5.  The applicant was born in 1938 and lives in Shuya in the Ivanovo Region. 6.  The applicant is a holder of 1982 State premium loan bonds (облигации Государственного внутреннего выигрышного займа 1982 года) having a total nominal value of 19,845 “promissory roubles” (see paragraph 17 below). 7.  In 1982, the USSR issued a State internal premium loan to finance certain State programmes (see paragraph 13 below). According to the conditions of the loan, individuals could invest their money in State premium bonds and redeem them at any time during the term of the loan with interest at three per cent per annum. The term of the loan was fixed at twenty years. In that period, 160 State-organised draws were to be held in which some bonds would win cash prizes. 8.  In 1992, the Government of the Russian Federation acknowledged its succession in respect of the obligations of the USSR under the 1982 loan and suspended payments under the 1982 State premium bonds (see paragraph 14 below). 9.  Between 1995 and 2000, a series of Russian laws was adopted which provided for conversion of Soviet securities, including the 1982 loan bonds, into special Russian promissory notes (see paragraphs 16 to 20 below). The Government was mandated to devise a procedure for the conversion and fix the value of the promissory notes. Although a regulation on the conversion was adopted in 2000 (see paragraph 21 below), the actual conversion did not start and application of the regulation has remained suspended to the present day (see paragraph 22 below). 10.  In early 2002, the applicant wrote to the Ministry of Finance to inquire about possibilities and time-limits for converting his 1982 bonds into Russian promissory notes. By a letter of 27 April 2002, a deputy director of the Internal Debt Department confirmed to the applicant that his bonds should be converted into the Russian promissory notes in accordance with the Savings Protection Act. The deputy director went on to explain why the conversion had not yet been possible:
“Section 10 of the [Conversion Procedure] Act provides that the procedure for calculating the interest accrued on the Russian promissory notes and the procedure for servicing the [internal] debt would be set out in a special federal law, which has not yet been enacted. In this connection, actual payments in [Russian] roubles under the promissory notes – as provided in the [Conversion Procedure] Act – cannot be made and the determination of the value of the ['promissory rouble'] would be of no practical significance since its application has not yet been defined by the legislator.
...
Once the legislation on the procedure for calculating the interest and the debt-servicing procedure has been adopted, the Ministry of Finance will make the necessary arrangements for the conversion of USSR securities... into promissory notes and the servicing of them; it will also launch an open tender for selection of the conversion agent ...” 11.  In November 2002 the applicant brought proceedings before the Supreme Court of the Russian Federation challenging the Government for inactivity and failure to put the redemption programme into effect. 12.  On 4 December 2002 the Supreme Court refused to examine the applicant's claim. It found as follows:
“By virtue of the constitutional principle of separation of powers, the court may not, in civil proceedings, require the Government of the Russian Federation to enact a specific legal act if the law does not explicitly set out the duty of the Government to adopt appropriate regulation; the claim may not be accepted for examination by the court.”


4.  The applicant, who is of Serbian origin, was born in 1950 and lives in Innsbruck, Austria. 5.  On 29 July 1987 the Sisak Regional Office of the Croatian Pension Fund (Hrvatski zavod za mirovinsko osiguranje, Područna služba u Sisku – “the Regional Office”), after finding that due to her illness the applicant’s ability to work had been reduced (smanjena sposobnost za rad), issued a decision awarding her the right to reduced working hours (pravo na rad s polovicom radnog vremena). On 15 October 1987 she was also awarded compensation for the loss of salary resulting from the reduced working hours (pravo na naknadu osobnog dohotka zbog rada sa skraćenim radnim vremenom). 6.  The applicant had been receiving this compensation until September 1991 when she was forced to quit her job and leave Petrinja as the town was taken by the occupying forces. She settled in Zagreb as an internally displaced person. 7.  The applicant submitted that she had instituted administrative proceedings before the Regional Office with a view that the payment of compensation for her reduced ability to work be resumed, by making a request to that end on 17 October 1991. The Government submitted that the applicant had done so only on 12 June 1995. 8.  On 20 September 1995 the Regional Office decided to discontinue the administrative proceedings instituted by the applicant’s request. 9.  Following an appeal by the applicant, on 29 January 1996 the Central Office of the Croatian Pension Fund (Hrvatski zavod za mirovinsko osiguranje, Središnja služba – “the Central Office”) quashed the first-instance decision and remitted the case to the Regional Office. 10.  In the fresh first-instance proceedings, on 28 June 1999 the Regional Office issued a decision abolishing the applicant’s right to compensation for reduced ability to work as of 21 September 1991. The applicant appealed. 11.  On 29 October 1999 the Central Office dismissed the applicant’s appeal and upheld the first-instance decision. 12.  On 7 December 1999 the applicant brought an action in Administrative Court (Upravni sud Republike Hrvatske) contesting the second-instance decision. 13.  On 14 November 2002 the Administrative Court quashed the Central Office’s decision of 29 October 1999 for incomplete facts. 14.  In the fresh appellate proceedings, on 6 February 2003 the Central Office quashed the first-instance decision of 28 June 1999 and remitted the case to the Regional Office. 15.  In the fresh first-instance proceedings, on 23 July 2003 the Regional Office restored the applicant’s right to compensation for reduced ability to work and decided that its payment should be resumed as of 1 July 1995. On 18 August 2003 the applicant appealed, arguing that she should also be paid the outstanding instalments of compensation for reduced ability to work in the period before 1 July 1995. 16.  On 6 May 2004 the Central Office dismissed the applicant’s appeal and upheld the first-instance decision of 23 July 2003. 17.  On 29 June 2004 the applicant brought her second action in the Administrative Court challenging the second-instance decision of 6 May 2004. 18.  On 25 January 2007 the Administrative Court again quashed the contested decision for incomplete facts. 19.  In the fresh appellate proceedings, on 17 May 2007 the Central Office quashed the first-instance decision of 23 July 2003 and remitted the case to the Regional Office. 20.  In the fresh first-instance proceedings, on 4 September 2007 the Regional Office adopted a new decision and dismissed the applicant’s request for payment of compensation for reduced ability to work in the period prior to 1 July 1995. The applicant appealed on 10 October 2007. 21.  On 29 November 2007 the Central Office quashed the first-instance decision of 4 September 2007 and remitted the case to the Regional Office. 22.  As in the fresh first-instance proceedings the Regional Office did not issue a new decision within the statutory time-limit of sixty days, on 4 March 2008 the applicant lodged an appeal for failure to respond (žalba zbog šutnje administracije) with the Central Office. 23.  On 13 May 2008 the Central Office allowed the applicant’s appeal for failure to respond of 4 March 2008 and ordered the Regional Office to issue a decision in her case within thirty days. 24.  On 16 July 2008 the Regional Office issued a decision dismissing again the applicant’s request for payment of compensation for the period prior to 1 July 1995. The applicant appealed on 12 August 2008. 25.  On 1 October 2008 the Central Office dismissed the applicant’s appeal and upheld the first-instance decision of 16 July 2008. 26.  On 1 December 2008 the applicant brought another action in the Administrative Court. She contested the decision of the Central Office of 1 October 2008. 27.  On 10 June 2009 the Administrative Court dismissed the applicant’s action. 28.  On 19 August 2009 the applicant lodged a constitutional complaint with the Constitutional Court (Ustavni sud Republike Hrvatske) against the Administrative Court’s judgment. 29.  On 16 March 2011 the Constitutional Court declared inadmissible the applicant’s constitutional complaint. It found that the applicant had not substantiated her complaint by any constitutional law arguments but had merely repeated the arguments raised in the proceedings before the Croatian Pension Fund and the Administrative Court. Therefore, the Constitutional Court had been unable to examine the merits of her constitutional complaint.


5.  The applicant was born in 1983 and is currently serving a sentence of imprisonment in Berdychiv Prison no. 70. 6.  At the time of the events the applicant had four criminal convictions for theft, in particular. He had been released from prison in October 2007. 7.  From January 2008 onwards, a number of armed robberies and thefts were committed in the Kyiv and Vinnytsia regions. 8.  On 16 July 2008 the Vinnytsia Police Department for Combating Organised Crime, having received some preliminary reports concerning the possible involvement of the applicant in the aforementioned crimes, arrested him together with his brother and an acquaintance. The police approached them when they were in a car at a fuel station. They attempted to flee, but without success. The police broke the side window and, having overcome the resistance of those inside, took them out by force and handcuffed them. Two passers-by witnessed this and gave written explanations to that effect to the police, in which they confirmed the above. 9.  Several guns, gas sprays, some jewellery and several pairs of gloves were found in the car. 10.  The officers wrote a report stating that the detainees had demonstrated manifest disobedience to their orders and had attempted to escape, in response to which martial arts techniques had been practised and handcuffs had been applied to them. The report noted that no firearms had been used. 11.  On the same day, 16 July 2008, the applicant confessed to several counts of theft and robbery. He also wrote a note stating that he had no complaints against the police and that no physical or psychological coercion had been applied to him. 12.  On 17 July 2008 the police drew a report on an administrative offence (a minor offence under Ukrainian legislation) committed by the applicant. It stated that during his arrest he had manifested malicious disobedience to a lawful order given by police officers in breach of Article 185 of the Code of Administrative Offences (see paragraph 67 below). 13.  On the same day the applicant wrote a statement to the effect that during his arrest he had resisted the police and had tried to escape and that he regretted his behaviour. 14.  Still on that day the Zamostyanskyy District Court of Vinnytsia (“the Zamostyanskyy Court”) found the applicant guilty under Article 185 of the Code of Administrative Offences and sentenced him to ten days’ administrative detention commencing at 11:20 a.m. on 16 July 2008. 15.  It appears from the material in the case file (see paragraph 42 below) that on 17 July 2008 the applicant was examined by doctors after his admission to the Vinnytsia Temporary Detention Facility (ITT). The examination revealed scratches and bruises on his right shoulder. No complaints or requests for medical assistance from the applicant were recorded. 16.  On 16, 17, 18, 19 and 22 July 2008 the applicant confessed to numerous counts of theft and robbery committed in the Vinnytsia and Kyiv regions. All his confessions were accompanied by written statements by the investigator co-signed by the applicant to the effect that the latter had had his rights explained to him. Furthermore, each confession was accompanied by a written waiver by the applicant of his right to legal assistance. 17.  On 25 July 2008 the investigator detained the applicant on suspicion of banditry, numerous counts of theft and armed robbery, money laundering, hooliganism, and illegal arms possession and handling. The applicant signed the report and stated that he agreed with his detention. 18.  On 25 and 26 July 2008 the applicant confessed to some other episodes of theft and robbery. 19.  On 26 July 2008 he was examined by a general practitioner on duty in Central Vinnytsia City Hospital no. 2. The applicant did not raise any complaints and the examination did not reveal any injuries or pathologies. 20.  On the same day the applicant was transferred to Vyshgorod in the Kyiv region, where he was detained till 7 August 2008 in the local temporary detention centre (the “ITT”) described by him as a metal cage in the police station. 21.  On 28 July 2008 the Zamostyanskyy Court remanded the applicant in custody as a preventive measure pending trial. 22.  On 30 July 2008 the applicant had his chest X-rayed in a tuberculosis dispensary, with no anomalies having been revealed. 23.  On 2, 3, 4, and 5 August 2008 he reiterated his earlier confessions and confessed to yet more crimes. Like before, all those confessions were accompanied by written confirmation of the explanation to the applicant of his rights and by the applicant’s waiver of his right to a lawyer. 24.  On 7 August 2008 the applicant was taken to the Brovary Town Police Department in the Kyiv region. He underwent a standard initial medical examination there. As noted in the respective journal, he raised no complaints and the examination revealed no bruises, lice or scabies. 25.  On 14 August and on 2 September 2008 the applicant again reiterated his confessions and waived his right to legal representation. 26.  On 3 September 2008 an ambulance was called for him. This was recorded as entry no. 370 in the medical assistance journal. The copy of the journal provided to the Court by the Government ends at entry no. 369. No further information is available concerning the applicant’s condition on 3 September 2008 (see also paragraph 57 below). 27.  On 9 September 2008 an ambulance was again called for the applicant. According to a memo issued by the governor of the Brovary ITT on 27 October 2008, this was done in response to the applicant’s complaining of headache. 28.  According to the applicant, on 11 September 2008 he complained to the Brovary Town Prosecutor’s Office about his ill-treatment, but his complaint remained without response. 29.  On 11 September 2008 the applicant was transferred from Brovary to Vyshgorod. It appears from the material in the case file (see paragraph 42 below) that he was examined by a doctor at his arrival in the Vyshgorod ITT. Some bruises on his shoulders, an abrasion on his right temple and an abrasion on his right elbow were documented. According to the examination report, the applicant raised no complaints and did not seek medical assistance. 30.  On 16, 22 and 26 September 2008 the applicant reiterated his earlier confessions and confessed to yet more crimes. He also signed reports confirming that his rights had been explained to him and waived his right to a lawyer. 31.  On 25 September 2008 the applicant refused to accept a food parcel from his parents handed to him by the Vinnytsia ITT administration. As confirmed by notes written by the applicant’s cell mates, he did so because the cigarettes and the food had been cut into small pieces. The applicant refused to sign any report or write any explanation. 32.  On 30 September 2008 the pre-trial investigation was declared complete and the case was referred to court for trial. 33.  On 7 October 2008 the applicant complained to the Vinnytsia Regional Prosecutor’s Office that from 16 to 26 July 2008 he had been ill-treated by the police in the Vinnytsia ITT. The alleged ill-treatment included being beaten, strangled with a plastic bag and suspended from an iron bar. The applicant also submitted that he had received the threat that, if he did not confess, his brother would be imprisoned for life on a false charge of murder. Accordingly, the applicant contended that he had been coerced into signing numerous confessions and waivers of legal assistance. He further complained that from 26 July to 7 August 2008 his ill-treatment had continued in the Vyshgorod ITT. He noted that, although his parents had hired a lawyer for him, he had continuously been forced to waive his right to legal assistance. Lastly, the applicant complained about having suffered psychological pressure and humiliations from the Brovary ITT personnel from 7 to 30 August 2008. He noted that his complaint to the Brovary Prosecutor had been without reply. 34.  On 13 October 2008 the applicant complained to the Vinnytsia Regional Police Department about the attitude of the Vinnytsia ITT personnel towards him, which he considered humiliating. He referred, in particular, to the incident with the food parcel of 25 October 2008. 35.  On an unspecified later date the chief of the aforementioned police department issued an internal inquiry report stating that no food parcels for the applicant had been received during the period of his detention in the ITT from 16 to 30 July 2008 and that the applicant had been arrogant and rude to the administration. 36.  On 14 October 2008 the investigator of the Vinnytsia police department dealing with the applicant’s case gave written explanations to the regional prosecution in respect of the applicant’s allegations of ill-treatment. He submitted that the applicant and those detained as his accomplices had given their confessions and waived their right to a lawyer in a voluntary manner. Since legal representation was not mandatory in the circumstances, those waivers had been accepted. The other police officers concerned gave similar explanations. 37.  On 15 October 2008 the applicant complained to the Minister of the Interior that he had been subjected to various kinds of ill-treatment and humiliation in all the detention facilities. He alleged, in particular, that on 11 September 2008 he had been ill-treated by the Vinnytsia police officers for about eight hours and that his ill-treatment had included beatings, strangling with a plastic bag, hanging from an iron bar and the insertion of a baseball bat into his anus. The applicant also submitted that the Vinnytsia police had failed to deliver a food parcel to him, had extorted a bribe from him and had not allowed him to see the lawyer contracted by his parents. 38.  On 18 October 2008 ‒ in response to the applicant’s complaint of ill-treatment ‒ the Vinnytsia Regional Prosecutor’s Office issued a ruling announcing its refusal to institute criminal proceedings against the police officers of the local police department. The officers concerned had been questioned and had contested the applicant’s allegations as untruthful. As noted in the ruling, there was no indication that the applicant had sustained any injuries or that he had complained previously. It was therefore considered clear that he had given his confessions voluntarily. 39.  On 27 October 2008 the governor of the Brovary ITT issued a memo, apparently at the prosecutor’s request, about the applicant’s detention in that facility. It stated that no physical force had been used against the applicant. The memo noted the fact that an ambulance had been called for the applicant following his complaints of headaches on 9 September 2008, but with no further details. 40.  On 31 October 2008 K., the lawyer contracted by the applicant’s parents on an unspecified earlier date, asked the Staromiskyy Court for a meeting with the applicant. On the same date that request was allowed. 41.  On 7 November 2008 the applicant was examined by doctors in the Vinnytsia SIZO. They found him in good health. The examination report noted that the applicant did not raise any complaints and that there were no injuries on him. It should be noted that the copy of the aforementioned report in the case file before the Court, as it stood prior to the communication of the application to the Government, was of very poor quality. Moreover, the report was written in barely legible handwriting. According to the summary of the facts prepared by the Court at that stage, the report in question had referred to several bruises on the applicant. However, as it has since emerged, there were two reports copied on the same page: one of 7 November 2008 and one of 5 February 2009, and it was the latter report which had noted the applicant’s injuries (see paragraph 54 below). 42.  On 10 November 2008 a senior official of the Vinnytsia Regional Police Department for Combating Organised Crime delivered a report on the internal investigation into the applicant’s complaints of ill-treatment (as summarised in paragraph 37 above). The investigation had consisted mainly of questioning of the police officers involved, who had denied any ill-treatment of the applicant. The report noted that the medical examinations of the applicant of 17 July and 11 September 2008 had revealed some injuries which had been inflicted in unestablished circumstances (for more details see paragraphs 15 and 29 above). It was decided that the internal investigation be considered complete, the conclusion being that it had not established any evidence to support the applicant’s complaints. 43.  On 19 November 2008 the Vinnytsia Regional Prosecutor’s Office refused to institute criminal proceedings against the officials of the Vinnytsia ITT in respect of the allegedly inadequate conditions of the applicant’s detention and his ill-treatment there. It was noted in the ruling that the ITT officials had been questioned and had denied any ill-treatment of the applicant. They had also submitted that he had been detained in adequate conditions. 44.  On 20 November 2008 the Vinnytsia Regional Prosecutor issued another ruling refusing the institution of criminal proceedings ‒ this time against the police officers of the Vinnytsia Regional Police Department for Combating Organised Crime, who had been involved in the applicant’s apprehension and the subsequent investigative measures ‒ for the lack of corpus delicti in their actions. The officers submitted that the applicant and his accomplices had manifested malicious disobedience to the orders of the police on 16 July 2008. As a result, “measures of physical intervention and ... handcuffing” had been applied to them. Furthermore, according to the police officers’ statements, the detainees had made their confessions voluntarily. Lastly, the prosecutor noted that the applicant had been examined by doctors on 26 and 30 July 2008, when no injuries were documented or complaints raised (see paragraphs 19 and 22 above). 45.  On 4 December 2008 the Vyshgorod Town Prosecutor’s Office refused to institute criminal proceedings against the Vyshgorod police officers, for the lack of corpus delicti in their actions. The prosecutor noted that the officers in question had denied the veracity of the applicant’s allegations of ill-treatment. Furthermore, it appeared that the applicant himself had eventually retracted his complaints. 46.  On the same day the Brovary Town Prosecutor’s Office also refused to institute criminal proceedings against the Brovary police as regards the conditions of the applicant’s detention in the local ITT. The decision was based on the explanations of the respective police officers. 47.  On 5 January 2009 the applicant refused the services of the lawyer retained by his parents and asked the Staromiskyy Court to allow his parents time to find a new lawyer for him. 48.  On 15 January 2009 he repeated the above refusal and asked the court to conduct its hearing with the participation of his sister, who had earlier been admitted in the proceedings as his “civil defender”. 49.  On 15 January 2009 the applicant complained to the Staromiskyy Court that he had been subjected to ill-treatment by the police on 16 July 2008 and thereafter. He submitted that all his confessions and waivers of legal assistance had been given under duress. 50.  On the same date the applicant also complained of his ill-treatment in police custody to the Prosecutor General’s Office. 51.  On 27 January 2009 the Staromiskyy Court appointed a free lawyer for the applicant, since his parents had not retained a new lawyer for him. 52.  On 4 February 2009 the Staromiskyy Court instructed the Kyiv and Vinnytsia Regional Prosecutor’s Office to investigate the applicant’s complaints of ill-treatment. 53.  On 4 February 2009 the applicant was examined by a doctor, who recorded the absence of any injuries, apart from some old scars on both forearms. No further details concerning this examination are available. 54.  On 5 February 2009 the applicant underwent another medical examination which revealed bruises on his buttocks measuring 7x10 cm and 15x10 cm respectively, as well as abrasions on his wrists caused by handcuffs. Another bruise measuring about 15 x ? cm was recorded (the copy of the report in the case file is illegible in this respect; nor is it possible to read where that bruise was located). It is not clear in what circumstances and where that examination was carried out. It has not been commented on by any of the parties. 55.  On 5 March 2009 the Vyshgorod Town Prosecutor’s Office refused to institute criminal proceedings against the police officers in the light of their statements denying the veracity of the applicant’s complaints. 56.  On 11 March 2009 the Kyiv Regional Prosecutor’s Office quashed the aforementioned ruling as premature and superficial. It criticised the prosecutor’s failure to clarify when and on what grounds the applicant had been taken to the Vyshgorod ITT before his further transfer to the Brovary ITT, when he had been detained in the Brovary ITT, which of the police officers had been assigned to him and when. Furthermore, it observed that it was essential to question all the doctors who had examined the applicant and had provided him with medical assistance. According to the applicant, it was after his detention in the Vyshgorod ITT that he had requested medical assistance. It was also necessary to analyse all the records pertaining to the ambulance calls made for the applicant, as well as the report on his initial medical examination in the Brovary ITT. Lastly, the applicant’s complaints concerning the refusal to allow a lawyer to see him warranted investigation. 57.  On 24 March 2009 a senior officer in the Vyshgorod police department issued a memo noting that he had visited the Brovary ITT, where he had consulted the medical examination and assistance journal. Two records, those of 7 August and 3 September 2008, concerned the applicant. The ambulance doctor had been questioned. She had recognised her signature next to the record of 3 September 2008 and had verbally explained that she had provided the applicant with the assistance documented in the record. However, she had refused to make any written statements. The memo in question did not contain any further details as to the applicant’s condition on 3 September 2008 or what medical assistance had been provided to him (see also paragraph 26 above). 58.  On 6 May 2009 the Staromiskyy Court found the applicant guilty on seventeen counts of aggravated theft and robbery and sentenced him to eleven and a half years’ imprisonment, as well as confiscation of all his personal property. The confiscated property included a house and a car which had been purchased by the applicant’s parents, but which the court considered to have been bought using the revenue from his criminal activities. The applicant was acquitted of the charges of banditry, money laundering, hooliganism and illegal arms handling. The court noted that the applicant had cooperated with the investigation. At the court hearing, the applicant commented on only two of the charges against him: he denied his participation in one episode of theft and one episode of robbery and submitted that he had earlier confessed to those two episodes under duress. The court dismissed that allegation as unsubstantiated. 59.  The applicant appealed, submitting that he had voluntarily confessed to the criminal offences in question and had shown remorse. Referring to his cooperation with the investigation, as well as the fact that he had a child who was a minor, the applicant sought mitigation of his sentence. He also contested the confiscation-related part of the verdict. 60.  On 16 July 2009 the Vinnytsia Regional Court of Appeal rejected his appeal. 61.  On 16 December 2009 the applicant lodged an appeal on points of law. He submitted that the lower courts’ decisions should be quashed as being contrary to Article 59 of the Constitution (right to legal assistance – see paragraph 65 below) and Article 398 of Code of Criminal Procedure (listing grounds for the annulment of a judgment – see paragraph 66 below). The applicant contended that he had not committed the crimes of which he had been found guilty and that he had incriminated himself after succumbing to “psycho-physical influence and deception by the police”. 62.  On 26 February 2010 the Supreme Court rejected the applicant’s request for leave to appeal on points of law. As to his submission on the ostensibly involuntary nature of his confessions, the Supreme Court noted that the first-instance court had not established any facts showing any coercion of the applicant and he had not disputed that in his appeal. The Supreme Court furthermore observed that the applicant’s allegation of breach of the criminal procedural legislation were too vague. 63.  On 18 August 2010 the Prosecutor General’s Office wrote to the applicant stating that it had instructed the Vinnytsia Regional Prosecutor’s Office to investigate his complaints of ill-treatment. 64.  On 2 September 2010 the Vinnytsia Regional Prosecutor’s Office also wrote to the applicant stating that it had already dismissed his complaints, namely on 20 November 2008 (see paragraph 44 above). The prosecutor also referred to a similar ruling by the Kyiv Regional Prosecutor’s Office of 7 November 2008 (the case file before the Court does not contain a copy of the quoted ruling and there is no information about its contents).


5.  The applicant was born in 1935 and lives in Siyazan. He is a farmer. 6.  Following a dispute over ownership rights to a plot of land between the applicant and the Sadan Municipality in the district formerly known as Davachi (“the Municipality”), criminal proceedings were instituted against the applicant. 7.  On 29 December 2004 the Davachi District Court convicted the applicant under Article 188 of the Criminal Code (violation of a lawful owner’s right to a plot of land, by means of unauthorised occupation, alteration or cultivation thereof) and sentenced him to a fine in the amount of one hundred conventional financial units (550,000 old Azerbaijani manats, equivalent to 110 new Azerbaijani manats (AZN), which according to the official exchange rates published by the Central Bank of the Republic of Azerbaijan amounted to approximately 84 euros (EUR) at the relevant time). The court found that the applicant had unlawfully occupied and cultivated a plot of land of 0.8 hectares owned by the Municipality. The Court based its findings on witness statements and information provided by the State Committee of Land and Cartography (“the SCLC”). 8.  On an unspecified date, the applicant appealed against the judgment of 29 December 2004, arguing that the plot of land in question was part of a larger parcel of land measuring 50 hectares belonging to his family farming business. On 18 March 2005 the Court of Appeal upheld the first-instance court’s judgment. 9.  The applicant lodged an appeal on points of law, alleging that the lower courts had erred in their assessment of the facts. On 9 August 2005 the Supreme Court, composed of a panel of three judges including judge N.H., quashed the judgment of the Court of Appeal of 18 March 2005 and remitted the case for a new examination to the Court of Appeal. The Supreme Court noted, in particular, that the conviction was based on insufficient evidence. 10.  Taking into consideration the findings of the Supreme Court, the Court of Appeal sent a new request to the SCLC and the Municipality requesting detailed information about the exact location, measurements and ownership of the plot of land. The Municipality submitted that, according to the official records, the plot in question belonged to the Municipality and not the applicant. The SCLC conducted an on-site inspection of the plot of land and submitted to the court that the plot in question was part of the Municipality’s estate. On 12 July 2006 the Court of Appeal delivered a new judgment upholding the Davachi District Court’s judgment of 29 November 2004 convicting the applicant. The court held that the disputed plot of land which the applicant cultivated belonged to the Municipality and that the relevant law had been applied correctly. 11.  The applicant appealed. On 10 October 2006 the Supreme Court, composed of a panel of three judges including judge N.H., examined the applicant’s appeal. It found that the Court of Appeal had examined all the relevant and available evidence and had committed no breaches of substantive or procedural law. Accordingly, the Supreme Court dismissed the applicant’s appeal and upheld the Court of Appeal’s judgment of 12 July 2006.


6.  The applicants were born in 1935 and 1957 respectively and live in Varna. They are mother and daughter. 7.  In 1985 the first applicant and her husband bought from the Varna municipality an apartment of 54 square metres, situated in the centre of the city, which had become State property by virtue of the nationalisations carried out by the communist regime in Bulgaria after 1945. 8.  On an unspecified date after that the first applicant's husband died and his property was inherited by the two applicants. 9.  In February 1992 the Restitution Law entered into force. 10.  On 8 July 1992 one of the heirs of the former pre-nationalisation owner of the flat brought proceedings against the applicants under section 7 of the Restitution Law. In a final judgment of the Supreme Court of Cassation of 7 July 1997 the action was allowed partially, the domestic courts finding that the plaintiff could only claim half of the property. 11.  The courts found that the applicants' title over half of the property was null and void on two grounds: 1) their apartment had been part of a bigger apartment, which had, prior to 1985 and in breach of the relevant construction requirements, been divided by the State into two; and 2) the area where the apartment was located had been earmarked for the construction of buildings of more than three storeys and the applicants' building was of two storeys; the relevant legislation at the time prohibited the sale of apartments in such buildings. 12.  On 20 November 1998 the applicants requested to be compensated with compensation bonds for half of the property. The request was granted and in January 2003 the applicants received bonds for 10,300 Bulgarian levs (BGN), the equivalent of approximately 5,280 euros (EUR), in accordance with an expert valuation of a half of their apartment drew up in 2001 or 2002. On 25 November 2004 the applicants sold their bonds for approximately 50% of their face value and received BGN 5,145, the equivalent of EUR 2,640. 13.  In the meantime, on 8 December 1997, following a legislative amendment whereby the time-limit to bring an action under section 7 of the Restitution Law was renewed, the remaining heirs of the former pre-nationalisation owner brought such an action against the applicants regarding the second half of the apartment. 14.  The action was granted in a final judgment of the Supreme Court of Cassation of 14 July 2004. Putting forward arguments identical to the ones concerning the first half of the apartment (see paragraph 11 above), the courts found that the applicants' title to the second half of the property was likewise null and void. 15.  The applicants did not apply for compensation bonds for that half of the apartment, as they were entitled to. 16.  On several occasions after 1997 the first applicant requested to be provided with municipal housing but was informed that no such housing was available. By 2003 the two applicants and the second applicant's family were still living in the disputed flat. In December 2003 they vacated it and rented another apartment. In 2004 the second applicant bought another flat and her family and the first applicant moved in there. 17.  The relevant background facts and domestic law and practice have been summarised in the Court's judgments in the cases of Velikovi and Others v. Bulgaria (nos. 43278/98, 45437/99, 48014/99, 48380/99, 51362/99, 53367/99, 60036/00, 73465/01, and 194/02, 15 March 2007) and Tsonkovi v. Bulgaria (no. 27213/04, §§ 14-15, 2 July 2009).


6.  The applicant was born in 1954 and lives in Plovdiv. He was a member of the Board of Directors of a local bank and a director of a private brokerage firm. 7.  On 1 April 1998 the Plovdiv District Prosecutor's Office charged the applicant and Mr A. (the “accused”) with malfeasance. The charge was later dropped, on an unspecified date, due to lack of a punishable offence. 8.  The Plovdiv District Prosecutor's Office also charged the accused with embezzlement on 8 July 1998 and transferred the case to the Plovdiv Regional Prosecutor's Office. 9.  On the next day, 9 July 1998, the Plovdiv Regional Prosecutor's Office imposed on each of the accused bail in the amount of 5,000,000 old Bulgarian levs [approximately 2,560 euros (EUR)]. 10.  The preliminary investigation against the accused continued for the next year with various investigative procedures being conducted in the meantime. 11.  Sometime in October 1999 the applicant's co‑accused, Mr A., absconded. 12.  On 5 November 1999 the applicant was detained on remand under an order of the Plovdiv Regional Prosecutor's Office. 13.  The preliminary investigation against the accused was concluded in December 1999. 14.  At the beginning of January 2000 an indictment for embezzlement of 2,051,819.44 United States dollars was filed against the accused with the Plovdiv Regional Court. 15.  The criminal proceedings continued at the trial stage where an undisclosed number of hearings were held before the Plovdiv Regional Court. 16.  In a judgment of 21 June 2005 the Plovdiv Regional Court found the accused innocent of the charges brought against them. It is unclear whether the Prosecutor's Office appealed against this judgment and whether it subsequently entered into force. 17.  In October 1999 the authorities established that the applicant's co‑accused, Mr A., could not be found and suspected that he had left the country. 18.  On 5 November 1999 the Plovdiv Regional Prosecutor's Office ordered that the applicant be detained on remand despite recognising that he had always punctually and voluntarily attended the investigative procedures conducted during the proceedings. In justifying the detention, the Plovdiv Regional Prosecutor's Office referred to intelligence data received from the Plovdiv Regional Police Directorate on 4 November 1999 that the applicant was purportedly planning to abscond. The applicant was detained on the same day. 19.  On 8 November 1999 the applicant appealed against his detention whereby he challenged the need and justification to amend the measure for securing his appearance in court to detention on remand. In addition, he contested the legal grounds for relying on unverified intelligence data in justifying his detention. 20.  In a letter of 17 November 1999 the Plovdiv Regional Police Directorate once again informed the Plovdiv Regional Court that on 3 November 1999 it had received intelligence data that the applicant was intending to abscond. It also noted that without authorisation from the Minister of Internal Affairs it could not provide the intelligence data to the Prosecutor's Office. 21.  A hearing was held before the Plovdiv Regional Court on 22 November 1999 at which the prosecutor informed the court that his office did not have access to the intelligence data of 3 November 1999, because the police had refused to provide it without the prior approval of the Minister of Internal Affairs. The court considered that it was essential for it to obtain the intelligence data as this affected the rights of the detained to challenge it. The court ordered that the intelligence data be obtained from the police. The applicant insisted that the court rule on his appeal and challenged the possibility of using such intelligence data as evidence. The hearing was adjourned without a ruling on the applicant's appeal. 22.  In a letter of the same day to the Plovdiv Regional Police Directorate the Vice-President of the Plovdiv Regional Court requested that the police provide the court with the facts on which they based their information that the applicant was intending to abscond. In its response of 23 November 1999 the Plovdiv Regional Police Directorate reiterated the statement contained in its letter of 17 November 1999. 23.  The hearing of 26 November 1999 was postponed because the Plovdiv Regional Court considered that it was vital for the police to provide the intelligence data before it ruled on the appeal. The applicant maintained that the Prosecutor's Office had failed to prove the applicant's intention to abscond, challenged the need to postpone the hearing and insisted that the court rule on his appeal on the basis of the facts before it. The hearing was adjourned without a ruling on the applicant's appeal. 24.  In two letters to the Minister of Internal Affairs and the Plovdiv Regional Police Directorate of 29 November 1999, the Vice-President of the Plovdiv Regional Court once again requested that the police provide the court with the facts on which they based their information that the applicant was intending to abscond. In its response of 30 November 1999 the Plovdiv Regional Police Directorate reiterated its previous statements and informed the court that it had received intelligence data that in a conversation on 3 November 1999 the applicant had declared his intention to leave the country because he was worried about the outcome of the criminal proceedings against him and in view of the absconding of his co-accused. The police refused to provide the source of the data. 25.  At the next hearing on 3 December 1999, the Plovdiv Regional Court examined and dismissed the applicant's appeal against his detention. It found that, in view of the charges against him, his detention on remand was mandatory and, moreover, that there was evidence that he would abscond. 26.  After the preliminary investigation was concluded the applicant filed an appeal on 15 December 1999 against his detention arguing that this was a change in circumstances which required a reassessment of his detention on remand. At a hearing held on 21 December 1999 the Plovdiv Regional Court dismissed the applicant's appeal. It considered that there was no change in circumstances and, in any event, that his detention was mandatory in view of the charges against him and the likelihood that he would abscond. 27.  On 1 January 2000 amendments to the Code of Criminal Procedure entered into force concerning the regime of detention on remand (see below, Relevant domestic law and practice). 28.  The first two hearings at the trial stage of the proceedings were held on 25 January and 22 February 2000. On both occasions the applicant appealed against his detention, which the Plovdiv Regional Court dismissed by essentially relying on the intelligence data that he would abscond, that he was charged with a serious intentional offence for which detention on remand was mandatory and that he had another preliminary investigation opened against him. At the hearing of 22 February 2000 a medical expert's report was presented to the court concerning the applicant's deteriorating state of health, but it was found that his treatment could be continued in prison. The applicant appealed against the ruling of 22 February 2000 for dismissing his appeal, which the Plovdiv Regional Court upheld in a formal decision of 7 March 2000. 29.  In a decision of 13 March 2000 the Plovdiv Court of Appeals found that there was no evidence that the applicant would abscond or re-offend and that he had always cooperated with the investigation. In addition, it noted that the police in its letters to the courts had never indicated that the applicant had undertaken any specific actions to abscond. The court also found that the applicant's health condition required treatment and a special diet, which could only be provided in a home environment. As a result, it replaced the applicant's detention on remand with house arrest but without citing any specific reasons for placing the latter restriction on the applicant. 30.  On an unspecified date, the applicant appealed against the imposed house arrest. 31.  The Plovdiv Regional Court dismissed the applicant's appeal at a hearing on 11 December 2000 as it found that there were no new circumstances warranting a re-evaluation of the imposed restriction on the applicant. On further appeal, the Plovdiv Court of Appeals upheld the decision on 28 December 2000. 32.  On an unspecified date, the applicant filed a second appeal against the imposed house arrest. 33.  On 28 May 2001 the Plovdiv Regional Court dismissed the second appeal of the applicant as it found that there were no new circumstances warranting a re-evaluation of the imposed restriction and also because he had another preliminary investigation opened against him. 34.  On further appeal, in a decision of 15 June 2001 the Plovdiv Court of Appeals quashed the lower court's decision of 28 May 2001 and amended the measure for securing the applicant's appearance in court to bail in the amount of 5,000 new Bulgarian levs (approximately EUR 2,560). The court found that the applicant had always attended court hearings and had never been the cause for any delays or postponements. Thus, it considered that the imposition of house arrest on the applicant had never been justified and that its overall length (one year and seven months) represented a new circumstance warranting a re-evaluation of the imposed restriction. The court also found that the Plovdiv Regional Court had mistakenly relied on the statutory provisions governing detention on remand when dismissing the applicant's appeal against his house arrest but did not find the imposed house arrest to have been unlawful as such.


4. The applicant was born in 1951 and lives in Kočani. 5. On 13 July 1987 the applicant’s parents brought a civil action before the Kočani Municipal Court (Општински Суд Кочани) claiming revocation of a care agreement (“the agreement”) (договор за доживотна издршка) concluded on 25 December 1981 between them and their son, Mr T.K. Under the agreement, Mr T.K. was recognised as holder of the title to a property specified by the agreement in return for caring for his parents. They claimed that after their son’s death in 1982, the defendants, Mr T.K.’s wife and her children no longer lived with them and thus had ceased to fulfil the duties arising from the agreement. 6. On 30 September 1987 the Kočani Municipal Court accepted the claim and revoked the agreement. After hearing the parties to the proceedings and several witnesses, the court found that the personal relationships between the parties had deteriorated over time and that the defendants had consequently failed to care for the applicant’s parents. 7. On 12 February 1988 the then Štip District Court (Окружен Суд во Штип) accepted the defendants’ appeal of 29 October 1987. It held that the agreement had not stated that they should live under the same roof and that the separation of the living arrangements could not be considered a sufficient ground for its revocation. 8. On an unspecified date, the applicant took over the case after her parents died. On 27 June 1991 the Kočani Municipal Court dismissed the applicant’s claim. The court heard the parties, examined eighteen witnesses and admitted a considerable amount of evidence. 9. On 11 November 1992 the Štip District Court accepted the applicant’s appeal and remitted the case for fresh consideration. 10. On 9 February 1993 the Kočani Municipal Court dismissed the applicant’s claim as ill-founded. This decision was set aside by the Štip District Court on 27 April 1994. 11. On 11 April 1996 the Kočani Municipal Court, sitting in a different composition, dismissed the applicant’s claim again. On 29 October 1996 the Štip Court of Appeal upheld an appeal by the applicant of 23 May 1996 and quashed the lower court’s decision. It found, inter alia, that the case had been decided by a single judge instead of by a chamber of three judges as required by law. 12. At the only hearing held on 9 July 1997, the Kočani Court of First Instance granted the applicant’s request and revoked the agreement. This decision was partly confirmed by the Štip Court of Appeal on 24 December 1997. This latter court remitted the decision on the trial costs for fresh consideration. 13. On 23 April 1998 the Kočani Court of First Instance rejected an appeal by the defendants on points of law (ревизија) as out of time. On 12 September 1998 the Štip Court of Appeal remitted the case for re-examination. On 3 November 1999 the Supreme Court upheld the defendants’ appeal on points of law and quashed the lower courts’ decisions described in the preceding paragraph. It found that the first-instance court, sitting in different composition, had erred in law since it had relied on already established evidence without having the parties’ consent to do so. 14. After two hearings, on 13 July 2000 the Kočani Court of First Instance upheld the applicant’s claim and revoked the agreement on the same grounds as in its decision of 9 July 1997. On 13 November 2000 the Štip Court of Appeal ruled in the defendants’ favour and set aside this decision for the reasons described in the preceding paragraph. 15. On 15 October 2001 the Kočani Court of First Instance granted the applicant’s request and revoked the agreement. It examined the parties and eleven witnesses and admitted other evidence. None of the three hearings scheduled was adjourned at the applicant’s request. 16.  On 11 March 2003 the Štip Court of Appeal dismissed an appeal by the defendants dated 30 November 2001 and confirmed the lower court’s decision on the merits. It overturned (преиначува) it in respect of the trial costs. On 24 April 2003 the defendants lodged an appeal on points of law with the Supreme Court, which was dismissed as inadmissible on 12 May 2004. 17. Meanwhile, on 12 May 2003 the Kočani Court of First Instance had granted the applicant’s request for enforcement of the above decisions in respect of the trial costs. On 23 May 2003 the court suspended the enforcement pending the outcome of the proceedings before the Supreme Court. On 30 November 2004 the enforcement proceedings ended. 18. On 6 December 2005 the Kočani Court of First Instance, in separate proceedings, declared the applicant a successor in title (законски наследник) to her late father and granted her title to part of his property. 19.  During the proceedings on the merits, the composition of the first-instance court sitting in the applicant’s case changed four times.


5.  The applicants were born in 1936 and 1960 respectively and live in Sofia. The first applicant is the second applicant’s mother. 6.  In 1969 the first applicant and her husband bought from the Sofia municipality an apartment which had become State property by virtue of the nationalisations carried out by the communist regime in Bulgaria after 1947. 7.  On 22 February 1993 the heir of the pre-nationalisation owner of the apartment brought proceedings against the first applicant and her husband, alleging that their title to the apartment was null and void and seeking the restoration of his own title. 8.  The case was examined by the Sofia District Court, which dismissed the action in a judgment of 17 July 1995. On an appeal by the former owner’s heir, on 10 June 1996 the Sofia City Court reversed and allowed the claim. 9.  On an unspecified date in the summer of 1996 the first applicant and her husband filed a petition for review (cassation). While the case was pending before the Supreme Court of Cassation, on an unspecified date, most likely in 1998, they also sought the reopening of the proceedings. Under domestic law at the time, they were entitled to do so in view of the fact that the judgment of the Sofia City Court was formally considered to be final. The first applicant and her husband sought reopening on the basis of newly-discovered evidence, namely an instruction of the Ministry of Architecture and Public Works of 1968 concerning the sale of State-owned apartments. 10.  The Supreme Court of Cassation held a hearing on 10 November 1998 and dealt both with the petition for review (cassation) submitted in 1996 and the request for reopening submitted in 1998. In a judgment of 2 March 1999 it reopened the proceedings, finding that the first applicant and her husband could not have been aware of the newly-discovered document earlier. It quashed the judgment of the Sofia City Court of 10 June 1996 and remitted the case. Accordingly, it held that it would not examine the petition for review (cassation). 11.  The case was remitted to the Sofia City Court, which held its only hearing on 21 June 2001. Although it took into account the 1968 instruction of the Ministry of Architecture and Public Works on the basis of which the proceedings had been reopened, the domestic court reached again the conclusion that the title of the first applicant and her husband was null and void. In a judgment of 3 August 2001 it allowed the claim against them. 12.  On 29 October 2001 the first applicant and her husband appealed against that judgment in cassation. 13.  On 9 March 2002 the first applicant’s husband passed away and was succeeded by the two applicants. The second applicant joined the proceedings. 14.  The Supreme Court of Cassation held two hearings on 18 March and 4 November 2003. In a final judgment of 9 December 2003 it upheld the Sofia City Court’s judgment of 3 August 2001 whereby the title of the first applicant and her husband had been found to be null and void.


4.  The applicant was born in 1930 and lives in Cuxhaven, in Germany. 5.  The applicant is a shareholder of M.T.V Cosmetics Ltd, a company registered under Cypriot law. From 29 January 1992 onwards he has been involved in a number of civil proceedings concerning the above company. 6.  The facts of the case, as submitted by the parties and as derived from the minutes of the proceedings, may be summarised as follows. 7.  On 29 January 1992 the applicant filed application no. 24/92 before the District Court of Nicosia complaining about the oppressive conduct of the majority shareholders of M.T.V. Cosmetics Ltd and requesting a number of remedies in this respect. 8.  On 23 December 1992 the court delivered its judgment finding that there had been oppressive conduct and ordering the purchase of the applicant's shares by the majority shareholders at a price determined by an independent valuer. No appeal was filed against this judgment. 9.  Subsequently, on 26 November 1993 the majority shareholders of the company filed an application (also referred to as application no. 24/92) with the District Court of Nicosia requesting it to issue an order requiring, inter alia, the applicant to transfer his shares to the majority shareholders and to comply with the court's judgment of 23 December 1992. 10.  Following the filing of an ex-parte application by the majority shareholders, the court issued interlocutory orders prohibiting the applicant from, inter alia, transferring and/or alienating his shares pending the proceedings for the execution of the court's judgment of 23 December 1992. 11.  Subsequent to an objection put forward by the applicant, the court set aside the interlocutory orders on 28 January 1994. 12.  On 28 September 1994 the court delivered its judgment dismissing the application of 26 November 1993. It found that the application had no legal basis. 13.  On 10 October 1994 the defendants filed an appeal no. 9296 with the Supreme Court. A cross-appeal was lodged by the applicant on 10 October 1997. Both the appeal and the cross-appeal were withdrawn on 22 January 1999. 14.  On 3 February 1994 the majority shareholders (plaintiffs) of M.T.V Cosmetics Ltd filed civil action no. 1056/94  against the applicant before the District Court of Nicosia requesting, in essence, the enforcement of the court's judgment dated 23 December 1992 in application 24/92 (see paragraph 8 above). They requested a number of remedies in this respect. 15.  On the same date the plaintiffs also filed an ex parte application requesting an interlocutory court order prohibiting the applicant from, inter alia, transferring or alienating his shares pending the proceedings and from interfering with the company's affairs. This application was eventually withdrawn on 11 February 1994. 16.  The statement of claim was filed on 11 November 1994 and on 5 December 1994 the plaintiffs filed an application concerning the applicant's failure to submit his statement of defence and counterclaim. The application was set for hearing for 12 December 1994. The hearing was then adjourned twice, for two months in total, at the applicant's request for the purposes of filing his statement of defence. On 16 February 1995 the applicant filed his statement of defence and counterclaim and on 24 February 1995 the plaintiffs withdrew their application of 5 December 1994. The reply to the defence and counterclaim were filed on 9 March 1995. On 26 May 1995 the case was set for hearing for 12 December 1995, six months and seventeen days later. 17.  In the meantime, an application was filed by the applicant on 28 November 1995 concerning a preliminary objection. The application was fixed for hearing on 9 February 1996. The applicant then withdrew part of the objection and the application was set for hearing for 10 April 1996. On that date the hearing of the application was adjourned until 17 June 1996 at the plaintiffs' request. On that date the hearing was adjourned by the court itself until 4 November 1996 and then, on the latter date, until 15 January 1997, following the retirement of the President of the court. An interlocutory decision was delivered on 31 January 1997 dismissing the preliminary objection. 18.  The hearing of the case began on 11 April 1997 and was concluded on 29 March 1999. Approximately twenty hearing sessions were held. Furthermore, within this period about ten interlocutory applications were examined by the court. The applicant filed nine of these applications on: 18 June 1997 (ex parte application for discovery of documents), 1 July 1997 (application concerning the inspection of documents), 10 July 1997 (ex parte application concerning the taking of evidence in Germany), 5 September 1997 (application requesting access to the company's bank accounts), 25 February 1998 (application concerning the summons of witnesses), 31 July 1998 (application by summons for the quashing/setting aside of a previous order issued by the court), 20 August 1998 (application by summons requesting the suspension of the proceedings pending determination of appeal no. 9296 - see paragraph 13 above), 27 November 1998 (two applications, one for the taking evidence of abroad and one for the discovery of documents). It appears from the minutes of the proceedings that at least two of the above applications were withdrawn by the applicant. The plaintiffs filed one interlocutory application within this period, on 30 September 1997, for the amendment of their statement of claim. The court issued nine interlocutory decisions and/or orders in respect of the above applications and the plaintiffs filed an application before the Supreme Court for leave to apply for an order of certiorari in order to quash/set aside one of the above interlocutory decisions. This application was dismissed by the Supreme Court. 19.  Furthermore, on three separate occasions between 3 July 1998 and 3 December 1998, the court expressed its concern in respect of the length of the proceedings in the case. 20.  On 27 May 1999 the District Court dismissed the action and held that the judgment of 23 December 1992 was unenforceable and did not create legal effects for the parties involved. It observed that the latter judgment was incomplete, since it had left the material issue of the value of the applicant's shares unspecified and had referred the whole issue to an independent valuer who had to assess the price of the shares as if there had not been oppression. The independent valuer's decision could not complete the court's decision since he could not perform judicial functions. Furthermore, the applicant had not been ordered to do anything. It was the defendants in that case who had been ordered to buy the shares. 21.  As regards the length of the proceedings the court observed in its judgment that the hearing of the case had commenced in April 1997 and it was completed in a period of two years. It found that the delay was due to the number of interlocutory applications submitted by the parties, including an application for the amendment of the pleadings in the middle of the hearing of the case and, also, due to the extensive evidence put forward by the parties, including thirty-two exhibits and statements from eleven witnesses. Furthermore, the trial judge noted that his transfer in October 1997 had hindered the progress and completion of the proceedings. Finally, the trial judge considered that the fact that the applicant had not been represented by a lawyer for a great part of the proceedings contributed to the delay. 22.  On 6 November 2000 the court awarded the applicant the amount of 14,998.45 Cyprus pounds (CYP) for legal costs plus interest. 23.  On 22 June 1999 the plaintiffs lodged appeal no. 10571 with the Supreme Court against the first instance judgment of 27 May 1999 and on 22 December 2000 they lodged appeal no. 11002 challenging the award of costs. 24.  On 12 July 1999 the Registrar of the District Court of Nicosia sent the appeal notice to the Chief Registrar of the Supreme Court informing the latter that the court minutes would be sent to the Supreme Court in eight months. 25.  On 5 May 2000 the Chief Registrar of the Supreme Court sent a letter to the Registrar of the District Court of Nicosia requesting that the minutes of the case be sent to the Supreme Court. From 13 July 2000 until 12 June 2001 about eight letters/reminders were sent by the Chief Registrar of the Supreme Court to the District Court in this respect. 26.  In the meantime, it appears that the District Court of Nicosia suspended the execution of its judgment of 27 May 1999 pending the determination of appeal no. 10571, following an application by the plaintiffs seeking a court order in this respect. 27.  On 12 December 2001 the minutes of the first instance proceedings were sent to the Supreme Court and the appeals were fixed for pre-trial directions for 28 January 2002. On that date the appellants' lawyer asked for time for the purpose, inter alia, to make amendments to the grounds of appeal. The appeal was then fixed for 20 March 2002 for pre-trial directions. 28.  On 19 April 2002 the court directed the appellants to file their amended appeal until 3 May 2002 and their written addresses by 17 June 2002. The appellants filed their amended appeal within the deadline but on 17 June 2002 they filed an application requesting an extension of sixty days for the filing of the outline of their addresses. The court examined this application on 25 June 2002 and granted an extension of three weeks to the appellants. On 10 July 2002 and on 13 September 2002 the appellants filed an application for an extension of time for the filing of the outline in their addresses in appeals no. 11002 and no. 10571 respectively. On 19 September 2002 the court examined the above applications and directed that the outlines of the addresses in both appeals should be filed within thirty days. These were filed by the appellants on 17 October 2002. 29.  On 3 December 2002 the applicant filed an application for an extension of seven days for filing the outline of his address. This was granted by the court on 19 December 2002 and the applicant filed the outline on 23 December 2002. 30.  On 21 April 2003 the Supreme Court dismissed both appeals with costs against the appellants. 31.  On 17 July 2003 the applicant filed his list of costs and expenses. This included legal costs at CYP 2,441.70, expenses for the list of costs at CYP 317.46 and expenses incurred due to the fact that he had been permanently residing in Germany at CYP 4,203.15. On 4 November 2003 the Registrar awarded the applicant the amount of CYP 1,940.30 for the first two claims but rejected his latter claim. 32.  The applicant then lodged an appeal (no. 10571) before the Supreme Court requesting the review of the assessment of his costs by the registry. He claimed that his travel expenses to Cyprus and his living expenses therein for the duration of the proceedings should have been reimbursed since at the relevant time he had been permanently residing in Germany. 33.  On 15 June 2005, the Supreme Court dismissed the applicant's appeal. It found that he had failed to establish that he had been a permanent resident of Germany during the material time. 34.  On 14 March 2000 the applicant filed application no.132/00 before the District Court of Nicosia against M.T.V Cosmetics Ltd requesting a number of remedies concerning the formation and activities of the company. 35.  On 12 October 2001 the trial judge issued a decision exempting himself from the proceedings following an objection by the respondent company on 27 September 2001. The case was then put before another judge. 36.  Furthermore, between 5 May 2000 and 17 January 2006, the court dealt with twenty-eight interlocutory applications which were filed by the parties and objections thereto. Eleven of these applications were filed by the applicant and seventeen by the respondents. 37.  In particular the applicant filed: an ex parte application on 21 December 2000 which was dismissed on 16 January 2001; an application on 19 January 2001 for an interim order which he withdrew on 14 June 2001; an ex parte application on 14 March 2001 which was approved on 20 March 2001; an ex parte application on 25 October 2001; an application on 18 April 2002 which was rejected on 14 May 2002 at the applicant's request; an application on 23 April 2002 which he withdrew on 30 April 2002; two ex parte applications on 13 and 14 May 2002 concerning the addition of other respondents to the main application approved  on 6 June 2002 and 23 May 2002 respectively; an application on 23 April 2003 concerning the suspension of the execution of the order of costs which was dismissed by interim decision of 19 February 2004; an ex parte application on 3 June 2003; and, finally, an application on 15 October 2004 for an amendment which he withdrew on 22 September 2005. 38.  The respondents filed two applications on 5 May 2000 and 4 July 2000 for an extension of time for the purpose of filing their observations; three ex parte applications on 23 January 2001, 27 February 2001 and 26 March 2001 requiring the presence of applicant in court for cross-examination purposes on 1 February 2001, 9 March 2001 and 21 May 2001 respectively; an application on 10 September 2001; an application on 27 March 2002 which was partially dismissed by interim decision of 6 August 2002; an application on 18 April 2002; an application on 16 May 2002; an application on 24 March 2003 which was withdrawn on 18 April 2003; an application on 5 September 2003; an application on 9 September 2003 (for the annulment of a previous court order) which was dismissed by interim decision on 19 February 2004; an application on 3 October 2003 requiring the presence of applicant in court for cross-examination purposes; two applications on 7 April 2004 and 29 April 2004  for an extension of time for the purposes of filing an objection to one of the applicant's applications which were granted on 21 April 2004 and 4 May 2004 respectively; an ex parte application on 10 September 2004 requesting leave to cross examine the applicant which was approved on 27 September 2004; and finally, an application on 17 January 2006. 39.  The last interlocutory application was set for directions for 21 February 2006 to allow time to the applicant to file an objection thereto if he so wished. It was then fixed for hearing for 28 March 2006. On that date the hearing did not take place in view of the parties' delayed appearance in court. The court then fixed the hearing of the application for 6 April 2006. 40.  On 11 April 2001 one of the majority shareholders filed civil action 3740/01 before the District Court of Nicosia against M.T.V Cosmetics Ltd, two of the shareholders of the above company and another two companies, seeking a number of remedies, including the restitution of certain of the company's assets which were allegedly fraudulently misappropriated by the above defendants. 41.  On 21 May 2002 the applicant filed an ex parte application before the court requesting that he be added as a second plaintiff to the above action. 42.  By court order of 29 May 2002 the applicant was added as the second plaintiff to the action. 43.  On 17 June 2002 the applicant applied for an extension of time for filing his statement of claim until 20 June 2002. The court approved the application and issued an order in this respect. Furthermore, the first plaintiff and the applicant (second plaintiff) filed their statements of claim on 20 and 21 June 2002 respectively. 44.  From the latter date until 19 February 2004 the court dealt with six interlocutory applications by the parties: two were filed by the first plaintiff, one by the applicant and the rest by the defendants in the action. 45.  On 8 July 2002 the first plaintiff filed an interlocutory application for the issuing of a judgment in accordance with the statement of claim. The application was fixed for 8 October 2002 and adjourned at the parties' request until 6 November 2002. It was then withdrawn on 4 December 2002. 46.  On 27 March 2002 the defendants applied for dismissal of the action. They subsequently withdrew the application on 21 June 2002. 47.  On 16 December 2002 the first plaintiff also filed an ex parte application for the discovery of documents which was approved on 20 December 2002. 48.  On 11 September 2002 the defendants filed an application requesting that the court set aside its order 29 May 2002. The application was fixed for 8 October 2002. On that date an extension was given to the applicant until 6 November 2002 for filing his objection. The application was set for hearing for 11 December 2002 and then adjourned by the court until 10 January 2003. It was then fixed for programming for 6 February 2003 and then 11 March 2003 and set for hearing for 31 March 2003. It was then fixed for directions for 7 April 2003 following a request for some time by the applicant. On that date the applicant filed an application asking for leave to amend his objection to the application. His request was approved and the case was fixed for directions for 5 May 2003. The hearing of the application was held on 2 June 2003. The decision was reserved on 2 June 2003 and the application was rejected by decision of the court on 15 January 2004. 49.  In the meantime, on 3 October 2003, the defendants lodged an interlocutory application. The application was fixed for 4 December 2003 and then for 15 January 2004 following the applicant's request for time in order to file a written objection to the application. The application was approved by the court on 19 February 2004. 50.  On 26 May 2004 an application was lodged requesting that the action be fixed. On 1 June 2004 the court fixed the case for directions for 6 July 2004. The case then appears to have been adjourned twice for direction purposes until 22 September 2004. 51.  From the above date until 31 January 2005 the case was adjourned three times, twice at the defendants' request and one at the applicant's request for the purpose, inter alia, of filing their defence. 52.  The pleadings were completed by 31 January 2005 and on 1 February 2005 an application was filed with the Registrar requesting that the case be fixed for mention. On 7 March 2005 the case was fixed for mention for 12 April 2005 and then 23 May 2005 in view of a question raised by the defendants concerning the statements of claim submitted by the plaintiffs. The case was then adjourned twice until 17 October 2005 pending the determination of an issue concerning the discovery of certain documents and the parties' handling of the case. On 17 October 2005 the case was set for hearing for 1 March 2006.


4.  The applicant was born in 1940 and lives in the Sverdlovsk Region. 5.  In 1987 she took part in emergency operations at the site of the Chernobyl nuclear plant disaster. As a result she suffered from extensive exposure to radioactive emissions. 6.  In 1996 the applicant underwent medical examinations which established the link between her poor health and the involvement in the Chernobyl events. She was awarded a monthly allowance, to be increased on a regular basis in line with the minimum subsistence amount. 7.  In 1999 the applicant sued the local social security authority (Управление социальной защиты населения г. Заречного – “the defendant”) requesting to increase her monthly allowance and backdate the increase. The applicant considered that the amount of the allowance had been determined incorrectly. 8.  On 23 December 1999 the Beloyarsk District Court of the Sverdlovsk Region granted the applicant’s claim and ruled that her monthly allowance had been wrongly calculated. The court did not specify the exact amount of the monthly allowance to be paid to the applicant form then on. However, it ordered the defendant to recalculate the allowance due to the applicant and gave instructions on the recalculation. The judgment was not appealed against and became final on 3 January 2000. The enforcement proceedings commenced. 9.  On an unspecified date in the beginning on 2000 the defendant recalculated the applicant’s allowance and backdated the increase. According to the defendant’s calculations, the monthly allowance due to the applicant pursuant to the judgment of 23 December 1999 amounted to 4,175 Russian roubles (RUB) and the underpayments of the allowance for the period of July 1996-February 2000 amounted to RUB 149,173.25. 10.  In March-August 2000 the applicant was receiving RUB 4,175 per month. However, starting form September the monthly allowance paid to the applicant was reduced to RUB 2,500. 11.  On 10 July 2000 the bailiff notified the defendant that the judgment of 23 December 1999 was not enforced in full since the applicant had not yet received RUB 149,173.25 (the underpayments). In their reply of 25 July 2000 to the bailiff the defendant referred to the lack of funding. 12.  According to the Government, in August 2002 RUB 202,611.27 were transferred to the local social security authority to make the payments to the Chernobyl victims. In September 2002 the applicant received RUB 6,731.51 from the defendant. 13.  In 2003 the applicant brought proceedings against the defendant complaining that the monthly allowance paid to her after September 2000 was lower than stipulated in the judgment of 23 December 1999. She also sought to increase the allowance in line with the minimum subsistence amount and to recover the arrears due to her. 14.  On 18 June 2003 the Zarechniy District Court of the Sverdlovsk Region awarded the applicant RUB 302,655.77 as underpayments for the period of July 1996-May 2003. It also held that the allowance payable to the applicant starting form June 2003 should amount to RUB 13,144.56. On 30 September 2003 the judgment was upheld on appeal. 15.  On 23 December 2004 the applicant received RUB 60,644.56 on account of the enforcement of the judgment of 18 June 2003. In June 2005 she started receiving monthly allowance in the amount indicated in the judgment. On 6 July 2005 the applicant received RUB 473,341.53. That amount covered the rest of the judgment debt and the underpayments of the allowance which was in January 2004-June 2005 lower than established in the judgement.


6.  The applicant was born in 1987 and lives in the village of A. in eastern Hungary. 7.  The applicant is innately deaf and dumb and has medium-grade intellectual disability. He is illiterate. 8.  According to the bill of indictment preferred in the case, on 10 April 2011 the applicant – a multiple recidivist offender with the most recent conviction dating from 2 November 2009 – mugged a passer-by in Gyüre. He was then halted for an identity check by officers of the Vásárosnamény Police Department. He attempted to escape but was apprehended while still in possession of the stolen item. He was committed to the police station. 9.  Since the applicant was perceived to use a sort of sign language, a sign-language interpreter was appointed for him at once. Later in the day he was interrogated as a suspect of robbery. No lawyer was present. 10.  The Government submitted that the applicant had understood the charges brought against him but made no complaint about it and admitted the commission of the offence by signing the minutes of the interrogation. The applicant denied this, arguing that the sign language used by him and the one used by the interpreter were different and thus no comprehension had been possible between them.
The applicant’s signature on the minutes in question consists of his scribbled nickname, hardly legible. 11.  Between 10 April and 4 July 2011 the applicant was detained on remand on the charge of mugging at Szabolcs-Szatmár-Bereg County Prison. 12.  The applicant maintained that the conditions of detention were inapt to his condition and that he had been molested, sexually and otherwise, by the other inmates. The Government argued that special measures had been put in place to address the applicant’s situation (in particular, the prison governor issued an instruction to that effect on 23 May 2011) – an assertion of which the efficacy has been disputed by the applicant (for details, see paragraphs 25 and 26 below). 13.  On 4 July 2011 the applicant was released from detention and placed under house arrest. The Vásárosnamény District Court, having noted that he did not know any sign language and was able to communicate only with his mother, was of the view that the time spent by the applicant in detention had be to be reduced to a minimum. 14.  Meanwhile, on 20 June 2011 the applicant was indicted for robbery. His mental condition was noted by the prosecution. A public defence counsel and a sign-language interpreter were appointed for him. 15.  While detained, the applicant was examined by a forensic psychiatrist. On 30 June 2011 the expert gave the opinion that the applicant’s faculties were to a large extent reduced and that he should be placed under partial guardianship. This was done by the Vásárosnamény District Court on 27 September 2011. The court noted that the applicant’s IQ was 39, he was deaf and dumb, he had medium-grade intellectual disability, he could not count and did not know sign language; the only person with whom he could communicate was his mother. 16.  The criminal proceedings conducted against the applicant are still pending. 17.  The applicant submitted the testimonies of a Mr F. and a Mr R. who were present when Mr Karsai met with the applicant on 6 May 2012 to discuss his representation before the Court. According to these testimonies, the applicant communicated using a peculiar sign-language-like method, essentially only intelligible to his mother, which appeared to be completely different from the standard sign language.


4.  The applicants were born in 1947, 1943 and 1986 respectively and live in Novigrad. 5.  On 2 February 1998 the applicants brought a civil action against the State and the hospital R. in the Zagreb Municipal Court (Općinski sud u Zagrebu) seeking non-pecuniary damages for the death of the first and the second applicant's son and the third applicant's brother. 6.  The court held hearings on 4 June 1998, 18 January, 10 June and 2 September 1999. The applicants withdrew their action in respect of the State. Meanwhile the insurance company C.O. intervened in the proceedings. 7.  The next hearing was held on 10 July 2003. 8.  On 29 April 2004 the court gave judgment awarding the damages sought in part. Following an appeal by the respondents, on 21 March 2006 the Zagreb County Court quashed the first-instance judgment and remitted the case. 9.  Meanwhile, on 10 December 2002 the applicants lodged a constitutional complaint concerning the length of proceedings under section 63 of the Constitutional Court Act. On 17 September 2004 the Constitutional Court accepted the applicants' complaint, finding a violation of their right to a hearing within a reasonable time and awarding them each compensation in the amount of 4,400 Croatian kunas (HRK).


5.  The applicant company, Krone Verlag GmbH & Co KG, is the owner and publisher of the daily newspaper Kronen Zeitung. 6.  In 1999 E.R. and U.W., the parents of Christian W., dissolved their common household and concluded a provisional agreement on the custody of Christian under which sole custody was granted to E.R., while his brother stayed with U.W. On 13 February 2001 U.W. asked for custody to be withdrawn from E.R. and transferred to him. 7.  On 22 February 2001 E.R. and U.W. agreed that pending the outcome of an expert report custody be provisionally transferred to U.W. (vorläufige Obsorge) and that for the time being Christian should live with U.W., his father. 8.  It appears that subsequently U.W. hindered contact between Christian and E.R. and, in June 2002, moved to Sweden. Thereupon, by an interlocutory decision (einstweilige Verfügung) of 26 July 2002, custody of Christian was transferred back to E.R. 9.  U.W. was ordered to hand Christian over to E.R. immediately or to take him back to Austria before 5 August 2002. That order was confirmed on appeal on 12 September 2002 and became final. 10.  Thereupon E.R. travelled to Sweden to have that decision enforced. U.W. proposed to E.R. that they enter into an agreement on custody of Christian, and E.R. also agreed to staying in Sweden. However, no such agreement was finally reached. After E.R. had settled in Sweden and found employment there, U.W., together with Christian, left Sweden for Austria. 11.  On 4 November 2002, pending the outcome of the custody proceedings, custody was temporarily transferred to the Salzburg Youth Welfare Office. On 23 December 2003 the court dismissed U.W.’s request for custody to be withdrawn from E.R. and transferred to him. The decision was declared immediately enforceable. 12.  Subsequently, various attempts to enforce that decision were undertaken. The Austrian newspapers reported on these events because U.W. kept them regularly informed and sought publicity. 13.  The first attempt at enforcement, on 23 December 2003, failed because U.W. and Christian went into hiding. U.W. had informed the media of this step in advance. Some time later they returned. In order to enforce the custody decision the competent court scheduled a hearing for 15 January 2004 in the course of which Christian was to be handed over to E.R. U.W. failed to appear at the hearing. 14.  Thereupon the judge ordered that Christian be brought before the court by force (zwangsweise Vorführung). 15.  When that decision had to be enforced by court officers Christian barricaded himself in his elementary school and, since the police officers who intervened decided not to use physical force on the premises of the school, this attempt also failed. These events were also widely covered by the media because U.W. had informed them in advance. 16.  After further unsuccessful attempts the rural police (Gendarmerie) were informed on 26 January 2004 that Christian was at his father’s house. Court officers sent to the house noted, however, that Christian was not in the house but, together with a babysitter, in a car in front of it. The officers tried to take hold of Christian but he cried and resisted. These scenes were again the subject of widespread media coverage because they were observed and photographed by several journalists, who had been informed and had hurried to the spot. 17.  In order to establish whether Christian had suffered injuries during the attempt to enforce the court order, U.W. took him to the Salzburg hospital. On 28 January 2004, by means of a diversion manoeuvre, U.W. and Christian were separated and on the same day Christian was handed over to his mother, E.R., on the premises of the hospital. E.R. and Christian have been living in Sweden since that time. This final phase of the events was also widely reported on in the media. 18.  On 7 July 2004 Christian W., represented by his mother, brought proceedings under Sections 7 and 8a of the Media Act against the applicant company, seeking damages and publication of the ensuing judgment, claiming that a series of articles on the above-mentioned events published by the applicant company between 7 January and 16 February 2004 and which contained a detailed description of the events, giving his full name and illustrated by pictures of him, had breached his rights under those provisions. 19.  He argued that the reporting on him had interfered with his strictly private life in a manner likely to expose and compromise him in public. Moreover, the articles constituted a breach of section 7a of the Media Act, which prohibited reporting on the victim of a crime in a manner which made him or her recognisable in public; that was only allowed if the importance of the offence or the persons implicated meant that there was a preponderant public interest in the information. Both applications were lodged with the Vienna Regional Criminal Court. 20.  On 19 October 2004 the Regional Court gave a detailed judgment in the case, which referred to the following articles published in the applicant company’s newspaper and summed up by the Regional Court as follows:
“(1)  7 January 2004
The heading ‘Missing father returns home with his two boys’, with a picture of Christian. According to the report, the child’s father returned from holiday with Christian and his brother and had to go to the police because the boy was being forced against his wishes to move in with his mother following an inhuman court decision in the context of a divorce battle.
(2)  8 January 2004
The heading ‘Family drama: Christian needs peace at last’, accompanied by a picture of the child. The report describes a failed attempt to take the boy to Sweden and quotes the head teacher of his primary school as saying that Christian suffers from anxiety. A large number of people, some of whom have signed a petition, are reported to be campaigning for Christian to remain with his father.
(3)  16 January 2004
(a)  On the front page, the heading ‘My best friend is my dog’. Underneath is a picture of Christian with his dog and text stating that the child does not wish to go to his mother.
(b)  The heading ‘What’s going on here is inhuman’, with two photographs of Christian. According to this article, five police officers entered the primary school in order to fetch the boy, who refused to go with them. The head teacher, some parents and classmates are reported as saying that what happened was inhuman.
(4)  17 January 2004
The heading ‘Mad scramble for 8-year-old’, with a picture of Christian. The report states that several different people want the child, but no one has asked his opinion, resulting in an inhuman tug-of-war which is already affecting the child psychologically. The article further reports that a bailiff went to the child’s father’s flat but found no one at home.
(5)  27 January 2004
(a)  On the front page, the heading ‘Christian’s battle for his home’, with a picture of the plaintiff showing him grimacing as he resists being taken (into the police car) by the bailiff, while his brother tries to obstruct the bailiff.
(b)  The heading ‘You have no idea what you’re doing to the child’, with two more pictures. The article describes the child being taken from the babysitter’s car to the police car. It likens the scene to something from a distant dictatorship, with two bailiffs trying to tear the young plaintiff away from his familiar surroundings by brute force, against his will and despite his cries for help. Neighbours and friends of the family are reported as crying with rage and directing abuse at the court officials. The plaintiff reportedly sustained a serious injury to his spine at the hands of the bailiffs and had to be taken to hospital.
(6)  28 January 2004
(a)  On the front page, the heading ‘The whole of Salzburg up in arms’, accompanied by a photograph of the child lying in a hospital bed wearing a surgical collar. According to the article, the child was injured by the bailiffs’ rough treatment, and everyone was appalled and angered.
(b)  The heading ‘Bailiff pursues 8-year-old right into hospital’, with three pictures of the plaintiff, one showing him on a stretcher, one of him grimacing in pain in the arms of the bailiff while his brother tries to obstruct the latter, and a close-up of the child, again grimacing in pain, next to the bailiff and the car. The article also details rough treatment by the bailiffs, reportedly causing injury to the child, who is said to have complained of neck pains and to have told reporters how he had been punched in the back of the neck by one of the bailiffs. The doctor treating him is reported to have fitted a surgical collar.
(c)  The heading ‘Cries for help rang out in the night’, again with pictures of the child and reports on the public’s reaction to the bailiffs’ methods;
(d)  The heading ‘All for the good of the child’, together with the court’s findings and a picture of the child and
(e)  letters from readers angered by the treatment of the child by his mother and the court, again with a picture of the plaintiff.
(7)  29 January 2004
(a)  Heading on front page ‘Christian abducted from hospital’, together with a photograph.
(b)  The heading ‘Whole country moved by abduction’, with two photographs. The article criticises the allegedly rough methods of the bailiffs.
(c)  The heading ‘Did the bailiff want to put a sticker on the child?’, also with critical comments.
(d)  The heading ‘Abduction from hospital at dead of night’, also with a photograph The article describes the child’s removal from the hospital by his mother and quotes the father as saying that unless tough action is taken against the bailiffs, he will lodge a complaint.
(e)  The heading ‘Minister Böhmdorfer says violence against children is unacceptable’ again with a photograph and comments on the case, including by the then Justice Minister Dr Dieter Böhmdorfer, who condemns violence against children.
(8)  30 January 2004
(a)  The heading ‘Everyone wants Christian finally left in peace’: another report on the mother’s flight with her child, accompanied by a photograph of the child.
(b)  The heading ‘Scenes like those with Christian are completely avoidable’, also with a photograph. Comments on the case by a crisis-management expert.
(9)  31 January 2004
(a)  The heading ‘Christian’s case reopened’, with photograph. The report states that a new expert psychological opinion on the child is to be ordered.
(b)  The heading ‘Custody battle – the story so far’, describing events up to that point.
(c)  The heading ‘Blind hatred in salmon pink’, with comments by Günther Traxler, again with a picture of Christian grimacing in pain as the bailiff tries to put him in the police car.
(10)  2 February 2004
Under the heading ‘Christian already in Sweden’, a report stating that the child has already been taken to Sweden by his mother and has had to leave his beloved dog behind. The report is accompanied by a picture.
(11)  12 February 2004
The heading ‘I don’t want to stay here any longer’, again with three pictures of Christian. The reporter writes that the judge and bailiffs will have to answer to a disciplinary board and that Christian no longer wishes to stay with his mother in Sweden but wants to return to his father in Austria.
(12)  13 February 2004
The heading ‘Interpol soon to search for missing Christian’, again with a picture of the child. The report states that the boy has tried to run away from his mother and has disappeared.
(13)  16 February 2004
A reader’s letter under the heading ‘Violence is not the answer’, in which a 12‑year‑old criticises the judge, again with a picture showing Christian grimacing in pain.” 21.  The Regional Court allowed the action and ordered the applicant company to pay damages in the amount of EUR 136,000, to publish the judgment in its newspaper, and to bear the costs of the proceedings. The Regional Court found that by publishing the above articles containing details of the custody dispute over nine-year-old Christian W., and, moreover, disclosing his full name and accompanied by a photograph of him partly showing a highly distressed facial expression, the applicant company had exposed his strictly private life in a manner likely to compromise him in public, in breach of section 7 of the Media Act. Moreover, the articles published on 27, 28 and 29 January 2004 had, without justification, disclosed the identity of a person who had been the victim of a criminal offence to a large and not directly informed circle of people, in breach of section 7a of the Media Act. 22.  The Regional Court accepted that there existed a direct link between the events reported on and the public interest because of the sharp criticism voiced of the conduct of the court officials who had attempted to enforce the custody order. However, the person with custody of Christian had not agreed to publication and the public interest in the events could have been satisfied without giving the child’s full name and publishing pictures of him. 23.  On 29 March 2005 the applicant company appealed. Relying on Article 10 of the Convention, it argued, inter alia, that the Regional Court had failed to take into account the fact that there had already been an ongoing debate and that Christian’s father, acting as his son’s spokesman and in his interests, had informed the media of the events. Furthermore, it claimed that it had only acted as a public watchdog, informing the public about the proceedings and criticising the domestic authorities in the public interest. 24.  On 21 September 2005 the Vienna Court of Appeal partly allowed the appeal. It found that there had been no breach of section 7a of the Media Act, because under that provision a compensation claim existed only if a media outlet had described acts by which someone had become the victim of a crime and if the description violated the victim’s protected interests. In the present case, however, it was not the description of a criminal act that had breached Christian’s protected interests, since the proceedings against the court officials had ended without a conviction. The Court of Appeal therefore remitted the case to the Regional Court on this point. 25.  It further emphasised that by giving details of the plaintiff’s intimate family life and his full name, and by adding pictures of him, the newspaper had intruded into his strictly private life, as these details had merely been given in order to create a sensation and satisfy the curiosity of its readers. Even if there was a link to public life, a media outlet could report on a person’s strictly private life only to the extent necessary to satisfy the need for information related to those elements which were of relevance to the public interest. Reporting on events relating to a person’s strictly private life therefore had to be appropriate to the circumstances and proportionate. In the present case it had not been necessary for the purpose of informing the public of alleged shortcomings within the judiciary, nor had it been necessary to expose in such an intense and striking manner the severe strain being suffered by the juvenile plaintiff by inserting photographs showing his distress and despair, mentioning his full name and setting out the details of his seizure. 26.  On 19 May 2006 the Regional Court ruled again on the case and found no breach of section 7a of the Media Act. It accordingly reduced the amount of compensation to EUR 130,000. 27.  On 14 March 2007 the Vienna Court of Appeal upheld that decision.


4.  The applicant was born in 1984. 5.  On 15 October 2009 he was arrested by the Darnytskyy District Police Department of Kyiv on suspicion of having committed a robbery in aggravated circumstances. On the same day he was charged with that crime. 6.  On 16 October 2009 the Darnytskyy District Court of Kyiv (“the Darnytskyy Court”) ordered the applicant’s pre-trial detention for two months. 7.  On 10 November 2009 the applicant was also charged with murder. 8.  On 10 December 2009 the Darnytskyy Court extended the applicant’s pre-trial detention to three months, namely to 15 January 2010. 9.  On 13 January 2010 the Darnytskyy Court extended the applicant’s pre-trial detention to four months, namely to 15 February 2010. 10.  On 13 February 2010 the case was referred to the Kyiv Court of Appeal for consideration on the merits. 11.  On 15 March 2010 the Kyiv Court of Appeal held a preliminary hearing in the case and ordered, inter alia, that the preventive measure in respect of the applicant should be left unchanged. 12.  On 14 April 2011 the Kyiv Court of Appeal found the applicant guilty of robbery and murder. It convicted him to fourteen years’ imprisonment and ordered the confiscation of his property. 13.  On 13 September 2011 the Higher Specialised Court for Civil and Criminal Matters quashed the judgment and remitted the case for a fresh trial. 14.  On 24 December 2013 the applicant was found guilty of robbery and murder and sentenced to twelve years’ imprisonment. The court also ordered the confiscation of the applicant’s property. 15.  The applicant lodged an appeal. No further information was provided.