosecutor’s Office, an independent medical commission of four experienced forensic doctors performed a thorough medical investigation. On the basis of earlier medical certificates and of its own investigation the commission drafted a report which stated inter alia that: “At the forensic examination it was found that [the applicant] had bruises around his right eye, right ear, on his lips and on the sole of his left foot. From [the applicant]’s records it appears that at the age of eight months... he suffered purulent otitis in his left ear. On 11 July 1998 a neurologist found that [the applicant] had suffered an acute head trauma with cerebrostenic syndrome. On 14 July 1998 an ear, nose and throat specialist found that [the applicant] had suffered from tympanic hyperaemia and had a central perforation of the right tympanic membrane as a result of a barotrauma [an injury caused by rapid and extreme changes in pressure] of 9 July 1998. On 14 July 1998, [the applicant] did not appear to have any injury to his teeth. On 28 July 1998 an ear, nose and throat specialist found that [the applicant] had suffered post-traumatic acute otitis media on the right side and agnogenic otitis on the left side. He suffered from sudden deafness (surditate de percepţie brusc instalată). On 9 October 1998 a neurologist found that as a consequence of the head trauma [the applicant] was suffering intracranial hypertension with signs of epilepsy. On 20 April 2000 [the applicant] was examined by an otolaryngologist who found that he was suffering from post-traumatic bilateral hypoacusis [slightly diminished auditory sensitivity, with hearing threshold levels above normal]. Hospitalisation was recommended. ... 1. On the basis of the above, the commission comes to the conclusion that M. Corsacov suffered injuries in the form of bruises on his face (right eye, right ear and lips) and the sole of his left foot; head trauma and concussion; post-traumatic acute otitis media on the right side and agnogenic otitis on the left side with bilateral hypoacusis. ... The applicant’s injuries necessitated medical treatment of a long duration and could be qualified as moderately serious (mai puţin grave). ... 3. The commission does not have any objective grounds to believe that the injuries could have been sustained by the applicant prior to 9 July 1998. 4. The injuries were inflicted by blows with blunt objects (aceste leziuni au fost cauzate prin acţiunea corpurilor contondente (lovire)), possibly in the circumstances described by the applicant and they could not have been sustained as a result of a fall (n-au putut fi produse prin cădere). 34. On 10 June 2000 the Lăpuşna Prosecutor’s Office issued a decision dismissing the criminal investigation. The decision found inter alia that the applicant had had a knife in his hand but that he had not tried to attack the police officers with it. The applicant’s mother appealed against the decision. 35. On 12 July 2000 the Prosecutor General’s Office quashed the decision of 10 June 2000 and ordered that an additional investigation be carried out. It found inter alia that the quashed decision was illegal and had a tendentious character. It stated inter alia: “Contrary to the conclusion of the medical commission, which clearly found that Corsacov’s injuries were inflicted by blows with a blunt object, possibly in the circumstances described by the applicant and that they could not have been sustained as a result of a fall, investigator V.B. indicated in his decision that the injuries were caused by the applicant’s fall...” 36. On 30 August 2000 the Lăpuşna Prosecutor’s Office issued a decision by which it dismissed the criminal investigation against the applicant for the alleged attack with a knife on the police officers on 9 July 1998. It found that there were no grounds to believe that the applicant intended to use the knife against the police officers. 37. On 31 August 2000 the Lăpuşna Prosecutor’s Office issued a decision by which the criminal proceedings against the police officers were also dismissed. It stated inter alia that the applicant had had a knife in his hand and that the police officers had interpreted that as a threat and had thrown him to the ground. Accordingly, the applicant had sustained his injuries by hitting the ground with his head while the police officers had been acting in legitimate defence. The applicant appealed against this decision. 38. On 21 January 2001 the decision of 26 August 2000 was quashed by the Prosecutor General’s Office and the criminal proceedings were re-opened. 39. On 28 February 2001 the Lăpuşna Prosecutor’s Office again dismissed the criminal investigation against the police officers. The applicant appealed. 40. On 20 March 2001 the hierarchically superior prosecutor from the Lăpuşna Prosecutor’s Office quashed the decision of 28 February 2001 and ordered the re-opening of the investigation. 41. On 20 June 2001 the Lăpuşna Prosecutor’s Office issued a decision by which it dismissed the applicant’s complaint. It stated inter alia that: “... According to the medical certificate of 15 January 1998, Corsacov had bruises around his right eye, right ear, and consequences of a barotrauma, head trauma, which could have been caused by a fall and which fell in the category of light corporal injuries. According to the conclusion of the Commission [the medical report of 28 February 2000], Corsacov’s teeth were not injured and it was discovered that he was suffering from post-traumatic acute otitis media on the right side and agnogenic otitis on the left side with bilateral hypoacusis, which could also have been caused by blows. It is not disputed that the applicant was injured; however, his injuries were inflicted within the limits of the law. As to the agnogenic otitis on the left side, the applicant was suspected of having suffered from it since his childhood... According to doctor A.M., the agnogenic otitis on the left side is not connected with the otitis on the right side and could have been caused by a cold or an infection but not by a blow. Deafness can have a multitude of causes, and in order to know its origin it is important to determine the moment of its appearance. In the present case it is impossible to establish the exact moment of commencement of the applicant’s deafness; more so since, in his first declaration, Corsacov stated that only after receiving the blows did he start to experience ringing in his right ear, but he did not say anything about the pain and the deafness in his left ear. The police officers [A. Tulbu and V. Dubceac] and the witness C. stated that on 9 July 1998, on the way to the police station, no physical force was used against the applicant except when he was relieved of a knife that he had in his hand. Then, by means of a special technique, the applicant was thrown to the ground, which he hit with his head... Corsacov admitted having had a knife and explained that he had been trying to throw it away in order to avoid trouble at the police station. The police officers M.I and D.I. who were present at the police station on 9 July 1998 stated that nobody used physical force against the applicant in their presence, no handcuffs were used and that he was not beaten with a baton... The applicant’s mother stated that in the evening of 9 July 1998 she saw her son at the police station and he did not have any injuries... The applicant’s uncle B.V. also stated that he had seen the applicant in the police station on 10 July 1998 between 1 a.m. and 2 a.m. and that he did not have any sign of injury... and the applicant did not complain to him about having been assaulted. ... The injuries sustained by Corsacov were caused by his hitting the ground with his head when police officers A. Tulbu and V. Dubceac faced a real threat of injury. The officers acted within the limits of Articles 14 and 15 of the Law on Police while relieving him of his knife.” 42. The decision did not include any reference to the applicant’s allegation that on 10 July 1998 he was taken to the woods and threatened with death. The applicant appealed. 43. After 20 June 2001 the investigation was re-opened and closed on several occasions. The final decision closing the investigation was that of 10 January 2002 of the Lăpuşna Prosecutor’s Office. 44. After the case was declared admissible by the Court, on 7 November 2005, the Prosecutor General’s Office ordered the re-opening of the investigation. The re-opened investigation is still pending. According to the Government the re-opening was prompted by the Prosecutor General’s concern that the injuries sustained by the applicant in July 1998 had deteriorated into invalidity of the second degree which under Moldovan law is equivalent to a loss of working capacity of 50-75%, and that the applicant needed permanent medical treatment.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

4. The applicant was born in 1966 and lives in Dąbrowa Górnicza, Poland. 5. On 15 October 1998 the applicant was arrested on suspicion of having committed fraud. 6. On 16 October 1998 he was brought before the Tarnowskie Góry District Court (Sąd Rejonowy), which ordered that he be remanded in custody until 15 January 1999. The court considered that the applicant’s detention was justified by the existence of strong evidence against him, the gravity of the charges and the severity of the anticipated penalty. His two alleged accomplices were subject to police supervision. 7. On 29 October 1998 the Tarnowskie Góry District Prosecutor (Prokurator Rejonowy) refused the applicant’s application for release. He considered that keeping him in detention was necessary because an investigation was pending and the police still needed to collect evidence against him. The Katowice Regional Prosecutor (Prokurator Okręgowy) upheld that decision on 20 November 1998. 8. On 8 January 1999 the District Court prolonged the applicant’s detention until 15 April 1999. It referred to the interests of the pending investigation, such as the need to obtain additional evidence. On 27 January 1999 the Katowice Regional Court (Sąd Okręgowy) dismissed the applicant’s appeal against that decision. 9. In the course of the investigation the applicant filed numerous applications for release. They were dismissed by the District Prosecutor, who found that the reasons for the applicant’s detention had not ceased to exist. 10. On 30 March 1999 the prosecutor lodged a bill of indictment against the applicant and two other defendants with the Tarnowskie Góry District Court. The applicant was indicted on several charges of fraud and forgery of documents. 11. On an unspecified date the applicant asked the District Court to release him in view of his bad health. He maintained that he suffered from high blood pressure. 12. On 21 March 1999 the court refused the application. It found that the applicant’s health condition allowed him to remain in detention and that his case “did not disclose any of the grounds for release” provided by Article 259 of the Code of Criminal Procedure. The court based its view on the opinion of a prison doctor. 13. On 12 April 1999 the court again prolonged the applicant’s detention until 15 October 1999. It considered that it was justified by the existence of strong evidence against him and the gravity of the charges. The Katowice Regional Court upheld that decision on 27 October 1999. 14. The trial began on 13 August 1999. The District Court held 8 hearings and heard 23 witnesses. On 15 October 1999 the court prolonged the applicant’s detention until 15 April 2000, relying on the grounds previously given. 15. The applicant repeatedly asked the Tarnowskie Góry District Court to release him in view of the state of his health. Each time, the court repeated the reasons it had previously given, finding that the original grounds for the applicant’s detention were still valid and that he had failed to adduce any arguments which would weigh in favour of his release. It also found that keeping the applicant in detention would not endanger his health, as it was possible for him to obtain medical treatment in the detention centre. 16. The District Court convicted the applicant as charged on 17 March 2000. It sentenced him to 4 years’ and 6 months’ imprisonment. The applicant appealed. 17. On 18 July 2000 the Katowice Regional Court partly amended the first-instance judgment and changed the legal qualification of the offence. It upheld the remainder of it.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

4. The applicant was born in 1950 and lives in Kyiv. 5. On 30 October 1998 two police officers, in the course of a murder investigation, searched the applicant’s home. They found nine hunting-gun cartridges and arrested the applicant for the unlawful possession of ammunition. On the same day the police opened a criminal investigation against the applicant. 6. On 31 October 1998 the applicant was questioned as a suspect. 7. On 3 November 1998 the case was referred to the Investigative Division of the Zaliznychnyy District Police Department of Kyiv. The responsible investigator charged the applicant with the unlawful possession of ammunition and authorised his detention on remand. 8. On 10 November 1998 the investigator ordered an expert ballistic examination of the cartridges found in the applicant’s home to determine whether they fell into the category of ammunition. The expert’s opinion was submitted on 20 November 1998. 9. On 4 December 1998 the investigator questioned witnesses and, on 10 December 1998, the police officers who had conducted the search in the applicant’s home. 10. On 11 December 1998 the case file was transferred to the Leningradskyy District Police Department of Kyiv. On 24 December 1998 an investigator attached to this Department took over the case. 11. The investigation was completed on 30 December 1998 and the applicant and his lawyer were given access to the case file. On 11 January 1999 they finished studying it. On 12 January 1999 the applicant’s lawyer unsuccessfully requested the investigator to terminate the proceedings for a lack of corpus delicti. 12. On 18 January 1999 the indictment was approved by the district prosecutor and sent to the Leningradskyy District Court of Kyiv (hereafter “the District Court”). 13. On 1 February 1999 the judge of the District Court committed the applicant to trial. In his decision the judge also decided that the applicant’s “remand shall remain unchanged”. 14. The court held hearings on 16 March 1999, 16 April 1999, 17 and 24 May 1999. Two scheduled hearings were cancelled: on 4 March 1999 witnesses were absent (the court issued compulsory summonses in their respect for the following sittings) and on 4 May 1999 a judge was unavailable. On 16 April and 17 May 1999 the court heard evidence, but had to adjourn the case due to the failure of the witnesses to appear. 15. On 25 May 1999 the applicant’s lawyer requested that the case be referred for further investigation. On 27 May 1999 the District Court granted this request, citing the lack of reliable evidence collected by the authorities. By the same decision, the applicant was released on bail (a sum of UAH 5,100[1] was deposited with the Prosecutor’s Office). 16. On 24 June 1999 the Kyiv City Court (hereafter “the City Court”), allowing the appeal of the prosecution, quashed the decision to remit the case for reinvestigation. The court held that any flaws or shortcomings in the evidence could be assessed and, if need be, rectified during the trial. 17. Between July and December 1999 the proceedings were stayed pending the outcome of the applicant’s request for supervisory review of the City Court’s decision. On 2 December 1999 the Supreme Court rejected this request. 18. On 23 February 2000 the District Court resumed the trial and, on 28 February 2000, found the applicant guilty of the unlawful possession of ammunition and sentenced him to three years’ imprisonment, suspended on probation. The court relied primarily on the police search record and the expert evidence that the cartridges found in the applicant’s apartment were indeed ammunition within the meaning of Article 222 of the Criminal Code. The applicant and the prosecution appealed. On 6 April 2000 City Court quashed the decision of 28 February 2000 and remitted the case for a fresh consideration. 19. In June 2000 the District Court recommenced the trial. Between June and September 2000 the court held five hearings (on 12 and 23 June, 12 July, 30 August and 13 September 2000), during which five witnesses and an expert were heard. As on each occasion an unnamed witness failed to attend, the sittings were adjourned. 20. On 13 September 2000 the District Court, on the applicant’s request, remitted the case for further investigation. The court established that neither the applicant nor witnesses had been present when the police officers found the cartridges in his apartment. Moreover, the warrant was issued in breach of procedural rules and the search report submitted to the court was not the one drawn up on 30 October 1998 and signed by the applicant and the witnesses. The court also indicated that the expert ballistic report could not be used in evidence as it had been produced in breach of procedural requirements. 21. On 25 October 2000 an investigator attached to the Leningradsky District Prosecutor’s Office terminated the proceedings due to the lack of any corpus delicti. The investigator referred essentially to the circumstances relied on by the court when remitting the case for further investigation. 22. The applicant alleged that he was not informed about this decision. Thus, in April 2001 his lawyer lodged an administrative complaint under Article 248 § 8 of the Code of Civil Procedure, challenging the lack of progress in the investigation. 23. The Government stated that the applicant had been informed in a timely manner about the termination of his case and, through his administrative complaint, he had contested the investigator’s ruling of 25 October 2000. However, the decision of the District Court of 20 April 2001, on this complaint, indicates that the applicant challenged the “suspension” (зупинення) not the “termination” (закриття) of his case. Moreover, in his complaint he requested that his case be terminated due to the absence of any corpus delicti. 24. In the above-mentioned decision of 20 April 2001, the District Court held that it had no administrative jurisdiction to determine the applicant’s complaints since the investigative authorities’ acts and omissions could only be reviewed within the framework of the criminal trial. On 20 June 2001 the Kyiv City Court upheld this decision. 25. The applicant alleged that it was not until he applied to the Ombudsman, seeking information about the developments in his case, that the Kyiv City Prosecutor’s Office informed him, by a letter of 12 October 2001, that the proceedings had been terminated. On 26 October 2001 the investigator of the Leningradsky District Prosecutor’s Office ordered the return of the applicant’s bail money. 26. In the meantime, on 13 October 2001 the applicant lodged with the Kyiv City Prosecutor’s Office a request for compensation for unlawful criminal prosecution. Its outcome is unclear, although, in view of the subsequent developments (see paragraph 27 below), it was probably disregarded. 27. On 30 November 2001 the Kyiv City Prosecutor’s Office quashed the decision of 25 October 2000 to terminate the proceedings against the applicant as being premature, and ordered a further investigation into the purported offence. 28. On 25 December 2001 the investigator attached to the Sviatoshynsky District Prosecutor’s Office terminated the proceedings due to the lack of any corpus delicti.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

4. The applicant was born in 1960 and lives in the town of Dzerzhynsk, the Donetsk Region. 5. In September 1999 the applicant instituted proceedings against the Artema State-owned coal mine (the applicant’s former employer, hereafter “the ACM”), seeking an increase of his industrial disease benefits and claiming compensation for the delays in current payments. On 29 September 2000 the Dzerzhynsk City Court (hereafter “the City Court”) rejected the applicant’s claim for increased benefits. However, the court awarded the applicant a total of UAH 27,972[1] for arrears in the current payments. The applicant appealed against the rejection of his first claim. On 20 November 2000 the Donetsk Regional Court upheld the judgment of the City Court which, accordingly, became final and was sent to the Dzerzhynsk City Bailiffs’ Service for compulsory enforcement. 6. On 14 June 2001 the Deputy President of the Donetsk Regional Court rejected the applicant’s request for supervisory review of the September 2000 judgment. On 6 October 2001 the Supreme Court rejected the applicant’s appeal lodged under the new cassation procedure. 7. On 8 May 2001 the City Court awarded the applicant a further UAH 17,777[2] in compensation for unpaid industrial disability benefits. The enforcement proceedings regarding this judgment were instituted on 5 July 2001. 8. On 30 August 2001 the Ministry of Fuel and Energy decided to wind up the ACM and, on 7 November 2001, to transfer its assets to the Gorlovka Directorate for Coal Mine Liquidations. 9. On 19 November 2001 the applicant was partially paid the award from September 2000, save for UAH 600[3], and received UAH 1998.86[4] of the amount awarded in May 2001. 10. On 10 July 2002 the applicant’s enforcement cases were transmitted to the ACM’s liquidation commission. 11. On 11 July 2002 the Donetsk Regional Commercial Court instituted bankruptcy proceedings against the ACM and, on 8 August 2002, having declared it bankrupt, opened the liquidation procedure. 12. The judgments of 29 September 2000 and 8 May 2001 remain partially unenforced.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

3. The applicant was born in 1946 and lives in Hřensko. 4. On 3 July 1992 the Děčín District Court (okresní soud) granted the applicant’s action and declared the North-Bohemian Gas Company’s (Severočeské plynárny) immediate termination of his employment in 1989 null and void. 5. On 14 October 1997 the applicant lodged an action for loss of wages against his former employer in the Ústí nad Labem District Court[1]. On 10 December 1997 he paid court fees. 6. On 25 September 1998 the District Court discontinued the proceedings due to the applicant’s alleged withdrawal of his action. 7. On 30 November 1998 the Regional Court, upon the applicant’s appeal of 23 November 1998, quashed this decision and remitted the case to the District Court for further consideration. 8. A hearing held on 9 April 1999 was adjourned sine die with a view to verifying information presented at the hearing. 9. On 25 October 1999 the applicant’s case was transmitted to another judge because of the long-term illness of the original judge. 10. On 4 October 2000 the applicant’s legal representative, upon the court’s telephoned request, submitted supplementary documents. 11. On 15 January 2001 he was requested to present other documents. As the applicant’s legal representative did not do so, the court urged him to comply on 9 April 2001. He complied on 14 May 2001. 12. On 13 June 2001 the defendant submitted its written comments. 13. On 28 August 2001 the District Court’s vice-president, upon the applicant’s complaint, acknowledged the delay in the proceedings. 14. As the judge dealing with the applicant’s case had left on maternity leave on 8 October 2001, another judge was appointed. On 15 November 2001 the District Court vice-president requested the new judge to deal with the case speedily. She renewed her request on 1 October 2002. On 31 October 2002 the vice-president appointed another judge to deal with the case due to the long-term illness of the previous judge. 15. In the meantime, on 9 August 2002, the applicant had asked for referral of his action to the Liberec District Court, considering that the latter would deal with the action without delay. On 10 March 2003 his legal representative was invited to clarify his client’s request. On 7 April 2003 the lawyer replied and, on 18 April 2003, he paid court fees concerning the referral. 16. On 7 May 2003 the applicant’s request was sent to the defendant which, on 29 May 2003, expressed its disagreement. 17. On 20 June 2003 the Ústí nad Labem Regional Court (krajský soud) decided that the applicant’s action would not be transferred to the Liberec District Court. 18. On 4 September 2003 the vice-president of the District Court again urged the judge to continue to deal with the case. 19. Two hearings were held, on 7 November 2003 and 6 February 2004. A hearing which was to be held on 14 May 2004 was adjourned sine die on 2 April 2004, as the judge was ill. On 20 September 2004 another judge was appointed, who fixed the next hearing for 5 January 2005.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

4. The applicant is the father of Mr Andrey Shevchenko, deceased (hereinafter A.S.). He was born in 1944 and lives in Kharkiv. 5. At 2 a.m. on 3 October 2000 A.S. (a First Lieutenant in the Ukrainian Air Force) was detailed to guard a military airdrome of the A-2491 Air Force Unit (hereafter “the Unit”). He was issued a handgun with sixteen live cartridges. Around 5.40 a.m. he was found dead in the guardroom with two gunshot wounds to his head. 6. A criminal investigation into his death was opened the same day and an investigator from the Military Prosecutor’s Office (hereafter “the MPO”), Captain S., inspected the scene. In his report he described the position of the body and a Makarov handgun lying near a foot, loaded with three cartridges[1]. No traces of a struggle were found either at the scene or on the deceased. There were bullet holes in a window and the ceiling, as well as three spent cartridges. A black ink pen was retrieved from A.S.’s pocket. The report drawn up on that occasion stated that the inspection had been conducted by the Commanding Officer (hereafter “the CO”) of the Unit, Colonel V., and witnessed by two other officers from the Unit. 7. According to the applicant, around 8 a.m. Ms H., A.S.’s partner, went to his apartment and saw that it was open and that Lieutenant-Colonel D. (the Executive Officer of the Unit, hereafter “the EO”) with other persons was conducting a search. 8. The official documents state that the apartment of the deceased was searched at 3 p.m. However, First Lieutenant M. testified that at 8 p.m. several officers, including himself, had been detailed to conduct an inventory at A.S.’s apartment under the supervision of the EO. 9. The applicant and Ms H. alleged that A.S. had kept some USD 15,000 in a side-table. During the search no money was found there. Instead, First Lieutenant G., an inquiry officer (an officer of the Unit, who had been appointed by the CO to conduct an inquiry into the possible crime) found a suicide letter. 10. On 4 October 2000 Ms H. was questioned by Lieutenant G. as regards her relations with the deceased. She stated that the deceased had been “a clever person and one worth communicating with” who had never expressed any thoughts of suicide. On 2 October 2000, when A.S. was going on duty, he had invited her to come over. 11. According to the testimony of Major-General O., on 3 October 2000 he visited the Unit because of the tragic incident. On 4 October 2000 he informed the assembled Unit about the event and, whilst allowing the possibility of murder, nevertheless read out several extracts from the suicide letter. However, several other witnesses testified that the Major-General said nothing about murder, but focused on the alleged suicide, stating that A.S. had long prepared himself to die at his own hand by, inter alia, reading occult philosophy written by Carlos Castaneda. 12. Typed copies of the alleged suicide letter were disseminated among the staff of the Unit by the EO, who gave a copy to the applicant when the investigator refused to allow him to make a photocopy of the handwritten original. 13. During the applicant’s interrogation on 5 October 2000, Captain S. remarked that he was almost completely sure that A.S.’s death had been a suicide and refused to add to the protocol the applicant’s comments about the disappearance of USD 15,000. 14. By 10 October 2000 Lieutenant G. had questioned a number of witnesses - mainly those who had seen the applicant’s son on the day of the tragic event and those who were closely acquainted with him. The questions asked were focused on A.S.’s mood before the incident, his interest in Castaneda’s philosophy and occult practices, his possible abuse of alcohol or drugs and whether he played with his gun on duty. 15. A.S.’s friends stated that the deceased had been very careful with alcohol and weapons, and had been a calm, respectful person. The witnesses did not know if he had ever used any drugs or practised any occultism. Mr Sk., A.S.’s former roommate, claimed to having heard the applicant’s son saying that he had meditated, but had never seen this for himself. The moral welfare officer submitted that the deceased used to abuse alcohol, but long before the incident he had given up drinking. A.S. had not been considered a suicide risk by either the moral welfare officer or his friends. None of those who saw the deceased on the day of the incident spotted any peculiarities in his conduct. 16. From 11 October 2000 onwards the line of interrogation was changed to include questions about whether A.S. had had any enemies and whether there had been any assaults on the sentries. Some of the previous witnesses were questioned again. None of the witnesses could positively answer either of these questions. 17. Mr Pk., who claimed to be A.S.’s friend (but was not identified as one by other witnesses), while describing the deceased as a calm, equable person, said, nevertheless, that the fact of his suicide “had not been a surprise to him”. Mr Y. (whose relation with the deceased is unclear), re-interrogated on 31 October 2000, also stated that the suicide of A.S. “had not been a surprise to him”. In his subsequent interview on 9 November 2000, Mr Y. recalled that in 1996 he had seen the deceased smoking a cigarette with a suspicious smell. Mr D. testified that the deceased had thought himself “cleverer than others” and read philosophical books. He had also heard that A.S. had meditated. 18. On 26 October 2000 the investigator refused to grant the applicant the status of a victim in criminal proceedings on the ground that the collected evidence strongly suggested that his son had committed suicide. 19. The applicant appealed to a higher prosecutor. His complaint about the refusal of victim status was rejected. However, certain instructions to the investigator were apparently given which triggered a new series of interviews in early November 2000 of the persons involved in the search of A.S.’s apartment on 3 October 2000 and of his superiors, including Lieutenant-Colonel L. and Major-General O. Lieutenant-Colonel L. testified that he had twice reprimanded the deceased, but did not think there had been any bias or partiality on his part regarding A.S. 20. On 24 November 2000 the Military Prosecutor of the Ivano-Frankovsk Garrison informed the applicant that the case had been assigned to another investigator and that his request for victim status in the proceedings could not be granted. 21. On 30 December 2000 the Assistant Prosecutor of the Ivano-Frankovsk MPO disjoined the investigation into the death of A.S. from the criminal proceedings for theft. 22. The handgun found at the scene and three cartridges from its magazine were examined by a ballistics expert. According to his report of 10 October 2000, the gun was serviceable and could not have been fired without pulling the trigger. The rounds were also serviceable. The spent cartridges had been fired from that gun. 23. The body was examined by a pathologist. According to the autopsy report, the cause of A.S.’s death had been two gunshot wounds. Both had been inflicted when the victim was still alive. The apparent first wound injured the neck, tongue and mouth (inlet on the left side of the tongue and the outlet near the right ear). The second wound, which was the direct cause of death (inlet on the forehead), damaged the frontal bone, brain and occipital bone, where the bullet was found. The pathologist concluded that the first shot had been fired into the victim’s mouth and the second into the forehead. Both were fired from a short distance. 24. The additional forensic examination concluded that, after the first shot, the individual could still have retained the ability to make further movements for a short period. 25. The investigator also ordered a graphology forensic examination of the suicide letter found in A.S.’s apartment, and asked the expert to establish whether it had been written by the deceased. On 9 November 2000 the expert gave a positive answer to that question. 26. On 28 October 2000 a chemical expert concluded that the ink on the letter matched the one from the pen found in the A.S.’s pocket. 27. According to the post-mortem psychological inquiry, the mental state of A.S. did not exclude the possibility of suicide. In particular, it was mentioned that he had had overrated self-esteem and insularity, which had led to, inter alia, conflicts with his superiors. 28. On 30 December 2000 the investigator, First Lieutenant Sk., completed the preliminary investigation and drew up a final report. He concluded that the mental state of the deceased, the possibility of movement after the first shot, and the suicide letter written under the influence of Carlos Castaneda’s philosophy, proved that A.S. had committed suicide. This conclusion was supported by references to the aforementioned expert opinions and five witness testimonies to that effect. 29. The applicant challenged this decision before a court. He stated, inter alia, that his son had been killed because of his involvement in the criminal schemes of his superiors. He alleged that the investigation had been from the very beginning focused on proving the suicide. The investigators did not even attempt to examine other versions, although the final report mentioned the victim’s “conflicts with his superiors”. In this respect the applicant also indicated that the Ukrainian Code of Criminal Procedure vested the commanding officers of military units with the authority to make the preliminary inquiry, comparable with that of the police. He thus challenged the EO’s active participation in the criminal proceedings which practically excluded the possibility that the investigators could take account of the applicant’s views on the incident. 30. The applicant mentioned the investigation’s inability to detect the origin of a bullet hole in the guardroom ceiling and to explain why the first shot’s trajectory was from left to right, although his son had been right‑handed. He complained about the prosecution authorities’ refusal to grant him the status of “a victim of the criminal offence”, thus denying him access to the case file. In this respect he also complained about his inability to examine the suicide letter and to give an opinion on the likeness between the handwriting in the letter and that of his son. However, he alleged that the style of the letter did not match A.S.’s usual way of writing. The applicant, therefore, requested that an independent expert examination of the letter be conducted. He finally challenged the decision to disjoin the proceedings concerning his son’s death and the theft of money from his apartment. 31. On 30 November 2001 the Military Court of the Ivano-Frankovsk Garrison rejected the applicant’s complaints. 32. On 2 March 2002 the Military Court of Appeal of the Western Region (hereafter “the Court of Appeal”) allowed the complaints, quashed the ruling of 30 December 2000, and ordered further inquiries. The court specified the following irregularities in the investigation: - the failure to conduct a reconstruction of the events to establish the possibility that, in the circumstances, the body could naturally have fallen into the position in which it was found; - the failure to detect the origin of the bullet hole in the guardroom window; and - the failure to establish with sufficient clarity the mental state of the deceased before the incident. 33. However, the Court of Appeal rejected the applicant’s request to grant him victim status. The court also found no reason to rejoin the investigations into the death and theft. On 29 October 2002 the Supreme Court rejected the applicant’s cassation appeal on these issues. 34. On 29 April 2002 another investigator, First Lieutenant P, drew up a final report which generally repeated that of 30 December 2000. The only further action taken by the investigator was that of ordering a post-mortem psychiatric inquiry, which revealed that A.S. had not suffered from any mental disorder, though his general mental state could have led to suicide. The investigator thus concluded that A.S. had committed suicide and closed the case. On the same day the Ivano-Frankivsk MPO refused to provide the applicant with a copy of this report on the ground that he was neither the defendant nor the victim in the case. 35. On 16 December 2002 the President of the Court of Appeal sent the applicant a copy of that report.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

5. The applicant was born in 1975 and lives in Laško. 6. On 23 October 1995 the applicant was injured while serving a military service as a conscript. 7. On 3 August 1998 the applicant instituted civil proceedings against the State (the Ministry of Defence) in the Celje District Court (Okrožno sodišče v Celju) seeking damages in the amount of 3,800,000 Slovenian tolars (approximately 15,840 euros) for the injuries sustained. Between 29 March 1999 and 25 September 2002 the applicant lodged three preliminary written submissions and/or adduced evidence. Between 27 September 1999 and 3 October 2001 he made four requests that a date be set for a hearing. Of the two hearings held on 5 February 2002 and on 10 October 2002, neither was adjourned at the request of the applicant. During the proceedings, the court appointed a medical expert. At the last hearing, the court decided to deliver a written judgment. The judgment, rejecting the applicant’s claim, was served on the applicant on 20 January 2003. 8. On 3 February 2003 the applicant appealed to the Celje Higher Court (Višje sodišče v Celju). On 19 May 2004 the court allowed the applicant’s appeal and remitted the case to the first-instance court for re-examination. The decision was served on the applicant on 2 July 2004. 9. In the re-examination proceedings the applicant lodged one preliminary written submission. At the hearing held on 12 October 2004, the Celje District Court decided to deliver a written judgment. The judgment, upholding the applicant’s claim in part, was served on the applicant on 25 November 2004. 10. On 9 December 2004 the applicant appealed to the Celje Higher Court. The proceedings are still pending.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

7. The applicant was born in born in 1950. She is a choreographer and lives in Łódź, Poland. 8. On 10 June 1992 at 11 p.m. Mr Andrzej Kern, at that time the Deputy Speaker of the Sejm, made a formal notification of the commission of an offence (zawiadomienie o popełnieniu przestępstwa) to the Łódź Regional Prosecutor, E.S., alleging that the applicant and her husband had kidnapped his 17-year-old daughter, M.K. The applicant submitted that the allegation was false as M.K. had in fact run away from home and had only been accompanied by the applicant’s son who had been her boyfriend for a long time. M.K. had previously run away from home on several occasions because of conflicts with her parents. Prosecutor E.S., who – according to the applicant – was a friend of Mr Kern, immediately instructed the Łódź Deputy Regional Prosecutor E.C. to take charge of the case. 9. On the same day, i.e. 10 June 1992, the prosecutor E.C. signed a warrant authorising the search of the applicant’s flat. The warrant was intended to search the flat for M.K. and for drugs. On 11 June 1992 prosecutor E.C. signed an order allowing the tapping of the applicant’s telephone. 10. On 11 June 1992 at 1 a.m. the applicant’s husband went to his cottage situated in the suburbs of Łódź. He was arrested by police officers who then searched the cottage. Prosecutor E.S. and Mr Kern were present at the scene. Subsequently, the applicant’s husband was taken to the Łódź Regional Police Station, where he was detained overnight. 11. On 11 June 1992 at 4 a.m. police officers searched the applicant’s flat in her presence. However, they did not find either M.K. or drugs. The police officers advised the applicant that her husband had been detained and served her with a summons to report on the same day at 12 noon to the Regional Police Station for questioning. 12. In the morning of 11 June 1992 the applicant’s husband was taken handcuffed to the premises of the regional prosecution service. He was questioned by prosecutors E.S. and E.C.. Mr Kern was present during the questioning. The applicant’s husband was released after the questioning. (b) The detention of the applicant 13. The applicant failed to report for questioning on 11 June 1992. She submitted to the police a letter explaining that she had to care for her daughter who was ill. Subsequently, the applicant failed to report for questioning on 15 and 17 June 1992. On 23 and 24 June 1992 police officers tried to serve a summons on the applicant, but could not find her at her place of residence. 14. On 25 June 1992 prosecutor E.C. charged the applicant with kidnapping and signed an arrest warrant for her. Prosecutor E.C. also charged the applicant’s son with kidnapping. 15. On 29 June 1992 the applicant was taken into custody. She was detained in the Łódź prison hospital, apparently in the psychiatric ward. 16. On 1 and 2 July 1992 the applicant was questioned by prosecutor E.C. She was also confronted with Mr Kern. 17. In the afternoon of 2 July 1992 the applicant was released from detention. (c) The end of the criminal proceedings against the applicant 18. On 30 June 1992 the applicant applied for a transfer of her case to a prosecutor who worked outside the Łódź region. On 4 August 1992 the Ministry of Justice advised her that the application had been allowed and that her case had been taken over by the Poznań Regional Prosecutor R.G. 19. On 16 September 1992 prosecutor R.G. decided to discontinue the criminal proceedings against the applicant and her son. He considered that they had not kidnapped M.K. The prosecutor referred to the statement taken from M.K. who testified that it had been her decision to run away from home and that she had asked the applicant’s son to accompany her. 20. Mr Kern and his wife lodged appeals against the decision to discontinue the criminal proceedings against the applicant and her son, but on 15 February 1993 prosecutor B.M. of the Ministry of Justice dismissed them. The prosecutor considered that the allegations of kidnapping were groundless. (d) The publicity surrounding the case 21. The case concerning the alleged kidnapping of M.K. received wide coverage in the media. 22. In 1993 the applicant stood as an independent candidate in the parliamentary elections. 23. On 22 August 1993 she published an article in the weekly newspaper “Angora”. The first half of the article, which was published in a section entitled “Pre‑election Pranks”, read as follows: “WHY? I am an independent candidate for the Senate, not connected to any ‘networks’, relations or obligations. The fact that I am described in the press and television as ‘a mother-in-law of M. K.’ probably shows that the authors cannot mention names since they use such a euphemism. It is not my achievement and it was not a result of my efforts that we have become a family with Mr Kern. It can be explained by my son and his wife, if it is important ... In order to explain the origin of the idea of standing in the elections to the Senate I have to go back to the events which took place a year ago. At that time, I learned at my cost what the abuse of power meant! The Deputy Speaker of the Sejm at that time, directed by emotions and personal animosities, made the persons responsible for respecting the law – the Regional Prosecutor and his Deputy, and even the Minister of Justice – breach the law because of ‘the solidarity of colleagues’. I was arrested, detained in a psychiatric cell, my flat was provocatively searched for ‘drugs’, my telephone calls were tapped, a car damaged. After such compromising events, a politician of such a calibre in the West would have had to leave. But here he still felt good – and the Sejm decided not to dismiss him! I can imagine what sort of arrangements must have existed in the Sejm to make such a decision! I was so shocked by this that I was ready to go abroad as nothing could be changed. A turning point came when the President dissolved the Parliament. People started to telephone and write letters asking me to stand in the elections. They were saying that the events which had taken place a year ago showed that I could fight. I am convinced that I am not the only one touched by the breaches of the law committed by the representatives of ‘the new democracy’. However, the law is the same for everybody, regardless of whether somebody is in power or is ‘an ordinary man’. This fundamental rule of democracy must be respected!” 24. The second half of the article described the applicant’s ideas about working in the Senate. 25. On 5 September 1993 the applicant published in the same weekly the following article: “ABOUT ME The first years of my professional life were dedicated to art. As a dancer and a choreographer I worked with numerous theatres and cultural centres – both in Poland (among others the Łódź Grand Theatre), and abroad. I also worked as a pedagogue with children and young people. In 1981 I started to run a private business and presently I am a co-owner of a company ‘AVATAR’. I have two children: a 22‑year old son ... and a 6-year old daughter ..., my husband – Jan – is an actor. I did not belong to any political party. I did not participate actively in politics ... In the summer of 1992 events took place which changed my attitude to the world. The abuse of authority, which I experienced, has made it impossible for me to stand idly on the sideline and watch people who should be the guardians of the law, breaking it ruthlessly for the sake of their private interests. After all, precisely that was done to me by the former Deputy Speaker of the Sejm, the former Minister of Justice, the former Regional Prosecutor and his former deputy. It is not by chance that today for some malicious people it is not important that I am an independent candidate for the Senate but only that I can be called the mother-in-law of M. K. [in bold in original]. They are not interested in the fact that a year ago I was arrested groundlessly and imprisoned – purposely! – in a psychiatric cell, that my home was searched on the pretext of ‘looking for drugs’, that after my release I was followed, my telephone calls were tapped and my car damaged, causing me constant mental pressure! All this happened in a country in which a western‑style democracy had just set in! Today the Vice Minister of Justice sees ‘clear pressure brought by the Deputy Speaker Kern on the Łódź prosecution service’, and there are criminal proceedings pending against its former employees. I am a strong person. I have endured... However, I do not want any other innocent person to suffer similar harassment. There must be justice and equality before the law – regardless of whether somebody is ‘the man in the street’ or the Deputy Speaker of the Sejm! I know that I can fight and win! I have remained independent! That is why I have decided to enter the political arena! [in bold in original].” 26. In election broadcasts on the Łódź local radio station on 6, 9 and 15 September 1993 the applicant made the following statement: “A turning-point came last year. You remember that story, it was well-known in the whole of Poland, although I did not cause it. At that time, I realised to my cost what the abuse of power meant. The Deputy Speaker of the Sejm at that time, directed by emotions, made the Regional Prosecutor, his Deputy, and even the Minister of Justice breach the law because of the solidarity of colleagues. I was arrested, detained in a psychiatric cell, my flat was provocatively searched for drugs, my telephone calls were tapped, a car damaged. All this because the daughter of Mister Deputy Speaker decided to spend holidays with my son without her daddy’s permission. Until then I had thought that such behaviour had been possible only in the Stalinist era.” 27. In election broadcasts on the Łódź local television station on 13 and 16 September 1993 the applicant made the following statement: “The abuse of authority, which I experienced, has made it impossible for me to stand on the sideline and idly watch people, who should be the guardians of the law, breaking it ruthlessly for the sake of their private interests. Precisely that was done to me by the former Deputy Speaker of the Sejm, the former Regional Prosecutor and his deputy. Today, there are criminal proceedings pending against them. I am a strong, enduring person, however I do not want any other innocent person to suffer similar harassment.” 28. On 27 September 1993 Mr Kern lodged with the Łódź District Court a private bill of indictment. He charged the applicant with seven counts of defamation (zniesławienie) under Article 178 § 2 of the Criminal Code. In particular, Mr Kern alleged that the applicant had published the above articles and had broadcast the above election statements “in order to debase in the public opinion the Deputy Speaker Andrzej Kern and to expose him to loss of the trust necessary to perform his public and political functions.” (b) The trial 29. The applicant was tried by the Skierniewice District Court between 22 May 1995 and 18 March 1996. On 19 March 1996 she was convicted for having made on television, radio and in the press, between 22 August and 16 September 1993, statements that “Mr Kern directed by emotions, made the Regional Prosecutor, his Deputy, and even the Minister of Justice breach the law because of the solidarity of colleagues” and that “today there are criminal proceedings pending against him”. The trial court considered that her publications and statements constituted a single continuous offence of defamation. By making the above statements, the applicant “defamed Andrzej Kern and made untrue allegations which could have debased the victim in the public opinion and exposed him to loss of the trust necessary to perform the functions of Deputy Speaker of the Sejm of the Republic of Poland and other public functions as well as to work as a lawyer‑advocate”. 30. As regards the first statement that “Mr Kern directed by emotions, made the Regional Prosecutor, his Deputy, and even the Minister of Justice breach the law because of the solidarity of colleagues” the trial court considered that even though Mr Kern personally made a formal notification of the commission of an offence to the prosecutor E.C., nevertheless, the prosecutors E.S. and E.C. acted independently when they made their decisions concerning the applicant’s case. The court noted that it was the right of every citizen to lodge a request to prosecute somebody and, therefore, the applicant’s statement that it constituted “a breach of law for the private interest” had been untrue. The court then examined the merits of the applicant’s allegations that she had been “arrested, detained in a psychiatric cell, [her] flat was provocatively searched for drugs, telephone calls were tapped, a car damaged.” The District Court established that warrants given by the prosecutor to arrest her, search her flat and tap her telephone calls were given in accordance with the law, however, it acknowledged that the prosecutor should have considered other preventive measures then arrest in order to interrogate the applicant. In sum, the court found as unsubstantiated the allegation that Mr Kern suggested, ordered, or in other manner “made the prosecutor to give decision to detain the applicant on remand”. 31. With respect to the statement broadcast on 13 and 16 September 1993 the court observed that: “between 22 August and 16 September 1993 there were no criminal proceedings pending against Andrzej Kern. In fact, the criminal proceedings against him were initiated only on 22 December 1993. On that date he was charged with having committed against M. K. a crime described in Article 168 of the Criminal Code. The victim filed written information about that crime on 11 October 1993 ...” 32. The trial court concluded that there was no evidence that while the applicant made the statements in question she “had a belief based on a well‑founded basis that the allegations were true and that she was defending a socially justified interest”. 33. The applicant was sentenced to eighteen months’ imprisonment suspended for five years. Moreover, the court ordered the applicant to pay for the publication of the judgment in two national dailies and a local newspaper. She was also ordered to make at her own expense, in the newspaper “Angora” and on the Łódź radio and television stations, following apologies: “the allegations made in respect of Andrzej Kern between 22 August 1993 and 16 September 1993 in those media during her election campaign that the criminal proceedings against him were pending and that he had made the Regional Prosecutor, his Deputy and the Minister of Justice breach the law, were untrue.” Finally, the applicant was ordered to reimburse the private prosecutor 800 Polish zlotys (PLN) for the costs of the proceedings and to pay a PLN 75 fee to the State Treasury. (c) The appellate proceedings 34. The applicant appealed to the Skierniewice Regional Court against her conviction. On 18 November 1997 the court gave a judgment in which it upheld her conviction but changed the sentence. The applicant’s prison term was lowered to one year suspended for three years. She was ordered to pay for the publication of the judgment in one national daily and the announcement containing her apologies in the weekly “Angora”. Moreover, the applicant was ordered to reimburse the private prosecutor PLN 480 for the costs of the appellate proceedings and to pay a PLN 90 fee to the State Treasury. 35. The appellate court considered that the trial court’s assessment of facts and legal reasoning were correct. The court stressed that in order to find that there was no office of defamation, all three conditions set out in Article 179 § 2 must be fulfilled jointly. It further stated: “...Turning to the instant case, it should be considered that even if [the applicant] proved that her statements directed against Mr Kern were true or that she had a belief based on a well-founded basis that the allegations were true, that in any event, would not justify the trial court to apply Article 179 § 2. The first‑instance court rightly found that the action of I. Malisiewicz-Gąsior directed against A. Kern was an element of her election campaign, aiming at ‘promoting’ ... her own person, in order to obtain a positive election result...Therefore, [the applicant] could not be said to have been defending a socially justified interest, as she had been trying to achieve her private objective...” 36. Nevertheless, the Regional Court found that the sentence imposed on the applicant by the trial court was too harsh. In this connection the court established as follows: “...The appellate court considers that, in deciding the severity of the criminal measures against the applicant, her particular psychological situation - since the beginning of all criminal proceedings against her - should have been taken into consideration. It is beyond doubt that she could have subjectively felt that the [prosecuting] authorities had been overactive, which was not without influence on her being able to control her emotions and on her motivations.” (d) The cassation appeal 37. The applicant could not afford to hire a lawyer to lodge a cassation appeal and therefore she applied to the Minister of Justice and the Ombudsman to lodge a cassation appeal against her conviction. On 15 December 1998 the Ombudsman allowed her application and filed with the Supreme Court a cassation appeal against the judgment of the Skierniewice Regional Court. 38. The Ombudsman submitted that the courts had failed to take into account evidence pointing to the fact that “the inadequacy of the actions of the police and the prosecution service in respect of herself and her family in the case concerning the kidnapping of M. K. could have led [the applicant] to the justified belief that her allegations concerning Mr Kern had been true and that she had been ‘defending a socially justified interest’”. In this connection, the Ombudsman stated in his appeal that: “Furthermore, the courts’ view that the defendant was not defending a socially justified interest because she was participating in her own election campaign and aiming in the first place to achieve her own private objective is not supported by the evidence which was collected and disclosed at the hearing. The participation in one’s own election campaign cannot be an obstacle to speaking on the subject of ensuring respect for the law by institutions and public personalities. What is more – an election campaign invariably constitutes a period of public statements on important social issues, which certainly include the respect for the law, especially by institutions and persons especially obliged to do so. It is therefore difficult to consider that it was the defendant’s intention to promote herself and not – by using the opportunity to speak publicly – pointing, on the basis of her own experience, to the danger of breaking the law by a public institution as a result of yielding to the pressure of public personalities.” 39. The Ombudsman further submitted that prosecutors E.S. and E.C. had broken the law. He relied on the files on the disciplinary proceedings taken against both prosecutors. 40. Finally, the Ombudsman challenged the courts’ assessment of part of the evidence. (e) The Supreme Court’s decision 41. On 1 December 2000 the Criminal Section of the Supreme Court dismissed the cassation appeal. Its reasoning ended with the following conclusion: “The irresistible conclusion is that the submissions made in the cassation appeal, formally of a procedural nature, concern in fact the allegation of an error in the assessment of facts taken as the basis for the decision and the assessment of evidence, which is not allowed in cassation proceedings. Cassation proceedings cannot be transformed into third-instance proceedings dedicated to further consideration of all aspects of the submissions made in the appeal, which have already been analysed by the appellate court. (...)” (f) The enforcement of the sentence 42. In the meantime, on 24 August and 28 September 2000 the Skierniewice District Court held hearings on the enforcement of the applicant’s prison sentence as she had failed to apologise to Mr Kern. The applicant did not attend the hearings. 43. On 23 October 2000 the Skierniewice District Court decided not to enforce the suspended prison sentence imposed on the applicant.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

5. The applicant was born in 1963 and lives in Celje. 6. On 25 December 1996 the applicant was injured in a car accident. 7. On 15 April 1998 the applicant instituted civil proceedings against the insurance company ZM in the Celje District Court (Okrožno sodišče v Celju) seeking damages in the amount of 2,019,000 Slovenian tolars (approximately 8,420 euros) for the injuries sustained. Between 25 September 1998 and 16 October 2001 the applicant lodged four preliminary written submissions and/or adduced evidence. Between 22 January 1999 and 25 April 2000 he made four requests that a date be set for a hearing. Of the three hearings held between 23 November 1999 and 23 October 2001, none was adjourned at the request of the applicant. During the proceedings, the court appointed two medical experts. At the last hearing, the court decided to deliver a written judgment. The judgment, upholding the applicant’s claim in part, was served on the applicant on 20 November 2001. 8. On 4 December 2001 the applicant appealed to the Celje Higher Court (Višje sodišče v Celju). ZM cross-appealed. On 8 January 2003 the court partly upheld both appeals. The judgment was served on the applicant on 10 February 2003. 9. On 5 March 2003 the applicant lodged an appeal on points of law with the Supreme Court (Vrhovno sodišče). On 22 April 2004 the court dismissed the applicant’s appeal. The judgment was served on the applicant on 12 July 2004.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

5. The applicant was born in 1950 and lives in Žalec. 6. In 1987 the applicant was injured in a dispute with his former wife R.I. in which both sustained injuries. 7. On 9 February 1988 the applicant instituted civil proceedings against R. I. in the Celje Basic Court, Žalec Unit (Temljeno sodišče v Celju, enota v Žalcu) seeking damages for the injuries sustained. R. I. lodged a counter-claim. Until 28 June 1994, when the Convention entered into force with respect to Slovenia, the court held three hearings and appointed three medical experts. At the hearing held on 4 November 1994, the court decided to deliver a written judgment. The judgment, upholding both claims in part, was served on the applicant on 10 January 1995. 8. On 26 January 1995 the applicant appealed to the Celje Higher Court (Višje sodišče v Celju). R. I. cross-appealed. On 4 April 1996 the court allowed both appeals and remitted the case to the first-instance court for re-examination The decision was served on the applicant on 9 May 1996. 9. On 3 June 1996, further to the reform of the judicial system, the (renamed) Žalec Local Court declared lack of jurisdiction and reassigned the case to the (renamed) Celje District Court (Okrožno sodišče v Celju). In the re-examination proceedings, the applicant made three requests that a date be set for a hearing between 6 January and 9 November 1998. At the hearing held 18 January 1999, the court decided to deliver a written judgment. The judgment, upholding both claims in part, was served on the applicant on 20 April 1999. 10. On 30 April 1999 the applicant appealed to the Celje Higher Court. R. I. cross-appealed. On 11 November 1999 the court allowed both appeals by amending the first-instance decision in part and remitting the case for re-examination in part. The judgment was served on the applicant on 16 December 1999. 11. On 14 January 2000 R. I. lodged an appeal on points of law with the Supreme Court (Vrhovno sodišče) regarding the part of the judgment amending the first-instance court’s judgment in favour of the applicant. On 18 October 2001 the court allowed R. I.’s appeal in part and accordingly changed the Higher Court’s judgment. The Supreme Court’s judgment was served on the applicant on 13 December 2001. 12. On 14 January 2002 the applicant filed pleadings regarding the remaining part of the case that was remitted to the first instance court. On 19 March 2002 the parties reached a court settlement. 13. On 12 June 2002 the first-instance court ordered the applicant to pay court fees for the proceedings. On 28 June 2002 the applicant lodged an appeal, which was rejected by the Celje Higher Court on 11 December 2002. That decision was served on the applicant on 16 January 2003.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

5. The applicant was born in 1959 and lives in Žalec. 6. On 23 October 1995 the applicant was injured in an accident at work. The applicant’s employer had taken out insurance with the insurance company ZT. 7. On 12 December 1996 the applicant instituted civil proceedings against ZT in the Celje District Court (Okrožno sodišče v Celju) seeking damages in the amount of 2,800,000 tolars (approximately 11,700 euros) for the injuries sustained. On 25 September 1997 the judge presiding the case was appointed to the Celje Higher Court (Višje sodišče v Celju) and the case was transferred to a new judge. Between 6 November 1997 and 24 February 2000 the applicant lodged six preliminary written submissions and/or adduced evidence. Between 11 February 1998 and 21 December 1999 he made seven requests that a date be set for a hearing. Of the five hearings held between 12 October 1998 and 6 December 2000 none was adjourned at the request of the applicant. During the proceedings the court appointed a medical expert. At the last hearing the court decided to deliver a written judgment. The judgment, upholding the applicant’s claim in part, was served on the applicant on 26 February 2001. 8. On 13 March 2001 the applicant appealed to the Celje Higher Court and requested the first-instance court to issue a supplement judgment. ZT cross-appealed. On 29 March 2001 the first-instance court issued a supplement judgment. On 30 May 2002 the Celje Higher Court dismissed both appeals. The judgment was served on the applicant on 17 June 2002. 9. On 30 May 2002 the applicant lodged an appeal on points of law with the Supreme Court (Vrhovno sodišče) and sought recusal of one of the judges. On 24 February 2003 the president of the court rejected the request for a recusal of a judge. On 30 October 2003 the court dismissed the applicant’s appeal. The judgment was served on the applicant on 18 November 2003.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

5. The applicant was born in 1976 and lives in Vojnik. 6. On 10 January 1996 the applicant was injured in an accident at work. He was a conscript and was appointed to work in a cafeteria of the military training centre. 7. On 15 January 1998 the applicant instituted civil proceedings against the Republic of Slovenia, Ministry of Defence (Republika Slovenija, Ministrtstvo za obrambo, the Ministry) in the Celje District Court (Okrožno sodišče v Celju) seeking damages in the amount of 3,286,000 tolars (approximately 13,700 euros) for the injuries sustained. Between 21 October 1998 and 10 April 2001 the applicant made six requests that a date be set for a hearing. Between 18 May and 16 July 2001 he lodged three preliminary written submissions and/or adduced evidence. Of the five hearings held between 27 September 2001 and 10 March 2003 none was adjourned at the request of the applicant. During the proceedings the court appointed a medical expert and an expert for safety at work. At the last hearing the court decided to deliver a written judgment. The judgment, upholding the applicant’s claim in part, was served on the applicant on 16 March 2003. 8. On 17 March 2003 the applicant appealed to the Celje Higher Court (Višje sodišče v Celju). The Ministry cross-appealed. On 20 October 2004 the court allowed the Ministry’s appeal in part and lowered the damages awarded by the first-instance court. The judgment was served on the applicant on 2 November 2004. 9. On 22 November 2004 the applicant lodged an appeal on points of law with the Supreme Court (Vrhovno sodišče). The proceedings are still pending.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

8. The applicant was born in 1931 and lives in Krasnodar. 9. In 1993 the applicant sued his former employer, the public company “KAPRSM”, for unpaid compensation for a work-related injury, caused by a lorry owned by another company, “KTS”. 10. On 21 April 1997 the Takhtamukayskiy District Court found for the applicant and awarded him a lump sum and life-long monthly payments. The lump sum was made up of the principal amount, interest thereon and a penalty for belated payments. 11. On 3 June 1997 the Supreme Court of the Adygheya Republic set aside the judgment in the part concerning the claim for penalty and remitted that claim for a new examination. It upheld the remainder of the judgment. The claim for penalty was subsequently examined by courts of various levels. As of March 2002 the claim was pending before the District Court. 12. On 15 March 2002 the acting President of the Takhtamukayskiy District Court lodged an application (представление) with the Supreme Court of the Adygheya Republic to quash the judgment of 21 April 1997 and all other judgments in the case, because the defendant in the applicant’s action should have been KTS that had owned the lorry rather than KAPRSM that had been the applicant’s employer. 13. According to the Government, on 15 August 2002 the Supreme Court informed the applicant that the above application would be examined at a hearing on 27 August 2002. 14. On 27 August 2002 the Presidium of the Supreme Court of the Adygheya Republic granted the application and quashed the previous judgments, including those of 21 April and 3 June 1997. It found that those judgments had been unlawful because the lower courts had failed to determine the proper defendant. The applicant’s claims were remitted for a new examination. 15. In the resumed proceedings, on 12 May 2003 the Takhtamukayskiy District Court established that the applicant had been informed of the possibility to substitute the legal successor of the KTS company as the proper defendant and to join the regional branch of the Social Security Fund as a third party, but he had not agreed to the substitution. His claim was therefore dismissed as being directed against an improper defendant. 16. In his observations on the admissibility and merits of the case of 25 November 2003, the applicant made certain abrasive remarks which prompted the respondent’s Government request to declare the application inadmissible as an abuse of the right of petition. 17. In its admissibility decision of 8 July 2004, the Court rejected the Government’s request for the reason that they had not identified the allegedly abusive expressions or passages in the applicant’s submissions and as the application had not been knowingly based on untrue facts. The Court noted, nevertheless, that some of the applicant’s statements had been irrelevant and excessively emotional. 18. In September 2004 the applicant and the Government filed their observations on the merits of the application. The Section President set 11 November 2004 as the time-limit by which the parties could submit written comments in reply to each other’s observations. 19. In a letter of 19 October 2004, the applicant commented on the Government’s observations in the same abrasive manner. 20. In their observations on the merits of the case and letters of 14 December 2004 and 18 January 2005, the Government invited the Court to declare the application inadmissible as an abuse of the right of petition. Drawing a parallel between the conduct of Mr L.R. (see L. R. v. Austria, no. 2424/65, Commission decision of 24 May 1966) and that of the applicant, they claimed that the expressions used by the applicant were even more insulting than those used by Mr L. R. against the representatives of the Austrian Government. The Government reproached the Court for not having invited the applicant to withdraw or amend the objectionable statements. They submitted that the applicant’s letter of 19 October 2004 was a further evidence of his abusive attitude to the proceedings before the Court. 21. On 29 September 2005 the Court considered the Government’s request to declare the application inadmissible in connection with the applicant’s persistent use of offensive language and invited the applicant to withdraw his inappropriate remarks and to offer a formal apology. 22. By letter of 3 November 2005, the applicant informed the Court as follows (translated from Russian): “I formally withdraw my rough remarks about the Government and about the Government’s representative Mr Laptev which were considered offensive. I also offer my sincere apology to the Court, to the Government and to Mr Laptev. It was not my intention to offend anyone...” 23. In their comments on the applicant’s letter, the Government asked the applicant to identify the expressions he apologised for.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

5. The applicant was born in 1944 and lives in Griže. 6. On 12 March 1994 the applicant was bitten by a dog owned by M. D. and V. D. 7. On 17 January 1995 the applicant instituted civil proceedings against M. D. in the Celje District Court (Okrožno sodišče v Celju) seeking damages in the amount of 3,400,000 Slovenian tolars (approximately 14,170 euros) for the injuries sustained. On 24 August 1995 the applicant lodged a preliminary written submission in which she modified her claim so that it concerned also V. D. On 20 June 1997 she made a request that a date be set for a hearing. Of the six hearings scheduled between 26 February 1996 and 18 May 1998, only the first and the last were held, the remaining four were adjourned due to the absence of the defendant. At the last hearing, the court decided to deliver a written judgment. The judgment, upholding the applicant’s claim, was served on the applicant on 3 July 1998. 8. On 8 July 1998 M. D. and V. D. appealed to the Celje Higher Court (Višje sodišče v Celju). On 28 October 1999 the court allowed the appeal and remitted the case to the first-instance court for re-examination. 9. In the re-examination proceedings, the applicant lodged, between 2 August 2000 and 10 March 2004, nine preliminary written submissions. On 12 November 2001 she made a request that a date be set for a hearing. Of the four hearings held between 13 September 2000 and 2 June 2004, none was adjourned at the request of the applicant. During the proceedings, the court appointed three experts and carried out two additional hearings at the spot of the incident. At the last hearing, the court decided to deliver a written judgment. The judgment, upholding the applicant’s claim in part, was served on the applicant on 16 July 2004. 10. On 22 July 2004 the applicant appealed to the Celje Higher Court (Višje sodišče v Celju). On 20 October 2005 the court dismissed the applicant’s appeal. The judgment was served on the applicant on 18 November 2005. 11. On 2 December 2005 the applicant lodged an appeal on points of law with the Supreme Court (Vrhovno sodišče). The proceedings are still pending.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

5. The applicant was born in 1919 and lives in Celje. 6. On 11 June 1998 the applicant’s request for the approval of his medical treatment in a foreign country was rejected by the Slovenia Health Insurance Institute (“ZZZS”). 7. On 21 July 1998 the applicant instituted proceedings against ZZZS in the Ljubljana Labour and Social Court (Delovno in socialno sodiščev v Ljubljani) seeking reimbursement of the cost for the before mentioned medical treatment. Between 22 June 2000 and 11 September 2001 the applicant lodged seven preliminary written submissions and/or adduced evidence. Between 1 March 1999 and 6 November 2001 he made six requests that a date be set for a hearing. On 7 June 2000 the applicant lodged a supervisory appeal with the Ministry of Justice (Ministrstvo za pravosodje) because of delays in the proceedings. Of the three hearings held between 12 July 2000 and 19 December 2001, none was adjourned at the request of the applicant. During the proceedings, the court appointed a medical expert. At the last hearing the court decided to deliver a written judgment. The judgment, upholding the applicant’s claim in part, was served on the applicant on 18 March 2002. 8. On 25 March 2002 the applicant appealed to the Higher Labour and Social Court (Višje Delovno in socialno sodišče). ZZZS cross-appealed. On 5 March 2004 the court allowed in part the defendant’s appeal and accordingly changed the first instance court’s judgement and dismissed the applicant’s appeal. The judgment was served on the applicant on 31 May 2004. 9. On 23 June 2004 the applicant lodged an appeal on points of law with the Supreme Court (Vrhovno sodišče). On 18 January 2005 the Supreme Court upheld the applicant’s appeal and remitted the case to the second-instance court for re-examination. 10. In the re-examination proceedings, on 3 February 2005, the Higher Labour and Social Court upheld the applicant’s (previously rejected) appeal and in the respective part remitted the case to the first instance court for re-examination. The Supreme Court’s decision and the Higher Labour and Social Court’s judgment were served on the applicant on 2 March 2005. 11. The proceedings are pending before the first-instance court.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

5. The applicant was born in 1946 and lives in Celje. 6. In 1988 the applicant was granted an invalidity status after being injured in an accident at work. The Pension and Disability Insurance Community (“PDIC”) paid his invalidity pension, allegedly with some delays. 7. On 30 March 1990 the applicant instituted proceedings against PDIC in the Court of Associated Labour of Pension and Disability Insurance (Sodišče združenega dela invalidskega in pokojninskega zavarovanja) seeking payment of interests which occurred due to the late payments of his invalidity pension. After the first instance judgment had been quashed twice on appeal and remitted for reconsideration, on 12 October 1993 the Court of Associated Labour of Pension and Disability Insurance upheld the applicant’s claim in part. On 2 November 1993 the applicant appealed. On 28 June 1994 the Convention entered into force with respect to Slovenia. On 22 September 1994, further to the applicant’s appeal, the Higher Labour and Social Court (Višje delovno in social sodišče) quashed the first-instance decision again and remitted the case to the first-instance court for re-examination. 8. Between 23 January 1995 and 3 November 1998 the applicant lodged three preliminary written submissions and/or adduced evidence. Between 23 October 1997 and 18 June 1998 he made four requests that a date be set for a hearing. Of the two hearings held on 8 July 1998 and 10 December 1998, neither was adjourned at the request of the applicant. At the last hearing, the (renamed) Ljubljana Labour and Social Court (Delovno in socialno sodišče v Ljubljani) decided to deliver a written judgment. The judgment, upholding the applicant’s claim in part, was served on the applicant on 4 March 1999. 9. On 8 March 1999 the applicant appealed to the Higher Labour and Social Court. On 5 February 2002 the applicant urged the court to decide on the appeal. On 1 March 2002 the court dismissed the applicant’s appeal. The judgment was served on the applicant on 12 March 2002. 10. On 21 March 2002 the applicant lodged an appeal on points of law with the Supreme Court (Vrhovno sodišče). On 6 May 2003 the court dismissed the applicant’s appeal. The judgment was served on the applicant on 26 May 2003. 11. On 23 May 2003 the Ljubljana Labour and Social Court requested the applicant to pay court fees. Subsequently, the applicant paid only part of the fees. As regards the remaining part, he lodged an objection stating that the request was time barred. On 11 June 2003 the court issued a decision ordering the applicant to pay the remainder of the court fees and rejected his objection. On 16 June 2003 the applicant appealed. On 20 August 2004 the Higher Labour and Social Court dismissed the applicant’s appeal. That decision was served on the applicant on 1 September 2004.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

5. The applicant was born in 1946 and lives in Grobelno. 6. On 17 January 1992 the applicant was injured in an accident at work. 7. On 28 October 1992 the applicant instituted civil proceedings against his employer SŽ in the Celje Court of Associated Labour (Sodišče združenega dela Celje) seeking damages in the amount of 3,300,000 tolars (approximately 13,750 euros) for the injuries sustained in the accident. On 28 June 1994 the Convention entered into force in respect of Slovenia. Between 27 October 1994 and 29 September 1995 the applicant lodged six preliminary written submissions and/or adduced evidence. On 22 February 1995 he made a request that a date be set for a hearing. Of the two hearings held on 3 April 1995 and 9 October 1995, none was adjourned at the request of the applicant. On 18 April 1995 the court appointed a medical expert. At the last hearing, the renamed Celje Labour Court (Delovno sodišče v Celju) decided to deliver a written judgment. The judgment, upholding the applicant’s claim in part, was served on the applicant on 27 October 1995. 8. On 2 November 1995 the applicant appealed to the Higher Labour and Social Court (Višje delovno in socialno sodišče). SŽ cross-appealed. On 18 September 1997 the court quashed the first instance court’s judgement and remanded the case to the first-instance court for re-examination. The decision was served on the applicant on 26 November 1997. 9. Between 5 February 1997 and 4 February 1999 the applicant lodged five preliminary written submissions and/or adduced evidences On 6 May 1999 he made a request that a date be set for a hearing. Of the two hearings held on 14 May 1998 and 31 May 1999, none was adjourned at the request of the applicant. During the proceedings, the court again appointed a medical expert. The judgment of 31 May 1999, upholding the applicant’s claim in part, was served on the applicant on 28 June 1999. 10. On 6 July 1999 the applicant and SŽ appealed to the Higher Labour and Social Court. On 30 March 2000 the court upheld both appeals and remitted the case to the first-instance court for re-examination. The decision was served on the applicant on 4 May 2000. 11. In the re-examination proceedings, between 16 June 2000 and 30 April 2002, the applicant lodged six preliminary written submissions and/or adduced evidences. On 23 November 2001 he made a request that a date be set for a hearing. Of the three hearings held between 4 September 2000 and 27 June 2002, none was adjourned at the request of the applicant. However, the hearings scheduled for 4 December 2000 and 19 February 2001 were called off on the request of the applicant. During the proceedings, the court appointed a traffic expert, acquired two additional expert opinions and carried out a site survey. The judgment of 27 June 2002, upholding the applicant’s claim in part, was served on the applicant on 11 July 2002. 12. On 15 July 2002 the applicant appealed to the Higher Labour and Social Court. SŽ cross-appealed. On 4 December 2003 the court upheld the applicant’s appeal and partly upheld the SŽ’s appeal. The case was in the respective part remitted to the Celje Labour Court for re-examination. The judgment was served on the applicant on 17 December 2003. 13. Between 5 January and 10 September 2004 the applicant lodged four preliminary written submissions. On 5 January 2004 he also requested that a date be set for a hearing. Of the two hearings held on 5 April and 6 December 2004, none was adjourned at the request of the applicant. The court appointed a medical expert again. At the last hearing, the court decided to deliver a written judgment. The judgment, upholding the applicant’s claim in part, was served on the applicant on 6 January 2005. 14. On 12 January 2005 the applicant appealed to the Higher Labour and Social Court. On 10 March 2005 the court dismissed the applicant’s appeal. The judgment was served on the applicant on 6 April 2005. 15. On 20 April 2005 the applicant lodged an appeal on points of law with the Supreme Court (Vrhovno sodišče). The proceedings are still pending.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

5. The applicant was born in 1985 and lives in Braslovče. 6. On 2 February 1997 the applicant was bitten by a dog owned by S.H.. 7. On 24 April 1997 the applicant instituted civil proceedings against S.H. in the Žalec Local Court (Okrajno sodišče v Žalcu) seeking damages in the amount of 705,000 Slovenian tolars (approximately 2,940 euros) for the injuries sustained. On 21 July 1997 the applicant lodged a preliminary written submission. Of the four hearings held between 10 May 1999 and 27 September 1999, none was adjourned at the request of the applicant. At the last hearing, the court decided to deliver a written interim judgment. It appears that the judgment, rejecting the applicant’s claim, was served on the applicant on 1 December 1999. 8. On 16 December 1999 the applicant appealed to the Celje Higher Court (Višje sodišče v Celju). S.H. cross-appealed. On 20 September 2000 the court allowed both appeals and remitted the case to the first-instance court for re-examination. 9. Between 10 January and 26 June 2001 the applicant lodged ten preliminary written submissions and/or adduced evidence with the Žalec Local Court. Of the seven hearings held between 6 December 2000 and 12 July 2001, none was adjourned at the request of the applicant. At the last hearing, the court decided to deliver a written interim judgment. The judgment, rejecting the applicant’s claim, was served on the applicant on 24 October 2001. 10. On 5 November 2001 the applicant appealed to the Celje Higher Court (Višje sodišče v Celju). On 26 November 2001 he also appealed against the first-instance decision of 15 November 2001 concerning costs of proceedings. On 10 October 2002 the court allowed the applicant’s appeals and remitted the case to the first-instance court for re-examination by a new judge. The decision was served on the applicant on 7 November 2002. 11. The applicant in the re-examination proceedings lodged five written submissions and/or adduced evidence between 27 June 2003 and 29 January 2004. Of the two hearings held on 30 June 2003 and 13 February 2004, neither was adjourned at the request of the applicant. On 4 September 2003 the court appointed a medical expert M.V. Since the applicant objected to this appointment, the court, on 14 October 2003, appointed another medical expert. At the last hearing the Žalec Local Court decided to deliver a written judgment. The judgment, upholding the applicant’s claim in part, was served on the applicant on 16 March 2004. 12. On 19 March 2004 the applicant appealed to the Celje Higher Court (Višje sodišče v Celju). S.H. cross-appealed. On 9 March 2005 the court dismissed both appeals, but changed the part of the first –instance judgment concerning legal costs. The judgment was served on the applicant on 23 March 2005.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

8. On 9 November 1992, at an auction organised by the Bolesławiec District Office, the applicants, who were the only participants in the bid, purchased real property owned by the District Office for 202,000 zlotys (PLN). 9. On 2 August 1996 the Bolesławiec District Prosecutor, acting on behalf of the State Treasury and relying on the 1991 Law on unjustified enrichment at the expense of the State Treasury, sued the applicants in a civil court, seeking payment in the amount of PLN 111,046. The prosecuting authorities referred to Article 7 of the Code of Civil Procedure (see paragraph 31 below) and invoked their powers as the guardians of the legal order. They submitted that the applicants had purchased the property concerned under a compensatory scheme for persons who had abandoned their property on territories beyond the Bug River that had belonged to Poland before the Second World War. Under this scheme, governed chiefly by the provisions of the Land Administration and Expropriation Act of 29 April 1985 (“the Land Administration Act” – see paragraphs 38-44 below), the applicants had a “right to credit”, that is, the right to count the price of the abandoned property towards the price of the property to be purchased from the State Treasury. 10. The prosecuting authorities further argued that the purchase price, which partly comprised compensation for the property left by the applicants’ legal predecessors in Trembowla, in the former Polish territories beyond the Bug River, had been calculated wrongly. They averred in that respect that the value of the property, as assessed by expert A.Ż., amounted to PLN 125,130. Later, a month before the contract was concluded, the same expert had assessed the value of the same property at PLN 218,985. The prosecuting authorities, harbouring certain doubts as to the soundness of the estimates, had instituted investigations and appointed a new expert, who had estimated the value of the abandoned property at only PLN 90,953. Consequently, as the value of the house that the applicants’ legal predecessors had abandoned in Trembowla was much lower than the price the applicants had paid for the property in Bolesławiec, the State had sold them the latter property at a considerable loss. The plaintiff prosecuting authority further argued that the first expert, A.Ż., had had regard to the market value of the Trembowla property, whereas under the relevant legislation he should have taken the technical value of the property into account. As the applicants had refused to comply with the Bolesławiec District Office’s demand to pay PLN 111,046, the prosecuting authorities claimed that the applicants should repay that amount to them. 11. The applicants argued in their pleadings that the State Treasury, which had sold them the property in Bolesławiec under the provisions of the Land Administration Act, had had the expert estimates at its disposal and had not put forward any objections at that time. They submitted that the estimate relied on by the prosecuting authorities in their statement of claim was based on the assumption that the property in Trembowla was in a rural location, which was incorrect as it was situated in a town. 12. On 18 December 1997 the Nowy Sącz Regional Court dismissed the prosecutor’s claim against the applicants, considering it to be unfounded. 13. The court first observed that the applicants had bought the property at a public auction organised by the Bolesławiec District Office under the compensation scheme for former owners of properties in the former Polish territories. For the purposes of the auction they had submitted to the authorities two successive expert opinions concerning the value of the property owned by their legal predecessors in Trembowla, prepared by expert A.Ż. He had estimated the value of the property abandoned in Trembowla at PLN 218,985. As the value of the property they had purchased from the Bolesławiec Municipality amounted to PLN 202,000, the applicants had not been obliged to pay anything to the municipality. 14. The court considered that the crux of the legal issue it had to resolve lay in the determination of the methods and criteria to be used when assessing the value of properties abandoned in the pre-war Polish territory. It referred to the Land Administration Act, applicable to the compensatory scheme at that time, and to the Cabinet’s ordinance issued on the basis of section 81 of said Act. Under section 6 of the ordinance, the value of the abandoned land was to be assessed with reference to the current market price of land, and the value of houses with reference to their so-called reconstruction value. 15. The court further observed that the relevant legislation did not lay down any other criteria for the valuation of the properties concerned. The properties therefore had to be valued on a case-by-case basis, with reference to all the factors relevant to a particular case. In such circumstances, the court had to make a choice relying on the conclusions of the experts commissioned to submit their reports to the court. 16. Accordingly, the court took account of expert opinions prepared by experts W.A. and A.M. for the purposes of the investigations conducted by the prosecuting authorities in connection with the purchase of the property. It also had regard to the findings and estimates made for the purpose of the civil proceedings by experts A.D., J.K. and T.L., who had been assigned to the case by the court. The court further noted the conclusions of an opinion prepared at the applicants’ request by expert S.S. 17. The court concluded that, in the light of the various arguments advanced by the experts, the price paid by the applicants in 1992 corresponded to the value of the property abandoned in Trembowla. 18. Lastly, the court had regard to the fact that the applicants had, in the meantime, sold the property in question and obtained PLN 180,992 for it. This, in the court’s view, confirmed its finding that the price for the property, fixed by the District Office in 1992 at PLN 202,000, had been excessive. 19. The court further ordered the Bolesławiec District Office of the State Treasury to repay to the applicants the litigation costs they had borne in the proceedings, in the amount of PLN 14,177.26. The court referred to Article 98 of the Code of Civil Procedure, taken in conjunction with Article 106. 20. The prosecuting authorities appealed, claiming that the Regional Court, in estimating the value of the properties concerned, had failed to take into account all the relevant expert opinions. In addition, the Regional Court’s decision to award the legal costs borne by the defendants had been ill-founded. They argued that, since the plaintiff in the case had been the prosecutor, the general principle whereby the unsuccessful party in a civil case bore the litigation costs, enshrined in Article 98 of the Code of Civil Procedure, was not applicable. 21. The applicants, in reply to the appeal, submitted that the assessment of the value of the abandoned property had been thorough and had been based on five expert opinions prepared by seven experts. 22. As to the litigation costs, they argued that the prosecuting authorities, while acting on behalf of the District Office, had in fact been seeking to protect the financial interests of the State Treasury rather than to act as the guardian of the legal order. Hence, the prosecution had not been acting under Article 7 of the Code of Civil Procedure, that is, to protect the rule of law or citizens’ rights, or in the public interest. 23. In such a situation, had the prosecution been exempted from operation of the general principle of responsibility of the unsuccessful party for the litigation costs, they would have been placed at an unfair advantage vis-à-vis the other party. 24. Hence, Article 106 of the Code of Civil Procedure should be applied to their case in the manner advanced by the Supreme Court, which had stated that the term “State Treasury” used in Article 106 of the Code of Civil Procedure should by no means imply that an award of costs for or against the State Treasury was ruled out in situations in which the prosecuting authorities acted in a civil case representing the financial interests of the State Treasury (decision of 6 July 1966, I Cz 62/66 OSP 1967/6/140). 25. On 7 April 1998 the Cracow Court of Appeal dismissed the prosecutor’s appeal in so far as it related to the price of the property concerned. The court noted that the first-instance court had had regard to expert opinions prepared by seven experts. It had carefully examined their conclusions and explained convincingly, with reference to the detailed findings of their reports, why it had found the price paid by the applicants for the property to be correct. 26. The court also partly amended the first-instance judgment by refusing to award the applicants their legal costs. The court considered that the situation of a prosecutor bringing a civil action on behalf of a third party represented a special case. He or she could not be regarded as a mere party to civil proceedings. This singular nature of the prosecutor’s role in a civil case was reflected in the rule on costs contained in Article 106 of the Code of Civil Procedure. Under that provision, the participation of the prosecutor in a civil case did not entail for the other party a right to reimbursement of the litigation costs. Article 106 was fully applicable to the circumstances of the case. Therefore, and in view of the fact that the Bolesławiec District Office had not joined the proceedings as a plaintiff, all litigation costs, including the costs borne in connection with the appellate proceedings, had to be borne by the defendants.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

5. The applicant was born in 1956 and lives in Velenje. 6. On 17 August 1989 the applicant was injured in an accident at work in a mine. The applicant’s employer had taken out insurance with the insurance company ZT. 7. On 30 June 1993 the applicant instituted civil proceedings against ZT. in the Celje Basic Court, Celje Unit (Temeljno sodišče v Celju, Enota v Celju) seeking damages in the amount of 700,000 tolars (approximately 2,900 euros) for the injuries sustained. Until 28 June 1994, the day the Convention entered into force with respect to Slovenia, the applicant lodged six preliminary written observations and made four requests that a date be set for a hearing. The court held a hearing and appointed a medical expert. On 1 January 1995 the Celje Local Court (Okrajno sodišče v Celju) gained jurisdiction in the present case due to the reform of the Slovenian judicial system. On 13 June 1996 and 11 September 1996 the applicant lodged preliminary written submissions and/or adduced evidence. On 18 October 1996 he requested that a date be set for a hearing. Neither of the hearings held on 13 July 1994 and 29 January 1997 was adjourned at the request of the applicant. During the proceedings the court sought an additional opinion from the appointed medical expert. At the last hearing the court decided to deliver a written judgment. The judgment, upholding the applicant’s claim, was served on the applicant on 3 March 1997. 8. On 18 March 1997 ZT appealed to the Celje Higher Court (Višje sodišče v Celju). On 17 September 1997 the court allowed the ZT’s appeal in part and remitted the case to the first-instance court for re-examination. The decision was served on the applicant on 22 December 1997. 9. On 5 January 1998 the applicant submitted preliminary written observations and requested that a date be set for a hearing. On 12 March 1998 the court held a hearing. The judgment, upholding the applicant’s claim, was served on the applicant on 7 April 1998. 10. On 21 April 1998 ZT appealed to the Celje Higher Court. On 23 September 1998 the court allowed the appeal and dismissed the applicant’s claim. The judgment was served on the applicant on 28 December 1998. 11. On 7 January 1999 the applicant lodged an appeal on points of law with the Supreme Court (Vrhovno sodišče). On 20 January 2000 the court allowed the applicant’s appeal, annulled the second-instance court’s judgment and remitted the case to the second-instance court for re-examination. The decision was served on the applicant on 6 November 2000. 12. On 28 September 2000 the Celje Higher Court, re-examining TZ’s appeal of 21 April 1998, allowed the appeal and remitted the case to the first-instance court for re-examination. 13. Between 12 February 2001 and 4 July 2001 the applicant lodged three preliminary written submissions and/or adduced evidence. Neither of the hearings held on 1 March 2001 and 4 April 2001 was adjourned at the request of the applicant. During the proceedings the court sought an additional opinion from the appointed medical expert. At the last hearing the court decided to deliver a written judgment. The judgment, dismissed the applicant’s claim, was served on the applicant on 2 October 1997. 14. On 4 October 2001 the applicant appealed to the Celje Higher Court. On 18 September 2002 the court dismissed the appeal. The judgment was served on the applicant on 15 October 2002. 15. On 23 October 2002 the applicant lodged an appeal on points of law with the Supreme Court (Vrhovno sodišče). He also sought a recusal of one of the judges. On 24 February 2003 the president of the court rejected the applicants request for a recusal. On 8 January 2004 the court dismissed the applicant’s appeal. The judgment was served on the applicant on 16 February 2004.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

8. The applicants, Mrs Macedonia Gavrielidou, Mr Nicos Kannavas, Mrs Maria Kannava and Mr George Kannavas were born in 1926, 1936, 1943 and 1969 respectively and live in Limassol. 9. The applicants were defendants in two sets of proceedings initiated against them before the District Court of Limassol. 10. Both actions were originally filed against the first and second applicants and Mr Andreas Kannavas in relation to contracts for the sale of certain flats in a block that had been built by a company know as A. Pieris Estates Ltd on land owned by the applicants in the coastal area of Limassol. On 10 March 1978 the applicants had concluded an agreement with the above company allowing the latter to build a block of flats and a restaurant on their land. In return the company would have 75% of the flats (twenty five in total) and a share equivalent to that percentage in the restaurant. The company had also undertaken to complete and deliver to the applicants in a specified period of time the remaining ten flats tantamount to a 25% share in the building. The applicants would also have a share of 25% in the restaurant. Following an agreement between the above company, the applicants and another company (A. Pieri Alakatoudi Beach Court Ltd) on 7 April 1978, the above company transferred all the rights it had in the block to A. Pieri Alakatoudi Beach Court Ltd. The latter then concluded contracts with the third persons for the sale of flats in the block. It appears that these contracts were not deposited with the Land Registry. 11. Subsequently, in 1982, the applicants terminated their agreements with the companies in view of the fact that the latter had not completed the work undertaken in the period prescribed. The termination of the aforementioned agreements had been the object of an action before the District Court of Limassol (action no. 2024/82) filed by the applicants, who had also requested an order for the sale of 75% of the building by auction to cover the amount of damages. Following an agreement on 26 March 1982 between the purchasers and A. Pieri Alakatoudi Beach Court Ltd, the flats were completed and delivered to the applicants and the purchasers. Both the applicants and the purchasers took possession of the flats. It appears however that the rest of the building was not completed. 12. The purchasers then brought civil actions against the applicants and A. Pieri Alakatoudi Beach Court Ltd concerning the flats (action no. 5949/85, St George Car Hire Ltd others v. Macedonia Gavrielidou and others and action no. 702/86, Andreas Tsaggaris v. Macedonia Gavrielidou and others). This company was subsequently wound up and the official receiver was joined as a defendant in the domestic proceedings, being the liquidator of this company. 13. In both sets of proceedings the plaintiffs requested the same remedies: an order by the court declaring that, firstly, the contracts of sale of the relevant flats concluded between them and the above-mentioned company were binding on the latter as well as the applicants who were not parties to the contracts; secondly, that the applicants as co-owners and/or sellers of the relevant flats held the flats as trustees for the benefit of the plaintiffs; and lastly, any other remedy the court deemed fit to award. 14. Following the death of Mr Andreas Kannavas on 18 May 1995, the last two applicants were appointed as administrators of his estate and were joined on 19 June 1996 (civil action no. 5949/85) and 11 January 1996 (civil action no. 702/86) as defendants in both sets of proceedings. They are the wife and son of the deceased and two of his four heirs. Furthermore, on 26 January 1998 the first applicant transferred her share in the relevant property to her two sons. 15. On 17 October 1985 civil action no. 5949/85 was filed in the District Court of Limassol by fourteen plaintiffs against the first and second applicants, Mr Andreas Kannavas and A. Pieri Alakatoudi Beach Court Ltd. 16. Between the above date and 1 January 1989 the submission of the parties’ pleadings took place and the court dealt with various applications for amendments thereto. 17. From 1 January 1989 until 16 December 1994 the court dealt with an application for amendment of the title of the action and statement of claim following one of the plaintiffs’ death, an application by the plaintiffs for amendments to their pleadings in respect of which it issued an interim decision and an application by the applicants for the discovery on oath of documents relevant to the proceedings. Within this period the case was adjourned approximately three times at the applicants’ request and approximately seven times at the parties’ requests. It was also adjourned by the court itself for nearly six months (from 16 May 1990 until 8 November 1990). Furthermore, the applicants sent a letter to the President of the Limassol District Court on 8 December 1994 complaining about the length of proceedings in the case. 18. From 1 January 1995 until 28 April 1998 the case was adjourned several times. Approximately six adjournments were at the applicants’ request; four of these concerned the appointment of a new lawyer. There were also approximately ten adjournments at the parties’ request and five at the plaintiffs’. Certain of these adjournments related to inter alia the amendment of pleadings following the death of one of the plaintiffs and Mr Andreas Kannavas. The last two applicants were joined to the proceedings as administrators of the deceased’s estate on 19 June 1996. The court also adjourned the case approximately four times, one of these being for a period of over four months (from 15 May 1997 until 3 October 1997). Further, within this period the applicants sent a number of letters to the relevant domestic authorities complaining about the length of the proceedings. 19. On 28 April 1998 the plaintiffs’ lawyers did not appear before the court and the action was dismissed in favour of the applicants and the defendant company. On the following day the plaintiffs filed an application for the reinstatement of the proceedings. However, because of an oversight by the Registry, the application was not put before a judge until 16 November 1998. Following the filing by the applicants of an objection to the above application, on 23 April 1999 the court issued a decision reinstating the action. 20. From the above date until 28 June 2002 the case was adjourned several times; once at the applicant’s request, approximately twelve times at the parties’ request and four at the plaintiffs’. The applicants expressed their reluctance at least concerning one of the adjournments. Certain of the above adjournments related to inter alia the amendment of pleadings following the death of one of the plaintiffs and the appointment of his administrator. Within this period the court also issued an interim decision dismissing an application by the applicants concerning the amendment of the plaintiffs’ pleadings. The hearing of the case that had commenced on 18 May 2001 was eventually concluded on 28 June 2002. A total of eight sessions were held. 21. The Limassol District Court reserved judgment on the above date but following a reopening of the case for unspecified reasons, judgment was reserved again in January 2003. 22. On 30 May 2003 the district court delivered its judgment dismissing the action against the applicants and awarded them costs and expenses. In particular, it concluded that the applicants were not bound by the relevant contracts and that no trust had been created between them and the plaintiffs. However, the court found in favour of the plaintiffs concerning the defendant company. 23. On 9 July 2003 the plaintiffs filed an appeal (no. 11776) against the above decision with the Supreme Court. 24. The Supreme Court delivered its judgment on 27 January 2006 setting aside the district court’s judgment and awarding costs and expenses in favour of the appellants. The court found that the applicants held the flats as trustees for the benefit of the appellants and ordered the applicants to ensure registration or transfer of the apartments in the appellants’ names. 25. On 10 February 1986 civil action no. 702/86 was filed in the District Court of Limassol by a plaintiff against, inter alia, the first and second applicants, Mr Andreas Kannavas and A. Pieri Alakatoudi Beach Court Ltd. 26. Between the above date and 11 September 1987 the parties submitted their pleadings and the court dealt with an application by the applicants for the amendment of their defence. 27. On 11 September 1987 the case was taken off the trial list, following a request by the plaintiff’s lawyer and the accord of the applicants’ 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”. 28. On 29 October 1987 the applicants’ lawyer notified the court that the winding-up order had been issued against the defendant company and that the plaintiff could only continue the action against the latter with the leave of the court. 29. 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. 30. The action was fixed for mention on 14 March 1995 following a letter sent on 9 February 1995 to the court by the applicants’ lawyer. 31. Between the above date and 7 March 2002, only two hearing sessions were held. The case was fixed before the court a number of times and several adjournments took place for the purposes inter alia, of applications for amendments to pleadings and objections thereto, applications for adjournments and appointment of new lawyers and of administrators. Approximately five adjournments were at the plaintiff’s request, three at the parties’ and two at the applicants’ request. On 11 January 1996 the last two applicants were joined to the proceedings as administrators of the estate of Mr Andreas Kannavas. The case also appears to have remained dormant from 14 May 1996 and 31 October 1997. Further, the case was adjourned because 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 plaintiff for certiorari and prohibition until the decision was adopted on 18 March 1999, and, secondly, pending the determination of an appeal lodged by the plaintiff 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. In addition, within this period the applicants sent a letter to the relevant domestic authorities complaining about the length of proceedings in the case. 32. From 8 March 2002 until 26 March 2002 three hearing sessions took place and one session of oral submissions. 33. By a judgment dated 23 May 2002, the district court dismissed the action concerning the applicants finding that no trust had been created between them and the plaintiff. The court however found in favour of the plaintiff regarding the defendant company. 34. On 2 July 2002 the plaintiff filed an appeal against the first instance judgment. The appeal was heard on 21 March 2003, following one adjournment at the applicants’ request with the plaintiff’s consent. 35. On 21 April 2003 the Supreme Court rejected the appeal and confirmed the findings of the district court. Costs and expenses were awarded in favour of the applicants.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

15. The first two applicants were born in 1930 and 1932 respectively and live in Bucharest. The third applicant lives in Villebon-sur-Yvette, France. 16. In 1934 S.D., the applicants’ father, a university lecturer, purchased a plot of land of 1,690 sq.m in Predeal, Romania. In 1937 S.D. had a house built on the land. 17. On 30 August 1946 a room in the house was requisitioned pursuant to an order of Predeal Town Council. 18. On 22 May 1948 the Braşov prefect ordered the restitution of the house and land (“the property”) to the owner, S.D., but the property was never returned. 19. On 13 September 1965 the Braşov notarial bureau recorded that the property had been nationalised under Decree no. 92/1950 on nationalisation. 20. On 17 August 1971 the Braşov prefect decided to place the property under the administration of a branch of the Department of State Security (Securitate). 21. In 1992 the management of the property was transferred to the Romanian Intelligence Service (Serviciul Român de Informatii – “the SRI”), successor to the Securitate. 22. On 8 January 1993 the first two applicants and Maria Margareta Dumitrescu brought an action for recovery of possession in the Braşov Court of First Instance against SRI Military Command Centre no. 05024. They argued that they were the heirs of S.D., that he had owned 2,686 sq.m of land in Predeal on which he had had a house built, and that in 1946 a room in that house had been requisitioned but that subsequently the State had unlawfully seized the entire property. They sought to establish their title to the house and land as heirs. 23. In a judgment of 25 May 1993 the court found that the requisition order could not have had the effect of lawfully vesting ownership of the property in the State and that the nationalisation of the property under Decree no. 92/1950 had been unlawful. The court accordingly held that the applicants were the rightful owners of the house and land and ordered the State’s property title to be struck out of the land register and the late S.D. to be registered as owner. 24. In a final judgment of 20 September 1995 the Braşov Court of Appeal allowed an appeal by the SRI on points of law and dismissed the applicants’ action for recovery of possession, holding that the courts below had exceeded their jurisdiction when they had examined the lawfulness of the nationalisation, since such matters could only be settled by statute. 25. On an unspecified date the applicants lodged an application for restitution of the property with the Braşov City Council’s administrative board established to deal with the implementation of Law no. 122/1995 (“the Administrative Board”). 26. In an administrative decision of 29 June 1999 the Administrative Board allowed the application and ordered the property to be returned to the applicants. 27. On 10 September 1999 the SRI lodged an application to have the administrative decision of 29 June 1999 set aside. 28. In a final and enforceable judgment, on appeal, the Braşov County Court upheld the administrative decision, finding in particular that the lawfulness of the nationalisation could not be dealt with under the objection procedure provided for by Law no. 112/1995. 29. In a judgment of 24 October 2000 the Braşov Court of Appeal allowed an appeal by the SRI on points of law, setting aside the decision of the Administrative Board in which it had ordered the return of the property. It found that the Administrative Board had not been entitled to give a decision but had been under an obligation to defer its findings until a fresh action for recovery of possession, brought on 22 February 1999, had been dealt with by the courts. 30. On 22 February 1999 the applicants brought a fresh action for recovery of possession against the State (represented by the Ministry of Finance) and Predeal Town Council. 31. On 21 February 2003 the Braşov County Court allowed the applicants’ action for recovery of possession. 32. In a final and irreversible judgment of 15 November 2005, the Court of Cassation upheld the judgment of 21 February 2003. 33. Since 20 February 2006 the applicants have enjoyed effective possession as a consequence of concluding an act of delivery and receipt of the house with the former occupants, the SRI.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

5. The applicant was born in 1960 and lives in Celje. 6. On 12 February 1997 the applicant was injured in an accident at work. The applicant’s employer had taken out insurance with the insurance company ZT. 7. On 19 September 1997 the applicant instituted civil proceedings against ZT in the Celje Local Court (Okrajno sodišče v Celju) seeking damages in the amount of 1,800,000 tolars (approximately 7,500 euros) for the injuries sustained. Between 5 February 1998 and 4 December 1999 the applicant made six requests that a date be set for a hearing. Between 24 March 2000 and 6 June 2001 he lodged four preliminary written submissions and/or adduced evidence. Of the three hearings held between 17 April 2000 and 4 July 2001 none was adjourned at the request of the applicant. During the proceedings the court appointed a medical expert. At the last hearing the court decided to deliver a written judgment. The judgment, upholding the applicant’s claim in part, was served on the applicant on 3 September 2001. 8. On 17 September 2001 the applicant appealed to the Celje Higher Court (Višje sodišče v Celju). ZT cross-appealed. On 20 November 2002 the court allowed the applicant’s appeal in part and dismissed ZT’s appeal. The judgment was served on the applicant on 9 December 2002. 9. On 16 December 2002 the applicant lodged an appeal on points of law with the Supreme Court (Vrhovno sodišče) and sought a recusal of one of the judges. On 28 March 2003 the president of the court rejected the applicant’s request to recuse one judge. On 19 February 2004 the court allowed the applicant’s appeal in part increased the damages awarded and remanded the case to the Celje Higher Court for re-examination of the judgment in the part rejecting the applicant’s claims. The judgment was served on the applicant on 10 May 2005. 10. On 30 March 2005 the Celje Higher Court, upon re-examination, upheld the applicant’s appeal and remanded the case back to the first-instance court for a re-examination of the part rejecting the applicant’s claims. The decision was served on the applicant on 8 May 2005. 11. On 3 June 2005 the applicant requested the first-instance court that a day be set for a hearing. On 23 June 2005 the applicant lodged preliminary written submissions. On 6 July 2005 the court held a hearing and decided to deliver a written judgment. The judgment, upholding the applicant’s claim in part, was served on the applicant on 3 November 2005. 12. On 7 November 2005 the applicant appealed to the Celje Higher Court. The proceedings are still pending.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

5. The applicant was born in 1930 and lives in Štore. 6. On 23 November 1990 the applicant was injured in a car accident. The perpetrator of the accident had taken out insurance with the insurance company ZT. 7. On 30 December 1992 the applicant instituted civil proceedings against ZT in the Celje Baisc Court (Temeljno sodišče v Celju) seeking damages in the amount of 6,700,000 tolars (approximately 28,000 euros) for the injuries sustained. Before 28 June 1994, the day the Convention entered into force with respect to Slovenia, the court held four hearings and appointed a road traffic expert and a medical expert. On 1 July 1994 the applicant submitted a preliminary written submission. On 5 July 1994 the court held a hearing and decided to deliver a written judgment. The judgment, upholding the applicant’s claim in part, was served on the applicant on 30 October 1994. 8. On 10 October 1994 the applicant appealed to the Celje Higher Court (Višje sodišče v Celju). ZT cross-appealed. On 14 June 1995 the court allowed both appeals in part and remitted the case to the first-instance court for re-examination. The judgment was served on the applicant on 17 July 1995. 9. On 1 January 1995 the reorganisation of the Slovenian judicial system took effect. After the case had been remitted to the first-instance court, it was initially assigned to the Celje Local Court (Okrajno sodišče v Celju) but after the applicant raised his claim in preliminary written submissions of 31 August 1995, the case was transferred to the Celje District Court (Okrožno sodišče v Celju). Between 31 August 1995 and 6 June 1997 the applicant made three requests that a date be set for a hearing. Between 12 January 1996 and 29 August 1997 he lodged six preliminary written submissions and/or adduced evidence. Of the three hearings held between 12 February 1996 and 4 September 1997 none was adjourned at the request of the applicant. During the proceedings the court appointed two medical experts. On 25 September 1997 the judge presiding the case was appointed to the Celje Higher Court and the case was assigned to a new district court judge. At the last hearing the court decided to deliver a written judgment. The judgment, upholding the applicant’s claim in part, was served on the applicant on 5 November 1997. 10. On 10 November 1997 the applicant appealed to the Celje Higher Court and requested that the first-instant court corrected its judgment. ZT cross-appealed. On 21 November 1997 the first-instance court corrected the judgment. The decision was served on the applicant on 8 December 1997 On 18 March 1998 the Celje Higher Court upheld both appeals, annulled the judgment of 25 September 1997 and returned the case to first-instance court for a new trial. The decision was served on the applicant on 13 May 1998. 11. Between 6 July 1998 and 17 December 1999 the applicant made eight requests that a date be set for a hearing. Between 6 July 1998 and 19 January 2000 he lodged seven preliminary written submissions and/or adduced evidence. Of the four hearings held between 15 September 1998 and 3 February 2000 none was adjourned at the request of the applicant. During the proceedings the court appointed a medical expert and a road traffic expert. At the last hearing the court decided to deliver a written judgment. The judgment, upholding the applicant’s claim in part, was served on the applicant on 27 March 2000. 12. On 6 April 2000 the applicant lodged an appeal with the Celje Higher Court. ZT cross-appealed. On 7 February 2001 the Celje Higher Court rejected the applicant’s appeal, upheld ZT’s appeal in part, and lowered the damages awarded. The judgment was served on the applicant on 13 March 2001. 13. On 27 March 2001 the applicant lodged an appeal on points of law with the Supreme Court (Vrhovno sodišče). On 18 March 2002 the court dismissed the appeal. The decision was served on the applicant on 23 May 2002. 14. On 23 October 2002, the first-instance court issued a decision on costs and expenses. 15. The applicant appealed. The Celje Higher Court dismissed the appeal on 6 November 2003. The decision was served on the applicant on 5 January 2004.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

4. The applicant was born in 1973 and lives in Verpelét. 5. On 21 May 1991 criminal proceedings were instituted against the applicant and her accomplices on charges of robbery and other offences. She was in detention on remand from 21 May 1991 until 19 May 1992. 6. Meanwhile, on 21 January 1992 a bill of indictment was preferred. Between 15 May 1992 and 1 October 1996, several hearings took place before the Pest Central District Court. On that last date the proceedings were suspended since some of the defendants could not be summoned. 7. On 5 March 2002 an arrest warrant was issued against the applicant and another defendant. On 29 April 2002 the applicant was arrested but released the next day. 8. On 6 May 2002 the proceedings were partially discontinued insofar as they concerned certain time-barred offences. 9. After a hearing on 21 January 2003, on 11 April 2003 the District Court sentenced the applicant to one year’s imprisonment, suspended for a year. In the absence of appeals, this judgment became final on 14 April and was served on 7 August 2003.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

5. The applicants were born in 1929, 1929, 1956, 1960, 1964 and 1966 respectively and live in Prostějov except for the sixth applicant who lives in Ostrov nad Ohří. 6. On 12 August 1992 the applicants lodged with the Prostějov District Court (okresní soud) a claim against the Ministry of Justice for damages caused by a violation of their personal rights and an unlawful court decision. 7. On 28 September 1992 the Brno Regional Court (krajský soud) referred the matter to the Brno Municipal Court (městský soud) which, in a decision of 25 June 1993[1], having received the defendant’s observations on 5 March 1993, separated that part of the action relating to the damage caused by a violation of personal rights and transferred it to the Regional Court. On 29 October 1993 the Regional Court decided to send certain of the applicants’ claims contained in this part of their action back to the Municipal Court. This decision became effective on 3 December 1993. i. Proceedings for damages 8. At a hearing held on 24 November 1993 the Municipal Court heard the first three applicants; the sixth applicant was to be heard by the Karlovy Vary District Court (okresní soud). It appears from the minutes that the fourth applicant did not attend the hearing. According to the Government, as the fifth applicant had not attended the hearing, he submitted his written statement on 15 March 1994. On 25 March 1994 the first and second applicants supplemented the action. 9. In the meantime, on 30 November 1993, the Municipal Court had requested the Prostějov District Court, the Kroměříž District Court and the Prague High Court (Vrchní soud) to submit some documents. 10. On 17 May 1994 the Municipal Court contacted the Vyškov District Court and the Zlín District Court in order to obtain information concerning other judicial proceedings initiated by the applicants. On 8 September 1994 it re-contacted the Vyškov District Court. 11. On 1 July 1994 the Karlovy Vary District Court, at the Municipal Court’s request of 2 June 1994, heard the sixth applicant who, on 7 July 1994, supplemented the action. The Municipal Court sent this document to the other parties to the proceedings on 13 January 1995, after the applicant having submitted the appropriate number of her supplement. 12. On 19 October 1995 the second applicant supplemented the action through the fourth applicant. On 31 October 1995 the Municipal Court held a hearing which was adjourned in order to gather evidence and to clarify the stage of the other proceedings which the applicants had concurrently instituted. The fourth applicant did not attend the hearing. 13. On 9 August 1996 the applicants’ lawyer, who did not have a power of attorney signed by the fourth applicant, asked for the latter’s psychiatric examination. On 14 August 1996 the first and second applicants requested that the first and fourth applicants be heard in their home. 14. On 25 October 1996 an attempt to hear the fourth applicant was made. 15. On 14 March 1997 the Municipal Court contacted the Prostějov Health Centre (zdravotní středisko) with a view to obtaining information about the fourth applicant’s state of health. On 10 July 1997 it asked the Prostějov District Court whether proceedings on limitation of the fourth applicant’s capacity to act had been instituted. Having received a negative reply, it invited the applicants’ lawyer, on 4 August 1997, to consider whether the other applicants could act as the fourth applicant’s guardians in the proceedings. On 12 September 1997 the lawyer informed the court that the second applicant would be ready to undertake this function. However, on 27 November 1997 the Municipal Court informed the lawyer that this would not be possible due to the risk of a conflict of interest. On 23 January 1998 the lawyer informed the court that the family was looking for a guardian. 16. On 16 September 1998 the Municipal Court asked the Prostějov District Court to appoint a guardian to defend the fourth applicant’s interests. On 29 March 1999 the District Court appointed the second applicant to represent the fourth applicant, finding that there was not any risk of a conflict of interest. On 15 October 1999 the Regional Court, having asked to have been provided with the case-file on 3 August 1999, sent it back to the Municipal Court. 17. On 29 October 1999 the applicants’ lawyer submitted final written pleadings. 18. On 23 November 1999 the fourth applicant gave a power of attorney to the lawyer. On the same day, the Municipal Court held a hearing, at which it invited the applicants’ lawyer to submit a supplementary statement, which the lawyer did on 22 December 1999. However, on 21 April 2000 the court asked him to explain the meaning of his statement. 19. On 3 August 2000 the Municipal Court, taking into account the aforesaid statement of the applicants’ lawyer, interpreted this as a withdrawal of the claims of the third, fourth, fifth and sixth applicants and discontinued the proceedings in respect of these claims. The decision became effective on 4 September 2000. 20. On 21 September 2000 the Municipal Court requested the first and second applicants to specify of their claims for damages. On 7 November 2000 their lawyer requested the court to extend the time-limit for that purpose. 21. On 15 February 2001 the Municipal Court discontinued the proceedings in respect of the claims of the first and second applicants due to their failure to specify their claims. ii. Proceedings for protection of personal rights 22. On 10 August 1994 the Regional Court declared that it was not territorially competent to deal with the applicants’ action for protection of their personal rights and transferred it to the Prague Municipal Court. 23. On 10 October 1994 the applicants appealed. 24. On 29 March 1996 the Prague High Court, having received the case-file on 10 March 1995, quashed the aforesaid decision and on 20 May 1996 remitted it to the Regional Court for further consideration. 25. On 25 July 1996 the applicants were invited to supplement their action, which they did on 4 September 1996[2]. 26. On 20 February 1997 the Regional Court separated certain of the applicants’ claims for a separate hearing. On 18 March 1997 it declared that it was not territorially competent to deal with the case and transferred it to the Municipal Court, which did not agree with the transfer and brought the competence conflict to the High Court. On 28 March 1998 the High Court held that the Regional Court was competent to deal with the applicants’ case. 27. On 30 October 1998 the Regional Court held a hearing. On 9 November 1998 the first applicant, not having attended the hearing, submitted his written statement. 28. Another hearing was held on 29 September 2000. The court requested the applicants to pay court fees. On 30 October 2000 the applicants’ lawyer disagreed and three of the applicants appealed against the request. 29. Between 2 November 2000 and 30 April 2001 the judge dealing with the applicants’ case was sick. 30. On 1 October 2001 the applicants’ appeal was sent to the High Court, which on 11 October 2001 returned the case-file to the Regional Court with a request to remove certain formal shortcomings. 31. On 15 September 2003 the Regional Court invited the applicants to complete their action and, on 17 September 2003, requested the applicants’ lawyer to clarify his previous pleadings. The lawyer complied on 27 September 2003. As the first applicant had died on 25 February 2003, the lawyer modified and extended the applicants’ original action on 22 October 2003. 32. On 26 January 2004 the Regional Court separated certain of the applicants’ claims for a separate hearing. The next day, it requested the applicants to specify their action. The applicants’ lawyer replied on 4 February 2004. 33. Between 28 January and 8 August 2004 the judge dealing with the case was sick. 34. It seems that the proceedings are still pending.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

5. The applicants were born in 1951 and 1979 respectively and live in Bodrum. The second applicant is the son of the first applicant. 6. On 28 June 2001 the Muğla Security Directorate asked the Bodrum Chief Public Prosecutor to issue an arrest warrant for sixteen persons who were suspected of being involved in an organised criminal gang. The gang was allegedly involved in bribing officials, threatening people into selling their property and in money laundering. The first applicant’s name was included in the list. Upon the request of the Bodrum Chief Public Prosecutor, the Bodrum Magistrates’ Court issued a warrant allowing the police to conduct searches of the houses of the suspected persons and to arrest them for the purposes of interrogation. 7. On the same day both applicants were taken into custody in Bodrum. The first applicant was arrested at his home. During the search of his residence the police found two pistols, five hunting rifles, one wire strangulation cord, one butterfly knife, four sets of handcuffs, five commando knives, two cartridge clips and twelve cartridges. The police prepared a search and arrest report, which was signed by the applicant. 8. The second applicant was working as a security guard in an exchange office owned by Ö.A, the person suspected of being the leader of the gang. While the police were conducting a search of the exchange office in order to arrest Ö.A., the second applicant arrived on the scene and was taken into custody for interrogation. 9. On 30 June 2001 the Muğla Security Directorate requested authorisation from the Bodrum Public Prosecutor to extend the applicants’ detention in police custody, as there were a number of suspects. 10. On 4 July 2001 both applicants gave statements to the police. They denied any involvement with the gang. In his statement, the first applicant explained that he knew Ö.A. and had occasionally lent him money. He also confirmed that he had bought a shop from him. However, he denied the allegation that he had been instructed by Ö.A. to threaten people. 11. On 5 July 2001 both applicants were interrogated by the Bodrum Public Prosecutor. During their questioning, the applicants repeated the statements they had made to the police. The second applicant was subsequently released. On the same day the first applicant was brought before the investigating judge at the Bodrum Magistrate’s Court, who subsequently ordered his detention on remand. 12. On 11 July 2001 the first applicant filed an objection against the remand decision. 13. On 23 August 2001 the İzmir State Security Court Public Prosecutor filed a bill of indictment with the İzmir State Security Court against the applicants and sixteen others, accusing them of being involved in the activities of an organised criminal gang, namely by bribing officials and threatening people. 14. On 17 September 2001 the first applicant filed a petition with the court, requesting his release. 15. On 17 October 2001 the applicants’ trial began at the İzmir State Security Court. At the end of the hearing, taking into consideration the seriousness of the offence and the evidence in the case file, the court ruled that the first applicant should be kept in detention on remand. 16. On 23 October 2001 the first applicant’s representative challenged the decision to continue to detain the first applicant on remand before the Istanbul State Security Court, via the registry of the Izmir State Security Court. He alleged that there was insufficient evidence to keep his client in detention. Upon the request of the Istanbul State Security Court, the public prosecutor submitted an opinion on 19 October 2001. 17. On 22 November 2001 the court refused the first applicant’s request for release. This decision was sent to the Registry of the İzmir State Security Court on 3 December 2001. 18. On 13 December 2001 the İzmir State Security Court held its second hearing and released the first applicant pending trial. 19. On 2 May 2002 the court sentenced the first applicant to five months’ imprisonment and acquitted the second applicant.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

4. The applicant was born in 1955 and lives in Budapest. 5. The applicant was employed by a construction co-operative; his duty was to disinfect pieces of wood with chemicals. On account of various illnesses which the applicant alleged were caused by this activity, he suffered a 40% disability. In September 1989 he instituted proceedings in the Budapest Labour Court. He claimed that his diseases had been caused by the chemicals and that his former employer should pay him compensation. On 20 October 1990 the Labour Court dismissed the action. This judgment was quashed by the Budapest Regional Court on 8 January 1992. The case was remitted to the first instance court. 6. In the resumed proceedings, the respondent employer was replaced by its successor. Between 13 October 1992 and 22 February 1994, the Labour Court held five hearings and obtained an opinion from the Institute of Forensic Medicine. On that date it delivered a judgment and dismissed the applicant’s action. On 9 September 1994 the applicant appealed. 7. After a hearing on 6 September 1995, on 28 February 1996 the Regional Court dismissed the applicant’s appeal. 8. Following the applicant’s successful request of 13 August 1996 to have his case re-opened, the Labour Court held hearings on 5 December 1996, and 24 April and 5 June 1997. By 28 September 1998 the opinions of further two experts were obtained. Another hearing was held on 31 March 1999. 9. On 8 September 1999 the Labour Court dismissed the applicant’s action, holding that the respondent was not liable for the applicant’s sickness. 10. On 30 March 2000 the Regional Court dismissed the applicant’s appeal. On 13 October 2000 the applicant filed a petition for review. On 16 January 2001 the Supreme Court appointed a legal-aid lawyer for him. On 3 April it scheduled a hearing for 14 November 2001. 11. On 6 April 2001 the liquidator of the successor to the applicant’s former employer informed the Supreme Court that the respondent had been liquidated on 1 June and deleted from the company register on 7 October 2000. On 10 May 2001 the Supreme Court interrupted the proceedings until the respondent’s successor joined the proceedings. 12. On 18 September 2001 the applicant requested that the liquidator be allowed to join the proceedings as the defendant’s successor. 13. On 7 November 2001 the Supreme Court dismissed the applicant’s request, observing that the liquidator was not the successor. 14. In separate proceedings, on 7 January 2002 the applicant requested that the proceedings resulting in the defendant’s liquidation be re-opened, since he had never been informed of them. On 1 February 2002 the Regional Court’s Economic Collegium dismissed this request. On 28 April 2003 the Supreme Court dismissed his appeal since the request was incompatible ratione materiae with the relevant provisions of the Code of Civil Procedure and Act no. XLIX of 1991 (“the Insolvency Act”). In its reasoning, the Supreme Court made reference to the fact that, under sections 20 and 82(g) of Act no. CXLI of 2000 on New Co-operatives, the respondent had ceased to exist ipso iure without a successor (section 1(3) of the Insolvency Act).

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

8. The applicant was born in 1948 and lives in Gaziantep. The application concerns the alleged abduction and ill-treatment of Cemal Uçar, the applicant’s son, by unknown persons and his death in Diyarbakır E-type prison. At the time of the events giving rise to the application, Cemal Uçar was 26 years old. The facts surrounding the detention and death of the applicant’s son are disputed between the parties. 9. On 5 October 1999 at around 11 a.m. Cemal Uçar left his house to buy water. Four plain-clothes persons carrying weapons and radios attempted to abduct him. Cemal Uçar tried to run away. However, he was caught behind his house. These persons told him that they were policemen. He was then blindfolded and put in a vehicle. The applicant claims that a neighbour witnessed the abduction. According to this witness, Cemal Uçar resisted arrest but was dragged into a dark red car. After being driven around for some time Cemal Uçar was taken to an unknown location. 10. Between 11 and 26 October 1999, the applicant filed petitions with the public prosecutor’s office at the Diyarbakır State Security Court and the Diyarbakır public prosecutor. He requested that the authorities carry out an investigation into the abduction of Cemal Uçar and that he be informed of his son’s whereabouts. 11. Between 5 October and 2 November 1999 Cemal Uçar was detained by the kidnappers. He was kept blindfolded, deprived of food and was subjected to electric shocks. 12. On 2 November 1999 the kidnappers took Cemal Uçar to the city stadium in Diyarbakır and left him outside. A balaclava was put over his head and he was made to lie on the ground. The kidnappers told him that they would send the police shortly. 13. On 11 October 1999, after having received the applicant’s petition, the Diyarbakır public prosecutor requested the security directorate to examine the allegations. He took statements from the applicant concerning the alleged abduction of Cemal Uçar. 14. On 22 November 1999 the Diyarbakır public prosecutor sent letters to the public prosecutor’s office in Nusaybin, the Security Directorate, the Gendarme Command and the Population Office in Diyarbakır, requesting these offices to conduct an investigation. 15. On 26 November 1999 the Diyarbakır Security Directorate reported to the Diyarbakır public prosecutor that Cemal Uçar had been taken into police custody on 2 November 1999 by police officers from the Diyarbakır Anti‑Terror Branch and that on 10 November 1999 his detention on remand had been ordered after he had been brought before the public prosecutor at the Diyarbakır State Security Court. 16. On 29 November 1999 the deputy chief of police in Diyarbakır notified the Diyarbakır public prosecutor that on 24 November 1999 Cemal Uçar had committed suicide in Diyarbakır E-type prison. 17. On 10 December 1999 the Diyarbakır public prosecutor issued a decision not to prosecute in respect of the applicant’s allegations. 18. On 23 December 1999 the decision of 10 December 1999 was served on the applicant. 19. On 2 November 1999, at 3.30 a.m., within 3 to 5 minutes after the kidnappers had left, police arrived at the stadium and arrested Cemal Uçar. The police officers found a forged identity card in Cemal Uçar’s pocket. It had been placed there by his kidnappers. He was then taken to the Diyarbakır State Hospital and examined by a doctor who noted that there were several injuries on various parts of his body. 20. On 10 November 1999 Cemal Uçar was forced by the police to sign a statement, according to which he had been responsible for the organisation of Hizbullah activities in Diyarbakır. 21. On 11 November 1999 Cemal Uçar, along with nine other persons, was taken to a medical expert who noted that none of the ten persons had sustained any injuries. 22. On the same day, Cemal Uçar made statements before the public prosecutor at the Diyarbakır State Security Court and denied the truth of the statements taken from him on 10 November 1999 by the police. Subsequently, he was taken to the Diyarbakır State Security Court before which he repeated the statements that he had made to the public prosecutor. The court ordered his detention on remand. 23. On 2 November 1999, at around 3.15 a.m., in the course of a routine police check, Cemal Uçar was seen sitting in front of the city stadium. As he appeared suspicious, the police officers asked him to show them his identity card. A forged identity card was seized and Cemal Uçar was taken into custody. 24. On 4 November 1999 the public prosecutor at the Diyarbakır State Security Court extended Cemal Uçar’s custody period for two days. On 6 November 1999 the period was extended for a further six days by the Diyarbakır State Security Court. 25. In his statement to the police dated 10 November 1999, Cemal Uçar acknowledged his involvement in Hizbullah activities in Diyarbakır. 26. On 11 November 1999 the Diyarbakır State Security Court ordered his detention on remand. Cemal Uçar was then transferred to Diyarbakır E‑type prison. 27. After being transferred to Diyarbakır E-type prison, the applicant was placed in a cell where he remained for eleven days. 28. On 24 November 1999 Cemal Uçar died in Diyarbakır E-type prison. 29. In a letter dated 27 September 2000, the applicant’s representatives informed the Court that the applicant believed that police officers had killed his son. In their submissions of 15 September 2005, the representatives claimed that Cemal Uçar could have been killed by other inmates of the ward where Cemal Uçar had been detained. 30. On 24 November 1999 during the regular morning inspection, at around 8.15 a.m., Cemal Uçar was discovered by prison officers hanging from a bunk bed by a belt in ward no. 1 in Diyarbakır E-type prison. The prison officers called the prison doctor who established that Cemal Uçar was dead. They drafted a report immediately after the incident which stated that Cemal Uçar had been hung by a belt. They then informed the prison director and his deputy. 31. On the same day, at 9.30 a.m., the public prosecutor, the prison director, his deputy and one prison officer prepared a further report describing the ward in which the applicant’s son had died. 32. At 11.30 a.m. a further report was drafted by technical police officers from the Diyarbakır Security Directorate. 33. Subsequently, an autopsy was carried out on the deceased. According to the autopsy report, no indication of ill-treatment, such as scars or bruises, was identified on the corpse. The report revealed that the cause of death was mechanical asphyxia resulting from suspension. 34. On the same day, statements were taken from the three prison officers who had found the body of Cemal Uçar and from the two other inmates of the ward in which Cemal Uçar had been found dead. 35. On 2 December 1999 the Diyarbakır public prosecutor issued a decision not to prosecute, finding that Cemal Uçar had committed suicide and that there was no offence to prosecute. 36. On the same day, the public prosecutor at the Diyarbakır State Security Court issued an additional decision not to prosecute in respect of the charges against Cemal Uçar, given the latter’s demise. 37. The parties submitted various documents with a view to substantiating their claims. These documents, in so far as they are relevant, may be summarised as follows. 38. The following information is disclosed in the documents submitted by the Government. (a) Statement of the applicant taken by the Diyarbakır public prosecutor on 11 October 1999 39. The applicant maintained before the Diyarbakır public prosecutor that his son had been abducted, that he did not know whether the persons who had abducted his son had been police officers and that he feared for his son’s life. (b) Letter dated 11 October 1999 from the Diyarbakır public prosecutor to the Diyarbakır Security Directorate 40. The Diyarbakır public prosecutor informed the security directorate of the alleged abduction of Cemal Uçar and requested that an investigation be conducted into his disappearance. (c) Letters dated 22 November 1999 from the Diyarbakır public prosecutor to the Nusaybin public prosecutor, the Diyarbakır Security Directorate, the Diyarbakır Gendarmerie Command and the Nusaybin Population Office 41. On 22 November 1999 the Diyarbakır public prosecutor sent letters to the public prosecutor’s office in Nusaybin, the Security Directorate, the Gendarme Command and the Population Office in Diyarbakır, requesting these offices to conduct an investigation and transmit certain information regarding Cemal Uçar. (d) Letters dated 26 and 29 November 1999 from the Diyarbakır Security Directorate to the Diyarbakır public prosecutor 42. On 26 November 1999 the Diyarbakır Security Directorate reported to the Diyarbakır public prosecutor that Cemal Uçar had been taken into police custody on 2 November 1999 by police officers from the Diyarbakır Anti‑Terror Branch, and that on 10 November 1999 his detention on remand had been ordered after he had been brought before the public prosecutor at the Diyarbakır State Security Court. 43. By a further letter dated 29 November 1999, the deputy chief of police in Diyarbakır notified the Diyarbakır public prosecutor that on 24 November 1999 Cemal Uçar had committed suicide in Diyarbakır E‑type prison. (e) Decision taken on 10 December 1999 not to prosecute 44. On 10 December 1999 the Diyarbakır public prosecutor issued a decision not to prosecute in respect of the applicant’s allegations, finding that Cemal Uçar had been taken into police custody and, consequently, no offence had been committed or offender sought. On 23 December 1999 the decision of 10 December 1999 was served on the applicant. (f) Statement of Cemal Uçar taken by police on 10 November 1999 45. In his statement to the police dated 10 November 1999, Cemal Uçar acknowledged his involvement in Hizbullah activities in Diyarbakır. (g) Medical reports dated 2 and 11 November 1999 46. On 2 November 1999, following his arrest, Cemal Uçar was taken to the Diyarbakır State Hospital and examined by a doctor who noted the following: “An abrasion on the nose, scars on the right wrist, right hand and left foot, an oedema on the right foot and injuries to various parts of the body have been identified...” 47. On 11 November 1999 Cemal Uçar, along with nine other persons, was taken to a medical expert in a health clinic in Diyarbakır who noted that none of the ten persons had sustained any injuries. (h) Petition dated 11 November 1999 by Cemal Uçar addressed to the directorate of Diyarbakır E‑type prison 48. On 11 November 1999 Cemal Uçar requested to be placed in the same prison ward as the other persons who were charged with membership of the Hizbullah. (i) Reports dated 24 November 1999, drawn up by prison officers in Diyarbakır E-type prison 49. According to two reports drawn up by prison officers, on 24 November 1999, during the regular morning inspection at around 8.15 a.m., Cemal Uçar was discovered by prison officers hanging from a bunk bed by means of a belt. The prison officers called the prison doctor who established that Cemal Uçar was dead. They then informed the prison director and his deputy. (j) On-site inspection report, dated 24 November 1999 50. On 24 November 1999, at 9.30 a.m., the public prosecutor, the prison director, his deputy and a prison officer prepared a further report describing the ward in which the applicant’s son had died. According to this second report, there were six bunk beds in the 36 m² ward where Cemal Uçar was kept. One of these six beds was turned upright so that it could be used as a wardrobe. The deceased was hanging from the upright bunk bed by a blue belt. There were two pillows, a bottle of water and two glasses placed under his feet. There was no sign of a struggle in the ward, such as broken objects or traces of blood. (k) Scene of incident report, sketch plan, photographs and a film of the scene of the incident, dated 24 November 1999 51. At 11.30 a.m. a report was drafted by technical police officers from the Diyarbakır Security Directorate. They established that Cemal Uçar had committed suicide by hanging himself from a bunk bed, positioned vertically, by means of a black belt. They took photographs of the scene of the incident, drew a plan and filmed the ward with a video camera. (l) Body examination and autopsy report, dated 24 November 1999 52. An autopsy was carried out on the deceased at Diyarbakır State Hospital by Dr Lokman Eğilmez, the director of the Diyarbakır Forensic Medical Branch Office. According to the examination of the body and autopsy report, no indication of ill-treatment, such as scars or bruises, was identified on the corpse. At the end of the examination, Dr Lokman Eğilmez concluded that the cause of death was mechanical asphyxia resulting from suspension. (m) Statements, dated 24 November 1999 and taken by the Diyarbakır public prosecutor, of three prison officers, H.M., A.T., and M.Y.S., as well as two inmates of the ward, S.K. and E.F., where Cemal Uçar was found dead 53. According to the documents submitted to the Court, the prison officers testified that Cemal Uçar had taken breakfast at around 6.45 a.m. and that at around 8.15 a.m. they had found him dead during the inspection of the ward. One of the officers stated that the other inmates were asleep when they arrived at the scene of incident. The officers stated that they then informed the prison authorities. The two inmates stated that they had been woken up at around 8 a.m. by a noise in the ward and had found that Cemal Uçar had hung himself and that prison officers had been in the ward. They both testified that Cemal Uçar had been depressed and had talked about killing himself prior to his death. They affirmed that Cemal Uçar had talked about his previous suicide attempts during his detention in police custody. (n) Decisions dated 2 December 1999 not to prosecute issued by the Diyarbakır public prosecutor and the public prosecutor at the Diyarbakır State Security Court 54. On 2 December 1999 the Diyarbakır public prosecutor issued a decision not to prosecute, finding that Cemal Uçar had committed suicide and that there was no offence to prosecute. 55. On the same day, the public prosecutor at the Diyarbakır State Security Court issued an additional non-prosecution decision in respect of the charges against Cemal Uçar, given the latter’ demise. 56. The following information appears from documents submitted by the applicant. (a) The applicant’s petitions submitted to the public prosecutor’s office at the Diyarbakır State Security Court and the Diyarbakır public prosecutor 57. In his petition dated 11 October 1999 addressed to the public prosecutor at the State Security Court, the applicant submitted that his son had been arrested by persons claiming to be police officers. He requested the authorities to inform him whether his son had been taken into police custody. On the same day, after having been notified that Cemal Uçar had not been taken into police custody, the applicant lodged a further petition with the public prosecutor’s office in Diyarbakır, requesting the authorities to ascertain the whereabouts of his son. 58. In his second petition dated 26 October 1999, addressed to the Diyarbakır public prosecutor, the applicant repeated his allegation concerning his son’s abduction. The applicant further stated that two plain-clothes police officers had gone to his son’s house two days after the abduction and that, on the same day, a plain-clothes police officer had gone to his house, searching for his son. The applicant contended that he had been unable to obtain information about his son from the Diyarbakır Security Directorate. He requested the public prosecutor’s office to ascertain his son’s whereabouts. (b) Letter dated 2 November 1999 from the head of the Organisation for Human Rights and Solidarity for Oppressed People (Mazlum-Der), Mr Yılmaz Ensaroğlu, to the Ministry of the Interior 59. In his letter, Mr Ensaroğlu informed the Minister of the Interior of the disappearance of Cemal Uçar and requested that an investigation be conducted. (c) Statements made on 11 October 1999 by Cemal Uçar before the public prosecutor at the Diyarbakır State Security Court and the Diyarbakır State Security Court 60. In his statements to the public prosecutor, Cemal Uçar claimed that he had been kidnapped and taken somewhere close to the Diyarbakır prison. There he had been tortured by the kidnappers, who said they were working for Mahmut Yıldırım, an individual also known as “Yeşil”, who carried out unlawful acts in the south-east in the 1990s and whose activities were allegedly known to the police and the Turkish intelligence service. He denied the truth of the statements taken from him by the police. He maintained that he had been forced to sign them. 61. In his statements before the Diyarbakır State Security Court, Cemal Uçar repeated the statements that he had made to the public prosecutor. (d) Report dated 2 November 1999 of house search and seizure 62. According to the report drafted at 5.45 a.m. on 2 November 1999 about the search conducted in Cemal Uçar’s house, the house was searched in the course of a police operation carried out against the Hizbullah and seven books were found. This report was signed by eight police officers and Cemal Uçar. (e) Statement by Mr İ. Sağlam concerning the abduction and death of Cemal Uçar 63. Mr İ. Sağlam stated that Cemal Uçar sent a letter to his family, informing them that he had been taken into police custody and, subsequently, detained in Diyarbakır E-type prison. After having received the letter, the applicant went to the prison and saw his son. Subsequently, he asked Mr İ. Sağlam to visit his son. On an unspecified date, Mr İ. Sağlam visited Cemal Uçar, who maintained that he had been kidnapped by security forces and that he had made statements before the public prosecutor about his abduction. Cemal Uçar refrained from informing the public prosecutor about the place where had been kept for almost a month as he feared for himself and his family. Mr İ. Sağlam further stated that he did not have the impression that Cemal Uçar was disturbed psychologically. However, he had feared the possibility of being taken to the security directorate again. (f) Expert reports dated 30 August 2005 of Dr A.M. Anscombe 64. Two reports were prepared on behalf of the applicant by Dr A.M. Anscombe, a consultant forensic pathologist practising in the United Kingdom. The applicant instructed Mr Anscombe to review the autopsy report on Cemal Uçar, the police reports on the inspection and verification of the scene of the incident, the plan of the ward, the video and photocopies of photographs of the scene, with the deceased in situ, and to comment on the adequacy of the autopsy examination. 65. In his reports Dr Anscombe maintained that his main criticism was the absence of autopsy photographs. He stated that autopsy photographs were a standard part of any forensic post-mortem examination since without photographs, one was reliant upon the description by the pathologist and there was no other means of corroborating what the pathologist had found or described. He further maintained that the autopsy report would be considered to be inadequate in the United Kingdom because of its brevity and lack of detail. As regards the cause of death of Cemal Uçar, Dr Anscombe stated that there was nothing in the disposition of the body, the manner of dress, and disposition of the scene which raised suspicion of anything other than suicide. He however opined that it was possible that the deceased could have been suspended by another person or persons, the assessment of which likelihood in turn rested on the accuracy and reliability of the autopsy report. He concluded that that was why an adequate autopsy description with documentation, including photographs, was so important.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

5. The applicant was born in 1941 and resided in Kazincbarcika. He died in March 2004. 6. On 2 September 1994 the applicant brought an action in the Miskolc Labour Court against his former employer, a joint-stock company. He requested the court to hold that his employment contract had been terminated unlawfully, that he should be reinstated and that the agreement with the employer company to buy his shares from him be annulled. 7. After a hearing on 30 November 1994, on 15 February 1995 the Labour Court discontinued the proceedings partly because the applicant’s action had been submitted outside the statutory time-limit, and partly because it had no competence in the case. 8. On 11 May 1995 the Borsod-Abaúj-Zemplén County Regional Court quashed part of the first-instance decision and appointed the Kazincbarcika District Court to deal with the applicant’s civil law claim. 9. On 16 February 1996 the Supreme Court accepted the applicant’s petition for review and remitted the labour law aspects of the case to the Labour Court. 10. Meanwhile, on 25 April 1995 the applicant instituted proceedings, seeking the payment of damages, additional wages and other benefits. After a hearing on 6 December 1995, on 28 March 1996 the Labour Court ordered that this action be joined to the original proceedings which were to be resumed pursuant to the Supreme Court’s decision. 11. After hearings on 17 May and 7 June 1996, on 3 July 1996 the Labour Court gave a partial judgment. It stated that the company had terminated the applicant’s employment unlawfully and ordered it to reinstate him. 12. On appeal, on 28 November 1996 the Regional Court quashed the first-instance partial judgment and dismissed the applicant’s claim concerning the termination of his employment. 13. In the proceedings concerning the remainder of the case, on 8 April, 4 September and 2 November 1997, the Labour Court held hearings. On 16 December 1997 it accepted part of the applicant’s claims for additional wages and outstanding benefits, but dismissed the remainder. 14. On appeal, on 2 April 1998 the Regional Court considered the first-instance judgment to be a partial decision and confirmed its contents. It held that the Labour Court had failed to examine some of the applicant’s claims, and that in this respect the proceedings were to be continued. 15. In the resumed first-instance proceedings, on 15 June 1998 the Labour Court transferred part of the applicant’s claims to the competent Kazincbarcika District Court. After a hearing on 13 January 1999, on 3 February 1999 it dismissed the applicant’s action. 16. On 14 December 2000 the Regional Court dismissed the applicant’s appeal. 17. On 18 April 2002 the Supreme Court dismissed the applicant’s petition for review.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

4. The applicant was born in 1959 and lives in Veszprém. 5. On 7 November 1994 criminal proceedings were instituted against the applicant, the president of a savings bank, and other defendants. On 22 March 1995 the Veszprém County Police Department heard the applicant as a suspect and explained to him that an investigation was being conducted against him since he was accused of having committed fraud when granting credit to a limited company, a conduct punishable under section 297/A of the Criminal Code. 6. In February 1997 the investigation was closed. 7. On 16 October 2000 the Veszprém Public Prosecutor’s Office preferred a bill of indictment against the applicant charging him with aggravated fraud committed as an accomplice, a conduct punishable under section 318 §§ 1 and 6(a) of the Criminal Code. 8. At the hearing of 24 January 2002 a defendant and some representatives failed to appear. The Veszprém District Court heard the applicant, who stated that he did not want to propose any evidence. The case was adjourned. 9. Hearings took place on 28 May, 15 October 2002 and 3 March 2003. On 28 May 2002 the District Court rejected the applicant’s motion for bias. 10. On 11 September 2003 the District Court acquitted the applicant. 11. On 7 June 2004 the Veszprém County Regional Court quashed the first-instance judgment concerning the applicant and remitted this part of the case to the District Court. 12. On 8 October 2004 the Budapest Court of Appeal rejected the applicant’s motion for bias, filed against all the judges in Veszprém County. 13. In the resumed proceedings, the District Court held hearings on 24 March and 12 April 2005. On that date it acquitted the applicant in the absence of any evidence proving him guilty. 14. Both the applicant and the prosecutor appealed. However, on 25 May 2005 the prosecution withdrew its appeal. 15. On 26 September 2005 the Regional Court upheld the applicant’s acquittal. In line with the applicant’s appeal, it found that the incriminated conduct did not constitute a criminal offence.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

7. The applicant was born in 1937 and lives in Landas. 8. In July 1964 the applicant was prosecuted for the abduction and murder of Luc Taron, an 11-year-old boy, on 26 and 27 May 1964. 9. On 5 July 1964, while in police custody, the applicant signed a confession which he stood by for the first ten months of the investigation. Later that day he was placed in pre-trial detention. The investigating judge questioned him on several occasions about the reasons for his conduct, which was inconsistent with his confession, but the applicant refused to offer an explanation. 10. On 21 December 1964 a panel of experts in neuropsychiatry submitted a report. The experts submitted that the applicant had not been suffering from mental illness at the time of the events and contended that the physiological and psychological abnormalities observed, coupled with the applicant’s alleged memory loss at the time of the killing, “[made] it impossible to rule out the presence of an epileptic symptom with a twilight state and dimming of consciousness”. They concluded that the applicant was “dangerous” and “liable to a criminal penalty” and that “the organic disorders observed would be amenable to palliative treatment alone and dictate[d] that his social rehabilitation [could] be envisaged only with the utmost caution”. 11. A second report was submitted on 30 April 1965. It concluded that the applicant was “not mentally ill and should not be admitted to a psychiatric hospital. He is fit to stand trial. He must answer for his actions in court. He is a danger to public safety.” 12. On 11 June 1965 the applicant retracted his confession but refused to expand on his muddled and limited explanations. He has protested his innocence ever since. 13. In a judgment of 7 May 1966 the Seine-et-Oise Assize Court found the applicant guilty of abduction and subsequent murder, with mitigating circumstances. The Assize Court held that the offence should not be classified as premeditated murder (assassinat). Although the prosecution had not sought a specific penalty, the applicant was sentenced to life imprisonment, but no minimum term was set (see paragraph 34 below). After the verdict had been read out by the President of the Assize Court, the applicant protested that there had been a miscarriage of justice and gave the name of a person who, according to him, was guilty. An appeal on points of law by the civil party was dismissed on 29 November 1966. 14. The applicant’s wife died in unexplained circumstances in January 1970, after she had written to tell him that she knew he was innocent and that she had received death threats from one of the two real culprits. 15. On 17 June 1971 the applicant, through his lawyer, who had nevertheless entered a guilty plea on his behalf, lodged an initial application for a retrial, which was apparently not examined. 16. On 6 September 1974 the applicant’s lawyer lodged a second application for a retrial with the Minister of Justice. The application gave rise to an investigation, the findings of which were due to be disclosed to the lawyer. However, the lawyer died before the report was submitted and the findings of the investigation were never forwarded to the applicant. Several months later, the applicant was notified orally that the application had been dismissed. 17. On 5 July 1979, on the expiry of a “probationary period” of 15 years (see paragraph 39 below), the applicant became eligible for release. 18. The applicant applied for release on licence on several occasions. In 1984 he received the support of the President of the Ligue des droits de l’Homme (Human Rights League). The civil party subsequently issued death threats against the applicant in the event of his release from prison. 19. His applications for release on licence were transmitted in 1985, 1988, 1990, 1991, 1992, 1993, 1994, 1995 and 1997 to the Minister of Justice, who at the time was empowered to deal with such matters, and were refused, in many cases for his own safety despite “evidence supporting them”, as Mr Toubon, the Minister of Justice from 1995 to 1997, explained in a press article published on 8 June 2000. 20. The applicant also made several applications for a presidential pardon. Some of them did not receive a reply. The last one, submitted in 1998, was refused after an expert medical assessment had concluded that the applicant’s state of health was compatible with detention. 21. On 18 March 1999 a lawyer belonging to the Lille Bar applied for the applicant’s release on licence. The sentence enforcement board gave a positive opinion, but consideration of the application was adjourned pending the submission of a fresh expert report. 22. On 4 October 1999 the experts submitted their report, which read: “... Previous expert reports Among the documents consulted, we have considered in particular the expert reports by the following psychiatrists: Dr Behague, Dr Cenac and Dr Dublineau, of 21 December 1964; Dr Petit-Dutaillis, Dr Heuyer and Dr Roumajon, of 5 April 1965; Dr Follin and Dr Roumajon, of 13 December 1984; Dr Bornstein, of 24 November 1989; Dr Cayet, of 13 May 1997 ... Observations We have studied the committal order by the Indictment Division and a number of expert reports. In their report dated 13 December 1984 Dr Roumajon and Dr Follin observed in Lucien Léger a mental distortion of reality bordering on the process of paranoia. They noted his pride, his taste for publicity and his need for a sense of self-worth. They referred to the substantial administrative file on Lucien Léger, whose time in custodial establishments had been highly eventful. The two experts emphasised that Lucien Léger was very keen to publish his version of events. This, they concluded, was likely to cause a quite considerable scandal. His release risked causing a significant disturbance to public order, and they believed that it could give rise to fears of a publicity stunt. Dr Boissenin, who had been unable to examine Lucien Léger as the latter had refused, expressed the view in his report of 18 May 1985 based on the file that the prospect of release was risky. On 13 May 1997 Dr Denis Cayet noted in his report that Lucien Léger’s intellectual faculties had remained intact. He observed that, despite a fairly warm appearance, there were still paranoid character traits centred on distrust, a suspicious and quibbling temperament, a general impression of persecution, difficulty in being self-critical, an underlying inflexibility and an inflated opinion of himself, accompanied by a latent sense of manipulation and provocation. Dr Denis Cayet concluded from this that Lucien Léger had scarcely changed since the assessment by Dr Follin and Dr Roumajon, finding him to be just as combative, prone to look for hidden meaning, and seemingly determined to assert in future, by any possible means, what he considered to be his justification and the expression of the truth. In Dr Cayet’s opinion, the question of release was very difficult to assess, in view of the disturbance to public order and the media attention that were likely to ensue. During our examinations, Lucien Léger developed good relations with us. The general impression that emerged seems more balanced than that observed by the previous experts. One expression struck us in particular: ‘I have continued to develop a structure while in prison.’ That does indeed seem to be the case, but it is impossible to assess whether, as things stand, Lucien Léger would be able to maintain this relative stabilisation on being released, if such a decision were taken. Lucien Léger appeared to us to be well informed about the current situation. He demonstrated great skill in pleading his own case, without, moreover, displaying excessive passion or exerting pressure on his interlocutors, so much so that questions may be raised as to the intensity of his current desire to be released. In any event, after thirty-five years of imprisonment, such ambivalence is not surprising. The idea of coming out of a system that is organised, restrictive and frustrating yet reassuring by its very monotony, with particular features such as a certain degree of respect on the part of most of the supervising staff, will undoubtedly cause him to wonder, quite naturally, about life as a free man, a life to which he is no longer accustomed: management of time and space, access to treatment, professional responsibility, social skills ... The version of events he submitted to the three experts is consistent with what he has written and with the version he gave to the previous succession of experts. It is not for us to pass judgment on its credibility. Is it a mythomaniac fabrication? What portion of truth is there in his current version of events? Is it quite simply a defence mechanism? Is it basically a defensive structure verging on the delusional? All these aspects, indeed, may well be interlinked. In any event, a certain progression can be seen from these various documents. In simplified form, it may be broken down into three phases: At first, Lucien Léger appeared to have a highly disordered personality, being prone to mythomaniac fabrication and a somewhat naive boastfulness. Next came the phase of multiple complaints and a defensive organisation bordering on paranoia. Currently there seems to be evidence of a relative softening of his character armour, although it is impossible to judge the impact of ‘protection afforded by prison’ and his reaction on experiencing the ‘void of release’. Our overall impression is therefore more qualified. To sum up, [the applicant] was imprisoned at the age of 27. At the time he appeared to have a disordered personality ... Thirty-five years later, most of his life has been spent in prison. ... Admittedly, a few paranoid personality traits may still be observed, but they are relatively well suppressed. Such traits essentially seem to be a form of character defence against accusations, a psychological survival response in order to ... ‘avoid losing a grip on reality’. He does not show any signs of systematic misjudgment, general over-simplification, deep suspicion, or a sense of current persecution ... at least, as soon as discussion moves away from the case in question. ... As further evidence against the presence of genuine paranoia, it is noticeable that he has maintained a certain sense of humour, a responsiveness to his surroundings and a degree of nuance.” The report concluded: “This assessment therefore focuses entirely on aspects of his personality from a strictly psychiatric and forensic standpoint. And from that standpoint, there do not currently seem to be any formal obstacles to his release.” The report also stated that the previous experts had already found that there did not appear to be a risk of a further offence involving a child and that only the risk of a surge of paranoia and protest had held them back. “That eventuality cannot be totally ruled out, although a number of clinical factors suggest that there has been a relaxation of his reactive faculties. In the event of his release on licence, which is not precluded by the findings of the clinical examination, it is ultimately the continuity, consistency and solidity of the reference points with which he is provided that should prevent a reaction of psychological destabilisation after such a lengthy period of incarceration. It would be helpful for him, at least initially, to receive support through psychological counselling.” The experts reported that the applicant was envisaging receiving such counselling “to reassure everyone and myself, and in case I get depressed”. 23. On 7 February 2000 the judge responsible for the execution of sentences gave the following opinion: “Mr Léger is supported by the Bernhard family, who have regularly come to see him in the visiting room for about twenty years. Mr and Mrs Bernhard have offered to provide [the applicant] with accommodation. They have already welcomed other people in difficulty into their family. In addition, Mr Bernhard runs a company called ‘Le pain de nos ancêtres’. He will employ the prisoner to carry out administrative duties. [The applicant] will not be able to submit any other plans in view of his age (63) and his isolated family situation (as a widower with no children). The assessment recently conducted by a panel of psychiatric experts concludes that his personality has mellowed and that he has maintained his intellectual faculties and his grasp of reality. There does not appear to be any risk of his committing a further criminal offence involving a child. The findings of the clinical examination do not stand in the way of his release on licence. The solidity of the reference points with which he has been provided should prevent a reaction of psychological destabilisation after such a lengthy period of incarceration. It would be helpful for him initially to receive support through psychological counselling, according to the experts. I am forwarding the file on [the applicant] because I consider that after almost 35 years in prison it is appropriate to review of his situation and thus assess the purpose of his sentence. Releasing him on licence would enable him to undergo compulsory medical and psychological treatment and to regain his liberty within a clearly defined framework, unlike an individual pardon.” Following the reform of the post-sentencing system, including the procedure for granting release on licence to long-term prisoners, pursuant to the Law of 15 June 2000, the Minister of Justice refused the application for the applicant’s release and referred his case to the newly established courts. 24. On 16 January 2001 the applicant availed himself of this new judicial procedure. In his application he again stated that friends of his would provide him with accommodation in an outbuilding at their home and with employment in their bakery on his release. 25. On 5 February 2001 the sentence enforcement board issued a unanimous opinion in favour of his release on licence. The applicant’s resettlement and probation officer also expressed an opinion strongly in favour of the application. 26. At the hearing in the Douai Regional Parole Court the advocate-general submitted that the applicant’s application should be refused in view of his “lack of reform” in relation to the acts that had led to his conviction. 27. In a decision of 6 July 2001 the Regional Parole Court, observing that the applicant denied having committed the offence of which he had been convicted, refused his application on the following grounds: “The extremely serious offence which [the applicant] denies having committed was punished by a sentence of life imprisonment. The psychiatric experts who examined [the applicant] (in 1965, 1984, 1989 and most recently 1999) could not rule out his potential dangerousness and the risk of his reoffending, the only means of averting such risks being through psychotherapeutic counselling or support, which by its very nature requires acceptance by the subject. [The applicant’s] position in relation to the offence committed and to the assessment which psychiatrists may make of a person’s mental state rules out any counselling of that kind and precludes a finding that he is making ‘serious efforts to readjust to society’ ... in spite of a coherent resettlement plan in terms of accommodation and employment.” 28. Contending that that decision had required a confession as a new condition for release, the applicant appealed to the National Parole Court. His lawyer observed that the applicant was assured of work and accommodation on his release and that the most recent psychiatric report submitted by a panel of experts on 4 October 1999 had concluded that nothing stood in the way of his release on licence as there no longer appeared to be any risk of his reoffending. Relying on Article 3 of the Convention, the applicant’s lawyer argued that making his client’s release conditional on a confession was tantamount to a slow death sentence. 29. On 12 November 2001 the applicant’s friends attested that their offer of accommodation and employment, which they had repeatedly made over a period of seventeen years, was still valid although their bakery was currently being sold to a private company founded by their children (a separate business registered at their home address). 30. In a judgment of 23 November 2001 the National Parole Court upheld the decision of 6 July 2001 in the following terms: “... the offers of employment and accommodation referred to by the offender in support of his application as evidence of a social resettlement plan are closely interlinked and are currently in doubt as a result of the bankruptcy order against the person who made the offers. Furthermore, the paranoid tendencies still noted by the most recent expert would require psychological counselling, which the prisoner does not envisage undergoing.” 31. Following a proposal to commute the applicant’s sentence, a fresh psychiatric report on him was completed in May 2004. It concluded: “... In our view there has been no particularly perceptible change in the offender’s mental state since the psychiatric assessments carried out in 1999. The character and personality traits observed do not make it possible to conclude with absolute certainty that he will not pose a significant danger in the community, in the psychiatric sense of the term. The forecast cannot be anything but reserved ... as to his ability to readjust. Prospects of change are barely perceptible, seeing that he is increasingly occupied with disparaging the experts’ methods rather than providing evidence to address the question of his plans for the future.” 32. On 25 January 2005 the applicant lodged a further application for release on licence with the Arras Post-sentencing Court (tribunal de l’application des peines). The prison authorities recommended applying a probationary semi-custodial regime. The public prosecutor was opposed to the applicant’s release on licence, contending that such a measure would entail a dual risk for society, that of reoffending and that of psychological decompensation. 33. In a judgment of 1 July 2005, which was upheld on 31 August 2005 by the Post-sentencing Division of the Douai Court of Appeal, the applicant was released on licence with effect from 3 October 2005 until 2 October 2015, on which date the monitoring and supervision arrangements would expire. In addition to the standard requirements which the applicant was to observe (place of residence, contact with the judge responsible for execution of sentences and Prison Service social workers, permission for travel), particular obligations were imposed on him: to submit to medical examinations, treatment or care, including in a hospital environment, and to refrain from contacting the victim’s mother, from distributing any publication or audiovisual work produced or co-produced by himself relating, in whole or in part, to the offence committed, and from making any public comment on the offence. The courts held that the applicant now satisfied the conditions laid down in Article 729 of the CCP and based their decision on three considerations. Firstly, he had a coherent plan in terms of both accommodation (long-standing friends who had already assisted a number of people in difficulty) and voluntary work for the Red Cross, such arrangements being stable and long-term. Furthermore, with regard to his attitude towards the victims, the courts pointed out that the applicant had not made the slightest gesture to them and took refuge behind his alleged innocence, but added: “It nevertheless appears that Mr Léger’s conduct does not, after 41 years of imprisonment, represent an obstacle to his release on licence as it might have done in the past.” Lastly, with regard to the prevention of further offences, they noted that the risk of his reoffending was limited (“a zero risk of reoffending is so rare”) and that the recent expert reports were generally in favour of his release on licence. The first-instance court concluded as follows: “There is no evidence to suggest that a more positive development may be expected in Mr Léger’s case, and there is cause to fear that even if his personality may have ‘mellowed’ according to the experts’ findings in 1999, it will not truly change. Accordingly, refusing his application for release on licence would amount to his virtually permanent exclusion from society, which does not seem justified in view of his resettlement plan and the limited nature of the risk of his reoffending.”

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

7. The applicant was born in 1966 and lives in İzmir. 8. On 10 May 2000 the applicant was arrested on suspicion of having aided and abetted an illegal organisation, namely the PKK (the Kurdistan Workers' Party), in March 1995. 9. On 12 May 2000 a Magistrates' Court in criminal matters ordered the applicant's detention on remand. 10. On 23 May 2000 the Principal Public Prosecutor at the Izmir State Security Court filed an indictment charging the applicant with aiding and abetting an illegal terrorist organisation. In particular, the Public Prosecutor accused the applicant of having been involved in illegal activities in March 1995, notably sheltering members of the PKK, acting as their courier and recruiting new members for the organisation. The charges were brought under Article 169 of the now defunct Criminal Code. The Public Prosecutor asked the State Security Court to increase by half the penalty to be imposed on the applicant in application of Article 5 of Law no. 3713 (the Anti-terrorism Act) and Articles 31, 33 and 40 of the former Criminal Code. 11. On 3 August 2000 the applicant was released pending trial. 12. On 2 November 2000 the Izmir State Security Court discontinued the prosecution against the applicant, holding that the five year statutory time-limit laid down in Articles 102 § 4 and 104 § 2 of the Criminal Code had expired. The court noted that the offence in question had allegedly been committed in March 1995, whereas the indictment had been filed on 23 May 2000, i.e. more than five years after the commission of the alleged offence. It further found that the applicant had not been involved in any illegal activity during this time. 13. On 16 March 2001 the applicant filed a complaint under Law no. 466 with the Izmir Assize Court (Ağır Ceza Mahkemesi) against the Treasury, requesting 10,500,000,000 Turkish liras (TRL) by way of compensation for his detention between 10 May and 3 August 2000. 14. On 21 March 2001 the three-judge Izmir Assize Court appointed one of its members (naip hakim) to investigate the case and draft a report. On the same day, the judge-rapporteur decided to ask the Principal Public Prosecutor for his written observations on the applicant's claim. 15. On 21 March 2001 the Principal Public Prosecutor, as required by Law no. 466, submitted his opinion to the Izmir Assize Court. The Public Prosecutor noted that the criminal proceedings against the applicant had been discontinued because they had been time-barred, within the meaning of Articles 102 § 4 and 104 § 2 of the Criminal Code. The Public Prosecutor submitted that the applicant should not be granted compensation for non‑pecuniary damage since Law no. 466 did not provide for the possibility of compensation for cases concerning the discontinuation of criminal proceedings. This opinion was not served on the applicant. 16. The judge-rapporteur submitted his report to the Izmir Assize Court, recommending that the latter should not to accede to the applicant's claim. 17. On 28 March 2001 the Izmir Assize Court dismissed the applicant's claim for compensation, considering that he was not entitled to compensation under Law no. 466. The court held that section 1 of Law no. 466 provided an exhaustive list of situations for an award of compensation and that the applicant's circumstances did not fall within any of these categories. 18. On 1 October 2001 the applicant appealed to the Court of Cassation. He argued that he was not only unlawfully held in detention but was also deprived of the opportunity to be acquitted of the charges as a result of the Izmir State Security Court's decision to discontinue the proceedings. He therefore asked the Court of Cassation to quash the Assize Court's judgment and to award compensation. 19. On 2 October 2001, according to the relevant rules governing the functioning of the Court of Cassation in litigation of this nature, the case‑file of the Izmir Assize Court was referred to the competent division of the Court of Cassation through the intermediary of the office of the public prosecutor at the Court of Cassation. 20. On 8 January 2002 the Principal Public Prosecutor submitted his opinion on the merits of the applicant's appeal. In his written opinion (tebliğname) to the Ninth Criminal Division of the Court of Cassation, the Principal Public Prosecutor stated that, having regard to the first-instance proceedings, the evidence collected, the subject matter of the claim and the discretion of the first-instance court, the appeal was unfounded. He advised that the appeal be rejected and that the first-instance judgment be approved, being in compliance with procedural rules and the law. 21. This opinion was not transmitted to the applicant. 22. On 5 February 2002 the Ninth Criminal Division of the Court of Cassation, having regard, inter alia, to the opinion of the Principal Public Prosecutor, upheld the judgment of 28 March 2001.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

4. The applicant was born in 1938 and lives in Makó. 5. On 8 October 1993 the applicant’s ex-wife brought an action in trespass against him in the Budapest XVIII/XIX District Court, in the context of a dispute concerning the use of the divorced couple’s flat. 6. On 21 December 1993 and 5 April 1994 this court held hearings. 7. On 28 February 1996 the court instructed the plaintiff to submit better particulars of her claims. 8. On 19 March 1997 the case was transferred to the Makó District Court for reasons of competence. On 9 and 23 September 1997 the court held hearings. After a short stay of the proceedings, a further hearing was held on 16 December 1997, which the plaintiff did not attend. After another stay, hearings took place on 5 May and 25 June 1998. On 7 July 1998 the plaintiff submitted additional particulars of her claims. 9. The court held hearings on 29 September, 22 October 1998, 15 July, 16 and 23 September 1999. On that day the court gave judgment, partly finding for the plaintiff. It ordered the applicant to pay compensation to the plaintiff in the amount of 67,592 Hungarian forints (HUF) plus accrued interest. The court held that the subject matter of the case was the settlement of scores concerning the division of the matrimonial property. 10. On appeal, on 26 January 2000 the Csongrád County Regional Court upheld this decision. 11. On 31 May 2000 the Supreme Court rejected as inadmissible the applicant’s petition for review, without examining it on the merits, since the disputed amount fell below the statutory threshold of HUF 500,000, under which no review lay against second-instance decisions.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

5. The applicants were born in 1959, 1965, 1972, 1959 and 1972 respectively and live in Aydın. 6. The applicants were the Nazilli district directors of the Labour Party (Emeğin Partisi) at the time of the events. 7. On 31 July 1997 the Izmir Magistrates’ Court ordered the confiscation of a leaflet entitled “The Kurdish problem is a problem of the people of Turkey”. On 1 September 1997 this leaflet was distributed by the Nazilli District Headquarters of the Labour Party. 8. On 1 October 1997 the public prosecutor at the Izmir State Security Court filed a bill of indictment accusing the applicants of provoking hatred and hostility on the basis of a distinction between race and region. He requested that they be convicted and sentenced under Article 312 §§ 2 and 3 of the Criminal Code. 9. On 17 March 1998 the Izmir State Security Court convicted the applicants as charged. Mr Çamoğlu was sentenced to one year nine months and sixteen days’ imprisonment and to a fine of 1,576,566 Turkish liras (TRL). The other applicants were sentenced to one year and eight months’ imprisonment and to a fine of TRL 1,433,333. The sentences of Ms Çamoğlu and Mr Kazan were suspended as they did not have a criminal record. 10. On 6 April 1999 the Court of Cassation upheld the judgment of the first-instance court.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

4. The applicant was born in 1921 and lives in Budapest. 5. The applicant was named beneficiary in her friend’s will. Following the friend’s death, the applicant claimed her inheritance. 6. On 12 September 1995 the State instituted proceedings against the applicant requesting the Pest Central District Court to declare the will invalid. The State claimed that the applicant’s friend had lacked the capacity to make reasonable decisions when she had signed the will. 7. The District Court held hearings on 17 December 1996, 15 April and 18 September 1997. On 6 October it appointed a medical expert, who submitted his opinion on 12 November 1997. 8. On 13 May 1998 the District Court dismissed the State’s action. 9. On 1 July 1998 the plaintiff appealed. 10. On 6 April and 21 October 1999 the Budapest Regional Court held hearings. On the latter date it quashed the first-instance decision and declared the will invalid. Relying essentially on the opinion of the medical expert, the court held that the testator had had no capacity to perform legal acts when the testament had been signed. 11. On 14 January 2000 the applicant filed a petition for review, which was completed on 17 November 2000. 12. On 30 April 2002 the Supreme Court dismissed the applicant’s petition for review. This decision was served on 13 June 2002.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

4. The applicant was born in 1959 and lives in Budapest. 5. On 14 December 1995 the applicant brought an action for divorce, the division of the matrimonial property, and the regulation of the use of the couple’s flat of common ownership. 6. The Pest Central District Court held hearings on 24 April, 20 October 1996, 16 February and 4 December 1997. On the latter date, the District Court pronounced the couple’s divorce and, at the parties’ request, suspended the proceedings concerning the division of the matrimonial property and the use of the flat. On 11 December 1997 the applicant requested that the examination of the case be continued. 7. Subsequently, the District Court held hearings on 12 June, 16 December 1998, 6 May 1999, and 24 May, 8 December 2000 and 23 January 2001. 8. On 8 February 2001 the District Court divided the parties’ matrimonial property, granting ownership of the flat to the respondent, and ordered him to pay compensation to the applicant. The parties appealed. 9. On 3 July 2001 the Budapest Regional Court remitted the case to the District Court, instructing it to complete its decision, in particular, to decide on the applicant’s claims concerning the use of the flat. 10. In the resumed first-instance proceedings, on 30 October 2001 the District Court dismissed the applicant’s motion for bias. 11. On 22 February 2002 the court completed its original decision. It terminated the applicant’s right to the enjoyment of the flat and dismissed her claims in this respect. 12. On appeal, the Regional Court held hearings on 4 July and 10 October 2002. On that date it partly changed the first-instance decision and gave ownership of the flat to the applicant, terminated the respondent’s right of use, obliging him to leave the flat within 30 days, and ordered the applicant to pay compensation. 13. Since the respondent failed to comply with the decision, enforcement proceedings were instituted against him on 19 December 2002. On 20 March 2003 the District Court corrected its execution order. 14. On 22 April 2003 the Supreme Court rejected the respondent’s petition for review, filed against the decision of 10 October 2002. 15. On 26 April 2003 the District Court appointed a judicial executor. On 16 June 2003 the applicant requested the executor to proceed with the case as soon as possible. On the same date the District Court dismissed the respondent’s request to have the proceedings suspended. On 9 December 2003 the Regional Court dismissed his appeal. 16. On 19 February 2004 the applicant requested the District Court to order that the execution be carried out with the assistance of the police. On 2 March 2004 the court accepted the applicant’s request and issued an order under section 174(d) of the Code of Judicial Enforcement. 17. On 9 April 2004 the respondent was evicted.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

4. The applicant was born in 1945 and lives in Budapest. 5. On 27 January 1986 the applicant instituted proceedings against her ex-husband for the division of their matrimonial property in the Buda Central District Court. 6. The District Court held eleven hearings and appointed four experts, and, on 1 March 1990, it gave judgment. On appeal, the Budapest Regional Court held two hearings and heard another expert. On 1 July 1992 it quashed the first-instance decision and remitted the case. 7. In the resumed proceedings, the District Court held six hearings between 18 May 1993 and 27 October 1995. At the hearing on 30 January 1996, it appointed a valuation expert who presented his opinion on 26 August 1996. The opinion was completed on 3 December 1996. 8. In the period between 25 April 1996 and 20 May 1997, four further hearings took place. On 22 July 1997 another expert opinion was obtained. 9. Between 18 September 1997 and 15 April 1999, the court held ten hearings. On that date it gave judgment, ordering that the common ownership of certain real property be terminated by way of an auction, and granting the applicant the right to buy out another property. 10. On appeal, on 17 March 2000 the Budapest Regional Court changed the first-instance decision, transferring the right to buy out to the respondent. 11. On 2 June 2000 the applicant filed a petition for review which was completed on 6 December 2000. 12. On 15 April 2002 the Supreme Court upheld the second-instance decision.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

14. The facts of the case, as submitted by the parties, may be summarised as follows. 15. On 18 January 1989 Mrs Stec injured her back at work and was unable to continue working. She was awarded Reduced Earnings Allowance (REA – see paragraph 26 below) from 24 January 1990. On 13 March 1993 she reached the age of 60 and as from 31 March 1996 her award of REA was replaced by an award of Retirement Allowance (RA – see paragraph 30 below). 16. The applicant appealed against this decision on the ground of sex discrimination to the Trent Social Security Appeals Tribunal (SSAT), which allowed her appeal on 4 October 1996, and the adjudication officer subsequently appealed to the Social Security Commissioner (“the Commissioner”). 17. The Commissioner joined Mrs Stec’s case to those of the other three present applicants, and also to that of Mrs Hepple. Having heard arguments on 11 and 12 December 1997, the Commissioner decided on 8 May 1998 to refer the following questions to the European Court of Justice (ECJ): “1. Does Article 7 of Council Directive 79/7/EEC permit a member State to impose unequal age conditions linked to the different pension ages for men and women under its statutory old-age pension scheme, on entitlement to a benefit having the characteristics of Reduced Earnings Allowance under a statutory occupational accident and disease scheme, so as to produce different weekly cash payments under that scheme for men and women in otherwise similar circumstances, in particular where the inequality: (a) is not necessary for any financial reason connected with either scheme; and (b) never having been imposed before, is imposed for the first time many years after the inception of the two schemes and also after 23 December 1984, the latest date for the Directive to be given full effect under Article 8? 2. If the answer to Question 1 is Yes, what are the considerations that determine whether unequal age conditions such as those imposed in Great Britain for Reduced Earnings Allowance from 1988 to 1989 onwards are necessary to ensure coherence between schemes or otherwise fall within the permitted exclusion in Article 7? 18. In his order of reference the Commissioner observed: “On the main issue, it is apparent from the information before me (and the adjudication officers so concede) that the imposition after 1986 of unequal age conditions on REA for the first time was not necessary to maintain the financial equilibrium or coherence (in so far as that word is understood in a financial sense) of the UK social security schemes. It is also apparent (and on the information before me I so decide as a fact) that such imposition was not necessary to enable the United Kingdom to retain the different pension ages under its old-age scheme. That difference had coexisted with the Industrial Injuries Scheme ... for nearly 40 years from 1948 without it, and REA could simply have been left as it was, or a non-discriminatory cut-off age adopted, without upsetting the pension system as it had always operated. The real question therefore is the more difficult one of whether a government which considers it a costly anomaly to go on paying a benefit such as REA to people too old to work is permitted to impose a new cut-off at unequal ages, claiming the benefit of the exclusion in Article 7 for the ‘possible consequences for other benefits’ having regard to what was said in the [ECJ’s] judgment in Graham, on the ground that the ages selected are the same as those for the pension, and ... the government take the view as a matter of policy that the income-replacement functions of REA should be performed after pension age by the pension, plus the very much smaller ‘Retirement Allowance’ instead.” 19. The ECJ gave judgment on 23 May 2000 (see paragraph 41 below). On 31 July 2000 the Commissioner, following the ECJ’s ruling, struck out the applicants’ cases where they were the appellants before him and allowed the appeals where the adjudication officers had been the appellants. 20. On 11 November 1973 Mr Lunn suffered a work-related injury to his right hand, as a result of which he had to stop working. From 12 May 1974 he received Special Hardship Allowance, which was converted to REA from 1 October 1986. On 19 May 1988 he reached the age of 65 and from May 1993, when he turned 70, he received a statutory retirement pension. On 26 March 1996 an adjudication officer reviewed the award of REA and decided that, with effect from 31 March 1996, it should be replaced by an award of RA, paid at approximately 25% of the REA rate. 21. The applicant appealed on the ground that a woman in the same circumstances would have been treated as having retired on or before 19 May 1988 and would have been entitled to a frozen rate of REA for life, a more valuable benefit. On 24 September 1996 the Stockport SSAT dismissed his appeal, and Mr Lunn appealed to the Commissioner, who referred the case to the ECJ (see paragraphs 17-19 above). 22. Mrs Spencer suffered a work-related injury to her neck on 17 July 1966. She was awarded Special Hardship Allowance from 15 January 1967 and from 1 October 1986 this was converted to an award of REA. Her sixtieth birthday was on 11 December 1986 and she received a retirement pension from 23 December 1986. It was decided on 10 May 1993, with effect from 11 April 1988, to freeze for life her award of REA at 25.28 pounds sterling (GBP) per week. 23. The applicant appealed to the Bolton SSAT on the ground that, had she been a man, she would have continued to receive unfrozen REA. The SSAT allowed her appeal on 30 November 1994, and the adjudication officer appealed to the Commissioner, who referred the case to the ECJ (see paragraphs 17-19 above). 24. On 12 March 1982 Mr Kimber injured his back at work and was unable to continue working. He was awarded Special Hardship Allowance from 15 September 1982, converted to REA from 1 October 1986. He reached the age of 65 on 30 September 1989 and received a retirement pension from 29 September 1994. On 29 April 1996 an adjudication officer reviewed his award of REA and decided that with effect from 31 March 1996 it should be replaced by an award of RA. 25. The applicant appealed to the Eastbourne SSAT, on the ground that a woman in his circumstances could have chosen to have been treated as retired from 10 April 1989, and so would have been entitled to frozen REA for life, a more valuable benefit than RA. The SSAT allowed his appeal on 2 October 1996 and the adjudication officer appealed to the Commissioner, who referred the case to the ECJ (see paragraphs 17-19 above).

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

7. The applicant, who is a civil servant in the State education service, was born in 1948 and lives in Papeete. 8. In June 1987 the Lycée René-Cassin in Bayonne – of which the applicant had been appointed accountant by a decision of the Director of Education for Bordeaux – and the French Federation of Basque Pelota signed an agreement to set up a centre at the school which would allow young athletes to continue studying during their training: the Basque Pelota National Training Centre (Centre national d’entraînement à la pelote basque – “the CNEA”). The CNEA, which had no separate legal personality, was attached to the school’s budget. The headmaster of the school was the director and authorising officer in respect of expenditure, and the applicant, who was appointed general secretary of the centre, was the accountant. In December 1987 the headmaster instituted a fixed monthly allowance in favour of the director of the CNEA and its general secretary. 9. On an audit of the accounts submitted by the applicant for the years 1989 to 1993, the Aquitaine Regional Audit Office gave interim rulings on 3 May 1996 and 11 March 1997 ordering the applicant to produce certain supplementary evidence. In a judgment of 17 October 1997, the Aquitaine Regional Audit Office declared that the applicant owed the school the following amounts plus interest: 191,893.09 French francs (FRF), FRF 11,407.75 and FRF 17,806.60. Those amounts corresponded to payments made by the applicant in his capacity as public accountant of the school for the years 1989 to 1993. The first sum related to the fixed monthly allowance paid to the headmaster of the school in his capacity as director of the CNEA and to the applicant himself as general secretary; the second sum concerned a cashier’s indemnity paid to the applicant himself out of funds managed by the CNEA’s separate accounting department; and the third concerned the transfer of holiday compensation into the CNEA’s separate accounting department in favour of the director of the centre and the applicant himself. In its judgment, the Regional Audit Office noted that there was no resolution by the board of governors of the Lycée René-Cassin authorising these allowances – whereas that was the only body with power to set up a system of allowances – and, referring to the relevant provisions, pointed out that “the public accountant must satisfy himself that the documents he submits in support of the payments for which he takes charge are issued by the appropriate authority”. 10. The applicant appealed to the Court of Audit, which gave judgment on 20 October 1998 upholding the main parts of the Regional Audit Office’s judgment but partly varying the total amount to be repaid, which it reduced to FRF 191,893.09. 11. In a decision of 22 October 1999, the Conseil d’Etat declared an appeal on points of law lodged by the applicant “inadmissible”. The decision is worded as follows: “Under section 11 of the Law of 31 December 1987 reforming administrative proceedings, ‘an appeal on points of law to the Conseil d’Etat is first subjected to an admissibility procedure. Leave to appeal is refused by judicial decision if the appeal is inadmissible or not based on a genuine ground of appeal’. In applying for the judgment of 20 October 1998 [of] the Court of Audit ... to be set aside, Mr Martinie submitted that the judgment had been given in breach of the provisions of Article 6 § 1 of the Convention ..., since he had neither been summoned to appear nor invited to submit his observations; he had not been aware of the date of the hearing fixed by the Court of Audit; and the reporting judge and counter-reporting judge had taken part in the deliberations of the Court of Audit. In his submission, the Court had misdirected itself in law in considering that only an executory resolution of the school’s board of governors could have constituted justification for the payment; the accountant could not be held liable for the expenditure paid by the [CNEA] prior to 21 February 1992, which was the date of his appointment as accountant of the ‘direct accounting department’ that had borne the irregular expenditure; and, lastly, the Court of Audit had further misdirected itself in law by ordering repayment of the sum in question to the Lycée René-Cassin. None of these grounds justifies granting leave to appeal.” 12. On 7 June 2001, on a non-contentious application, the Minister of Finance granted the applicant partial remission of the surcharge levied by the Court of Audit, in the sum of 21,953.91 euros (EUR), with EUR 762.25 thus remaining payable by him.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

9. In 1990 the applicant founded and became the chairman of the Bulgarian Revolutionary Youth Party („Българска революционна младежка партия“). He ran for parliament in 1990 and in several later elections, unsuccessfully. Apparently he was also a presidential candidate in later elections on that party’s ballot. 10. At a meeting held on 10 November 1996 in Varna the applicant and forty‑nine other persons formed a party named Communist Party of Bulgaria („Комунистическа партия на България“). They adopted its constitution and elected its management organs. The applicant was elected the party’s chairman. The party’s aims, set out in the preamble to its constitution, were as follows: “... The main aim of the Communist Party shall be the revolutionary change of the Bulgarian society – democratisation of the society as a road to true power of the people. The primary goal of the party shall be the practical improvement of the socialist democracy – broadening of the direct participation of the people in the government of the state; economic freedom of the enterprises within the framework of an economy changed and armed with the new philosophy of central planning; active shift towards self‑government of the municipalities and the economic units as a transition towards self‑governing communities within a society of social homogeneity. ... The Communist Party is convinced of the need for the union of the political parties, movements and eminent personalities into one political coalition – ‘Union for National Cooperation ‘Civic Forum’’, as the most proper way out of the societal antagonisms and divisions. ... The Party shall advocate a policy of rapprochement between peoples which are at different socio‑political stages of development; of deepening of the economic, political and cultural ties between them. The Communist Party’s ultimate aim is the ‘constant improvement of society’. The Communist Party is a party of a new type. It shall struggle for political power and shall work dedicatedly for the triumph of the communist ideal – building of a civil society with the economic nature of a society ruled by the principles of scientific socialism and the political nature of a society free of class divisions, political parties and movements: a society in which the vehicle of development shall be the Man – a universally developed and harmonious personality.” 11. Articles 1 – 8 of the party’s constitution dealt with membership in the party and the members’ rights and obligations. Article 8 set out, inter alia, the grounds for expelling members. 12. Articles 9 – 26 of the constitution set out the organisational structure of the party and the powers of its organs. 13. Article 28 of the constitution, which described the party’s symbols, stated, inter alia, that they stood for the “idea of a revolutionary socio‑political order”. 14. On 3 December 1996 the applicant, in his capacity of chairman of the party, applied to the Sofia City Court to have it registered. 15. The court held a hearing on 18 December 1996. It noted that the manner of liquidation of the party had not been provided for in its constitution, that the declarations submitted by the founders were incomplete, and that there were certain other irregularities. Accordingly, it adjourned the case for 26 February 1997 with a view to allowing the party to remedy the deficiencies it had spotted. 16. In order to rectify the deficiencies noted by the court, the applicant and the other founders held another meeting on 26 January 1997 and decided to amend the party’s constitution. On 17 February 1997 they submitted the amendments and updated declarations to the court, which admitted them in evidence. 17. A second hearing took place on 26 February 1997. 18. In a decision of 6 March 1997 the Sofia City Court refused to register the party, holding: “In the course of the proceedings the court found that the applicants have failed to comply with the requirements of sections 7, 8 and 9(2) of the Political Parties Act [of 1990], in order to make the entering of the party in the register possible. [The case-file contains] minutes from the general meeting of the [party] held on 26 January 1997, which are not duly signed. The introduction to the party’s constitution contains aims which are identical to the aims of other, already registered parties. The party’s structure is not fully and clearly set out [in its constitution]; the powers of its different organs are not clearly described, are repeated in the different provisions of the party’s constitution and thus the powers [of the party’s organs] are not clearly spelled out. The party’s constitution does not specify the manner of termination of membership in the party.” 19. On 14 March 1997 the applicant appealed to a three‑member panel of the Supreme Court. 20. The court held a hearing on 4 June 1997. 21. On 9 June 1997 the three‑member panel of the Supreme Court upheld the lower court’s decision. It opined: “The name of the Communist Party of Bulgaria formally does not already exist in the register [of political parties], but it does not set it apart from an already registered party – [the Bulgarian Communist Party], as required by section 8(1) of the [Political Parties Act of 1990], because in fact it contains the same words; their rearranging does not change the purport and the essence of the political party. This name does not individualise it and does not clearly set it apart from another, already registered party. [The party’s] aims, as indicated in part I of its constitution ... are contrary to section 3(2) of the [Political Parties Act of 1990]. The manner of termination of membership in the party is not set out [in its constitution], contrary to section 8(1) of the [Political Parties Act of 1990].” 22. On 1 August 1997 the applicant lodged a petition for review with a five‑member panel of the Supreme Court. 23. A hearing was held on 4 March 1998. 24. In a final decision of 19 March 1998 the five‑member panel of the Supreme Court dismissed the petition in the following terms: “The impugned decisions should not be quashed first and foremost because the name of the party – Communist Party of Bulgaria – does not set it apart from other parties, in violation of section 8(1) of the [Political Parties Act of 1990], as correctly found by the two courts below. The name is an individualising feature of the party and for that reason it should not duplicate [the names of] other parties, organisations and movements, which may ... engage in political activities. The rule of section 8(1) of the [Political Parties Act of 1990] concerning the party’s name sets the bounds of the founders’ autonomy and initiative in choosing the name. [The founders] must see to it that from a grammatical and a logical point of view there is no duplication of the purport and the essence [of the name] with the name of another party. In the case at hand the separate words which constitute the party’s name, on the one hand, and the particular wording used, on the other, although not identical to those used in other existing parties’ names, convey a similar meaning. The name “Communist Party of Bulgaria” uses the ideological term “communist”, which term, viewed in a historical context, resembles a party from the not so distant past – the Bulgarian Communist Party – and also resembles the Bulgarian Communist Party ... even though there is a rearrangement of the words... Regarding the contents of the party’s constitution, as required by section 8(1) of the [Political Parties Act of 1990], the courts [below] have correctly found that the constitution does not indicate the manner of termination of membership in the party. [The constitution sets forth] rules about the admission [of new members], about the members’ rights and the obligations and the [penalties which may be imposed on them], but there are no rules regarding the termination of the membership. Likewise, the powers of the [party’s] organs and its organisational structure are chaotically scattered throughout its constitution. The [courts below] have correctly found that the aims of the party are contrary to section 3(2) of the [Political Parties Act of 1990]. Part I of the constitution indicates that the main aim of the party [is] the ‘revolutionary change of Bulgarian society’ and the support for the idea of a revolutionary socio‑political order – part V of the constitution.” 25. It appears that in Bulgaria at least eight other political parties are registered with the word “communist” in their names, e.g. Bulgarian United Communist Party („Българска единна комунистическа партия“), Bulgarian Communist Party of the Bolsheviks („Българска комунистическа партия на болшевиките“), Renewed Bulgarian Communist Party („Обновена българска комунистическа партия“), Bulgarian Communist Party “Georgi Dimitrov” („Българска комунистическа партия ‘Георги Димитров’“), Bulgarian Communist Party “Fatherland” („Българската комунистическа партия ‘Родина’“). 26. In the beginning of 1997 the Sofia City Court registered a party named Communist Party. On 22 April 2000 it changed its name into Communist Party of Bulgaria, which fact was likewise registered by the Sofia City Court in a decision of 16 November 2000, and published in the State Gazette on 22 November 2000 (ДВ, бр. 106 от 22 декември 2000 г.).

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

5. The applicant was born in 1941 and lives in Gornji Grad. 6. On 6 January 1994 the applicant was injured in an accident at work. The applicant’s employer had taken out insurance with the insurance company ZT. 7. On 27 December 1995 the applicant instituted civil proceedings against ZT in the Celje District Court (Okrožno sodišče v Celju) seeking damages in the amount of 2,920,993 tolars (approximately 12,200 euros) for the injuries sustained. Between 7 May 1996 and 18 April 2000 the applicant lodged seven preliminary written submissions and/or adduced evidence and made five requests that a date be set for a hearing. On 24 June 1999 the applicant partly withdrew his claim. On 25 September 1997 the presiding judge was appointed to the Ljubljana Higher Court (Višje sodišče v Ljubljani) and the case was transferred to a new judge. Of the five hearings held between 10 November 1997 and 23 June 2000 none was adjourned at the request of the applicant. During the proceedings the court appointed a medical expert. The court also sought an additional opinion from the appointed expert. At the last hearing the court decided to deliver a written judgment. The judgment, rejecting the applicant’s claim, was served on the applicant on 20 September 2000. 8. On 5 October 2000 the applicant appealed to the Celje Higher Court (Višje sodišče v Celju). ZT cross-appealed. On 19 September 2001 the court allowed the applicant’s appeal and remitted the case to the first-instance court for re-examination. 9. On 16 November 2001 and 20 March 2003 the applicant lodged preliminary written submissions and/or adduced evidence. On 28 December 2004 he requested that a date be set for a hearing. Of the three hearings held between 28 November 2001 and 21 March 2003 none was adjourned at the request of the applicant. During the proceedings the court appointed a work safety expert. The proceedings are still pending.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

5. The applicant was born in 25 November 1967 and lives in Šoštanj. 6. On 14 September 1993 the applicant was injured in an accident at work. The applicant’s employer had taken out insurance with the insurance company ZT. 7. On 5 January 1995 the applicant instituted civil proceedings against ZT in the Celje District Court (Okrožno sodišče v Celju) seeking damages in the amount of 6,500,000 tolars (approximately 27,000 euros) for the injuries sustained. Between 6 November 1995 and 3 March 1998 the applicant lodged three preliminary written submissions and/or adduced evidence. During this time he also made three requests that a date be set for a hearing. Neither of the hearings held on 24 March and 9 April 1998 was adjourned at the request of the applicant. The judgment, upholding the applicant’s claim in part, was served on the applicant on 18 May 1998. 8. On 29 May 1998 the applicant appealed to the Celje Higher Court (Višje sodišče v Celju). ZT cross-appealed. On 14 January 1999 the court upheld the ZT’s appeal and remitted the case to the first-instance court for re-examination. The judgment was served on the applicant on 29 December 1999. 9. Between 10 January 2001 and 27 February 2001 the applicant lodged seven preliminary written submissions. During this time he also made two requests that a date be set for a hearing. Of the three hearings held between 11 April 2000 and 23 January 2001 none was adjourned at the applicant’s request. During the proceedings the court appointed a work-safety expert. At the last hearing the court decided to deliver a written judgment. The judgment, upholding the applicant’s claim in part, was served on the applicant on 5 March 2001. 10. On 16 March 2001 the applicant appealed to the Celje Higher Court. ZT cross-appealed. On 9 May 2002 the court dismissed the appeals in part and delivered a new decision on costs and expenses of the proceedings. The judgment was served on the applicant on 23 May 2002. 11. On 3 June 2002 the applicant lodged an appeal on points of law with the Supreme Court (Vrhovno sodišče). ZT cross-appealed. On 23 October 2003 the court dismissed the appeals. The judgment was served on the applicant on 24 November 2003.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

5. The applicant was born in 1962 and lives in Prebold. 6. On 19 June 1995 the applicant was injured in an accident at work. The applicant’s employer had taken out insurance with the insurance company ZT. 7. On 4 November 1996 the applicant instituted civil proceedings against ZT in the Celje District Court (Okrožno sodišče v Celju) seeking damages in the amount of 5,447,223 tolars (approximately 22,700 euros) for the injuries sustained. On 6 December 1996 the presiding judge was appointed to the Higher Court (Višje sodišče v Celju) and the case was assigned to a new judge. Between 11 September 1997 and 15 September 1998 the applicant made three requests that a date be set for a hearing. On 8 June 1998 and 4 March 1999 he lodged preliminary written submissions and/or adduced evidence. Of the three hearings held between 8 June 1998 and 12 April 1999 none was adjourned at the request of the applicant. During the proceedings the court appointed a medical expert. At the last hearing the court decided to deliver a written judgment. The judgment, upholding the applicant’s claim in part, was served on the applicant on 7 June 1999. 8. On 21 June 1999 the applicant appealed to the Celje Higher Court (Višje sodišče v Celju). ZT cross-appealed. On 5 April 2000 the court allowed in part the applicant’s appeal and remanded the case back to the first-instance court for re-examination. The judgment was served on the applicant on 12 July 2000. 9. On 19 July 2000 the applicant lodged an appeal on points of law with the Supreme Court (Vrhovno sodišče) and requested that one of the judges be recused. ZT cross-appealed. On 12 January 2001 the request for recusal was rejected. On 14 June 2001 the court allowed in part the ZT’s appeal, rejected the applicant’s appeal and upheld the second-instance court’s decision of remitting the case for re-examination before the first-instance court. The judgment was served on the applicant on 29 August 2001. 10. On 5 November 2001 the presiding first-instance court judge was appointed to the Celje Higher Court and the case was assigned to a new judge for re-examination. Between 24 September 2001 and 18 November 2002 the applicant lodged three preliminary written submissions and adduced evidence. On 25 October 2001 he made a request that a date be set for a hearing. The court held hearings on 27 May and 18 November 2002. During the proceedings the court appointed a medical expert. At the last hearing the court decided to deliver a written judgment. The judgment, upholding in part the applicant’s claim, was served on the applicant on 12 March 2003. 11. On 25 March 2003 the applicant appealed to the Celje Higher Court. On 21 October 2004 the court allowed in part the appeal. The judgment was served on the applicant on 13 January 2005.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

5. The applicant was born in 1936 and lives in Miklavž pri Ormožu. 6. On 30 December 1997 the applicant was injured in a traffic accident. The perpetrator of the accident had taken out insurance with the insurance company ZM. 7. On 2 April 1999 the applicant instituted civil proceedings against ZM in the Celje District Court (Okrožno sodišče v Celju) seeking damages in the amount of 2,127,050 Slovenian tolars (approximately 8,900 euros) for the injuries sustained. Between 1 July 1999 and 3 October 2002 the applicant lodged three preliminary written submissions and/or adduced evidence. Between 12 January 2001 and 25 March 2002 he made three requests that a date be set for a hearing. Of the two hearings held on 12 April 2002 and 4 October 2002, neither was adjourned at the request of the applicant. During the proceedings, the court appointed a medical expert. At the last hearing, the court decided to deliver a written judgment. The judgment, upholding the applicant’s claim in part, was served on the applicant on 23 December 2002. 8. On 30 December 2002 the applicant appealed to the Celje Higher Court (Višje sodišče v Celju). On 22 January 2004 the court allowed the applicant’s appeal in part. The judgment was served on the applicant on 1 March 2004. 9. On 26 March 2004 the applicant lodged an appeal on points of law with the Supreme Court (Vrhovno sodišče). The proceedings are still pending.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

8. The applicant was born in 1970 and lives in Taganrog. 9. The applicant was a party to a civil dispute involving several other persons. 10. On 16 October 2000 the Taganrog Town Court of the Rostov Region, composed of Ms C. (presiding judge), Ms S. and Ms L. (lay judges), dismissed the applicant’s claims and ordered her to bear costs and expenses. 11. On 23 and 24 October 2000 the applicant and her lawyer filed their notices of appeal. The applicant challenged, inter alia, the composition of the bench. She alleged a breach of the rules on the appointment of lay judges in that the lay judges had not been drawn by lot, contrary to the requirements of the Lay Judges Act. In addition, it was claimed that, while the Lay Judges Act allowed lay judges to be called once a year for a maximum period of fourteen days, or for as long as a specific case lasted, the lay judges S. and L. had been engaged earlier in the course of 2000 in at least one another case. Also, according to an undated letter of the President of the Taganrog Town Court, the lay judges S. and L. had been assigned to sit with the presiding judge I. rather than with the judge C. 12. On 24 January 2001 the Rostov Regional Court dismissed the appeals. The court rebutted the argument concerning the allegedly unlawful composition of the bench, relying on the President’s Decree of 25 January 2000 whereby the term of office of acting lay judges had been extended pending appointment of new ones in accordance with the Lay Judges Act. The list of lay judges had only been approved by the Rostov Regional Legislature on 15 June 2000 and made available to the courts on 18 October 2000, that is after the decisions in the applicant’s case had been made. This fact led the Regional Court to the conclusion that the lay judges who had sat in these cases were exempted from the requirements of the Lay Judges Act. 13. Following the Court’s decision as to the admissibility of the application, on 17 April 2004 the applicant submitted her claim for just satisfaction. She claimed, in particular, the legal fees paid to her representative before the Court, Mr Kiryanov, and expenses relating to translation of documents carried out by Ms Volkova. 14. On 9 July 2004 an officer of the Taganrog police department who investigated tax offences formally requested the applicant’s representative and translator to submit evidence that they had paid taxes on the amounts disbursed by the applicant. 15. On 11 July 2004 the applicant informed the Court about the above request. She alleged that it amounted to a hindrance with her right of individual application guaranteed under Article 34 of the Convention. The applicant submitted copies of the summonses for Mr Kiryanov and Ms Volkova and a description of Ms Volkova’s interview at the police station. The police officer questioned Ms Volkova as to who had asked her to perform translations for the applicant, how the applicant had paid for translations, whether they had signed a contract on provision of services and why she had not paid taxes on these amounts. 16. The Court asked the respondent Government to comment on compatibility of the above measures with Article 34 of the Convention. 17. On 29 July 2004 the Government submitted their comments on the applicant’s claim for just satisfaction. They indicated, in particular, that the claimed translation costs had not been “real” because Ms Volkova had not reported the amounts received on her tax declaration. 18. In response to the Court’s request for comments, on 9 August 2004 the Government claimed that the applicant’s allegation of hindrance under Article 34 of the Convention should be registered as a new application and a separate decision as to its admissibility should be taken. They denied that the authorities had forced the applicant, directly or indirectly, to withdraw or modify her application to the Court. The actions of the competent bodies had been lawful and purported to secure payment of taxes and to ensure “the economic well-being of the country”. In the Government’s submission, the inquiry was successful as it had revealed a breach of tax laws by Ms Volkova who had translated correspondence for the applicant but failed to pay taxes on the amounts received. The Government treated the applicant’s letter of 11 July 2004 as “provocation” and maintained that no immunity should be granted to the applicant and her representatives solely by virtue of the fact that she had lodged an application with the Court.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

5. The applicant was born in 1966 and lives in Topolščica. 6. On 18 September 1992 the applicant was injured in an accident at work. The applicant’s employer had taken out insurance with the insurance company ZT. 7. On 16 November 1995 the applicant instituted civil proceedings against ZT in the Celje District Court (Okrožno sodišče v Celju) seeking damages in the amount of 4,000,000 tolars (approximately 16,700 euros) for the injuries sustained. On 13 February 1997 the judge presiding the case was appointed to the Celje Higher Court (Višje sodišče v Celju) and the case was assigned to a new judge. Between 29 January 1997 and 23 April 1997 the applicant filed four preliminary written submissions and/or adduced evidence. Of the five hearings held between 4 February 1997 and 4 September 1997 none was adjourned at the request of the applicant. At the last hearing the court decided to deliver a written judgment. The judgment, rejecting the applicant’s claim, was served on the applicant on 22 January 1998. 8. On 30 January 1998 the applicant appealed to the Celje Higher Court. On 10 June 1998 the court allowed the applicant’s appeal and remitted the case to the first-instance court for re-examination. The decision was served on the applicant on 8 July 1998. 9. Between 23 July 1998 and 16 January 2002 the applicant filed seven preliminary written submissions and/or adduced evidence. Between 23 July 1998 and 24 January 2002 he made six requests that a date be set for a hearing. Of the nine hearings held between 4 May 1999 and 19 February 2002 none was adjourned at the request of the applicant. During the proceedings the court appointed two medical experts. At the last hearing the court decided to deliver a written judgment. The judgment, rejecting the applicant’s claim, was served on the applicant on 29 April 2002. 10. On 30 April 2002 the applicant appealed to the Celje Higher Court. On 23 October 2003 the court allowed the applicant’s appeal and remitted the case to the first-instance court for re-examination. The decision was served on the applicant on 19 November 2003. 11. Between 26 November 2003 and 10 December 2004 the applicant filed three preliminary written submissions and/or adduced evidence. On 30 May 2005 he requested that a date be set for a hearing. The court sought additional opinion from the appointed experts. The proceedings are still pending.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

5. The applicant was born in 1975 and lives in Trbovlje. 6. On 22 August 1997 the applicant was injured in a car accident. The perpetrator of the accident had taken out insurance with the insurance company ZT. 7. On 5 January 1999 the applicant instituted proceedings against ZT in the Ljubljana District Court (Okrožno sodišče v Ljubljani) seeking damages in the amount of 3,938,470 Slovenian tolars (approximately 16,410 euros) for the injuries sustained. Between 11 November 1999 and 19 February 2002 the applicant lodged three preliminary written submissions and/or adduced evidence. On 18 February 2000 and 2 April 2001 he made requests that a date be set for a hearing. Of the two hearings held on 18 June 2001 and 6 May 2002, none was adjourned at the request of the applicant. During the proceedings, the court appointed a medical expert. At the last hearing the court decided to deliver a written judgment. The judgment, upholding the applicant’s claim in part, was served on the applicant on 1 July 2002. 8. On 12 July 2002 the applicant appealed to the Ljubljana Higher Court (Višje sodišče v Ljubljani). On 16 April 2003, the court upheld his appeal as far as the statutory default interests were concerned and rejected the remainder. The judgment was served on the applicant on 6 May 2003. 9. On 20 May 2003 the applicant lodged an appeal on points of law with the Supreme Court (Vrhovno sodišče). He also requested a withdrawal of a Supreme Court’s judge. On 14 July 2004 the court dismissed the applicant’s appeal. The judgment was served on the applicant on 30 August 2004.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

7. The applicant was born in 1974 and lives in Baku. 8. On 6 March 2001 the applicant and her neighbour got involved in a quarrel which escalated into a serious fight during which the applicant allegedly produced a knife and threatened to kill the neighbour. After this incident, criminal proceedings were instituted against the applicant based on a criminal complaint filed by her neighbour. 9. On 24 April 2002, at about 11:00 a.m., several police officers came to the applicant’s apartment and “invited” her to follow them to a police station for interrogation concerning the criminal complaint filed against her by the neighbour. The applicant resisted and the police officers took her to the police station by force. At the station, they issued a “protocol on administrative offence” (inzibati xəta barədə protokol), accusing the applicant of the contempt of their lawful order to follow them to the police office for interrogation. 10. On the same day, the applicant was brought before a judge of the Sabail District Court, who sentenced the applicant to an immediate ten-day “administrative detention” for contempt of the police under Article 310.1 of the Code on Administrative Offences (İnzibati Xətalar Məcəlləsi). She was found guilty of resisting the “lawful order” of the police and making insulting and disrespectful statements about the Azerbaijani law and law‑enforcement authorities. 11. While the applicant was serving her ten-day sentence, her lawyer filed an appeal against the Sabail District Court’s decision of 24 April 2002. He argued that there was no lawful ground for convicting the applicant for contempt of the police, because the police officers had entered the applicant’s apartment without any arrest warrant or summons to attend the police office, and arrested her without any lawful reason. On 2 May 2002, the Court of Appeal upheld the Sabail District Court’s decision, without specifically replying to these arguments. In accordance with the domestic law on administrative procedure, no appeal could be lodged against the Court of Appeal’s decision concerning an administrative offence. 12. After the applicant had been released upon the expiry of the ten-day term of the “administrative detention”, she was charged with a criminal offence for beating her neighbour and threatening her with a knife. On 17 July 2002 the Nasimi District Court found the applicant guilty of “hooliganism with the use of weapons” under Article 221.3 of the Criminal Code and sentenced her to three-years’ imprisonment. On 10 May 2004, by virtue of a presidential pardon decree, she was released from serving the remainder of her sentence.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

5. The applicant was born in 1959 and lives in Teharje. 6. On 30 November 1996 the applicant was injured in a car accident. The perpetrator of the accident had taken out insurance with the insurance company ZT. 7. On 27 July 1998 the applicant instituted civil proceedings against ZT in the Celje District Court (Okrožno sodišče v Celju) seeking damages in the amount of 2,278,616 tolars (approximately 9,500 euros) for the injuries sustained. Between 3 September 1999 and 13 March 2000 the applicant made four requests that a date be set for a hearing. On 18 June 2001 he lodged preliminary written submissions and adduced evidence. Of the three hearings held between 19 June 2001 and 11 September 2001 none was adjourned at the request of the applicant. At the last hearing the court decided to deliver a written judgment. The judgment, upholding the applicant’s claim in part, was served on the applicant on 12 November 2001. On 15 November 2001 the court corrected the calculation mistakes in the judgment. The corrected judgment was served on the applicant on 17 December 2001. 8. On 26 November 2001 the applicant appealed to the Celje Higher Court (Višje sodišče v Celju). On 13 February 2003 the court allowed the applicant’s appeal in part and increased the damages awarded. The judgment was served on the applicant on 5 June 2003. 9. On 26 June 2003 the applicant lodged an appeal on points of law with the Supreme Court (Vrhovno sodišče). On 9 September 2003 the court dismissed the applicant’s appeal. The judgment was served on the applicant on 25 November 2004.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

5. The applicant was born in 1954 and lives in Laško. 6. On 21 July 1993 the applicant was injured in an accident at work. The applicant’s employer had taken out insurance with the insurance company ZT. 7. On 15 December 1995 the applicant instituted civil proceedings against ZT in the Celje District Court (Okrožno sodišče v Celju) seeking damages in the amount of 9,422,552.80 tolars (approximately 39,300 euros) and a life annuity of 215,148 SIT (approximately 900 euros) for the sustained injuries. On 29 March and 6 November 1996 the applicant requested that a date be set for a hearing. On 25 September 1997 the judge presiding the case was appointed to the Celje Higher Court (Višje sodišče v Celju). On 30 June and 14 September 1998 the applicant lodged preliminary written submissions and/or adduced evidence. On 15 March 1999 he requested that a date be set for a hearing. Of the three hearings held between 19 November 1997 and 22 March 2000 none was adjourned at the request of the applicant. During the proceedings the court appointed a financial expert. The court also sought an additional opinion from the appointed expert. At the last hearing the court decided to deliver a written judgment. The judgment, upholding the applicant’s claim in part, was served on the applicant on 5 June 2000. 8. On 19 June 2000 the applicant appealed to the Celje Higher Court. ZT cross-appealed. On 25 January 2001 the court allowed the applicant’s appeal in the part referring to costs and expenses of the proceedings. The judgment was served on the applicant on 28 February 2001. 9. On 29 March 2001 the applicant lodged an appeal on points of law with the Supreme Court (Vrhovno sodišče). On 7 March 2002 the court dismissed the applicant’s appeal. The judgment was served on the applicant on 22 April 2002.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

4. The applicants live in the Voronezh Region. 5. They are in receipt of welfare payments for their children. In 1999 – 2001 the applicants brought separate sets of civil proceedings against a local welfare authority, claiming arrears in those payments. 6. On the dates set out in appendix 1 the domestic courts granted the applicants’ claims and ordered the welfare authority to pay them the respective amounts. The enforcement proceedings were commenced accordingly. 7. On 26 July 2001 the bailiffs discontinued the enforcement proceedings in respect of the judgments in the applicants’ favour and returned them the writs of execution referring to the lack of the debtor’s funds. 8. Thereafter the applicants unsuccessfully applied to various public bodies seeking to have the judgments in their favour enforced. 9. In January and February 2004 the applicants were paid the amounts due pursuant to the writs of execution.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

5. The applicant was born in 1954 and lives in Rečica ob Savinji. 6. On 6 March 1998 the applicant was injured in a car accident. The perpetrator of the accident had taken out insurance with the insurance company ZT. 7. On 2 November 1998 the applicant instituted civil proceedings against ZT in the Celje District Court (Okrožno sodišče v Celju) seeking damages in the amount of 3,107,000 tolars (approximately 13,000 euros) for the injuries sustained. Between 3 September 1999 and 11 June 2003 the applicant made eight requests that a date be set for a hearing. Between 13 June 2000 and 11 June 2003 he lodged ten preliminary written submissions and/or adduced evidence. Of the three hearings held between 27 July 2000 and 11 September 2003 none was adjourned at the request of the applicant. During the proceedings the court appointed two medical experts. The court also sought an additional opinion from one of the appointed experts. At the last hearing the court decided to deliver a written judgment. The judgment, upholding the applicant’s claim in part, was served on the applicant on 2 October 2003. 8. On 3 October 2003 the applicant appealed to the Celje Higher Court (Višje sodišče v Celju). ZT cross-appealed. On 30 March 2005 the court allowed in part the applicant’s appeal and increased the awarded damages. The judgment was served on the applicant on 5 May 2005. 9. On 9 May 2005 the applicant lodged an appeal on points of law with the Supreme Court (Vrhovno sodišče). The proceedings are still pending.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

5. The applicant was born in 1940 and lives in Celje. 6. On 1 January 1998 the applicant was injured in a car accident. The perpetrator of the accident had taken out insurance with the insurance company ZT. 7. On 1 April 1999 the applicant instituted civil proceedings against ZT in the Celje District Court (Okrožno sodišče v Celju) seeking damages in the amount of 2,069,320 tolars (approximately 8,600 euros) for the injuries sustained. Between 1 June 1999 and 2 December 2003 the applicant lodged seven preliminary written submissions and/or adduced evidence. On 10 April 1999 he also requested that a date be set for a hearing. On 5 November 2001 the presiding judge was appointed to the Celje Higher Court and the case was assigned to a new judge. Of the five hearings held between 6 June 2001 and 15 December 2003 none was adjourned at the request of the applicant. During the proceedings the court appointed two medical experts. At the last hearing the court decided to deliver a written judgment. The judgment, upholding the applicant’s claim in part, was served on the applicant on 3 May 2004. 8. On 5 May 2004 the applicant appealed to the Celje Higher Court (Višje sodišče v Celju). ZT cross-appealed. On 13 July 2005 the court allowed the applicant’s appeal in part and dismissed the ZT’s appeal. The judgment was served on the applicant on 7 September 2005. 9. On 3 October 2005 the applicant lodged an appeal on points of law with the Supreme Court (Vrhovno sodišče). The proceedings are still pending.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

5. The applicant was born in 1954 and lives in Velenje. 6. On 5 December 1995 the applicant was injured in an accident at work in a mine. The applicant’s employer had taken out insurance with the insurance company ZT. 7. On 3 July 1997 the applicant instituted civil proceedings against ZT in the Celje District Court (Okrožno sodišče v Celju) seeking damages in the amount of 9,177,050 tolars (approximately 38,000 euros) for the injuries sustained. Between 31 July 1997 and 6 September 2000 the applicant lodged six preliminary written submissions and/or adduced evidence. On 31 August 1998 and 3 November 1998 he requested that a date be set for a hearing. Of the three hearings held between 26 March 1999 and 25 September 2000 none was adjourned at the request of the applicant. During the proceedings the court appointed two medical experts. At the last hearing the court decided to deliver a written judgment. The judgment, upholding the applicant’s claim in part, was served on the applicant on 29 November 2000. 8. On 11 December 2000 the applicant appealed to the Celje Higher Court (Višje sodišče v Celju). On 13 December 2000 he amended the appeal. ZT cross-appealed. On 14 March 2002 the court allowed both appeals in part, annulled a part of the first-instance court judgment and remitted the case to the first instance court for re-examination. 9. On 27 June 2002 the applicant lodged an appeal on points of law with the Supreme Court (Vrhovno sodišče). ZT cross-appealed. On 25 March 2004 the court dismissed both appeals. The judgment was served on the applicant on 12 May 2004. 10. On 31 January 2005 the first-instance court held a hearing and decided to deliver a written judgment. The judgment, upholding the applicant’s claim in part, was served on the applicant on 3 February 2005. 11. On 4 February 2005 the applicant appealed to the Celje Higher Court against the part of the judgment concerning costs and expenses of the proceedings. On 15 February 2006 the court dismissed the appeal. The decision was served on the applicant on 6 March 2006.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

5. The applicant was born in 1975 and lives in Velenje. 6. On 24 August 1996 the applicant was injured in an accident at work. The applicant’s employer had taken out insurance with the insurance company ZT. 7. On 3 April 1997 the applicant instituted civil proceedings against ZT in the Celje Local Court (Okrajno sodišče v Celju) seeking damages in the amount of 1,200,0000 tolars (approximately 5,000 euros) for the injuries sustained. Between 10 September 1997 and 14 January 1999 the applicant made three requests that a date be set for a hearing. On 24 June 1998 and 4 March 1999 the applicant lodged preliminary written submissions and/or adduced evidence. Neither of the two hearings held on 10 June 1998 and 24 March 1999 was adjourned at the request of the applicant. During the proceedings the court appointed a medical expert. At the last hearing the court decided to deliver a written judgment. The judgment, upholding the applicant’s claim in part, was served on the applicant on 8 April 1999. 8. On 23 April 1999 ZT appealed to the Celje Higher Court (Višje sodišče v Celju). On 28 October 1999 the court allowed the appeal, annulled the first-instance court-s judgment and remitted the case to the first-instance court for re-examination. The decision was served on the applicant on 6 December 1999. 9. Between 17 January 2000 and 10 May 2002 the applicant lodged five preliminary written submissions and/or adduced evidence. Between 1 February 2000 and 13 February 2003 she made six requests that a date be set for a hearing. Of the four hearings held between 3 January 2001 and 17 March 2003 none was adjourned at the request of the applicant. At the last hearing the court decided to deliver a written judgment. The judgment, upholding in part the applicant’s claim, was served on the applicant on 20 June 2003. 10. On 2 July 2003 the applicant appealed to the Celje Higher Court. On 18 November 2004 the court allowed the applicant’s appeal in part and increased the amount of the damages awarded. The judgment was served on the applicant on 13 January 2005.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

4. The applicant was born in 1937 and lives in Volgodonsk, Rostov region. 5. The applicant receives an old-age pension. The Law on Calculating and Upgrading State Pensions of 21 July 1997 (the “Pensions Law”) introduced, since 1 February 1998, a new method of calculating pensions. This method, “Individual Pensioner Coefficient” (“IPC”), was meant to link a person’s pension to his previous earnings. 6. On 22 April 1999 the applicant brought proceedings against the Volgodonsk labour and social development authority (Департамент труда и социального развития) before the Volgodonsk Town Court. He argued that his IPC should be fixed at 0.7, which would result in an increase in his pension. 7. The Town Court found for the applicant and ordered the defendant authority to re-calculate the applicant’s pension from 1 February 1998 based on the IPC equal to 0.7 and pay the arrears of 3,186.36 roubles. According to the applicant and the documents submitted by him, the judgment was dated 25 October 1999 and came into force on 8 December 1999. According to the Government, the judgment was dated 25 November 1999 and came into force on 5 December 1999. 8. On 14 January 2000 the Town Court issued a writ of execution. On 26 January 2000 the Volgodonsk bailiff’s service instituted enforcement proceedings. As the payments in enforcement of the judgment had not been made the applicant complained to various authorities. In letters of 10 June and 3 October 2000 the enforcement proceedings supervision department of the Rostov region division of the Ministry of Justice informed him that the judgment debt would be paid to him upon receipt of funds from the State budget. 9. According to the Government, the Volgodonsk labour and social development authority lodged an application with the Town Court for re‑consideration of the judgment given in the applicant’s case due to discovery of new circumstances. The authority argued that such a circumstance was an instruction of the Ministry of Labour and Social Development of 29 December 1999, which interpreted the Pensions Law in a way different from that in the judgment. On 29 September 2000 the Town Court granted the authority’s application and quashed the judgment due to discovery of new circumstances, notably the above ministerial instruction. 10. According to the applicant, he was never informed of the court decision of 29 September 2000. 11. On 5 January 2001 the Volgodonsk bailiff’s service terminated the enforcement proceedings. It stated in its decision as follows: “The proceedings [instituted on the basis of the writ of execution in favour of A. K. Sukhobokov] should be considered as terminated in connection with remitting the writ of execution, without enforcement, at the request of the court. On the basis of the foregoing, being governed by Section 27 (2) of the Federal Law on Enforcement Proceedings, decided that: 12. According to the applicant, he received a copy of that decision on 24 March 2001. 13. According to the applicant, the amount of his monthly pension was 1,523 roubles as of 1 May 2001.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

5. The applicant was born in 1952 and lives in Velenje. 6. On 29 November 1994 the applicant was injured in an accident at work. The applicant’s employer had taken out insurance with the insurance company ZT. 7. On 4 November 1996 the applicant instituted civil proceedings against ZT in the Celje District Court (Okrožno sodišče v Celju) seeking damages in the amount of 4,935,306 tolars (approximately 20,500 euros) for the injuries sustained. On 13 February 1997 the judge presiding the case was appointed to the Celje Higher Court (Višje sodišče v Celju) and the case was assigned to a new judge. On 30 January 1997 and 2 April 1998 the applicant made requests that a date be set for a hearing. Between 30 January 1997 and 3 February 1999 the applicant lodged four preliminary written submissions and/or adduced evidence. Neither of the hearings held on 14 May 1998 and 10 November 1998 was adjourned at the request of the applicant. During the proceedings the court appointed a medical expert. The court issued a written judgment on 19 February 1999. The judgment, upholding the applicant’s claim in part, was served on the applicant on 13 April 1999. 8. On 19 April 1999 the applicant appealed to the Celje Higher Court. ZT cross-appealed. On 18 November 1999 the court allowed both appeals in part and remanded the case back to the first-instance court for re-examination. The decision was served on the applicant on 28 December 1999. 9. Between 8 March 2000 and 3 December 2002 the applicant lodged six preliminary written submissions and/or adduced evidence. Of the four hearings held between 13 April 2000 and 23 October 2003 none was adjourned at the request of the applicant. During the proceedings the court appointed two medical experts. On 3 December 2002 the court issued a written judgment. The judgment, upholding the applicant’s claim in part, was served on the applicant on 13 January 2004. 10. On 28 January 2004 the applicant appealed to the Celje Higher Court. ZT cross-appealed. On 6 April 2005 the court upheld the applicant’s appeal in part and dismissed ZT’s appeal. The judgment was served on the applicant on 16 May 2005. 11. On 13 June 2005 the applicant lodged and appeal on points of law with the Supreme Court. The proceedings are still pending.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

8. On 29 January 1998 the applicant did not appear at work at the Electricity Company of Macedonia, a public utility company, despite the instruction of his superior according to which no employee was allowed to take any days off for a week due to the heavy workload. The applicant justified his absence with the fact that he had celebrated a Muslim religious holiday which was a public holiday for the citizens of Muslim faith under the Constitution and the respective law. 9. On 3 February 1998 the disciplinary committee of the company found that the applicant had breached the disciplinary rules and been absent from work without authorisation. The committee decided not to dismiss the applicant but fined him with a 15% cut in his salary for three months. 10. On 12 February 1998 the applicant complained to the second instance committee, arguing that there had been a decision of the Ministry of Labour and Social Politics to the effect that 29 January 1998 had been a public holiday for citizens of Muslim faith. As a member of this religious community, he had informed his superior about his absence the day before. 11. On 27 February 1998 the second instance committee upheld the decision of 3 February 1998, on the ground that the applicant had breached the instruction of 26 January 1998 by which no employee was allowed to take days off because of the heavy workload. 12. On 1 April 1998 the applicant appealed to the Bitola Municipal Court, claiming that his rights set out in Articles 9 and 19 of the Constitution had been breached. In particular, he had been fined only because he had celebrated the Muslim religious holiday and had not come to work on that day, in accordance with the decision of the Ministry of Labour and Social Politics according to which 29 January 1998 was a public holiday for the citizens of Muslim faith. 13. At the hearing before the Bitola Municipal Court the applicant stated that he expressed his religious beliefs individually without going to mosques. 14. On 24 March 1999 the Bitola Municipal Court dismissed the applicant’s appeal on the ground that he did not adduce any evidence to prove that he was really of Muslim faith. 15. On 14 June 1999 the Bitola Appellate Court dismissed the applicant’s further appeal. It stated that it was true that religious beliefs were an inner matter for the individual person. However, in the instant case it was to be established whether the applicant’s absence from work was justified. Therefore, it was important to establish the applicant’s religious confession. The lower court was correct in dismissing the applicant’s complaint as the applicant had not proven that he had been a Muslim since he had also celebrated the Christian religious holidays. 16. On 14 April 1998 the applicant was again fined for not having appeared at work on 7 April 1998 at the time of the celebration of another Muslim religious holiday, Bayram. The fine corresponded to 15% of his monthly salary over a six month period. 17. On 8 May 1998 the applicant’s complaint was dismissed by the second instance committee. 18. The applicant complained to the Bitola Municipal Court that the Electricity Company had deprived him of his right to an additional paid public holiday for Muslim citizens although he had stated before the second instance committee that he was Muslim. However, he had not considered it necessary to change his name and surname accordingly and wished to worship on his own. 19. On 27 May 1999 the Bitola Municipal Court dismissed the applicant’s appeal. The court stated that under the relevant law persons of Muslim faith enjoyed the right to paid religious holidays. However, the applicant had not given any evidence to corroborate his statement that he was a Muslim. He had never been absent from work at the time of the Muslim religious holidays before 29 January 1998. On the contrary, he had celebrated the Christian religious holidays, his parents were Christians and his way of life and diet showed that he was of Christian faith. From his employment contract and insurance it transpired that he had been registered as Macedonian without any mention of being a Muslim. The court held that the applicant was a self-proclaimed Muslim in order to justify his unjustified absence from work. 20. On 27 September 1999 the Bitola Appellate Court dismissed the applicant’s appeal on the ground that while it was true that the religious beliefs were an inner matter, he had breached the disciplinary rules and had not come to work. He therefore had to justify his absence and it had been necessary to establish through evidence whether the applicant was truly of Muslim faith. There was however no evidence to this effect, as the applicant, an ethnic Macedonian, had been absent from work during the Christian religious holidays and had celebrated them. Therefore, his absence from work was unjustified. 21. On 18 November 1999 the applicant complained to the Constitutional Court that through disciplinary sanctions and judicial decisions he had been discriminated against because of his religious beliefs. In particular, for unknown reasons the courts had not considered his statement that he was of Muslim faith to be credible and had asked him for further proof. He claimed that he should not be required to produce evidence of his religious beliefs. 22. On 12 July 2000 the Constitutional Court refused to examine the applicant’s allegations in respect of the decisions of 3 February, 27 February, 14 April and 8 May 1998 of the public utility company, the decisions of 24 March and 27 May 1999 of the Bitola Municipal Court and the decision of 14 June 1999 of the Bitola Appellate Court for being lodged out of the two-month time limit provided for in the Rules of the Constitutional Court. 23. The Constitutional Court however examined the applicant’s complaint in regard of the Bitola Appellate Court’s decision of 27 September 1999. It noted that the applicant requested the exercise of rights relating to freedom of religion but that he did not produce any evidence concerning his beliefs and refused to do so. As concerned the initial question as to whether when exercising a right to a paid public holiday based on religion it was enough for a citizen subjectively to assert his faith, it held: “Taking into consideration that the rule of law is fundamental to the constitutional order of the Republic of Macedonia under Article 8, paragraph 1(3) of the Constitution, under which it should be implied that objective legal norms take precedence over subjective will when requesting the exercise of legal rights, and given the viewpoint of the representatives of the Christian and Islamic religions ... (the dean at the Theological Faculty in Skopje and the head of the Islamic community in Macedonia) that there are objective criteria to determine whether a citizen holds Christian and Islamic religious beliefs ... the court held that it was necessary to establish objective facts related to the exercise of a right and to obtain evidence of them in a situation where a right is requested. In line with this, with a view to establishing objective facts to assess whether there was discrimination on religious grounds in this case, the court held a public hearing (on 27 April 2000) and three consultative discussions (on 16 and 25 May and 8 June 2000) and on the basis of their contents, in particular, on the basis of the applicant’s statements, it was established that the contents of his religious belief (even their form) objectively did not correspond to those of the Muslim faith (and its form) on several grounds (for example: a lack of knowledge of the basic most important tenets of the religion through which its essence is expressed ... or of the way in which one ‘joins’ the Muslim faith, etc.)” 24. The court concluded that the applicant had not been discriminated against on the basis of his religious beliefs by the requirement to establish the objective facts and dismissed the complaint.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

5. The applicant was born in 1952 and lives in Velenje. 6. On 6 January 1994 the applicant was injured in an accident at work. The applicant’s employer had taken out insurance with the insurance company ZT. 7. On 27 December 1995 the applicant instituted civil proceedings against ZT in the Celje District Court (Okrožno sodišče v Celju) seeking damages in the amount of 4,400,000 tolars (approximately 18,300 euros) for the injuries sustained. Between 15 January 1996 and 3 December 1997 the applicant lodged five preliminary written submissions and/or adduced evidence. Between 24 March 1997 and 9 April 1998 he made three requests that a date be set for a hearing. On 25 September 1997 the presiding judge was appointed to the Celje Higher Court (Višje sodišče v Celju) and the case was transferred to a new judge. Of the six hearings held between 19 November 1997 and 10 June 1998 none was adjourned at the request of the applicant. Four hearings were adjourned because a witness failed to appear before the court. At the last hearing the court decided to deliver a written judgment. The judgment, upholding the applicant’s claim in part, was served on the applicant on 14 July 1998. 8. On 22 July 1998 the applicant appealed to the Celje Higher Court (Višje sodišče v Celju). ZT cross-appealed. On 14 April 1999 the court allowed the appeals, quashed the first-instance court judgment and remitted the case to the first-instance court for re-examination. The judgment was served on the applicant on 10 June 1999. 9. During the re-examination proceedings before the first-instance court the applicant made preparatory written submissions and/or adduced evidence on 26 August 1999 and 9 September 1999. On 22 September 1999 a hearing was held and the court decided to deliver a written judgment. On 2 December 1999 the judgment was served on the parties. 10. On 13 December 1999 the applicant appealed to the Celje Higher Court. ZT cross-appealed. On 18 October 2000 the Celje Higher Court dismissed the applicant’s appeal. The judgment was served on the applicant on 12 December 2000. 11. On 27 December 2000 the applicant lodged an appeal on points of law with the Supreme Court (Vrhovno sodišče). On 17 January 2002 the court allowed the applicant’s appeal in part. The judgment was served on the applicant on 26 March 2002.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

5. The applicant was born in 1975 and lives in Zidani Most. 6. On 28 July 1995 the applicant was injured in a car accident. The perpetrator of the accident had taken out insurance with the insurance company ZT. 7. On 3 December 1997 the applicant instituted civil proceedings against ZT in the Celje District Court (Okrožno sodišče v Celju) seeking damages in the amount of 2,900,000 tolars (approximately 12,000 euros) for the injuries sustained. Between 9 December 1999 and 17 April 2002 the applicant lodged four preliminary written submissions and/or adduced evidence. Of the four hearings held between 23 November 1999 and 21 May 2002 none was adjourned at the request of the applicant. During the proceedings the court appointed a medical expert and a road traffic expert. At the last hearing the court decided to deliver a written judgment. The judgment, upholding the applicant’s claim in part, was served on the applicant on 17 June 2002. 8. On 2 July 2002 the applicant appealed to the Celje Higher Court (Višje sodišče v Celju). ZT cross-appealed. Upon the request of the Celje Higher Court, the Celje District Court amended the flaws in its judgment on 19 December 2003. On 2 March 2005 the Celje Higher Court allowed the applicant’s appeal, dismissed the ZT’s appeal, and increased the damages awarded. The judgment was served on the applicant on 24 March 2005. 9. On 14 April 2005 the applicant lodged an appeal on points of law with the Supreme Court (Vrhovno sodišče). The proceedings are still pending.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

5. The applicant was born in 1959 and lives in Velenje. 6. On 8 September 1994 the applicant was injured in an accident at work. The applicant’s employer had taken out insurance with the insurance company ZT. 7. On 12 February 1996 the applicant instituted civil proceedings against ZT in the Celje District Court (Okrožno sodišče v Celju) seeking damages in the amount of 2,411,312 Slovenian tolars (approximately 10,050 euros) for the injuries sustained. Between 29 August 1996 and 2 April 2001 the applicant lodged thirteen preliminary written submissions. On 1 April 1998 she made a request that a date be set for a hearing. Of the seven hearings held between 18 September 1998 and 27 February 2002, none was adjourned at the request of the applicant. During the proceedings, the court appointed three different medical experts. The court also sought additional opinions of the appointed experts. At the last hearing, the court decided to deliver a written judgment. The judgment, upholding the applicant’s claim in part, was served on the applicant on 6 May 2002. 8. On 20 May 2002 the applicant appealed to the Celje Higher Court (Višje sodišče v Celju). On 15 October 2003 the court allowed the applicant’s appeal in part and increased the damages awarded. The judgment was served on the applicant on 17 December 2003. 9. On 16 January 2004 the applicant lodged an appeal on points of law with the Supreme Court (Vrhovno sodišče). On 9 June 2005 the court dismissed the applicant’s appeal. The decision was served on the applicant on 5 July 2005. 10. On 20 July 2005 the applicant lodged a constitutional appeal. The proceedings are still pending.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

5. The applicant was born in 1968 and lives in Velenje. 6. On 7 June 1995 the applicant was injured in an accident at work. The applicant’s employer had taken out insurance with the insurance company A. 7. On 28 December 1995 the applicant instituted civil proceedings against A in the Celje District Court (Okrožno sodišče v Celju) seeking damages in the amount of 1,050,000 tolars (approximately 4,380 euros) for the injuries sustained. Between 14 August 1996 and 14 December 2001 the applicant lodged eight preliminary written submissions and/or adduced evidence. Between 26 November 1996 and 30 March 2001 he made seven requests that a date be set for a hearing. Of the four hearings held between 21 October 1996 and 9 January 2002, none was adjourned at the request of the applicant. During the proceedings, the court appointed two medical experts. At the last hearing the court decided to deliver a written judgment. The judgment, upholding the applicant’s claim in part, was served on the applicant on 6 May 2002. 8. On 8 May 2002 the applicant appealed to the Celje Higher Court (Višje sodišče v Celju). A cross-appealed. On 15 October 2003 the court rejected the applicant’s appeal and partly upheld the A’s appeal, and accordingly decreased the damages awarded. The judgment was served on the applicant on 4 December 2003. 9. On 9 December 2003 the applicant lodged an appeal on points of law with the Supreme Court (Vrhovno sodišče). On 24 November 2005 the court upheld the applicant’s appeal in part. The judgement was served on the applicant on 13 February 2006.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

4. The applicant was born in 1952 and lives in Križevci. 5. The applicant was dismissed from work on 15 November 1991. Even though that decision of the employer was subsequently quashed by the Zagreb Municipal Court (Općinski sud u Zagrebu) on 10 October 1994, the applicant has never been reinstated. 6. On 18 December 1995 the applicant instituted civil proceedings against the employer, seeking compensation for his salary. 7. On 4 June 1997 the court obtained the opinion of an expert accountant. At the hearing held on 22 September 1997 the applicant objected to the expert opinion; and the court requested additional observations from the expert. 8. On 16 April 1998 the court held a hearing at which the applicant objected to the expert opinion and requested additional written observations from the expert witness. On 15 June 1998 the applicant requested another expert opinion. On 9 February 1999 the court obtained another opinion from a different expert. 9. On 2 March 1999 the applicant requested a fresh expert opinion. A new one was obtained on 17 January 2000. The applicant objected to that opinion as well. 10. In his rush notes of 20 October 2000 and 8 February 2001, the applicant urged the court to schedule a hearing. 11. The court obtained an additional expert opinion on 10 March 2001 and heard the expert on 19 March 2001. The applicant again objected to the opinion. On 18 September 2001 he requested that the appointed expert withdraw and a new opinion be obtained. He also requested withdrawal of the trial judge. On 21 September 2001 the court transferred the case-file to another judge and appointed a new expert. 12. On 4 October 2001 the court ordered the applicant to give better particulars of his claim. At the hearing on 20 November 2001 the expert replied to the objections of the applicant; and the employer was ordered to submit additional documents. 13. On 16 January 2002 the applicant urged the court to continue the proceedings, as the employer had failed to provide the requested documents. 14. On 15 February 2002 the court decided to hear the financial expert witness. 15. On 18 August 2002 the applicant filed a constitutional complaint under section 63 of the Constitutional Act on the Constitutional Court, complaining about the length of the proceedings. 16. On 12 February 2003 the Constitutional Court (Ustavni sud Republike Hrvatske) dismissed the applicant’s complaint. It found that the Municipal Court had proceeded with due diligence. It also concluded that the applicant contributed to the length of the proceedings by asking seven times for an additional expert opinion. In those circumstances, the Constitutional Court found that the proceedings had not lasted unreasonably long. 17. Subsequently, on 31 January 2003 the main hearing was closed. On 7 May 2003 the court gave judgment dismissing the applicant’s claim. On appeal, on 11 May 2004 the Zagreb County Court (Županijski sud u Zagrebu) upheld the first-instance judgment. 18. The applicant filed an appeal on points of law and the proceedings are currently pending before the Supreme Court (Vrhovni sud Republike Hrvatske).

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

5. The applicants live in the Voronezh Region. 6. They are in receipt of welfare payments for their children. In 1999 – 2001 the applicants brought separate sets of civil proceedings against a local welfare authority, claiming arrears in those payments. 7. On the dates set out in appendix 1 the domestic courts granted the applicants’ claims and ordered the welfare authority to pay them the respective amounts. The enforcement proceedings were commenced accordingly. 8. On 26 July 2001 the bailiffs discontinued the enforcement proceedings in respect of the judgments in the applicants’ favour and returned the writs of execution to them referring to the lack of the debtor’s funds. 9. Thereafter the applicants unsuccessfully applied to various public bodies seeking to have the judgments in their favour enforced. 10. In January and February 2004 the applicants were paid the amounts due pursuant to the writs of execution.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

4. The applicant was born in 1961 and lives in Tatabánya. 5. On 21 May 1992 the applicant brought an action against her husband for divorce, custody of their children, child maintenance and the division of matrimonial property. 6. On 17 May 1993 the Tatabánya District Court declared the parties’ divorce and granted the applicant custody of the children. The court also ordered the defendant to pay maintenance, regulated his visiting rights and divided the use of their common flat, giving ⅔ of the space to the applicant and the children, and ⅓ to the defendant. 7. On 15 July 1993 the applicant appealed against this decision, seeking exclusive use of the flat and the reduction of the defendant’s visiting rights. 8. On 22 September 1994 the Komárom-Esztergom County Regional Court quashed the appealed part of the first-instance judgment and remitted the case, in this respect, to the District Court. 9. In the resumed proceedings, the District Court held a hearing and appointed two valuation experts on 4 September 1995. Further hearings took place on 3 June 1996, 10 June 1997, 1 September 1998, 25 January 1999, 14 February, 6 September and 25 October 2000. 10. On 8 January 2001 the court ordered the completion of the experts’ opinions. Further hearings were held on 31 August and 27 November 2001. 11. On 18 December 2001 the District Court granted the applicant ownership of the flat and ordered her to pay 927,282 Hungarian forints (HUF) in compensation to the defendant. It dismissed the remainder of her claims. 12. On 24 April 2002 the Regional Court confirmed the first-instance decision. This decision was served on 10 May 2002.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

4. The applicant was born in 1948 and lives in Prague. 5. The applicant’s grandmother owned a house and plot of land in Městec Králové, which the State seized in 1960 and returned to her in 1969. On 15 October 1970 she signed an agreement to sell the property to the Městec Králové Centre for Agricultural Apprenticeship (Střední odborné učiliště zemědělské), a State institute, and was paid CZK 123,233.35 (EUR 4,355). Subsequently, part of the property was transferred to the Consumer Cooperative (spotřební družstvo) and the Městec Králové Municipal Office (městský úřad). i. Restitution proceedings under the Land Ownership Act 6. On 10 October 1991 the applicant requested the owners of the property under the Land Ownership Act to return the property to him, arguing that his grandmother had signed the sale agreement under duress and conspicuously disadvantageous conditions. Upon their refusal, on 4 December 1992 he requested the Nymburk Land Office (pozemkový úřad) to restore the property to him. His request was notified to the Land Office on 7 December 1992. 7. On 7 January 1993 the Land Office invited the applicant to submit certain relevant documents. At the same time, it interrupted the administrative proceedings until the administrative file would be complete. 8. On 13 and 30 August 1993 respectively, the applicant presented the requested documents. On 26 June 1994 he identified the plot of land. 9. On 7 September 1994 an inspection of the site was carried out. On 15 September 1994 the Land Office requested the Ministry of Environment to provide access to their archives in order to find a purchase contract of 1970. On 29 September 1994 the Municipal Office, upon the Land Office’s request of 19 September 1994, submitted some additional documents. On the same day and on 17 October 1994 the applicant also added some documents. 10. On 23 November 1994 the Land Office ordered an expert opinion, which was drawn up on 14 January 1995. 11. On 25 January 1995 the applicant, at the Land Office’s request of 13 January 1995, clarified his relations with other members of his family. 12. On 31 January 1995 the Land Office dismissed the applicant’s request, stating that, while it was uncertain whether his grandmother had acted under duress, she had not sold the property under conspicuously disadvantageous conditions. 13. On 28 February 1995 the applicant appealed. 14. On 14 April and 5 June 1995 respectively, the Prague Municipal Court (městský soud) invited the applicant’s representative to clarify his client’s appeal. On 1 June and 3 July 1995 respectively, he complied. 15. The applicant’s appeal was then sent to the other parties to the proceedings, who submitted their observations in August 1995. 16. In a judgment of 29 September 1995, the Municipal Court quashed the Land Office’s decision and returned the case to it for further establishment of the facts. 17. On 29 November 1995 the Municipal Office interviewed witnesses in accordance with the Municipal Court’s opinion expressed in its judgment. An inspection of the site was carried out. 18. On 8 December 1995 and 31 January 1996 respectively, the applicant lodged supplementary documents. 19. On 21 February 1996 the Land Office again dismissed the applicant’s request for the restitution of the property. 20. On 6 March 1996 the applicant appealed, supplementing his appeal on 6 May 1996. On 8 July 1996 the Land Office presented its comments. 21. The defendant’s observations were submitted on 12 March 1997. Its legal representative lodged some additional documents. 22. In a judgment of 16 May 1997, the Municipal Court upheld the Land Office’s decision. 23. On 21 August 1997 the applicant filed a constitutional appeal (ústavní stížnost), supplementing it on 25 September 1997 upon the Constitutional Court’s (Ústavní soud) request of 2 September 1997. He complained that he had not been duly invited to the hearing held before the Municipal Court on 16 May 1997, and that the latter had decided in his absence. 24. On 10 October 1997 the Constitutional Court invited the parties to the proceedings to present their observations, which they did at the end of October 1997. 25. On 20 January 1998 the applicant, in reply to the court’s request of 13 January 1998, expressed his wish to hold a public hearing. 26. On 9 June 1998 the Constitutional Court, having held two hearings on 25 February and 9 June 1998, granted the applicant’s constitutional appeal, quashing the Municipal Court’s judgment. 27. On 30 July 1998 the case file was sent to the Municipal Court. 28. On 6 August and 7 October 1998 the applicant supplemented his original appeal. The other parties to the proceedings submitted their comments on the applicant’s appeal in December 1998. 29. By a judgment of 2 February 1999, the Municipal Court again upheld the Land Office’s decision. 30. On 14 June 1999 the applicant filed a constitutional appeal. In July and August 1999 the Constitutional Court requested that the files of the Municipal Court and Land Office be sent to it. 31. In December 1999 a judge rapporteur, to whom the applicant’s case had been assigned, resigned from her office. Another judge rapporteur was appointed in April 2000. 32. On 9 February 2001 the latter invited the parties to the proceedings to submit their observations on the applicant’s constitutional appeal. 33. On 30 April and 9 May 2001 respectively, the applicant without being represented by a lawyer, suggested that a case file concerning his restitution action dealt with the Nymburk District Court (okresní soud) be produced in evidence. 34. On 30 July 2001 the applicant, again without his lawyer’s knowledge, challenged the judge rapporteur for bias. On 16 August 2001 the applicant’s lawyer, in reply to the Constitutional Court’s letter of 8 August 2001, informed the court that he did not see any reason to challenge the judge rapporteur for bias. On 29 August 2001 the Constitutional Court dismissed the applicant’s challenge. 35. On 18 September 2001 it dismissed the applicant’s constitutional appeal as manifestly ill-founded. ii. Restitution proceedings under the Extra-judicial Rehabilitation Act 36. On 10 October 1991 the applicant requested the Centre for Agricultural Apprenticeship to return the property to him, pursuant to the Extra-judicial Rehabilitation Act. After its refusal, he requested the Nymburk District Court on 18 March 1992 to restore the property to him. On 24 March 1992 the court invited the applicant to remedy shortcomings in his submissions. He complied on 7 April 1992. 37. On 13 May 1992 the defendant submitted its comments. 38. On 18 September 1992 the District Court held a hearing which was adjourned sine die in order to examine documentary evidence, hear witnesses and verify the existence of an expert opinion. 39. On 20 September 1994 the Land Office informed the court about the restitution proceedings which the applicant had initiated under the Land Ownership Act. 40. On 8 February 1996 the court requested the Land Office to submit the administrative file. On 2 May 1996 the Land Office informed the court about the state of the administrative proceedings and explained that the administrative file was unavailable, having been sent to the Municipal Court. 41. On 15 July 1996 the applicant informed the District Court, upon its inquiry of 4 July 1996, that he insisted on the continuation of the proceedings despite his simultaneous restitution request dealt with by the Land Office. On 23 December 1996 the Land Office, in reply to the District Court’s request of 29 November 1996, informed the court that the restitution proceedings under the Land Ownership Act were still pending before the Municipal Court. 42. On 20 June and 31 July 1997 respectively, the applicant submitted his own analysis of the case. 43. On 29 July 1997 the District Court discontinued the proceedings, finding that it lacked competence to deal with the case. 44. In a decision of 6 November 1997, the Prague Regional Court, upon the applicant’s appeal of 19 August 1997, quashed the District Court’s decision and remitted the case for further consideration. 45. In a letter of 16 March 1998, the applicant informed the District Court that he had changed his legal representative. 46. On 8 April 1998 the applicant’s case was assigned to another judge at the District Court. 47. On 9 April 1998 the case file was sent to the Constitutional Court, which returned it on 31 July 1998. 48. In the meantime, on 22 June 1998, the applicant had lodged a new power of attorney. 49. On 23 October 1998 the District Court invited the applicant’s lawyer to submit certain new documents and to clarify his client’s action. On 27 October 1998 the lawyer requested the court to suspend the proceedings, explaining that the Municipal Court’s judgment of 16 May 1997 had been quashed by the Constitutional Court and that all the relevant documents were in the administrative file which was in the hands of the Municipal Court. On 17 November 1998 the applicant’s representative supplemented the merits of his client’s action. On 2 December 1998 the document was sent to the defendant’s lawyer. 50. On 4 December 1998 the District Court suspended the proceedings. The decision became final on 6 January 1999. 51. On 18 February, 3 August and 15 December 2000 and 28 February 2001, it made inquiries about the state of the restitution proceedings under the Land Ownership Act. 52. On 20 June 2001 the case file was again sent to the Constitutional Court, which returned it on 27 September 2001. 53. On 1 October 2001 the applicant’s lawyer informed the District Court that the proceedings under the Land Ownership Act had been terminated by the Constitutional Court’s decision of 18 September 2001 and that, therefore, the present restitution proceedings could continue. The District Court agreed to this on 6 February 2002. This decision became final on 22 March 2002. In the meantime, on 22 November 2001, the court had requested the Land Office and Municipal Court to send their case files to it. 54. On 17 June 2002 the applicant changed his legal representative. On 12 July 2002 the defendant submitted its opinion on the applicant’s action. 55. On 23 July 2002 the District Court held a hearing which was adjourned until 26 September 2002. Another hearing due to be held on 28 November 2002 was adjourned until 9 January 2003 because of the judge’s illness. 56. On 28 January 2003 the applicant adduced further documents in evidence. On 21 February 2003 the defendant made its comments. On 17 March 2003 the applicant replied. 57. On 28 March 2003 the District Court discontinued the proceedings for lack of competence, and referred the case to the Land Office. On 19 August 2003 the Regional Court, upon the applicant’s appeal of 20 May 2003, upheld this decision. 58. On 25 February 2004 the Supreme Court (Nejvyšší soud) dismissed the applicant’s appeal on points of law of 10 November 2003, holding that the conclusions of the lower courts had been in accordance with domestic law. On 24 May 2004 the case was sent to the Land Office. 59. On 5 October 2004 the Constitutional Court dismissed the applicant’s constitutional appeal of 21 May 2004. It held, inter alia, that the case was de facto over, the restitution proceedings under the Land Ownership Act, which concerned the same property, having been terminated upon the final decision of the Land Office.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

4. The applicant was born in 1966. He entered the Czech Republic in 1983. 5. On 17 December 1997 at 10.30 a.m. the applicant was brought to a police investigation office in order to provide certain explanations (podání vysvětlení) in connection with an investigation for fraud. He was heard by a police investigator from 2.15 to 4.45 p.m. A lawyer was appointed for him. The applicant was arrested at 5.50 p.m, and charged with attempted fraud under sections 8(1) and 250(1) and (4) of the Criminal Code (hereinafter “the CC”) on the ground that he, together with a certain M.M., had opened bogus bank accounts on which they had attempted to collect CZK 56,228,000 (EUR 1,938,897) and CZK 36,572,000 (EUR 1,261,103) through false postal orders. 6. On 19 December 1997 the applicant was brought before a judge at the Prague 1 District Court (soudce obvodního soudu) who ordered his detention on remand. On the same day, the applicant’s home was searched. 7. On 19 January 1998 the Prague Criminology Institute (Kriminalistický ústav) was requested to draw up an expert report on the false postal orders. On 16 February 1998 the Criminology Technique and Expertise Department of the criminal police (odbor kriminalistické techniky a expertiz) was requested to examine the applicant’s computer and diary. The expert opinions were submitted on 29 April and 12 June 1998 respectively. 8. On 3 and 18 March, 22 July and 22 October 1998 respectively, the applicant was heard. 9. On 18 March 1999 he was informed that his criminal activity would be considered as complicity in fraud in an organised group under section 43 of the CC. On 6 September 1999 the postal orders were described. 10. On 24 September and 9 August 2000 respectively, the applicant was heard. 11. On 25 April 2001 the applicant’s defence counsel, after having examined her client’s file, asked that the evidence be completed by the hearing of two witnesses, one of them, T., being the applicant’s cousin. His request was refused by the police investigator on 22 May 2001 who did not consider the hearing of these witnesses necessary for the decision of the prosecutor and court. 12. Meanwhile, 28 other suspects had been charged with the same offence, some of them being placed in custody. 13. On 3 July 2001 the Prague Regional Prosecutor (krajský státní zástupce), upon the investigator’s proposal of 21 June 2001, indicted the applicant and other co-accused before the Prague Regional Court (krajský soud). The applicant was so informed on 4 July 2001. 14. On 6 September 2001 the Regional Court sent the case back to the Regional Prosecutor for additional investigations. It held that the applicant should remain in custody until 17 December 2001. On 22 November 2001 the High Court dismissed the prosecutor’s objection to this decision. On 5 December 2001 the case file was remitted to the Regional Prosecutor. 15. On 29 May 2002 the applicant was heard but used his right to remain silent. 16. On 14 August 2002 another expert, having been appointed on 13 February 2002, submitted a report. 17. Between June 2002 and January 2003, the authorities took a number of procedural steps. 18. On 30 January 2003 the Regional Prosecutor again indicted all the suspects, including the applicant. The indictment contained 89 pages. The applicant was so informed on 10 April 2003. 19. On 15 April 2003 the indictment in Czech, French and Arabian was forwarded to the Regional Court which, on 15 July 2003, set the trial for 20 October until 19 November 2003. 20. On 10 September 2003 a procedural hearing of the applicant was held. The latter said that he would not need an interpreter at the trial. 21. According to the Government, the Regional Court started to deal with case on 21 October 2003, eight suspects having failed to attend the trial on 20 October 2003. The criminal case relating to two suspects was excluded from the joint trial. 22. On 22 October 2003 an interpreter into French was appointed to assist M.M. who did not understand Czech. On 27 October 2003 an interpreter into Arabian was appointed for the needs of certain witnesses. 23. The trial continued between 7 and 30 January 2004, 36 witnesses being summoned and an additional expert report in psychiatry being ordered. According to the Government, the main hearing was actually held from 7 to 9 January 2004 and on 13, 16, 19 and 27 January 2004. 24. From 19 to 27 January 2004 the case file was given to the Prague High Court (Vrchní soud) for an examination of a complaint made by one of the suspects against a detention order. The matter was decided on 26 January 2004 and, according to the Government, the case file was immediately remitted to the Regional Court. 25. The court continued to deal with the case between 1 and 26 April 2004, certain witnesses not having attended court. 19 witnesses were summoned to attend the hearing. 26. On 22 March 2004 the court issued two arrest warrants against two suspects. Nevertheless, the main hearing continued on 1-2, 5, 7-9, 13-16 and 19-20 April 2004. On 21 April 2004 the hearing had to be adjourned until 21 June 2004. 16 witnesses were summoned to attend the court. 27. The main hearing was held from 21 to 23 June and from 24 to 25 June 2004. 28. In a judgment of 28 June 2004, the Regional Court found the applicant guilty of attempted fraud under sections 8(1) and 250(1) and (4) of the CC, and was sentenced to five years and six months’ imprisonment. A time-limit for the elaboration of the judgment was extended until 22 January 2005 because of the complexity of the case. 29. The criminal proceedings are now pending before the High Court, which scheduled a hearing for 21 February 2006. 30. On 19 December 1997 the judge at the Prague 1 District Court ordered the applicant’s detention on remand, upon a request of 18 December 1997 by the Prague Municipal Prosecutor (městský státní zástupce), under section 67(a) and (b) of the Code of Criminal Procedure (hereinafter “the CCP”), with effect from 17 December 1997 at 5.50 p.m. The judge held that, given the applicant’s Sudanese citizenship and passport and the fact that he was likely to be sentenced to a lengthy prison sentence, there was a risk that he would abscond to avoid the criminal proceedings. The judge also found that the applicant, being prosecuted together with M.M., could influence his co-accused and witnesses who had not yet been heard, and thus jeopardize the investigation. 31. On 16 January 1998 the Municipal Court dismissed the applicant’s complaint against his detention order. 32. On 3 March 1998 the District Court rejected the applicant’s request for release. On 27 March 1998 the Municipal Court upheld this rejection. 33. On 2 June 1998 the court, following the Municipal Prosecutor’s request of 29 May 1998, extended the applicant’s detention on remand until 17 October 1998. It held that the applicant was likely to be sentenced to a lengthy prison sentence which created the risk that he would abscond abroad if released, and that he could influence M.M. or other persons who had not yet been questioned. 34. On 30 September 1998 the District Court, upon the Municipal Prosecutor’s request, extended the applicant’s detention on remand until 17 February 1999. The court considered that the reasons for the applicant’s detention, as set out in the earlier decision, were still relevant. It emphasised the fear that the applicant would influence M.M. who was currently serving his prison sentence or other persons who had not yet been heard. It finally referred to the complex character of the case which needed to be properly investigated. 35. On 23 October 1998 the Prague Municipal Court (městský soud) dismissed the applicant’s complaint of 12 October 1998 against this extension. 36. On 14 December 1998 the applicant filed a constitutional appeal (ústavní stížnost) against the court decisions by which his detention on remand had been extended. He complained in particular that his continued detention on remand was not justified, and that the courts had not dealt with the case properly when examining the existence of the reasons for extending his detention. He further complained that he had not been brought before the court within 24 hours, as required by law. He invoked in this connection Articles 3 § 1 (the prohibition on discrimination), 8 §§ 2, 3 and 5 (the right to liberty and security), 36 § 1 (the right to judicial protection) and 40 § 2 (the presumption of innocence) of the Charter of Fundamental Rights and Freedoms (Listina základních práv a svobod). 37. On 4 January 1999 M.M., whose prison sentence would have expired on 6 January 1999, was taken into custody pursuant to section 67(1)(a) of the CCP. 38. On 26 January 1999 the District Court, upon the Municipal Prosecutor’s request of 22 January 1999, decided to prolong the applicant’s detention on remand until 17 June 1999, with reference to section 71(2) of the CCP, finding that the reasons for the detention under section 67 § 1(a) and (b) of the CCP continued to exist. The applicant’s belated complaint against this extension was rejected by the Municipal Court on 19 February 1999. 39. In the meantime, on 15 February 1999, the investigator had decided to join the applicant’s and M.M.’s cases. 40. On 3 June 1999 the Prague-East District Court extended the applicant’s detention on remand until 17 November 1999. On 30 June 1999 the Regional Court, upon the applicant’s and M.M.’s complaints, found that the reasons for their detention still existed, but reduced the detention period to 28 September 1999, considering that the investigation could be closed by the end of September 1999. 41. In the meantime, on 9 June 1999, the Constitutional Court (Ústavní soud) had rejected the applicant’s constitutional appeal as being manifestly unsubstantiated. 42. On 13 September 1999 the District Court, at the Prague Regional Prosecutor’s (krajský státní zástupce) request of 6 September 1999, extended the applicant’s, M.M.’s and two other suspects’ detention on remand until 31 October 1999 with reference, inter alia, to the necessity to complete the investigation. 43. On 15 October 1999, the District Court granted the Regional Prosecutor’s request of 11 October 1999 and extended the applicant’s detention on remand until 16 December 1999, stating that other persons had been accused in the meantime which would require hearing all 31 accused persons, as well as certain witnesses and experts. It found that there was still a risk that the applicant would influence the witnesses and co-accused and, given the risk of a lengthy prison sentence being imposed on him, he might avoid the criminal prosecution by absconding abroad. 44. On 29 October and 24 November 1999, the Regional Court dismissed the applicant’s complaints against the decisions of 13 September and 15 October 1999, by which his detention had been extended until 31 October and 16 December 1999 respectively. 45. On 10 December 1999 the High Court, upon the motion of the Prague High Prosecutor’s Office (Vrchní státní zástupce), relying on section 71(3) of the CCP, extended the applicant’s detention until 31 May 2000 finding that there were still reasons for his detention under section 67(1)(a) and (b) of the CCP. It referred, inter alia, to the complex character of the case. It further relied on the reasonable suspicion based on cogent evidence that the applicant had committed the serious criminal offence with which he had been charged. 46. On 6 January 2000 the Supreme Court (Nejvyšší soud) quashed the aforesaid decision, holding that there were no concrete reasons justifying the applicant’s remand in custody for fear of collusion or intimidation, under section 67(b) of the CCP, and decided anew, finding that there was still a risk that the applicant would abscond and avoid the criminal prosecution if released given the possible lengthy prison sentence, his Sudanese citizenship and domicile and his personal and family background. It held that the criminal proceedings had not been terminated within the two-year detention time-limit laid down in section 71(3) of the CCP, due to the complexity of the case and for other serious reasons. The court finally held that, on the basis of the material evidence collected in the pre-trial proceedings, it was possible to conclude that the serious criminal offence with which the applicant had been charged had really been committed by him. 47. On 5 April and 7 June 2000 respectively, the District Court dismissed the applicant’s requests for release. On 28 April and 13 July 2000 respectively, the Regional Court rejected his complaints against these dismissals. 48. On 19 May 2000 the High Court, granting the High Prosecutor’s request of 5 May 2000, extended the applicant’s detention until 30 November 2000, pursuant to section 71(3) of the CCP. It referred to the complex character of the case involving 31 suspects. The court stated inter alia that, given the legal classification of the applicant’s offence, he was likely to be sentenced to a lengthy term of imprisonment if convicted. It also noted that, being of a Sudanese nationality and having his domicile not only in Prague but also in Sudan, and having his family there and in the United States of America, the applicant might abscond. It considered, therefore, that his detention was still necessary within the meaning of section 67(1)(a) of the CCP. 49. On 21 June 2000 the Supreme Court rejected the applicant’s complaint against this extension, referring, inter alia, to his Tunisian nationality and passport[1], and to the fact that he had his domicile and family in Tunis. The court dismissed any discriminatory element which could be used against the applicant in order to keep him in custody. 50. On 21 July 2000 the applicant filed a second constitutional appeal, this time filed against the two last decisions. He alleged a violation of Article 8 §§ 1, 2 and 5 of the Charter. 51. On 24 November 2000 the High Court extended the applicant’s pre-trial detention up to 30 March 2001 under section 71(3) of the CCP finding, with reference in particular to the extent of pecuniary damage allegedly caused by the suspects, that there was still a real risk that the applicant, a Sudanese citizen, would avoid the criminal prosecution or possible lengthy prison sentence if released. 52. On 29 November 2000 the applicant’s counsel informed the Constitutional Court that his client’s detention had again been prolonged. 53. On 21 December 2000 the Supreme Court dismissed the applicant’s complaint of 30 November 2000 against the decision of 24 November 2000 to extend his detention until 30 March 2001. The court shared the opinion of the High Court that the reason for the applicant’s continued detention under section 67(1)(a) of the CCP persisted. It referred in this respect to the previous decision of the High Court of 21 June 2000 describing the applicant’s ties with the Czech Republic, the character of his criminal activities and possible prison sentence. 54. On 6 February 2001 the Constitutional Court dismissed the applicant’s second constitutional appeal as being manifestly ill-founded. It held that the decisions extending the applicant’s detention beyond two years had been taken by virtue of section 71(3) of the CCP, and that it was clear from the evidence available that these decisions had been taken on the basis of the facts established at the material time. 55. On 20 March 2001 the High Court granted the High Prosecutor’s request of 13 March 2001 to extend the applicant’s pre-trial detention until 30 June 2001. On 24 April 2001 the Supreme Court dismissed the applicant’s complaint against this extension. 56. On 21 May 2001 the District Court dismissed the applicant’s request for release. On 20 July 2001 the Regional Court rejected the applicant’s complaint against this dismissal. 57. On 19 June 2001 the High Court, upon the High Prosecutor’s request of 5 June 2001, extended the applicant’s detention on remand until 31 August 2001. Referring to the complex character of the case, the seriousness of the criminal activities with which the applicant and the other suspects had been charged and to the evidence collected so far, it found that it had been impossible to close the investigation within the two-year statutory period. It further held that the purpose of the criminal proceedings would be jeopardised if the suspects were released. In this respect the court recalled, inter alia, that the applicant was a Sudanese citizen, that his family lived in Sudan and that he did not have any family or other ties with the Czech Republic. On 18 July 2001 the Supreme Court dismissed the applicant’s complaint of 2 July 2001 against the extension. 58. On 1 August 2001 the High Court granted the request dated 10 July 2001 of the president of the chamber of the Regional Court to extend the applicant’s pre-trial detention until 17 December 2001, finding that the reason for the applicant’s detention under section 67(1)(a) of the CCP continued to exist. The applicant’s complaint against this extension was dismissed on 21 August 2001 by the Supreme Court which found that there were good reasons to extend his detention in accordance with section 71(4) of the CCP, sharing the opinion of the High Court. It held that the case was factually complex and that the competent authorities had not been responsible for any unjustified delay. 59. On 17 December 2001 the applicant was released from custody. 60. On 28 June 2002 the applicant married a Czech woman. 61. On 16 August 2002 the applicant filed an application for a residence permit in order to live with his Czech wife. 62. On 2 September 2002 the Prague Aliens and Customs Police Service (služba cizinecké a pohraniční policie) suspended the examination of this request given the criminal investigation against the applicant which was still pending. It held in particular that, under section 70(1)(e) of the Aliens’ Residence in the Czech Republic Act, such a request had to be supported by a certificate of good conduct (doklad k posouzení trestní zachovalosti) proving that he had no criminal record in his own country, in a country where he had his permanent residence or in a country where he had been living for more than six months in the past three years. The Service also held that the application had not contained necessary documents confirming the reason for his residence in the Czech Republic or his financial means to live there. It referred to section 70(1)(c) and (d) of the Act. 63. On 6 December 2002 the Constitutional Court dismissed as unsubstantiated the applicant’s constitutional appeal against the aforesaid decision, in which he had alleged a violation of his rights guaranteed by Article 36 §§ 1 and 2 and Article 40 § 2 of the Charter. 64. On 2 January and 3 April 2002 respectively, the Deputy Ombudsman (zástupkyně veřejného ochránce práv) found that the Service had proceeded unlawfully. 65. On 5 June 2003 a private translation company offered employment to the applicant. On 17 July 2003 it withdrew the offer, as the applicant had not submitted his residence permit.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

4. The applicants were born in 1972 and 1958, respectively. The first applicant is in prison (Dovergate Prison, Uttoxeter) and the second applicant lives in Hull. 5. In 1994 the first applicant was convicted of murder and sentenced to life imprisonment with a tariff of 15 years. He is imprisoned in a private prison and his earliest expected release date is 2009. He has no children. 6. In 1999 he met the second applicant, while she was also imprisoned, by correspondence through a prison pen pal network. She has since been released, although it is not clear when. In 2001 the applicants married. The second applicant already had three children from other relationships. 7. Since the applicants wished to have a child, in October 2001 the first applicant applied for facilities for artificial insemination. In December 2002 the second applicant joined this application. Their solicitors made representations to the Secretary of State, relying on the length of the relationship and the fact that, given the first applicant’s earliest release date and the second applicant’s age, it was unlikely that the applicants would be able to have a child together without the use of artificial insemination facilities. 8. In a letter dated 28 May 2003 the Secretary of State refused their application. He first set out his general policy (“the policy”): “Requests for artificial insemination by prisoners are carefully considered on individual merit and will only be granted in exceptional circumstances. In reaching decisions particular attention is given to the following general considerations: - whether the provision of AI facilities is the only means by which conception is likely to occur - whether the prisoner’s expected day of release is neither so near that delay would not be excessive nor so distant that he/she would be unable to assume the responsibilities of a parent - whether both parties want the procedure and the medical authorities both inside and outside the prison are satisfied that the couple are medically fit to proceed with AI - whether the couple were in a well established and stable relationship prior to imprisonment which is likely to subsist after the prisoner’s release - whether there is any evidence to suggest that the couple’s domestic circumstances and the arrangements for the welfare of the child are satisfactory, including the length of time for which the child might expect to be without a father or mother - whether having regard to the prisoner’s history, antecedents and other relevant factors there is evidence to suggest that it would not be in the public interest to provide artificial insemination facilities in a particular case.” He then gave his reasons for refusal in the present case. On the one hand, the second applicant would be 51 years old at the earliest possible date of release of the first applicant so that the likelihood of her being able to conceive naturally was small. Both applicants were also in full agreement about their wish to conceive artificially. However, on the other hand, and in the first place, the relationship was established while they were in prison and had not been tested in the normal environment of daily life. Secondly, there was insufficient provision in place to provide independently for the material welfare of any child which might be conceived. Thirdly, there was little in the way of an immediate support network in place for the mother and any child which might be conceived. Fourthly, any child would be without a father for an important part of its childhood years. Fifthly, in light of the violence of the first applicant’s crime, there would be legitimate public concern that the punitive and deterrent elements of his sentence of imprisonment were being circumvented if he were allowed to father a child by artificial insemination. 9. The applicants sought leave to apply for judicial review of the Secretary of State’s decision. On 29 July 2003 the High Court refused leave on the papers. The applicants renewed their application and on 5 September 2003 leave was again refused after an oral hearing. On 13 October 2003 the applicants introduced an application to this Court and it was declared inadmissible in December 2003 on the basis that they had failed to exhaust domestic remedies (App. No. 34127/03). The applicants then applied to the Court of Appeal for leave to appeal. 10. On 30 September 2004 their application was unanimously rejected by the Court of Appeal. Auld LJ relied in principle on the judgment of the Court of Appeal in R (Mellor) v Secretary of State for the Home Department ([2001] 3 WLR 533). He pointed to the similarity of the arguments put by the applicants in the present case and in the Mellor case. Auld LJ relied on the conclusion of Lord Phillips in the Mellor case (see “Relevant Domestic Law and Practice” below) and commented: “... Lord Phillips clearly had in mind, and he set it out in the course of his judgment, the provisions of Article 8.2 of the Convention setting out various matters that may justify interference with the right to respect for private and family life, including the protection of health or morals and the protection of the rights and freedom of others. It seems to me that concern, not only for the public attitude to the exercise by prisoners of certain rights in prison which they would take for granted outside, and concern for the rights of a putative child in the upbringing it would receive depending on the circumstances and the length of the imprisonment involved, are highly relevant circumstances for the purposes of Article 8.2... Accordingly, in my view, it is not open to [the applicants] to seek to re-open the validity of the Secretary of State’s policy which this court has held in Mellor is rational and otherwise lawful. As Lord Phillips made clear in his judgment in that case, although the starting point of the policy is that deprivation of facilities for artificial insemination may prevent conception altogether, the finishing point is whether there are exceptional circumstances for not applying the policy ...” He then noted that on occasions the Secretary of State had “dis-applied the policy” when the circumstances had merited it: he referred to a letter from the Treasury Solicitor to the applicants which apparently demonstrated this fact and pointed out that counsel for the Secretary of State had informed the court that there had been other such instances. 11. Auld LJ then applied the policy to the present case: “To the extent that [the applicants have] suggested that he Secretary of State has irrationally misapplied his own policy to the circumstances, or has otherwise acted disproportionately in applying it, I would reject the suggestion. There is no basis for saying that the Secretary of State’s approach can be equated, as [the applicants] suggested, with the extinction of a fundamental right. It was a weighing of the starting point of the policy against the other considerations for which the policy itself provided, an exercise of discretion and proportionality in respect of which, in my view, the Secretary of State cannot be faulted on the circumstances as presented to him.” 12. The other judges also relied on the judgment in Mellor. Mance LJ said the following: “The case of Mellor is also clear authority that considerations and potential consequences of public interest over and above a narrow view of the requirements of good order and security in prison can play a role in a decision whether or not to permit such artificial insemination... I note that, in addition to the European authorities specifically mentioned in paragraph 42 by Lord Phillips, the Commission, in its decision in Draper v the United Kingdom App No. 8186/78 at paragraphs 61 to 62, also recognised the potential relevance of more general considerations of public interest.”

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

4. The applicant was born in 1938 and lives in Cunski, Mali Losinj, Croatia. 5. On 7 April 1992 the applicant was arrested in Hungary on the suspicion of having murdered his wife, a German national. On 10 April 1992 the Hungarian Pest Central District Court ordered his detention on remand until his extradition to Germany. On 20 July 1993 the Hungarian National Police Department extradited the applicant and prohibited his return until 20 July 1998. Subsequently, he was held in pre-trial detention in Germany until 19 December 1994. 6. On 17 February 1995 the German Hildesheim Criminal Court acquitted the applicant. The judgment was pronounced in his presence and became final on the same day. 7. On 27 October 1995 the applicant’s lawyer brought an action in the Pest Central District Court seeking from the Hungarian State compensation (kártalanítás) under section 385/A of the Code of Criminal Procedure. 8. On 12 June 1996 the District Court transferred the case to the competent Budapest Regional Court. On 18 December 1996 the Regional Court ordered the applicant to complete his action, which he did on 8 September 1997. 9. Hearings took place on 11 September 1997, 22 January, 2 June and 8 December 1998, 4 May 1999 and 1 February 2000. 10. On 6 March 2000 the applicant extended his action and claimed damages (kártérítés) from the Hungarian State, relying on various provisions of the Civil Code. 11. On 28 April 2000 the Regional Court discontinued the proceedings, holding that the action had been submitted outside the statutory time-limit, as calculated from the final decision given in the criminal case. 12. On 5 June 2000 the applicant appealed. He submits that the respondent’s submissions in reply, filed on 22 June 2000, were made available to him only in autumn 2001, when his lawyer consulted the case file for the purposes of the review proceedings. 13. On 26 March 2001 the Supreme Court, sitting as a second-instance court, dismissed the applicant’s appeal. 14. On 8 April 2002 the Supreme Court’s review bench quashed these decisions in their part concerning the claim for damages; this claim was remitted to the first instance court. Moreover, it upheld the discontinuation of the proceedings for compensation. The court observed that the time-limit for introducing this claim had been 17 August 1995 (i.e. six months after the applicant’s acquittal on 17 February 1995); however, the action had only been filed on 27 October 1995. It noted that the applicant – who referred to having been banned from Hungary and prohibited from accessing the Hungarian courts by the war in Croatia, as well as to his stay in a Croatian hospital from 14 August 1995 – should have requested procedural reinstatement (igazolási kérelem) within six months from the removal of these obstacles on 7 August 1995 (the date on which he had retained his Hungarian lawyer). However, the court found that he did so belatedly, only on 22 January 1998. The Supreme Court’s decision was served on the applicant’s lawyer on 25 June 2002. 15. In the resumed proceedings for damages, on 12 July 2002 the Regional Court joined to this case another action which the applicant had filed against the Budapest Police Department on 4 October 2000, claiming damages for the alleged breach of the presumption of innocence in the criminal proceedings. 16. On 21 March 2003 the court requested the competent German authorities to make available to it copies of documents relating to the applicant’s case, which they did on 20 November 2003. After the translation of the documents had been effected, a hearing took place on 20 May 2004. 17. On 12 October 2004 the court dismissed the entirety of the applicant’s action as time-barred. It observed that the criminal proceedings in Hungary had ended on 20 July 1993 and the applicant’s pre-trial detention in Germany on 19 December 1994. Consequently, the statutory five-year time-limit on the introduction of claims for damages had started on 20 December 1994 at the latest and ended on 20 December 1999. The applicant’s claims for damages, filed in March and October 2000, were therefore statute-barred. On 7 December 2004 the applicant appealed. 18. On 10 March 2005 the Budapest Court of Appeal, in a partial decision, partly upheld and partly quashed the first-instance decision. It instructed the first-instance court to resume the examination of that part of the applicant’s claims which concerned an alleged violation by the State of his ‘personality rights’ (személyiségi jogsérelem; non-pecuniary damage claimed in the amount of 67 million Hungarian forints (HUF)) and by the Police Department (non-pecuniary damage claimed in the amount of HUF 134 million). 19. On 17 November 2005 the Supreme Court upheld, in review proceedings, the partial decision. 20. The proceedings were resumed in respect of the claims not yet determined, and are still pending.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

4. The applicants were born in 1944 and 1936 respectively and live in Brno. 5. On 28 December 1992 the applicants prepared a civil action against the private company V. and Ms M. for the return of their ownership share in the private company V., amounting to CZK 120,000 (EUR 4,229). According to the Government, having received the applicants’ action on 13 January 1993, the Brno Regional Commercial Court (krajský obchodní soud) sent it to the defendants for their written comments. 6. On 20 July 1994 the applicants requested the court to accept an extension of their action to include Mr S. and the private company R. as defendants. The court received the request on 10 August 1994. 7. On 20 September 1994 the applicants requested the court to adopt interim measures against Ms M., but the court did not react to their request. 8. On 20 January 1997 the court accepted the applicants’ extension of their action, against which Mr S. and the company R. appealed on 3 February 1997. The next day, the appeal was sent to the other parties to the proceedings. On 3 July 1997 the appellants were invited to supplement their appeal. 9. On 21 July 1999 the Olomouc High Court (vrchní soud) received new submissions. On 30 November 1999 it sent the case back to the Regional Commercial Court. 10. On 2 June 2000 the second applicant, upon the court’s request of 3 May 2000, provided information as to the name of his legal representative in 1997. 11. On 4 October 2001 the Regional Commercial Court invited the appellants, once again, to supplement their appeal. 12. On 5 February and 14 May 2002 respectively, the court contacted the central register of citizens (centrální evidence obyvatel) to determine the second defendant’s domicile. 13. On 2 June 2003 the court asked the Czech Post Office (Česká pošta) about the effective delivery of mail to the second defendant. It repeated its request on 5 January and 30 June 2004 respectively. 14. It appears that the proceedings are still pending before the High Court.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

4. The applicant was born in 1946 and lives in Brno. 5. On 29 May 1992 the applicant introduced before the Prague 4 District Court (obvodní soud) an action seeking the division of matrimonial property. According to the Government, the action was notified to the court on 1 June 1992. On 3 November 1992 the applicant’s former husband submitted his written comments on 295 pages. 6. On 8 September 1994 the District Court held a hearing which was adjourned in order to have an expert report drawn up. On 8 November 1994 an expert was appointed. 7. On 5 May 1995 the court invited the parties to an information meeting scheduled for 29 June 1995. However, the parties did not attend. 8. On 14 September 1995 another hearing was held in the absence of the defendant. On 17 November 1995 the expert informed the court that due to the defendant’s failure to cooperate, he was not able to draw up the opinion. On 11 December 1995 the court ordered the parties to cooperate with the expert. 9. On 19 January 1996 the defendant notified the court that due to his illness, he could not submit the relevant documents, which he finally did on 16 February 1996. On 19 February 1996 the case file was sent to the expert who, in the meantime, had been withdrawn. On 25 March 1996 a new one was appointed. The case file was sent to him on 23 June 1996. On 11 October 1996 the expert, having been urged to do so on 23 September 1996, sent the case file back to the court stating that due to his workload, he did not have time to prepare the report. On 19 December 1996 the court appointed another expert and, on 6 February 1997, it sent him the case file. 10. On 24 February 1997 the expert informed the District Court that he did not have necessary documents. On 7 March 1997 the court met the expert. On 17 March 1997 it invited the parties to submit a copy of an entry in the Land Registry and a copy of a land map. On 27 May 1997 the court pressed the expert to prepare his opinion. He replied on 13 June 1997 that he still did not have the necessary documents. On 1 July 1997 the court then imposed a procedural fine on the defendant who, on 29 July 1997, appealed. On 10 December 1997 the expert presented his report. 11. At a hearing held on 15 January 1998, the parties expressed their willingness to reach a friendly settlement. Another hearing was held on 5 March 1998. The defendant submitted his comments on the expert report on 1 April 1998. A week later, the court ordered the expert to amend his report in accordance with the defendant’s objections, which he did on 14 May 1998. At the same time, it appointed an expert to assess the value of movable property. She submitted her expert report on 24 November 1998. 12. On 29 December 1998 another expert was appointed to assess the value of other items. The expert informed the court, on 22 January 1999, that he was not sufficiently qualified for this work. On 27 January 1999 the court appointed a new expert who, however, repetitively did not take out the case file. The court then appointed another expert, to whom the case file was sent on 28 June 1999. The expert report was submitted on 10 August 1999. 13. In a judgment of 2 March 2000 the District Court, having held three hearings on 14 October, 3 February[1] and 2 March 2000 respectively, delivered a judgment by which it divided the matrimonial property. 14. On 12 May 2000 the defendant appealed. On 30 May 2000 the judge dealing with the case requested the president of the court to withdraw her from the proceedings following the defendant’s insulting statements about her. She said that she felt biased. On 21 June 2000 the Prague Municipal Court (městský soud) granted her request. 15. On 10 July 2000 the case was assigned to another judge who, on 20 July 2000, invited the defendant to supplement his appeal. He complied on 20 August 2000. Five days later, the case was sent to the Municipal Court which, however, sent it back with a request to supplement it. 16. On 7 September 2000 the parties were ordered to pay court fees. On 26 October 2000 the case was again brought to the Municipal Court which, on 16 February 2001, quashed the lower court’s judgment and remitted the case to it for further consideration. 17. On 1 March 2001 the applicant was invited to amend her action in accordance with the guidelines of the Municipal Court. On 4 April 2001 she objected that the appellate court’s decision was incomprehensible. On 11 April 2001 the court delivered a rectifying resolution. On 4 July 2001 the applicant supplemented her action. On 16 July 2001 the defendant was invited to make his comments. Having been urged to do so on 4 September and 11 October 2001 respectively, he complied on 23 October 2001. 18. In a judgment of 29 January 2002 the District Court again decided on the distribution of the matrimonial property. On 11 March 2002 both parties appealed. On 19 March 2002 they were invited to supplement their appeals. The defendant complied on 27 March 2002, amending his arguments on 17 April 2002, after a lawyer had been appointed for him on 8 April 2002. The applicant presented her amendment on 23 May 2002. 19. On 31 October 2002 the court received the defendant’s comments on the applicant’s appeal. On 11 January 2003 the defendant “rectified” his appeal. On 6 February 2003 the case file was sent to the Municipal Court. On 22 April 2003 the defendant asked the court to grant him time to adduce further documentary evidence. On 13 May 2003 he submitted new comments on the applicant’s appeal. On 2 June 2003 the case file was submitted to the appellate court. 20. On 1 August 2003 the defendant requested that a public hearing be adjourned. 21. On 15 October 2003 the Municipal Court appointed an expert to amend the expert report. The expert complied on 1 December 2003. 22. In a decision of 5 February 2004 the court upheld the District Court’s judgment. On 30 March 2004 this decision became final. 23. On 26 May 2004 the defendant filed an appeal on points of law (dovolání). On 12 August 2004 the case file was sent to the Supreme Court (Nejvyšší soud) which, on 1 September 2004, suspended the enforcement of the judgment. It appears that the proceedings are still pending.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

11. The applicants, four in all, are Austrian nationals of Turkish origin, born in 1978, 1959, 1959 and 1961 respectively, and are living in Lustenau (Austria). The second applicant is the first applicant’s father, the third applicant his mother and the fourth applicant his uncle. On 21 March 1997 the Feldkirch Public Prosecutor filed a bill of indictment against the applicants charging them with rape under section 201 § 2 of the Penal Code, coercion and deprivation of liberty. The public prosecutor stated that since September 1995 the first applicant had been the fiancé of F.D. Their future marriage had been arranged by their respective fathers. After the death of F.D.’s father in May 1996, F.D. considered herself no longer bound by the promise of betrothal given by her father. She told this to the first applicant and his parents who, however, refused to accept her change of mind. 12. Ever since the death of F.D.’s father the second applicant regularly brought F.D. by car to her place of work and drove her home again after work. On 22 July 1996, around 5.00 a.m., the second applicant, accompanied by the first and third applicant, picked up F.D. and brought her to the home of the fourth applicant. The second applicant told her that she was going to have sexual intercourse with the first applicant. He also told her that if she resisted she would be held by the second and fourth applicants and that the third applicant would force her legs apart. She was accompanied to the bedroom. The first applicant attempted to have sexual intercourse with her, but this attempt failed because of F.D.’s resistance. Thereupon, the first applicant requested the third applicant to help him. The third applicant tied F.D.’s hands with adhesive tape and stuck a strip of adhesive tape over her mouth. She then held F.D.s arms while the first applicant had intercourse with F.D. Thereafter, F.D. was constrained to spend the rest of the day with the first applicant in the house. 13. The second and third applicants phoned her mother and told her that F.D. had been kidnapped by them and that she should not contact the police, otherwise F.D. would be killed. Nevertheless, F.D.’s mother informed the police about the incident. Around 8.00 p.m. F.D. was allowed to phone her mother. Soon afterwards police officers arrived at the house and arrested all four applicants. 14. On 23 May 1997 the applicants’ trial was held before the Feldkirch Regional Court. The applicants, assisted by counsel, Mr. Weh, maintained their innocence and claimed that F.D. had accompanied them voluntarily in order to become closer acquainted with the first applicant’s uncle and that, on this occasion, she had had sexual intercourse with the first applicant of her own free will. No violence whatsoever had been used against her. The court heard the applicants and several witnesses, including the victim, her mother and a doctor who had examined the victim at the hospital. F.D. repeated to the court the statements she made to the police and the investigating judge, but added that her family and the applicants’ family had meanwhile settled the matter and that she had received a payment of 50,000 ATS from the applicants’ family. 15. On the same day the Regional Court convicted the applicants of rape under section 201 § 1 of the Penal Code and of deprivation of liberty. The first and second applicants were also convicted of aggravated coercion. The first applicant was sentenced to one year’s imprisonment, the second applicant to two years, the third applicant to twenty months and the fourth applicant to eighteen months of imprisonment. In its judgment, the court described the course of the events in the same terms as in the bill of indictment. 16. As regards the classification of the offence in law, the court found that from the facts established it was apparent that F.D. had been exposed to and had been threatened with acts of serious violence. It therefore had to convict the applicants of rape under Section 201 § 1 of the Penal Code. 17. On 24 July 1997 the applicants filed pleas of nullity (Nichtigkeits-beschwerde) and appeals against sentence (Berufung). The applicants complained, inter alia, that their conviction for rape had gone beyond the terms of the indictment (Anklageüberschreitung) as they were convicted of rape under section 201 § 1 of the Penal Code while the bill of indictment had charged them with rape under section 201 § 2 of the Penal Code. In the applicants’ submission, if the Regional Court had been of the opinion that the public prosecutor’s indictment had not corresponded to all the elements of the case it should have given the public prosecutor the opportunity to amend the indictment. This would at the same time have given the applicants the opportunity to react to the amendment and to dispute the existence of any aggravating circumstances. 18. On 2 December 1997 the Supreme Court rejected the applicants’ appeal under section 285d § 1 of the Code of Criminal Procedure without holding a hearing. As regards the complaint that the judgment had exceeded the terms of the indictment with respect to the charge of rape, the Supreme Court found that a ground of nullity could only be made out if the applicants had been found guilty of an offence which had not been the subject matter of the indictment. The subject matter of an indictment was a specific act or event which, in the eyes of the public prosecutor, had brought about a punishable result. If, on the basis of the evidence taken, the event which formed the basis of the indictment had, in certain details, occurred in a manner different from that assumed by the prosecution, the court had to apply the correct law to the established facts even if the result was that the legal qualification then applied differed from the one made by the public prosecutor. It was only where the taking of evidence showed a course of events which was entirely different from the events described in the indictment such that it could no longer be considered covered by the terms of the indictment, that a conviction would pre-suppose the prior amendment of the indictment. In the present case, the act with which the applicants were charged was identical to the established facts as set out in the judgment. The trial court had merely come to a different legal qualification on the facts. However, this did not exceed the terms of the indictment (Anklageüberschreitung). Moreover, the different legal qualification given to the offence was not in breach of the Convention. It was the main purpose of Article 6 § 3 (d) of the Convention to achieve equality of arms between the prosecution and the defence. However, it could not be considered that a legal qualification in the judgment which differed from the one in the indictment infringed this or any other provision of the Convention. The Supreme Court remitted the applicants’ appeal against sentence to the Innsbruck Court of Appeal. 19. On 11 February 1998 the Court of Appeal dismissed the applicants’ appeal and confirmed the sentences fixed by the Regional Court.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

4. The applicant was born in 1968 in Kumanovo, the former Yugoslav Republic of Macedonia. 5. On 13 May 1993 the applicant instituted civil proceedings before the Skopje I Municipal Court (Општински Суд Скопје I) for annulment of a care agreement (“the agreement”) concluded on 25 February 1993 between her sister and their late aunt (the latter had also been the applicant’s adoptive mother). The applicant claimed that her adoptive mother had lacked legal capacity to enter into the agreement, which had been signed two months before her death, as she had not been in a fit condition to make rational decisions. Under the agreement, the applicant’s sister had been granted ownership of the flat at issue in return for caring for her adoptive mother. 6. Following enactment of the Courts Act in 1995, the Skopje I Municipal Court became the Skopje Court of First Instance (Основен Суд Скопје I). 7. Of the seventeen hearings held between 13 May 1993 and 4 February 1998 before the Skopje Court of First Instance, five were adjourned (the proceedings were stayed for three months by the trial judge owing to the applicant’s absence from the hearing of 29 November 1993). 8. On 4 February 1998 the Skopje Court of First Instance granted the applicant’s application and annulled the 1993 agreement. The decision was reportedly served on the parties on 11 September 1998. 9. On 28 September 1998 the applicant’s sister appealed against the lower court’s decision before the Skopje Court of Appeal (Апелационен Суд Скопје). 10. On 25 March 1999 the Court of Appeal dismissed the appeal. 11. On 13 May 1999 the applicant’s sister lodged an appeal on points of law (ревизија) with the Supreme Court (Врховен Суд). 12. Оn 21 September 2000 the Supreme Court quashed the lower courts’ decisions and referred the case back to the Court of First Instance. It found that the courts had based their decisions on insufficient evidence. The Supreme Court instructed the Court of First Instance to obtain new evidence and to examine other witnesses, in order to shed light on the state of health of the applicant’s adoptive mother at the time the agreement had been concluded. 13. Of the sixteen hearings held between 1 December 2000 and 19 March 2004 before the Skopje Court of First Instance, six were adjourned (the applicant attended all the hearings except the hearing of 1 April 2002). 14. On 11 June 2003 the President of the Court of First Instance dismissed the trial judge’s request to be removed from the case on account of the applicant’s sister’s inappropriate behaviour during the proceedings and the doubts she had expressed concerning the judge’s impartiality. 15. After the case had been referred back to the Court of First Instance, two expert opinions were ordered for the purpose of determining the state of the adoptive mother’s health at the time the agreement had been concluded. 16. On 11 March 2005 the Court of First Instance upheld the applicant’s claim and declared the agreement null and void. 17. On 1 December 2005 the Court of Appeal upheld the applicant’s sister’s appeal and referred the case back for a retrial. The case is pending before the Court of First Instance.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

8. At the relevant time the applicant was the head of the Ministry of Justice’s division responsible for the financial and logistical support for the judicial system. In this capacity, he sometimes attended the meetings of the Supreme Judicial Council – the body responsible for, inter alia, allocating the judicial budget. The Supreme Judicial Council consists of twenty‑five members, including the chairpersons of the Supreme Court of Cassation and the Supreme Administrative Court, and the Prosecutor-General. Its meetings are presided over by the Minister of Justice. 9. The Supreme Judicial Council held a meeting on 15 December 1993, at which the issue of the end‑of‑year bonus for judges, prosecutors, and investigators was discussed. The applicant attended the meeting, as he usually did in cases when budgetary matters were considered. The deputy Prosecutor‑General, Mr S., who was a member of the Council, was also present. 10. At some point during the meeting, after commenting the provisions of the State Budget Act, the applicant said: “You have decided to have financial matters dealt with by Mr S. For me he is not a clean person...”. He then added: “I can prove this”. The Prosecutor-General reacted vehemently, asking the applicant to leave the room. The applicant tried to continue but was interrupted by Mr S. who asked him to clarify what he meant by “unclean person”. The Minister of Justice intervened and requested the applicant to retract the words “unclean person”. The Prosecutor-General reacted immediately: “There is no retraction, there are prosecution authorities. This is already a problem, this is already a crime”. The Minister insisted on the applicant apologising for the words “unclean person”. Thereupon the applicant said: “Alright, I apologise”. Because of the tense situation all financial matters which were due to be discussed at the meeting were adjourned. 11. Immediately after the meeting the Prosecutor‑General requested a copy of the minutes. He received it on 27 December 1993 and on 12 January 1994 sent it to the Sofia City Prosecutor’s Office with instructions to carry out a preliminary inquiry with a view to opening criminal proceedings against the applicant. On 11 February 1994 the Sofia City Prosecutor’s Office transmitted the case file to the Sofia District Prosecutor’s Office with instructions to open criminal proceedings against the applicant for insult. The investigation was to be performed not by an investigator, as would usually be the case, but by a prosecutor. 12. On 16 February 1994 the Sofia District Prosecutor’s Office instituted criminal proceedings against the applicant for “having said publicly ‘for me he is not a clean person’ in respect of [Mr S.] in his presence ... which was degrading for the latter’s dignity”, contrary to Article 148 § 1 (1), (3) and (4) in conjunction with Article 146 § 1 of the Criminal Code. 13. On 20 April 1994 the applicant was charged. 14. The investigation was concluded on 16 June 1994 and the applicant and his counsel were allowed to consult the case file. After having done so, counsel for the applicant requested that all members of the Supreme Judicial Council who had been present at the meeting be questioned and that an expert report be prepared to compare the audio tape of the meeting with the written minutes. The prosecutor in charge of the investigation refused, reasoning that the facts of the case had been elucidated by the evidence already gathered, which supported the accusation. 15. The applicant was indicted. The trial against him took place on 11 April 1995 at the Sofia District Court. The court heard two witnesses: the alleged victim of the insult, Mr S., and another member of the Supreme Judicial Council. Mr S. stated that it was difficult for him to say whether the applicant’s remark had changed the Supreme Judicial Council’s opinion of him. The other witness stated that sometimes the discussions in the Council were quite heated but that no one had ever used such words or made such remarks. Three other witnesses called by the prosecution failed to show up and the court struck them out of the evidence, holding that the circumstances of the case had been sufficiently elucidated through the testimony of the witnesses who had been questioned and through the written evidence. Counsel for the applicant did not reiterate the request that all members of the Council be summoned as witnesses, instead stating that the facts had been fully clarified. 16. After that the court heard the parties’ closing argument. Counsel for the applicant pleaded for a verdict of not guilty, relying, inter alia, on Article 10 of the Convention. She argued that the words “for me he is not a clean person” were only an expression of the applicant’s personal opinion about Mr S. The applicant’s words were objectively not rude, vulgar or insulting. He had simply exercised his right to voice what he thought about another person, in purely neutral terms. To equate this with an insult would mean that only those who had a favourable opinion of Mr S. would be allowed to express it. In her view, the entire case had been sparked by the Prosecutor‑General’s vindictiveness. 17. In a judgment of 12 April 1995 the Sofia District Court found the applicant guilty as charged and sentenced him to a fine of 3,000 old Bulgarian levs (BGL) and to a public reprimand. The court held as follows: “The actus reus consisted of uttering words which were humiliating and disparaging for [Mr S.] in his presence. It is not disputed ... that the accused ... said in respect of [Mr S.] ‘For me he is not a clean person’. The expression has an insulting character, because it dishonours [Mr S.]. It contains a disapproval of his ethical and moral qualities, which is irreconcilable with his being in charge of the budgetary funds of the judiciary. In this fashion the personality of [Mr S.] and his authority in front of the other members of the [Supreme Judicial Council] were disparaged. ‘Not a clean person’ has only one interpretation, that the person concerned has a tainted consciousness and lacks morality. Even if this is the [applicant’s] personal opinion about the qualities of [Mr S.], the remark was aimed at affecting the honour and the dignity of [Mr S.]. Criticism ..., especially when it comes to the public manifestations of persons who represent state institutions, has to be consistent with the rules of society, ethics and the common rules of decency and morality. These must not be trampled on under the pretence that the personal opinion about another is a matter of perception and [represents the exercise] of the constitutional right to freedom of expression... It is unconstitutional and criminal to criticise in an insulting form, as in the case at hand... The offence was intentional... It was committed in public, in front of twenty‑five members of the Supreme Judicial Council and the deputy‑Minister of Justice. This increases the gravity of the offence, because the offensive words were heard not only by the victim, but also by a large group of persons... The fact that the [applicant] apologised to the victim after being invited to do so by the [Minister of Justice] does not remove the criminal character of his act or its harmful consequences. By uttering words which were humiliating for the victim, [the applicant] completed the offence and the harmful consequences arose. The derogation of the victim’s reputation was irreversible. The fact [that the applicant apologised] must, however, be taken into consideration for the purpose of assessing the gravity of the offence ... and for the purpose of sentencing. The defence’s argument that the [applicant’s] act was not criminal because it was in fact the expression of a personal criticism by a person exercising his freedom of expression ... cannot be sustained. The right to freedom of expression carries the duty, set out in Article 39 § 2 of the Constitution, not to exercise this right to the detriment of the reputation of another. The present case represents an abuse of this right, because the personal disproval of [Mr S.] which the [applicant] expressed publicly had a humiliating content. The negative opinion was expressed indecently, in an insulting and humiliating manner, which is contrary to the law. This implies that the [statement] was contrary to both Article 146 of the Criminal Code and Article 39 of the Constitution and Article 10 of the European Convention for Human Rights ..., which enshrine the right to freedom of expression, but in the bounds of decency, respect for the rights of every member of society, tolerance and respect for the reputation of the others...” 18. The applicant appealed to the Sofia City Court. His counsel again argued that the applicant’s remark had not been couched in offensive terms, that he had expressed his personal views in an entirely acceptable way and that a penalty imposed on him for having voiced an opinion ran counter to his freedom of expression. 19. The prosecution appealed as well, requesting an increase of the applicant’s sentence. 20. The Sofia City Court held a hearing on 27 November 1995. 21. In a judgment of 23 January 1996 the Sofia City Court dismissed the applicant’s and the prosecution’s appeals. It held, inter alia, as follows: “The [court below] correctly concluded that the [applicant’s] words had an insulting content. The expression was examined by the district court in accordance with the meaning which was put in it – a disapproval of the ethical and moral qualities of [Mr S.], which was incompatible with his being in charge of the budgetary funds of the judiciary; a disapproval aiming to impinge on the victim’s personal dignity. The [words] were analysed by the first‑instance court in view of their objective potential to impinge on the dignity of the victim, because they exceeded the bounds of ethical communication and the generally accepted rules of decency. The defence’s arguments ... that the [words] in issue were in fact the [applicant’s] personal opinion, the expression of which is protected by the rule of Article 39 of the Constitution, are unfounded. The district court was correct in concluding that the expression of a personal opinion about someone, even though a constitutionally protected right, should not exceed the bounds set out in paragraph 2 of [Article 39 of the Constitution]. In other words, the right to freely express one’s opinion may not be used to infringe the rights and reputation of another... In its reasoning the district court examined all arguments of the defence, relying on the courts’ constant case‑law under the Constitution and the European Convention for Human Rights. ...” 22. On 2 April 1998 the applicant lodged a petition for review with the Supreme Court of Cassation, claiming that the lower courts’ judgments were unfounded and in breach of the law. 23. On 27 April 1998 the Supreme Court of Cassation accepted the petition for examination and listed the case for hearing. 24. The court held a hearing on 10 June 1998. It heard the parties’ argument and reserved judgment. Prior to the hearing the applicant’s defence presented written observations, in which it argued that the lower courts’ judgments were unfounded and unlawful. In particular, the courts’ holding that the applicant’s words were offensive was arbitrary. On the opposite, they were not rude, vulgar or cynical, but completely neutral. The defence also reiterated its submissions in respect of the applicant’s right to voice personal opinions. 25. The Supreme Court of Cassation delivered its judgment on 8 July 1998, dismissing the petition in the following terms: “[The words] used by [the applicant] in the presence of [Mr S.] were humiliating and it cannot be accepted that this was in line with the rule of Article 39 of the Constitution, which guarantees to all Bulgarian citizens the possibility to express their personal opinion and criticise other persons. This possibility is subject to and dependent on the limitations of paragraph 2 [of this Article], according to which this right should not be used for impinging on the reputation of another. In the case at hand there has been an abuse of the right under paragraph 1 [of this Article], because the personal opinion, expressed by [the applicant] in respect of [Mr S.] has a disparaging content. The negative opinion is expressed in an indecent, insulting and humiliating manner... As such it falls under the prohibition of Articles 148 [and] 146 of the Criminal Code, because it not only goes against Article 39 § 1 of the Constitution, but also against Article 10 of the European Convention for Human Rights ... which enshrine the right to freedom of expression, but within the bounds of decency, respect for the rights of the person, tolerance, and protection of the reputation of the others. These rules are valid in all civilised and democratic societies. It is unconstitutional and criminally liable to ‘criticise’ in an insulting manner, as has been done in the case at hand. The words which were used had an insulting content, because they debased the victim’s dignity and his authority before the other members of the [Supreme Judicial] Council. They contained a disapproval of his moral and ethical qualities which is incompatible with his function as a person disposing with budgetary funds. What was said could be interpreted in one manner only: that the person in question has a tainted consciousness and lacks morality; it was aimed at impinging the honour and dignity of [Mr S.]. ...” 26. The applicant paid the fine on 9 May 1996. He was not publicly reprimanded and on 23 March 1999 a prosecutor of the Sofia District Prosecutor’s Office ordered that his sentence was not to be enforced because the relevant limitation period had expired.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

5. The applicant was born in 1972 and lives in Bielsko-Biała, Poland. 6. On 15 March 2000 the applicant was arrested by the police on suspicion of having committed homicide. On 16 March 2000 the Żywiec District Court (Sąd Rejonowy) ordered that he be detained on remand in view of the reasonable suspicion that he had committed the offence in question, the serious nature of that offence, the severity of the anticipated penalty and the need to secure the proper conduct of the investigation, in particular the process of obtaining evidence. 7. During the investigation the applicant’s detention was extended on several occasions. He filed numerous but unsuccessful applications for release and appealed, likewise unsuccessfully, against the decisions prolonging his detention. The applicant made repeated applications for release on personal grounds, submitting that he had to secure the care and well‑being of his 3 year old son. He also contested the reasonableness of the charge against him, maintaining that it was solely based on evidence from his common-law wife who was his alleged accomplice. 8. On 7 June 2000 the Bielsko-Biała Regional Court (Sąd Okręgowy) prolonged his detention until 15 September 2000. On 8 September 2000 it ordered that he be kept in custody until 15 December 2000. On 6 December 2000 it extended that period until 15 March 2001. The court reiterated the grounds originally given for the applicant’s detention. It also considered that the need to take further evidence from experts justified the continuation of that measure. 9. On 1 March 2001 the applicant, together with his common-law wife, was indicted on charges of homicide, attempted homicide, assault occasioning actual bodily harm, uttering threats, theft, burglary, fraud and illegally possessing explosives and dangerous substances before the Bielsko-Biała Regional Court. In all, 24 charges were brought against the applicant. The prosecution asked the court to hear evidence from 95 witnesses. 10. The Regional Court continually prolonged the applicant’s detention pending trial. On 7 March 2001 it extended his detention until 30 June 2001. 11. On 7 June 2001 the trial court dismissed the applicant’s request of 5 June 2001 to sever his case and assign it to a separate set of proceedings. It adjourned the hearing due to the absence of the co-defendant’s counsel. 12. Subsequently, the applicant’s detention was prolonged on 25 June and 26 November 2001. The court held that the grounds originally given for his detention were still valid. It stressed the strong likelihood that the applicant had committed the offences in question. 13. In the meantime, on 6 July 2001, the applicant had unsuccessfully challenged the composition of the court. 14. On 18 July 2001 he requested the trial court to appoint him a new legal aid counsel. 15. On 1 and 23 August 2001 respectively he requested the trial court to assign his case to a separate set of proceedings. Subsequently, at the hearing held on 6 September 2001 the applicant withdrew his motion. 16. The hearings scheduled for 19 September and 8 October 2001 had to be adjourned due to the co-defendant’s absence. Two other hearings were adjourned due to the absence of the judge rapporteur. 17. The trial court held further hearings: on 6 November 2001, 5 and 22 February 2002. In the meantime, the hearings listed for 15 November and 12 December 2001 were cancelled due to the illness of the judge. 18. Subsequently, as the length of the applicant’s detention reached the statutory time-limit of 2 years laid down in Article 263 § 3 of the Code of Criminal Procedure (Kodeks postępowania karnego), the Regional Court made 4 applications to the Katowice Court of Appeal (Sąd Apelacyjny), asking for the applicant’s detention to be prolonged beyond that term. The Court of Appeal granted those applications on 13 March 2002 (extending the applicant’s detention until 5 October 2002), on 2 October 2002 (extending his detention until 5 March 2003), on 26 February 2003 (prolonging that term until 31 May 2003) and on 21 May 2003 (ordering his continued detention until 31 August 2003). In all those decisions the Court of Appeal considered that the original grounds given for the applicant’s detention were still valid. 19. The applicant’s numerous applications for release and his appeals against the detention decisions were to no avail. 20. Between March and September 2002, the trial court listed 10 hearings. The applicant and his lawyer were present at all the hearings. During this period the applicant on several occasions refused to participate in the trial, on two occasions he challenged the composition of the court. He also requested the court to appoint him a new legal aid counsel and applied for his case to be assigned to a separate set of proceedings. All his motions were dismissed. In the meantime, the hearing scheduled for 17 May 2002 had been cancelled. The hearings listed for 12 and 13 June 2002 had likewise been cancelled due to the illness of the judge. 21. Further hearings were held on 2, 15 and 30 October, 14 and 28 November 2002. On 12 December 2002 the applicant refused to participate in the hearing due to his illness. The trial court proceeded with taking evidence and ordered that an expert opinion on the applicant’s health be obtained. 22. Subsequently, hearings were held on the following dates: 16 January, 12 and 27 February 2003. On 12 February 2003 the trial court acknowledged the delay in the proceedings and stated that it was caused by the particular complexity of the case and other obstacles which could not have been removed by the relevant authorities. 23. The hearing scheduled for 13 March 2003 had to be adjourned due to the applicant’s absence. Further hearings were held on: 8 and 17 April, 6, 7 and 28 May, 3 and 10 June 2003. The applicant and his counsel were present at the hearings. As of April 2003 the court had heard evidence from 85 witnesses. 24. On 12 June 2003 the Regional Court convicted the applicant as charged and sentenced him to life imprisonment. 25. On 24 June 2004 the Katowice Court of Appeal upheld the first‑instance judgment. 26. On 12 October 2004 the applicant lodged a cassation appeal.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

6. The applicants were born in 1952 and 1955 respectively and live in Iittala. 7. On 19 January 1994 they brought a private prosecution before the Turku Court of Appeal (hovioikeus, hovrätten) against some District Court judges, who had convicted them of malicious accusation in separate proceedings. The judges were charged with abuse of office as they had allegedly neglected to examine the case thoroughly, both as to the facts and as to the law. The applicants claimed damages from the State. 8. On 4 February, 30 March and 25 May 1994 respectively the court invited the responses of the defendant judges, the Ministry of Justice and the acting public prosecutor, the Chancellor of Justice to the application for a summons. The court received them on 15 March, 19 April and 9 June 1994 respectively. The defendants denied the charges and the State its liability for any damages. In September 1994, the Deputy Chancellor of Justice informed the Court of Appeal that he did not associate himself with the private prosecution. On 1 September 1994 the case was assigned to another judicial secretary of the court. On 15 November 1994 the court invited the applicants’ further comments and they were received on 15 December 1994. On 10 March 1995 the court held its deliberations, following which the draft judgment was circulated among the judges for their final consideration. On 13 September 1995 the court, finding that the defendant judges had not overstepped their powers when deciding the case before them, rejected the charges and the other claims. 9. On 13 November 1995 the applicants appealed to the Supreme Court (korkein oikeus, högsta domstolen), requesting an oral hearing. Alternatively, they requested that the case be referred back to the lower court and that it be directed to hold a hearing. On 11 December 1995 the case was assigned to a judicial secretary of the court, who reported on it to the judges on the bench on 27 March 1996. By its decision of 20 June 1996 the Supreme Court referred the case back to the lower court, as it considered that the case should not have been decided without an oral hearing. 10. On 25 June 1996 the case was restored to the Court of Appeal’s case-list. The case was assigned to a section of the court and to a judicial secretary on 23 July and 9 August 1996 respectively. The court held preparatory sessions on 31 January, 6 February, and on 5, 13 and 21 March 1997. On 20 May 1997 the Court of Appeal held an oral hearing and received oral evidence from the parties. The Deputy Chancellor of Justice confirmed that he did not associate himself with the private prosecution. On 23 November 1998 the court held its final deliberations in the case. On 1 December 1998 it gave judgment, finding that the defendant judges should not have convicted the applicants of malicious accusation. The Court of Appeal held that the judges had neglected their duties to examine thoroughly all aspects of the case, but it rejected the charges as it found that the neglect was only minor taken in the context of the proceedings as a whole. However, it found that the applicants were entitled to compensation due to the afore-mentioned wrongful conviction. The State was ordered to pay each applicant 30,000 Finnish marks (FIM; about 5,045 euros (EUR)) plus legal costs. All the parties appealed. 11. On 1 February 1999 the applicants among others lodged their appeals with the Supreme Court. On 20 May 1999 the case was assigned to a judicial secretary of the court. It held a preparatory meeting on 14 September 1999 following which it invited comments from the Ministry of Justice and the President of the Court of Appeal, which were received on 12 and 18 October 1999 respectively. Following a preparatory meeting on 3 November 1999 the court received the applicants’ comments in reply on 22 November 1999. The court deliberations were held on 1 December 1999. On 8 February 2000 the Supreme Court upheld the Court of Appeal’s judgment insofar as it had rejected the charges. However, the Supreme Court rejected also the claim for damages, as the judges had not acted in a negligent or careless manner. Thus, it found that the applicants were entitled neither to compensation nor to legal costs.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

9. The applicants’ dates of birth and their relationship to the five persons who were killed in the police operations described below are as follows: Hüseyin Erdoğan (1933) was the father and Sevgi Erdoğan (1956) was the wife of the late İbrahim Erdoğan. Esme Şimşek (1946) is the mother and Hüseyin Şimşek (1942) is the father of the late Yücel Şimşek. İsmail Hakkı Ilcı (1960) is the brother of the late İbrahim Ilcı. Nahit Özkaya (1962) is the brother of the late Cavit Özkaya. Mahmut Ali Eliuygun (1926) was the father and Necla Nurlu (1956) is the sister of the late Hasan Eliuygun. 10. On 12 July 1991 the police carried out operations against activist members of Dev-Sol (“Revolutionary Left”), an extreme left-wing armed movement, classified as a terrorist organisation by the Turkish judicial authorities, in four buildings located in different areas of İstanbul. Ten alleged members of Dev-Sol were killed during these operations. None of the police officers, who had been wearing helmets and bullet-proof jackets, was killed or injured. 11. In every case, the victims had been under surveillance for some time and the area was sealed off before the operation. According to some newspaper reports, the Minister of Internal Affairs at the material time had confirmed in a press statement that the victims had been under surveillance before the operations took place and that the operations had been co‑ordinated. 12. According to some of the newspaper reports, after the operations Mr Mehmet Ağar, Chief of the İstanbul Police, had congratulated the members of the police force who had taken part in the raids. 13. The purpose of the operations, according to the Government, had been to apprehend persons suspected of having been involved in terrorist activities and bring them to trial, and also to prevent possible terrorist attacks. 14. The police reports suggest that in each case several calls to surrender were made, to which the deceased replied by opening fire with guns and rifles. All the suspected terrorists were killed. No member of the police force was killed or injured in any of the four locations. The only person injured was a resident in one of the buildings. 15. Certain newspaper reports suggest that there were calls to surrender, while some others claim that no call to surrender was made. 16. According to the police reports, the deceased had been heavily armed; in each case the deceased had opened fire first; and in each location, guns and rifles of various sizes, bombs, hand grenades and material used for producing explosives were found. The Public Prosecutor’s reports confirmed the police reports in this respect. 17. The circumstances of the four operations, which were co-ordinated, were as follows: 18. According to the police reports, this apartment was the first to be raided, at 7.00 p.m. on 12 July 1991. 19. The police reports suggest that there was an armed clash for one and a half hours between police and those inside the building. Two alleged terrorists were killed by the police at this location, namely İbrahim Ilcı and Bilal Karakaya. A resident (I.G.) who had tried to run away from the scene of the incident was shot and wounded by the police. 20. The following details of the incident are given in the police reports: “In the course of the operations launched against the illegal Devrimci Sol organisation ... we proceeded with the duty police officers to the address in question to arrest the militants of the organisation. ... [A]fter taking the necessary measures... we went to flat No. 1 on the ground floor ... and knocked on the door. ... [A]s we were determining whether or not there was anyone inside, explosive materials were thrown from inside ... at the door at which we were waiting, and we officers withdrew and made calls to surrender and issued warnings to those inside. When it was observed that the people inside kept replying to our calls to surrender with hand grenades, and as it was observed that they had made a booby trap with explosive materials at the entrance, we made no attempt to enter the apartment. When securing the rear side of the building, we found a door opening onto the garden. This door was located in apartment no. 1. The building was surrounded, and the persons in the building were called on to give themselves up from the rear of the building as well. ... [T]he militants inside kept throwing hand grenades into the garden ... and it became impossible to approach the garden and the door behind the building ... The calls from behind the building were likewise answered with gunshots and hand grenades. Since this persisted, we returned fire. Since the militants in the building were continually throwing hand grenades into the garden and into the access area of the apartment, the people living in the other parts of the building were evacuated for their own safety, as we had reason to assume that there could be large quantities of explosives in the building. They resisted the calls to surrender for about one and a half hours, and with the aim of getting the militants, who kept throwing bombs and firing outside with guns, to leave the apartment, tear gas bombs were fired from a tear gas gun at the house from outside and we waited ... [B]ut when it was observed that the militants inside were not affected by the gas bombs and continued to throw bombs ... the security ring was tightened, a close armed combat took place with the armed‑organisation militants inside and the individuals were captured dead. ... When it was observed that there were large numbers of bombs inside the house ... bomb disposal experts were called. First they defused the booby traps on the doors in order to be able to enter and make a search ... [I]t was observed that there were guns and hand grenades in the hands of the individuals who were dead in the room and lounge with the pins attached to their fingers ... ... [A]fter the hand grenades still in the hands of the (dead) individuals had been taken by the bomb disposal experts under the control of the Şişli Deputy Public Prosecutor, the two militants observed to be dead were removed to hospital in an ambulance...” 21. The police reports also contain details of weapons found on the premises: “... during the searches made in the house, there was found a Colt pistol, serial no. 934900 and cartridge clip in the hand of one individual captured dead, a 1x 9 mm bore Browning pistol, serial no. 34142 beside the other corpse, and inside the room in various places a 1 x 9 mm Beretta pistol, serial no. 724027, a cartridge clip with bullets, a 1x 7.65 mm bore Belgian pistol, the writing on which was illegible and cartridge clips with bullets. [I]n the pistol and the pistol cartridge clips in the room in which the individuals were found, 13 Colt bullets, 61 GDCO 7.65 mm bore cartridges, 25 x 32 calibre MKE cartridges, 15 x 9 mm foreign-made cartridges, 2 x 7.65 mm empty cartridges and 1 x 25 mm bullet were found. In the vicinity of the room and in a specially equipped place beneath the room we found 67 cartridges of 9 mm and 556 cartridges, 5 deformed bullets, 7 silencers, one of them broken, 40 large-piece silencers, 104 smaller parts such as those used in the manufacture of silencers, as well as 13 hand grenades (industrial products), 7 offensive hand grenades with ready-made primer and triggering device, 1 TNT mould (industrial product), 1 English-type offensive hand grenade, 5 defensive hand grenades, 4 small-size TNT moulds, 1 offensive hand grenade (industrial product), 2 booby traps with walk-on triggering mechanism (industrial product), 9 pipe bombs (handmade) ready for detonation with fragmentation effect, 2 Sim explosion flashes, model DN 54 CA 79-2, 7 x 6 battery power packs, 5 ready-to-use electrical devices, 6 electronic devices such as are used in bomb manufacture, 17 electric primers, 100 ordinary primers, 200 electronic devices, 20 x 4.5 volt Varta batteries, 3 electronic alarm clocks, 5 chronometers, 5 electric watches, 9 calculators, 20 kg basic explosive termite material, 5 timer wicks, 300 metres of explosive fuse, 2 boxes of potassium chlorate of 100 kg each, 3 bomb casings of dimensions 30x30x30 cm, 7 metal containers for bombs of dimensions 20x20x20 cm, 40 kg aluminium powder for the manufacture of bombs, 30 bomb casings in the form of pipe castings, chemical materials, 2 detonating fuses, 5 fire-extinguisher cylinders, 1 notepad with handwritten details of the numbers and types of weapons and explosive materials of the organisation, handwritten organisation lists, ... large quantities of leaflets and publications bearing the organisation’s signature, forged identity papers, ...documents on the murder of Engin Kaya, who had been executed by the organisation as a traitor (confessor), further documents on the murder of three students who had been brought to Istanbul from Izmir Province and murdered, and empty 7.5 mm calibre cartridge cases. This room had been lined with fibreglass and foam material for soundproofing, which shows that the people murdered by the organisation had been interrogated and killed there...” 22. The autopsy report on İbrahim Ilcı states the cause of death as broken ribs and internal haemorrhage due to bullet wounds. No autopsy report on Bilal Karakaya was made available to the Court. 23. The police reports suggest that this was the second building to be raided, at 7.45 p.m. on 12 July 1991. They also suggest that there was an armed clash between the police and the alleged terrorists. 24. Cavit Özkaya and Hasan Eliuygun and three other alleged terrorists, Niyazi Aydın, Zeynep Eda Berk and Nazmi Türkcan, were killed at this address. 25. The following are the relevant details from the police reports: “... On the door of apartment no. 2, on the ground floor, there was a sign reading “ER-BEK Engineering Office”. After we had secured the vicinity and ascertained that there were persons in the apartment, we knocked on the door of the engineering office and called upon the persons inside the apartment to open the door for the police. The door was not opened. After a short silence shots were fired through the door from inside the apartment. Thereupon we moved away from the door and, when the officers who had been deployed to secure the vicinity had taken measures to protect themselves, the persons who had shot through the door were called upon to give themselves up and to come out one at a time with their hands above their heads. Then the persons in the building started shouting slogans ... The persons in the building were called upon several times to surrender... They were told that we would otherwise open fire. The persons in the apartment, whose precise number was not known, continued firing shots and shouting slogans. Then warning shots were fired from outside. When the persons in the building continued shooting even after the warning shots, some officers of the security forces put on bullet-proof vests and forced the door open. When the persons in the building fired shots at the security officers in the entrance, close combat ensued in the course of which the persons fell to the ground. After suitable measures had been taken, bomb disposal experts were allowed into the apartment, as it was thought possible that there could be booby traps in the apartment. A check performed on the persons lying on the floor revealed a corpse lying at the entrance on the left side of the apartment next to a long-barrelled pistol. In a room next to the kitchen four male corpses, with normal and long-barrelled pistols, were found. The pistols lay next to the corpses, where they had fallen ...” 26. The police reports (confirmed by the public prosecutor’s reports) contain details of weapons and other materials found on the premises: “After the bomb disposal experts had inspected the bombs found in the building and the duty public prosecutor, who had been notified in the course of the shoot-out, had arrived, a search was performed in the office and on the corpses ... The ensuing search of the apartment revealed material evidence and devices which were taken into the hallway and listed. We found : 1 pistol with silencer mounted, made 1949, serial number A-25332, make MAT, two magazines, one of which inserted in the pistol, the other in the reserve, 1 Kalashnikov machine gun, made 1970, serial number 3 N 4265, with associated magazine, 1 7.65 mm calibre pistol, Czech make Vizor, serial number B-76021, and associated magazine, 1 9 mm calibre pistol, make Star, serial number E-834168, 2 associated magazines, 1 x 14-shot Browning 9 mm calibre pistol, serial number T-364431, and associated magazine, 1 x 14-shot Browning 9 mm calibre pistol, no serial number, and associated magazine. Next to the persons found dead the following objects were found: 15 7.62 mm calibre cartridges, 20 7.65 mm calibre cartridges, 30 9 mm calibre cartridges, 207 empty 9 mm calibre cartridges, 6 empty 7.65 mm calibre cartridge cases, 13 9 mm calibre bullets, 17 empty 5.56 mm calibre cartridge cases and 10 bombs made from factory-marked pipe castings with a diameter of 5 cm and a length of 10 cm; 10 electric primers, 10 ordinary primers, 2 plastic bags containing 20 kg aluminium powder, ... 1 reel with about 100 m of yellow-coloured fuse. ... The following objects were found in the pockets: handwritten lists compiled by the militants of police stations, political party buildings, police officers, military officers, district attorneys, judges, and reports on private companies and secret intelligence reports on state institutions, sketches and plans drawn up in preparation for militant actions, reports on the activities of the militants in the organisation, large quantities of identity cards and driving licences, two photocopied police identity cards, pamphlets bearing the signature of the organisation, 1 walkie-talkie radio set, make Realistic, for listening in to police radio channels and 1 list of code numbers and frequency settings; one car registration plate was found in the presence of the duty public prosecutor ...” 27. The autopsy report on Cavit Özkaya gives his cause of death as an internal haemorrhage, broken shoulder blades and ribs, together with the perforation of internal organs resulting from bullet wounds. A private forensic pathologist who, at the request of the applicants, inspected the premises after the incident and examined the autopsy reports, commented that the only fatal wound to the front side of Cavit Özkaya was probably the last shot to the body and that it had been fired when the body was on a firm surface, such as the ground. According to the forensic pathologist, three of the fatal shots and two non-fatal shots indicated that the individual had been shot from behind. 28. The autopsy report on Hasan Eliuygun gives his cause of death as internal haemorrhage caused by bullet wounds. The report indicates that he was shot by five bullets. Five metal fragments also hit his body. No autopsy reports on the other three deceased were made available to the Court. 29. This was the third building, raided at 10.30 p.m. Two militants were killed at this address: İbrahim Erdoğan and Yücel Şimşek. The official report states that there was an armed clash with the people inside the building. 30. The following are some relevant details from the police reports: “... At the door of the lower basement it could be seen from the outside that a light was burning inside. Before ringing the doorbell the surrounding area was secured. When a team approached the door with the intention of checking the identity of any persons present and searching the room, shots were fired from the inside of the building to the outside, as the militants must have noticed that the surrounding area was being secured. Thereupon, for the safety both of the officers engaged in securing the surrounding area and of the officers standing in front of the door, in the name of the police, we called upon the militants who had fired the shots from inside the building to give themselves up. In reply to these calls, the militants inside the building answered with slogans like “government of murderers, the fascist police will not get us, ...” and kept on firing shots. This led to a shoot-out between us, the officers on duty, and the militants which went on for about 15 minutes. After the shooting ... the following was found: one of the militants was lying on the floor in the stairwell of the building, behind the door. He was holding a 14-shot gun in his hand. The other militant was lying in the room to the right-hand side of the stairwell. Next to him there lay a 7.65 mm calibre pistol. This is how the militants were captured. In case there was a primed bomb on any of these persons or in other rooms, the bomb disposal experts entered the apartment at once and checked in particular the persons lying on the floor. The check revealed that they were dead. The duty public prosecutor arrived at the scene. Then the corpses were taken to hospital in an ambulance...” 31. The police reports (confirmed by the public prosecutor’s reports) also contain details of weapons and other materials found on the premises: “Besides the weapons lying next to the dead militants, the following objects were found: on the left hand side of the room that apparently served as the living room 3 pistols were found. In the adjoining room large quantities of weapons, ammunition and other materials were found. Thereupon the search was continued. After all the objects ... found had been brought together, a list was drawn up: 1 sub-machine gun, make Uzi, serial number SA67188, calibre 9 mm and 2 magazines belonging to this pistol; 1 Beretta pistol, calibre 22, serial number M55554, with magazine; 1 Magnum Ruger 357 pistol, serial number 152-38150 and magazine; 1 Unig pistol, 7.65 mm, no serial number, with magazine; 1 Browning 9 mm pistol, serial number A-81875 and magazine, 1 Colt pistol, no serial number, with magazine, 11.25 mm; 1 Star 9 mm pistol, serial number A-757647 and magazine; 1 Unig pistol, 7.65 mm, local imitation, serial number 444444 and magazine; 1 Browning pistol, 7.65 mm, local imitation, serial 772 and magazine; 1 Browning pistol, 7.65 mm, local imitation, serial number 222 and magazine; 1 Ceska pistol, 7.65 mm, serial number 476087 and magazine; 1 Map pistol, calibre 7.65 mm, local imitation, and magazine; 1 pistol, 7.65 mm, local manufacture, serial number 2422 and magazine; 1 pistol, 7.65 mm, local imitation of Japanese type, no serial number and magazine; 1 pistol, 7.65 mm, local manufacture, serial number 4930 and magazine; 1 Browning pistol, 7.65 mm, no serial number, with silencer and magazine; 1 Lama pistol, 7.65 mm, serial number 17920 and magazine; 1 Maxim pistol, calibre 6.35 mm, serial number 983 and magazine; 1 Sley pistol, calibre 68; serial number 3006; 1 Reck gas pistol, calibre 68; 7 pistol magazines for various calibres; 2 silencers for pistols; 2 binoculars 8x56m makes Mater and ZEF; 550 cartridges, calibre 22 mm; 55 cartridges, calibre 9 mm. In the pistols and in boxes were found: 300 cartridges of calibre 7.62 x 51 mm; 50 cartridges of calibre 7.62; 12 cartridges of calibre 38; 34 hunting-rifle cartridges of various calibres; 3 magnum 357 cartridges. In the area of the shoot-out were found: 28 empty cartridge cases, 9 mm; 33 empty cartridge cases, 5.56 mm; 19 empty cartridges cases, 7.65 mm; 4 deformed bullets; 10 metres of fast fuse; 7 timers for manufacture of explosive devices; 1 gas mask; 200g of explosive material; 5 kg white explosive powder; 4 kg yellow explosive powder; 500g gunpowder; large quantities of medical material and packed medicines; large quantities of packed clothing, officers’ uniforms, police uniforms, 4 gun holsters, 1 set of handcuffs; two radio holders, 3 sleeping bags, 8 walkie-talkie radios of various makes, large quantities of publications belonging to the special warfare division; large quantities of signed pamphlets of the organisation and other publications, handwritten intelligence reports prepared by the militants...”. 32. The autopsy report on İbrahim Erdoğan gives his cause of death as internal bleeding due to bullet wounds and fractured skull and spinal column. The autopsy report described nine gunshot wounds to the body of İbrahim Erdoğan, of which six were to the back, five of them being jointly fatal. According to the autopsy report on Yücel Şimşek, his death occurred as a result of internal and external haemorrhage, destruction of the brain and skull and broken vertebrae caused by bullets and metallic parts of an explosive material. The report found that the two bullet injuries and four of the shrapnel injuries were of a jointly fatal quality, while the other shrapnel injuries were not of a fatal quality. 33. According to Professor Pounder, a forensic pathologist who, at the request of the applicants, inspected the premises after the incident, there was no evidence of an exchange of gunfire having occurred inside the apartment; the main room of the apartment shows evidence of a minimum of nine gunshots having been fired; all nine gunshots fired in the main room of the apartment were directed downwards towards the floor with a shooter-to ‑ target distance of about three metres or less; if a person was shot dead within the main room of the apartment, the evidence suggests that the person was on or close to the floor, within three metres of the shooter, and was not firing a weapon at the time of being shot. As to the injuries sustained by Yücel Şimşek, Professor Pounder expressed the view that the pattern of the four fatal shrapnel injuries implied that he was alive and upright at the moment they were inflicted and that he was thus already fatally injured at the time when he was hit by the two bullets. 34. The fourth raid took place at this location. One alleged terrorist, Ömer Coşkunırmak, was killed there. His death is not the subject of any application. 1. Complaint by Sevgi Erdoğan to the public prosecutor against the İstanbul Chief of Police and the police officers who participated in the operations 35. On 16 July 1991 the second applicant, Sevgi Erdoğan, filed a complaint with the Public Prosecutor of İstanbul. Her legal representatives claimed that, having regard to the use of grenades during the operation, the presence of explosive fragments found in the bodies of the deceased, the marks on the bodies which indicated that they had been shot at close range, the fact that the operation was carried out within a short space of time and the fact that all of the people living in the raided house had been killed, it was apparent that the security forces had aimed to kill these persons rather than to arrest them. It was further submitted that, as none of the members of the security forces had been injured, it was questionable whether there had really been any clashes. It was requested that criminal proceedings for murder be instituted against the İstanbul Chief of Police and the security personnel involved in the operation. 36. On 28 November 1991 the İstanbul Public Prosecutor’s Office referred the matter to the İstanbul Governor’s Office to obtain a decision as regards prosecution under the provisions of the Law on the Prosecution of Civil Servants. The İstanbul Provincial Administrative Council subsequently decided that there were no grounds for opening an investigation. No appeal was lodged against this decision. 37. In an indictment dated 25 February 1992, the Public Prosecutor of İstanbul charged nine policemen, in relation to the events in the three locations referred to in paragraphs 23 to 34 above, with unintentional homicide and causing death in a way which rendered the identification of the perpetrator impossible. The charges were brought under Articles 452 § 1, 463, 50 and 51 § 2 of the Turkish Criminal Code. 38. During the first hearing, which took place on 21 April 1992, the applicants Sevgi Erdoğan, Nahit Özkaya, Hüseyin Şimşek, Esme Şimşek and Mahmut Eliuygun applied to the court to intervene in the proceedings. In their statement to the court, the applicants submitted that, “apart from the so-called calls to surrender, there is no indication of either an intention or a willingness to arrest these people alive ... It is essential in this case to investigate whether or not the object of the operation was to arrest these people”. The Court granted their applications at hearings on 7 July and 15 September 1992. 39. Between 21 April 1992 and 16 June 1993 the defendants made their statements to the Court. Owing to the late appearance of some of the defendants, it took eleven hearings for the Court to complete the taking of oral evidence from all the defendants. 40. During the course of five hearings held between 23 September 1993 and 3 March 1994, the Court heard some twenty witnesses. 41. Between 1 June 1994 and 24 November 1994 the Court, at the request of the applicants’ legal representatives, adjourned the hearings several times for them to make their final submissions. 42. In a decision dated 8 February 1995 the Court found no grounds for imposing any punishment on the defendants. The Court referred to the evidence according to which the deceased had participated in various terrorist activities. It also noted the evidence showing that weapons and explosives had been discovered in the flats of the deceased and found it established that the deceased had been members of Dev-Sol. The court noted that it had not carried out an examination at the scenes of the various operations, as requested by the intervening parties, since there had been an initial examination and there was no purpose in any further examination having regard to the time which had elapsed since the events in question. The court held that, according to the oral evidence given by the witnesses, in all three operations the area had first been sealed off and the deceased given warnings many times by megaphone. According to some witnesses, the deceased had started shooting from the windows and the security forces had fired back. Some witnesses had stated that they could not tell clearly who had fired first. However, other witnesses confirmed that they had first heard shooting from the flats. The court therefore found it established that the police had given the necessary warnings and that, on being fired at, had started shooting back. It considered that, in all three cases, the defendants had acted in accordance with their orders and within the scope of their duties. It found that the acts of the accused had remained within the limits of legitimate self-defence. 43. An intervener, who is a relative of Zeynep Eda Berk who was killed during the operations, appealed against the decision to the Court of Cassation. 44. On 13 February 1997 the Court of Cassation dismissed the appeal and upheld the judgment. 45. These proceedings concerned the killing of İbrahim Ilcı and Bilal Karakaya during the police raid at the first location (see paragraphs 18-22 above). During the preliminary investigation these proceedings were severed from the proceedings relating to the three other locations and the case was referred to the Public Prosecutor of the Şişli District. The case was then referred back to the Public Prosecutor of İstanbul. 46. In an indictment dated 1 June 1994 the Public Prosecutor of İstanbul charged twelve police officers with intentional homicide and causing death in a way which rendered the identification of the perpetrator impossible. The charges were brought under Articles 450 § 5, 463, 281, 31, 33, 49 §§ 1‑3 and 50 of the Turkish Criminal Code. 47. Between 1 June 1994 and 21 February 1995 all the defendants gave their statements to the İstanbul Criminal Court. 48. At a hearing on 29 June 1995 the legal representative of the applicant İsmail Hakkı Ilcı, brother of the late İbrahim Ilcı, requested to intervene in the proceedings. At a hearing on 21 September 1995, the court ordered the submission of documents indicating the family relationship between İsmail Hakki Ilcı and İbrahim Ilcı. 49. In a judgment of 13 November 1997 the İstanbul Fourth Assize Court acquitted the police officers charged with the killing of İbrahim Ilcı and Bilal Karakaya. The Assize Court noted that, while the defendants had been performing their duties, the deceased had started firing at them and that the defendants had fired back in self-defence. The court found that there were no grounds for imposing any punishment on the defendants 50. On 23 February 1999 the Court of Cassation upheld this judgment. It rejected the applications’ allegations that the killings in this case had been extra-judicial. The evidence showed that the defendants had fired back in self-defence while performing their official duties, and had acted to protect their own lives and the lives of others.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

6. The applicant was born in 1950 and lives in Aydın. 7. The applicant was arrested in Nusaybin on 8 July 2001 by the Prevention of Terrorism Department of the Nusaybin Security Directorate, on suspicion of aiding and abetting the PKK[1]. 8. On the same day the applicant signed a form whereby his rights as a detainee were explained to him. The form included his right to inform one of his relatives about his detention and his right to request the assistance of a lawyer. 9. According to the custody records (nezaret kayıt defteri), the police informed the husband of the applicant’s sister about his detention. Moreover, it was noted in these records that the applicant did not request the assistance of a lawyer. 10. During his interrogation by the police officers at the Nusaybin Security Directorate, the applicant confessed in detail to his involvement in the activities of the PKK. According to the interrogation minutes dated 9 July 2001, drafted by the police and signed by the applicant, he was informed of his right to have access to legal assistance of one or more lawyers at any stage and level of the investigation. 11. On 10 July 2001 the applicant was transferred to the Prevention of Terrorism Department of the İzmir Security Directorate, for further questioning. 12. On 11 July 2001, upon the request of the İzmir Security Directorate, the İzmir Public Prosecutor authorised the applicant’s detention in police custody until 13 July 2001. 13. On 13 July 2001, during his questioning by the İzmir Public Prosecutor at the State Security Court, the applicant described the work that he carried out for the PKK. He confessed that he was working as a courier for the members of the organisation who were in prison. On the same day the applicant was brought before the İzmir Magistrate’s Court. He denied his statement given in Nusaybin Security Directorate, as he alleged that he had signed it under duress. He confirmed his statement given before the public prosecutor. The magistrate’s court ordered his detention on remand. 14. On 14 August 2001 the İzmir Public Prosecutor at the State Security Court filed a bill of indictment charging the applicant with membership of a terrorist organization, the PKK, and with assisting and abetting the said organisation, contrary to Articles 169 of the Turkish Criminal Code and Article 5 of the Prevention of Terrorism Act of 12 April 1991. Before the İzmir State Security Court, the applicant was represented by his lawyer. 15. On 19 September 2002, the court convicted the applicant under Article 168 § 2 of the Criminal Code and sentenced him to twelve years and six months’ imprisonment. The court held that during his questioning by the police and the public prosecutor, the applicant had described his involvement with the activities of the PKK. Moreover, although in his statements given during the hearings he had claimed that he was not a member of the PKK, he had explained in detail his involvement with the activities of the organisation. Moreover, the other accused had also confirmed the fact that the applicant took new members of the organisation to the east of the country to join the guerrilla fight carried out in the mountains and acted as a courier for PKK members who were in prison. 16. On 4 March 2003 the Court of Cassation upheld the decision of 19 September 2002.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

6. The applicants, all of whom are Moldovan citizens, live in the Republic of Moldova. They were born in 1961, 1946, 1939, 1946, 1946 and 1951 respectively. 7. In 1994 each applicant concluded a contract with ASITO (an insurance company incorporated in Moldova), according to the terms of which he or she paid an insurance premium in exchange for an annuity pension. The size of the monthly pensions varied between 200 Moldovan lei (MDL) and MDL 600 (between the equivalent of 45 United States dollars (USD) and USD 135 at the time). 8. On different dates between 1999 and 2001 ASITO stopped paying the pensions, in some cases, or refused to start paying them, in other cases, invoking a change in the interest rate of the National Bank of Moldova and calling for the termination of the contracts. 9. On unspecified dates in 2001, the applicants brought civil actions against ASITO, seeking the payment of the pension arrears to date and requiring the company to abide by the contracts of 1994. 10. All the applicants obtained final and enforceable judgments between 2001 and 2002, by which the domestic courts ordered ASITO to pay the pension arrears and to resume the execution of the contracts. The courts found the contracts to be valid and dismissed ASITO’s requests to terminate them or to exempt it from abiding by them on the ground of force majeure, which in ASITO’s view was constituted by the economic crisis, inflation and the change in the interest rate of the National Bank of Moldova. The Court was not presented with information on whether those judgments were complied with by ASITO. 11. On 14 December 2001 the Prosecutor General lodged an “appeal in the interest of the law” with the Supreme Court of Justice. According to the Prosecutor General, the appeal had the purpose of clarifying the controversy surrounding the contracts and of setting a uniform practice for all courts. 12. On 11 March 2002, the Plenary Supreme Court of Justice issued a judgment deciding the dispute between ASITO and the pension beneficiaries in favour of the former. In particular, it ruled that the economic crisis, inflation and the change in the interest rate of the National Bank of Moldova could be relied upon by ASITO in order unilaterally to avoid the annuity contracts. It also ruled that its judgment was binding on all the courts, although it could not, however, affect already existing judgments and it could not be used against the parties to proceedings which had already been decided. 13. Subsequently, on different dates, ASITO brought civil actions against the applicants asking for the termination of the contracts concluded in 1994. It relied on the same arguments as in the first sets of proceedings and also the judgment of the Plenary Supreme Court of 11 March 2002. 14. Between December 2002 and June 2003 ASITO obtained final favourable judgments against all the applicants. The courts dismissed the applicants’ submissions to the effect that the matter of the unilateral denunciation of the contracts by ASITO on grounds of hardship had already been resolved by final judgments and found instead that the subject matter of the proceedings which had ended in final judgments favourable to the applicants had been different, because those proceedings had been concerned with the enforcement of the annuity contracts up to the moment of their termination, while the subject matter of the new proceedings was the termination of the contracts. 15. On 25 October 2004, after the Court communicated the present cases to the Government, the Plenary Supreme Court of Justice upheld a revision request lodged against its judgment of 11 March 2002 by a group of ASITO pensioners who are not applicants in the present cases. The Supreme Court quashed its previous judgment while finding inter alia that ASITO could not rely on the economic crisis, inflation and the change in the interest rate of the National Bank of Moldova for avoiding its annuity contracts.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

4. The applicant was born in 1957 and lives in Ács, Hungary. 5. In April 1993 criminal proceedings were instituted against the applicant and his accomplices on charges of counterfeiting money and of other offences. 6. On 6 December 1994 a bill of indictment was preferred. 7. The Tatabánya District Court held hearings on 20, 21 April, 9 May and 13 June 1995. On the latter date it ordered that the investigation be resumed. The time-limit for the completion of the investigation was prolonged on 7 September and 27 October 1995, and also at the hearings on 7 December 1995, 4 June and 13 November 1996. Simultaneously, legal assistance was being sought from the Slovak authorities. 8. Further hearings took place on 17 April, 7 October, 13 November and 11 December 1997. At the hearing on 22 January 1998 the case against two co-defendants was separated since they were abroad. Another hearing was held on 29 January 1998. 9. On 4 February 1998 the District Court convicted the applicant of abuse of explosives and sentenced him to ten months’ imprisonment, suspended for two years. 10. On 20 March 2000 the Komárom-Esztergom County Regional Court quashed this judgment, essentially for procedural shortcomings, and remitted the case. It ordered that the case be given priority. 11. In the resumed proceedings the case fell within the Regional Court’s jurisdiction acting at first instance due to a legislative change. 12. The Regional Court held hearings on 7 February and 26, 27 and 28 June 2001. On the latter date it appointed a medical expert. A further hearing was held and another expert appointed on 27 September 2001. 13. Additional hearings took place on 1 March, 12 April, 30 August, 22 November and 20 December 2002. 14. After further hearings on 22 January, 25 February and 9 May 2003, on 22 May 2003 the court convicted the applicant of abuse of explosives and sentenced him to eight months’ imprisonment, suspended for one year. For the applicant, the judgment became final on the same day.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

4. The applicant was born in 1928 and lives in Budapest. 5. In the context of a real estate dispute, the applicant and her late husband brought an action before the Buda Surroundings District Court apparently in July 1987. The action concerned their claim to possess part of a disputed real estate and their request that the relevant land registry entry be rectified. 6. On 20 November 1996 the District Court gave a partial decision as to the boundaries of the disputed land. As regards the land registry entry, the District Court ordered that this question be severed and dealt with by the Administrative Chamber of the District Court. 7. On 23 September 1997 the Pest County Regional Court suspended the appellate proceedings concerning the partial decision, pending the proceedings before the Administrative Chamber of the District Court. The latter held hearings on 7 October and 2 December 1997 and 27 January 1998. On that date it rejected part of the action and suspended the examination of another aspect of the case. 8. Meanwhile, the applicant and her late husband filed an application (no. 26209/95) with the European Commission of Human Rights (“the Commission”) complaining in essence about the protraction of the proceedings. On 21 May 1997 the application was declared partly admissible. On 9 December 1997 the First Chamber of the Commission adopted its Report under former Article 28 of the Convention, observing that the parties had concluded a friendly settlement. 9. On 22 June 1998 the Pest County Regional Court dismissed the plaintiffs’ appeal against the decision of 27 January 1998. On 14 June 1999 the Supreme Court dismissed their petition for review. 10. Following the subsequent adjudication of the question whose examination had been suspended on 27 January 1998 – in those proceedings the Regional Court held a hearing on 18 June 2001 and gave judgement on 25 June 2001 – the proceedings resumed in their part suspended on 23 September 1997. 11. The Regional Court held hearings on 9 May, 13 June and 1 October 2002. On 22 October 2002 it accepted the plaintiffs’ claims and ordered the land registry to restore the original situation. On 20 March 2003 it rejected the plaintiffs’ request for rectification. 12. In the resumed administrative proceedings, on 7 July 2004 the Buda Surroundings Land Registry refused to restore the original situation, observing that this was impossible because of the physical and legal changes concerning the disputed land in the meantime. 13. On 10 December 2004 the Pest County Land Registry dismissed the applicant’s administrative appeal. 14. On 24 January 205 the applicant brought an action for judicial review. A first hearing was scheduled by the Regional Court for 15 September 2005.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}

4. The applicant was born in 1967 and lives in Diósd. 5. On 25 February 1994 the applicant brought an action in the Ráckeve District Court for the division of the common ownership of a house. She requested that the case be given priority. 6. The court held hearings on 28 April, 7 October 1994 and 16 February 1995. On 7 March 1995 it appointed two experts. Further hearings took place on 18 September, 8 December 1995, 25 April and 28 June 1996. 7. On 5 July 1996 the District Court gave judgment. 8. On appeal, the Pest County Regional Court held hearings on 20 February and 9 October 1997. On the latter date it suspended the proceedings pending the determination of a preliminary question. On 26 May 1998 it quashed the first-instance decision and remitted the case to the District Court, instructing it to arrange for the owner of the real property in question, a minor, to join the proceedings. On 7 October 1998 a guardian ad litem was appointed to this end. On 2 December 1998 the owner joined the proceedings. 9. In the resumed proceedings, hearings took place on 25 February and 19 April 1999. On 10 April 2000 the applicant’s lawyer urged that a hearing be scheduled. On 13 June 2000 a hearing took place and experts were appointed. 10. On 7 September 2000 several other defendants joined the proceedings. On 12 September 2000 the court held a hearing and ordered an on-site inspection. This took place on 6 November 2000. The expert’s opinion reached the court on 4 December 2000. 11. At the hearing on 30 January 2001, an elaboration of the opinion was ordered. Further hearings took place on 13 March, 24 April, 22 May 2001 and 10 January 2002. 12. At the hearing on 25 June 2002 the court decided to appoint another expert. This expert was appointed on 12 July and his opinion obtained on 30 November 2002. The hearing scheduled for 11 February 2003 was adjourned because the expert was indisposed. 13. On 11 March 2003 some of the defendants gave better particulars of their counterclaims. On 3 December 2003 they were instructed further to specify their claims. On 30 January 2004 their motion for bias was dismissed. On 18 February 2004 the court again instructed them further to specify their claims. 14. On 20 April 2004 the court dismissed the counterclaims as unsubstantiated. This decision was quashed by the Regional Court on 23 September 2004. 15. On 1 December 2004 the court partly discontinued the proceedings concerning certain defendants. 16. On 15 February 2005 the court held a hearing and delivered a partial decision concerning an ancillary question. On 22 September 2005 the Regional Court upheld the partial decision. 17. The case, in its part concerning the principal issue of the dispute, is still pending before the first instance court.

{'10': 0, '11': 1, '12': 2, '13': 3, '14': 4, '15': 5, '17': 6, '18': 7, '2': 8, '3': 9, '34': 10, '38': 11, '39': 12, '4': 13, '46': 14, '5': 15, '6': 16, '7': 17, '8': 18, '9': 19, 'P1-1': 20, 'P1-2': 21, 'P1-3': 22, 'P12-1': 23, 'P3-1': 24, 'P4-2': 25, 'P4-4': 26, 'P6-3': 27, 'P7-1': 28, 'P7-2': 29, 'P7-3': 30, 'P7-4': 31, 'P7-5': 32}

{0: '10', 1: '11', 2: '12', 3: '13', 4: '14', 5: '15', 6: '17', 7: '18', 8: '2', 9: '3', 10: '34', 11: '38', 12: '39', 13: '4', 14: '46', 15: '5', 16: '6', 17: '7', 18: '8', 19: '9', 20: 'P1-1', 21: 'P1-2', 22: 'P1-3', 23: 'P12-1', 24: 'P3-1', 25: 'P4-2', 26: 'P4-4', 27: 'P6-3', 28: 'P7-1', 29: 'P7-2', 30: 'P7-3', 31: 'P7-4', 32: 'P7-5'}