5.  The applicant was born in 1969 and lived in Odessa. He is currently serving a prison sentence in Ukraine. 6.  In summer 2002 the applicant, who was the president of the Odessa Komsomol (Young Communist League) at the material time, unsuccessfully ran for the Odessa Regional Council. According to him, following the election campaign, the State Security Service of Ukraine (“SSU”) put in place secret surveillance measures against him. 7.  On 15 December 2002 the SSU arrested the applicant in Odessa on suspicion of having organised a criminal group formed of Komsomol members and having planned and directed several violent crimes committed by its members. 8.  On 16 December 2002 the applicant was taken for questioning to Mykolayiv, where several other individuals implicated in membership of the same group had been arrested and detained some time before. 9.  On the afternoon of 16 December 2002 the applicant signed a notice that he had been informed of his rights as a suspect and expressed the wish to have a lawyer. On the same date the applicant was appointed a legal-aid lawyer, A.S. In his presence, the applicant terminated the appointment and stated that he agreed to be questioned without a lawyer, until his wife hired one privately. 10.  On the same date the applicant was questioned and acknowledged his affiliation with the communist party and the Komsomol, a number of whose activists named by the investigator he knew in person. At the same time, the applicant denied having taken part or having been aware of any criminal activity by these individuals. The record of the applicant’s questioning was preceded by his signature, which was underneath a note summarising his rights as a suspect and stating that he had given his consent to take part in the questioning session without legal representation. 11.  On the same date the applicant was placed in Mykolayiv temporary detention centre (ITT), which, according to him, had unsuitable living conditions. The applicant was subsequently remanded in custody and transferred to Mykolayiv pre-trial detention centre (SIZO). 12.  On 17 December 2002 a confrontation was conducted between the applicant and A., one of the individuals implicated in membership of the applicant’s criminal group. The record of the confrontation notes that before the questioning, the investigator informed the parties of their procedural rights and asked the applicant whether, regard being had to the fact that he had no legal representation, he agreed to take part in the confrontation. The applicant expressed his willingness to take part in the confrontation, stating that he felt capable of representing himself at that point. Following this introduction, A., who was represented by a lawyer, testified that the applicant had planned and organised several robberies, in which A. and some other individuals from the Komsomol had been involved. Having heard A.’s statement, the applicant refused to take any further part in the confrontation without a lawyer and the confrontation was discontinued. 13.  On 21 December 2002 lawyer A.A., hired by the applicant’s spouse, was admitted to the proceedings as the applicant’s representative. 14.  On 25 December 2002 the applicant was indicted on a number of charges including organising and directing a terrorist group with a view to re-establishing a communist state by violent means and being in charge of several robberies (“expropriations”) committed in order to raise funds for the group. Following his indictment, the applicant was questioned in A.A.’s presence. During questioning, the applicant reiterated his previous position and denied involvement in any criminal activity. Asked whether he had been subjected to any psychological or physical ill-treatment by the investigative authority, the applicant stated that he had not been subjected to any ill-treatment. 15.  On 21 February 2003 the applicant terminated A.A.’s appointment, as the further investigation of his case had been transferred to the Odessa branch of the SSU, whereas A.A. practiced in Mykolayiv. 16.  On 3 March 2003 the applicant was transported to Odessa no. 21 pre-trial detention facility (“the Odessa SIZO”), where he was detained until November 2005. 17.  On 19 March 2003 the applicant was further questioned as a criminal defendant. Before the questioning session began, he signed a waiver of his right to legal representation, having indicated that he was capable of defending his own interests. During questioning, the applicant refused to answer any questions, referring to his constitutional right to remain silent. Questioned several more times in spring 2003, the applicant signed further waivers of his right to legal representation and chose to remain silent. 18.  On 18 April 2003, referring to his ability to represent his own interests, the applicant refused to accept the appointment of legal-aid lawyers D. and R., who had been selected by the authorities, and asked for no further legal-aid lawyers to be appointed during the investigation stage. 19.  On 21 May 2003 lawyer A. K., engaged by the applicant’s wife, was admitted to the proceedings as the applicant’s new representative. The applicant, questioned in her presence, refused to testify and chose to remain silent. 20.  On 27 May 2003 the investigation was finished and the applicant, along with ten other individuals implicated in membership of the same criminal group, was committed to stand trial before the Odessa Regional Court of Appeal (“Regional Court”), acting as a first-instance court. 21.  On 24 July 2003 the applicant and his lawyer A.K. both signed an affidavit that they had familiarised themselves with the forty-four volume case file. 22.  In the beginning of September 2003 the Regional Court held a preparatory hearing in the applicant’s case and allowed requests made by the applicant’s co-defendants R., S. and D. for additional time to study the case-file materials. 23.  On 3 September 2003 the applicant’s spouse terminated A. K.’s appointment, referring to financial difficulties, and the applicant asked the court to appoint a lawyer to represent him. 24.  At the next court hearing (on 24 September 2003) the Regional Court appointed O.K. as the applicant’s new lawyer and granted her time to study the case file. On the same date the court rejected the applicant’s request for additional time to study the case file, referring, in particular, to his affidavit that he had studied it in full, to his failure to lodge this request before the beginning of the trial, and to the fact that the applicant would be able to seek to have case-file documents that were to be examined at a particular hearing read out in full or in part by the court before their examination. 25.  On an unspecified date the Regional Court rejected the applicant’s request to appoint his father, who was not a lawyer, as his lay defender, referring to a conflict of interests that would arise if this was allowed. In particular, the applicant’s father had been summoned for questioning as a witness in the case. According to the applicant, his father was never questioned in the end and never even received an official summons. 26.  On 17 November 2003 the applicant’s lawyer, O.K., did not attend the hearing. 27.  On 24, 25 and 26 November 2003 the applicant asked for O.K. to be excluded from the proceedings, alleging that she had been passive in representing his interests, had not been supportive of his chosen defence strategy, and that he would prefer to be represented by a privately-funded lawyer. On 26 November 2003 the applicant’s request was allowed and he was given until 1 December 2003 to engage a privately-funded lawyer. 28.  On 1 December 2003, the applicant still not having engaged a privately-funded lawyer, the court appointed A.B. as his new legal-aid lawyer. 29.  On 26 January 2004 the applicant sought the replacement of his court-appointed lawyer A.B. with O.K., who had previously represented him as a court-appointed lawyer but who had now been privately engaged by his wife. This request was allowed and O.K. represented the applicant until the end of the trial. 30.  During the trial, the applicant acknowledged that he had supported communist ideas and had taken part in publishing and distributing propaganda. However, he denied having been involved in any violent crimes. The applicant also complained that the investigative authorities had subjected his co-defendants and himself to ill-treatment with a view to breaking their moral resistance. In particular, upon the applicant’s arrest in December 2002, the officers had threatened him with physical ill-treatment and had made inappropriate remarks concerning his wife and family life. He had also been transported to Mykolayiv lying handcuffed on the floor of the prison van and blindfolded with a dark hat, which had made him suffocate and caused him to suffer a heart attack. 31.  After the death of B., one of the applicant’s co-defendants, during the trial proceedings, the applicant and his co-defendants demanded an investigation into the circumstances of his death, alleging that it had resulted from torture and that they had also been subjected to ill-treatment at the investigation stage. Following the investigation, the prosecutor’s office reported to the Regional Court that B. had died of cancer and there had been no evidence of ill-treatment of the other co-defendants. 32.  According to the applicant, it was very difficult for him to concentrate during the trial. In particular, his health was adversely affected by the conditions of his detention and the lack of medical assistance for his heart problems available to him in Odessa SIZO. 33.  He noted, in particular, that between March and November 2003 he was detained in cell no. 187 in block 2 of Odessa SIZO, which was about eight square metres in size, had four beds and, at the time of his arrival, accommodated five detainees. The sanitary facilities were not separated from the living quarters. The wardens thwarted all the inmates’ attempts to gain some privacy by separating them with a curtain. The applicant’s inmates were repeat offenders. Some of them suffered from contagious diseases, such as HIV and tuberculosis. The administration ignored the applicant’s demands to be moved, as a healthy person with no criminal record, to a different cell. In November 2003 the applicant was relocated to a different cell, which was very similar in terms of physical and sanitary conditions. In addition, access to bathing facilities was very irregular. Furthermore, on various occasions the detainees were arbitrarily and brutally searched and beaten by special detachments of the armed forces. 34.  The applicant further noted that he suffered from hypertension, vegetative-vascular dystonia, coronary artery disease and arrhythmia, for which he received no proper care in Odessa SIZO. The applicant’s family sent him medicines, which on some occasions were unreasonably withheld. 35.  The applicant also submitted that on court days he and his co-defendants were routinely taken out of their cells at about 6 a.m. and placed with some 20-30 other inmates scheduled to be transported on that day in a special transit box, which measured some 15-20 square metres, had no windows and no heating. In such conditions the applicant and his co-defendants had to wait several hours for a prison van to come. Upon their return from court, they also routinely had to wait for several hours in the same holding area before being escorted to their regular cells. As a result, they missed meal time and were often left hungry. The “packed lunches” provided to them consisted solely of bread. Sometimes hot lunches were made available at court, but their provision was irregular. 36.  The applicant also maintained that he had raised complaints about these issues in court, but to no avail. He presented unofficial copies of court transcripts, according to which on 22 December 2003 the applicant asked for a hearing to be adjourned as he felt unwell. On 9 January 2004 the applicant asked for a medical appointment in a cardiology clinic. On 10 January 2004 he complained in court that on that day the convoy officers had made the defendants run, while handcuffed and bent over, up to the courtroom located on the sixth floor and had beaten his co-defendant P., who had stumbled and fallen. On 3 February 2004 the applicant complained that he was only allowed to have one-hour daily outdoor walks, while his heart conditions called for him to walk for two hours a day. On 12 February 2004 the applicant asked the court to investigate the conditions of detention in Odessa SIZO, alleging that his and his co-defendants’ health had been deteriorating. On 15 April 2004 the applicant complained to the Regional Court that on 14 April 2004 he and his co-defendants had been taken out of their cells at 8 a.m. and they had been held in the transit box, which had been cold, until 2 p.m. without lunch. Finally on 16 April 2004 the applicant supported a complaint lodged by his co-defendant S., according to whom on the preceding day he and his co-defendants had had to spend five hours in the cold transit box. As can be seen from the same transcript, the presiding judge advised the applicant and S. to address their complaints to the SIZO governor, which advice they rejected as futile. 37.  According to the Government, the conditions of the applicant’s detention were sufficient to meet his basic needs and compatible with his state of health. While the records enabling the identification of the applicant’s inmates and their health status had not been preserved, inmates suffering from contagious diseases were segregated from other detainees in accordance with the applicable rules. The Government provided numbers of various cells in which the applicant was held throughout his time in Odessa SIZO and indicated that these cells measured from 7.6 to 8.5 square metres and were designed to accommodate four inmates each and had not been overcrowded. They were equipped with windows giving sufficient access to natural light, had functioning sanitary facilities, tap water, heating, electric light and ventilation. Detainees were provided with three meals per day, one-hour daily walks and weekly access to bathing facilities. 38.  The Government further maintained that the applicant’s state of health had been regularly monitored by the SIZO medical staff on account of his pre-existing conditions (hypertension, vegetative-vascular dystonia, coronary artery disease and arrhythmia). In December 2003 the applicant underwent inpatient treatment in the SIZO medical unit for his premature ventricular contractions (arrhythmia). In addition, on several occasions the applicant also had consultations with civilian specialist doctors. In particular, on 15 January 2004, following the applicant’s request for a consultation with a civilian cardiologist, he was examined by the Odessa Emergency Clinic’s cardiologist, who confirmed his previous diagnoses and gave recommendations as to his further outpatient treatment, which was administered in the SIZO. In March 2004 the applicant underwent a medical assessment by a panel of civilian doctors and was certified to be in satisfactory health and fit for detention and trial. The Government presented a copy of a medical certificate, according to which on 12 March 2004 the applicant had been examined by an ophthalmologist, a urologist, a physician, a pulmonologist, a cardiologist and a neurologist from the Odessa Regional Hospital. 39.  The Government also maintained that the applicant and his co-defendants had always been promptly transported to and from the courthouse and had received breakfast and dinner in the SIZO. They had also been provided with either a packed lunch or hot lunch delivered to the court on hearing days. The catering had been organised by officer K., and, while copies of the available menus had not been kept, there was no record of any irregularity in the catering arrangements, which had been regulated by law. 40.  The Government also maintained that there was no record of any complaints by the applicant or his co-defendants, either with the SIZO administration or with the Odessa Prosecutor’s Office, concerning the conditions of their detention, transportation, catering or medical treatment. They presented affidavits by the Odessa SIZO governor and on behalf of the Odessa Prosecutor’s Office in this respect. 41.  On 19 July 2004 the Regional Court convicted the applicant of propagating a violent revolt against the constitutional order and attempting to undermine the territorial integrity of Ukraine; organising and running a criminal group; participating in a terrorist act (detonation of an explosive in a rubbish bin near the SSU headquarters in Kyiv); smuggling goods across the Russian border; unlawful handling of firearms and explosives; several armed robberies; and engagement of a minor in criminal activity. The applicant was sentenced to fourteen years’ imprisonment. The court also dismissed allegations of ill-treatment raised in respect of the applicant and some of his co-defendants as unsubstantiated. Finally, it noted that, insofar as the complaints of inadequate medical assistance in Odessa SIZO were concerned, the applicant had been examined by civilian medical specialists in March 2004 and had been found to be in a satisfactory state of health and fit to take part in the court proceedings. 42.  On 18 August 2004 the applicant lodged a cassation appeal against this judgment. In his statement of appeal, the applicant reiterated his innocence and his allegations of ill-treatment advanced during the trial. He also reiterated that no medical assistance necessitated by his chronic conditions had been made available to him in Odessa SIZO and that the conditions of his and his co-defendants’ transport to the court premises had been inhuman. In this respect he noted that on 10 January 2004 the convoy had made him and his co-defendants run to the sixth-floor courtroom while handcuffed and bent over and that on 10 March 2004 the detainees had been arbitrarily held in the prison van for an extra two hours on the way back to the SIZO. The applicant further complained in his cassation appeal of a breach of his right to mount a defence. He noted in this respect that he had not been provided with a lawyer upon his arrest; his request to have his father appointed as his lay defender had been rejected; and his lawyer O.K. had not attended the hearing of 17 November 2003. Finally, the applicant complained that his right to have sufficient time and facilities for the preparation of his defence had been breached, as the Regional Court had rejected his request for an extension of time in which to study the case-file materials in preparation for the trial. The applicant also mentioned that he was intending to supplement his statement of appeal with further submissions. No copies of any such submissions were provided to the Court. 43.  On 26 July 2005 the Supreme Court of Ukraine re-qualified the applicant’s conviction for smuggling as aiding and abetting smuggling and otherwise upheld the first-instance court’s judgment. The conviction for distribution of propaganda and attempting to undermine the territorial integrity of Ukraine was not reviewed, as the applicant had not lodged an appeal against it. In its decision, the Supreme Court noted, in particular, that the evidence of the applicant’s guilt included the testimony of his co-defendants and victims of his crimes given during the trial and that there was no evidence that any statements obtained during the pre-trial investigation had been extracted through ill-treatment or in breach of the applicant’s or his co-defendants’ right to mount a defence. Finally, it noted that the Regional Court had properly rejected the applicant’s request for further time in which to study the case-file materials, as it was unsubstantiated. 44.  In November 2005 the applicant was transferred to Sokyriany no. 67 Correctional Colony (“Sokyriany Colony”) to serve his sentence. 45.  In February 2009 the applicant’s lawyer, based in Moscow, Russia, asked the Regional Court to send him a number of documents from the applicant’s case file by post. 46.  On 25 June 2009 the court denied this request, noting, in particular, that it had no facilities with which to prepare and send the copies and that the lawyer could study the case file on the court’s premises. 47.  Between 17 June and 2 August 2005 the applicant was detained in Kyiv pre-trial detention facility (“Kyiv SIZO”) awaiting the review of his conviction in the cassation proceedings. 48.  According to the applicant, the conditions of his detention were detrimental to his health and incompatible with human dignity. In particular, the facility was extremely overcrowded. A cell which contained eleven sleeping places was occupied by twenty-two inmates. The window was covered with metal shutters, barely letting in air and light. The electric light provided in the evenings was so dim that reading or writing could hurt the eyes. The sanitary facilities were not separated from the living quarters. The cell was not ventilated, the metal shutters overheated and the temperature often reached forty degrees. The air, mattresses and pillows were very damp. The provision and change of bedding was irregular. During the one-and-a-half months in which he was held there, the applicant only once had access to the bathing facility. He also received no medical help for his heart problems, which were bothering him because of the unsuitable physical conditions of his detention. 49.  According to the Government, the conditions of the applicant’s detention were reasonably adapted to his needs. The applicant stayed in cells nos. 101, 103 and 110, measuring 60.9 square metres, 31.4 square metres and 9.7 square metres respectively. At the material time cell 101, which was designed to accommodate thirty-eight inmates, was occupied by thirty-four; cell 103, which was designed to accommodate twenty inmates, was occupied by fourteen; and cell 110, which was designed for four inmates, was filled to its capacity. All of the cells were equipped with windows letting in natural light and fresh air, sanitary facilities, sinks, artificial ventilation, refrigerators and televisions. The average temperature in the cells was 20-23 degrees Celsius. The detainees were supplied with soap and bedding, which was regularly changed, and could also buy toiletries in the SIZO shop, if they so wished. They were also provided with three meals a day, and were allowed daily one-hour walks and weekly access to the bathing facility. 50.  On 7 November 2005 the applicant was transferred to Sokyriany Colony, where he served his sentence until July 2006. 51.  According to the applicant, upon his arrival on 7 November 2005 and until 15 November 2005 he was detained in the intake area (quarantine cell), which was very damp and unheated. His warm civilian clothes were seized and he was provided with a prison uniform in a size too small for him. This was not remedied until December 2005, when his mother brought warm clothes, which he was allowed to keep. During his mother’s visit, the applicant was allowed to stay with her in the colony’s visitor hostel, which was also barely heated. On various occasions the administration blocked or delayed the applicant’s correspondence and the delivery of communist newspapers to which the applicant subscribed. The applicant was not provided with appropriate medical care and treatment. In addition, the colony administration exerted arbitrary psychological pressure on him by subjecting him to special supervision (for example, the administration placed his bed by the entrance door to the cell in order to be able to supervise him more effectively). 52.  According to the applicant, he and his mother (on his behalf) brought the aforementioned matters to the attention of the colony administration and the prosecutor’s office. However, their complaints were either not dispatched, ignored, or poorly investigated into. 53.  As is evident from the case file, in 2006 the applicant’s mother lodged several complaints with various authorities, in which she referred to irregularities in the colony postal unit’s handling of the applicant’s correspondence and periodical subscriptions, a prohibition on the detainees keeping sugar in the cells, the poor heating of the colony’s visitor hostel and the disappearance of 200 hryvnias (UAH) transferred by her to the applicant’s account. 54.  On 31 March and 25 May 2006 the Chernivtsi Regional Prosecutor’s Office acknowledged certain irregularities in the operation of the colony’s postal unit in their responses to the applicant’s mother and notified her that disciplinary proceedings had been instituted against the officer responsible, while the colony governor had been instructed to improve the oversight of the postal service operation. They further noted that the detainees were forbidden to keep sugar in the cells to prevent alcohol production by them and that in winter 2006 the visitor accommodation had been equipped with movable radiators. Finally, they assured the applicant’s mother that the money purportedly lost had been duly credited to the applicant’s account. 55.  On 6 June 2006 the applicant’s mother wrote a letter to the Chernivtsi Prosecutor’s Office acknowledging an improvement in the delivery of the applicant’s correspondence and thanking them for their intervention. 56.  In June 2006 the applicant’s mother complained on the applicant’s behalf of deterioration in his health. 57.  On 11 July 2006 the applicant lodged a declaration with the colony governor, according to which he had developed skin and liver problems in spring 2006, but stating that he was now satisfied with the treatment he was receiving and had no further requests in this respect or complaints against colony medical staff. 58.  In summer 2006 the applicant was transferred to Torez no. 28 Correctional Colony in the Donetsk Region (“Torez Colony”), which operated under a lower-security regime, to continue serving his sentence. 59.  Having left Sokyriany Colony on 18 July, the applicant arrived in the Torez Colony in September 2006. 60.  According to the applicant, the conditions of his transport were incompatible with his state of health and with human dignity. Long distances were covered in prison trains and shorter ones in prison vans. The transit took several months because he was made to join various groups of prisoners making various shorter connections. The prison train carriages had compartments designed for four to six passengers, which were occupied by eleven or more detainees and their belongings. The overcrowded compartments were not ventilated and in the summer heat (above 30 degrees Celsius) the metal carriages overheated, making it hard to breathe. Reaching a destination took very long time, as upon arrival at an intermediate stop the cars often waited for hours for additional prisoners to be brought to the station or for a new locomotive to be connected to the train. A distance that would be covered in four hours in a regular train could take twenty-four hours or more. The guards escorted the detainees to the bathroom only once every four hours and there was no opportunity to go otherwise. The conditions of transport in the vans were also very uncomfortable. The vans had no windows and largely no ventilation. On many occasions they also took long stops and became overheated in the summer sun, aggravating the symptoms of the applicant’s heart and vascular problems and causing him to suffer intolerably. 61.  The applicant further maintained that the physical conditions in the detention facilities which accommodated him as a detainee in transit between various train and van rides were likewise not suitable for habitation. For instance, the cell in Lviv SIZO had a window facing the inner corridor with no access to natural light. Cell no. 1607 in Donetsk SIZO was located in the basement. It was damp with water dripping from the ceiling and walls covered in mould. Both facilities were heavily overcrowded, with detainees taking turns to sleep, were poorly lit, ventilated and infested with insects. The sanitary facilities in them were not separated from the living quarters. 62.  In addition to the poor physical conditions of detention and transport, the detainees in transit were also subjected to cruel and arbitrary practices by the convoy officers and prison guards. In particular, upon arrival and before departure they often had to spend an hour or so in overcrowded holding areas sitting in squat positions with their hands behind their heads. Guards also often made detainees assume a squat or other unnatural positions when moving somewhere, shouted, insulted, pushed and beat the prisoners, and performed unnecessary and degrading searches. The status of a prisoner in transit not having been sufficiently addressed in law and regulations, the administrative practice was not to provide them with bedding, not to segregate inmates sick with contagious diseases, and deny appropriate medical assistance or any communication with the outside world, including correspondence and visits. 63.  According to the Government, the travel journals containing the particulars of the conditions of the applicant’s transit had been destroyed. However, they asserted that the conditions of the applicant’s transport and detention in transit points had been reasonably adapted to meeting his needs. Prison train carriages were designed to accommodate up to eighty people. They contained large compartments measuring three and a half square metres designed to accommodate twelve people and smaller compartments of two and a half square metres designed to accommodate five people. It was permissible to put sixteen and six people in large and smaller compartments respectively during trips that took less than four hours. All train cars were supplied with artificial ventilation and it was also possible to open a window. Prison vans measured eight square metres inside and were designed to accommodate twenty-two people in three compartments (two larger ones designed for ten passengers each and one small compartment for two passengers). The vans had no windows, but they were equipped with vents and benches for sitting on. 64.  Upon the applicant’s arrival at Torez Colony in September 2006, his medical file was found to be missing. 65.  On 29 September 2006 the applicant’s mother complained to the Sokyriany District Prosecutor’s Office concerning the Sokyriany Colony’s administration’s decision to allow the applicant’s transfer in the summer heat and its failure to include his medical file in his travel documents. 66.  On 1 November 2006 the prosecutor’s office notified the applicant’s mother that according to Sokyriany Colony’s records, the applicant’s medical file had been properly handed over to the convoy officers escorting him out of the colony.


5.  The applicant was born in 1971 and lives in Chelyabinsk. 6.  On 17 January 2005 the applicant was detained on suspicion of having committed a robbery. 7.  By decision of 11 March 2005 the court extended the applicant’s pre-trial detention until 22 March 2005. According to the applicant, his pre‑trial detention continued on 23 March 2005 since the investigator sent his criminal case to the court with a one day delay. 8.  On 25 April 2005 the Tsentralniy District Court of Chelyabinsk convicted the applicant of robbery and sentenced him to nine years of imprisonment. The applicant appealed. 9.  By decision of 22 July 2005 the Chelyabinsk Regional Court upheld the judgment with certain modifications. 10.  The applicant subsequently lodged a request with a court to initiate supervisory review proceedings in his case. On an unspecified date the applicant’s request was granted. 11.  On 22 November 2006 the Presidium of Chelyabinsk Regional Court amended the judgment and reduced the applicant’s sentence to eight years and six months of imprisonment. 12.  During the trial the applicant was transported to the Tsentralniy District Court of Chelyabinsk to take part in the examination of his criminal case. 13.  While waiting for hearings in the Tsentralniy District Court of Chelyabinsk the applicant was put in a convoy cell, a barred room measuring approximately 4 sq. metres with one bench. According to the applicant, he was usually kept in the convoy cell with six other accused. On 29 June 2005 as many as nine accused were kept in the convoy cell. The cell did not have a toilet and the detainees were taken to the toilet on the wardens’ orders. Though the accused leaving for a court were provided with a packed lunch, no hot meal or hot water was distributed. The accused were not allowed to smoke. 14.  The applicant did not provide any detailed information as to how many times and how long he had been detained in the convoy cell. 15.  He stated that the average time spent in the convoy cell by an accused was 4-5 hours a day. 16.  On 30 June and 18 July 2005 the applicant complained to the court and the Head of the Court’s Convoy Service about the conditions of detention in the convoy cell. 17.  By letter of 28 July 2005 the Tsentralniy District Court of Chelyabinsk replied to the applicant’s complaint. The relevant part of the letter reads as follows:
“... on 29 June 2005 twenty accused were brought to the court’s convoy cells, the cells were filled up to the limit because according to the Order no. 41 ... the following categories of individuals should be detained separately: men and women, minors and adults, individuals with previous criminal record and first time accused, suspects and convicted, suspects and accused in one case.
According to the Federal Law ... smoking is prohibited in all premises of the Tsentralniy District Court of Chelyabinsk, including the convoy cell.” 18.  By letter of 9 August 2005 the Head of the Court’s Convoy Service replied to the applicant’s complaint. The relevant part of the letter reads as follows:
“On 29 June 2005 the convoy staff was obliged to seat the accused brought to the court according to the rules in force, thus 9 individuals were put together in one of the convoy cells.
According to the Federal Law ... smoking is prohibited in all premises of the Tsentralniy District Court of Chelyabinsk, including the convoy cell.” 19.  On 25 July 2005 the applicant asked the prosecutor to institute criminal proceedings against the wardens of the courthouse. The prosecutor ignored the applicant’s motion and the applicant challenged his inaction in court. By decision of 18 October 2005 the Chelyabinsk Regional Court rejected the applicant’s complaint in the final instance. The relevant part of the decision reads as follows:
“The court’s conclusion that there are no grounds to record the applicant’s complaint under Article 144 of the Code of Criminal Procedure (CCP) and to adopt a procedural decision under Article 145 of CCP correlates with the factual circumstances of the case. It follows from the applicant’s statement of appeal ... that he complained of the conditions of the detention in the convoy cell of the Tsentralniy District Court of Chelyabinsk, namely the smoking ban and the overcrowding of the cells. The complaint does not contain any information on committed crimes and does not require institution of criminal proceedings. These circumstances were established during the court hearing and confirmed by the record of the hearing. For the reasons mentioned above the court of first instance reasonably dismissed the applicant’s complaint.” 20.  The Government submitted that the courthouse convoy premises measuring 50 sq. metres in total had four cells, 4 sq. metres each. They had adequate ventilation and lighting, the entrance was secured by metal grill doors. Each cell was equipped with one bench. The cells did not have sanitary facilities, but the convoy premises had two lavatories. The applicant had access to the toilet at any time upon request. The Government provided undated photographs and a plan of the convoy premises. 21.  Relying on a certificate issued by the director of facility IZ-74/1 on 21 October 2009, the Government claimed that the applicant was brought to the Tsentralniy District Court of Chelyabinsk seven times: on 11 March, 7, 19, 22 and 25 April, 29 June and 31 August 2005. 22.  The Government submitted that the documents confirming the number of detainees in the convoy cells and their time of arrival and departure were destroyed on 16 January 2009 due to expiry of the time‑limit for their storage. 23.  With reference to the applicable regulations, the Government submitted that on the dates of the applicant’s transfers to the District Court the applicant had received a dry ration (bread, tinned meat or fish, tea, salt, sugar and disposable tableware before 2 August 2005, and instant first and second course, sugar, tea, disposable tableware from 2 August 2005). The Government provided a copy of the invoice dated 15 June 2006 confirming the purchase of a water boiler by the District Court. 24.  The Government acknowledged that on 29 June 2005 the convoy premises were crowded to the limit. According to the statement by the Deputy Head of the Convoy Service dated August 2005, there were twenty detainees in four cells in the convoy premises. The statement does not provide exact numbers for each cell.


7.  The applicant was born in 1975 and lives in Breda. He had a relationship with Ms B. from mid-1993. On 14 April 1995 a daughter, named A., was born to Ms B. and the applicant. 8.  Pursuant to Article 1:287 § 1 of the Civil Code (Burgerlijk Wetboek), as then in force, Ms B. obtained guardianship (voogdij) of A. The applicant was appointed as A.’s auxiliary guardian (toeziend voogd) on 19 May 1995 by the Enschede District Court judge (kantonrechter). The applicant’s auxiliary guardianship ended on 2 November 1995, when an amendment to the Civil Code came into force abolishing that function. 9.  The applicant and Ms B. did not formally cohabit, but the applicant visited her and A. on a regular basis. He also babysat and took care of A. on several occasions. Ms B. sometimes consulted the applicant about A.’s hearing problems. The applicant did not formally recognise (erkenning) A., as Ms B. refused to give her permission and her family also opposed such recognition. Although the applicant could have sought judicial consent for recognising A. (see paragraph 17 below), he did not avail himself of this possibility, considering that it would stand little chance of success. Moreover, the applicant preferred to respect the position adopted by Ms B. and her relatives, and maintain the de facto family ties he had with his daughter rather than establish formal legal ties with her. 10.  In August 1996 the applicant’s relationship with Ms B. broke down. On 23 January 1997 the applicant requested the Almelo Regional Court (arrondissementsrechtbank) to grant him access (omgangsregeling) to A. one weekend every fortnight and some weeks during the holiday period. In those proceedings Ms B. argued primarily that the applicant’s request should be declared inadmissible in that there had never been any family life within the meaning of Article 8 of the Convention between the applicant and A. and, in so far as family life had existed, it had ceased to exist after the end of her relationship with the applicant. In the alternative, Ms B. argued that to grant the applicant access would not be in A.’s interests. Ms B. further submitted that the applicant had behaved badly towards her (violence and financial abuse) and had shown little interest in A. She indicated, lastly, that A.’s hearing was impaired and that her daughter thus required a special approach of which she deemed the applicant incapable. 11.  By a decision of 26 February 1997, the Almelo Regional Court accepted that there was family life within the meaning of Article 8 of the Convention between the applicant and A., and that this family life had not ceased to exist since the breakdown of the applicant’s relationship with Ms B. It consequently declared the applicant’s request admissible. However, given the difficulties between the applicant and Ms B., the Regional Court decided to order the Child Care and Protection Board (Raad voor de Kinderbescherming) to conduct an investigation and to report to it on the feasibility of an access arrangement. 12.  Ms B. filed an appeal against this decision with the Arnhem Court of Appeal (gerechtshof). By a decision of 16 September 1997, the Court of Appeal quashed the decision of 26 February 1997 and declared the applicant’s request inadmissible. In its decision, the Court of Appeal stated:
“3.1  Out of the parties’ relationship (lasting from mid-1993 to August 1996), A. was born. Mr L. is the biological father of A. He has not recognised the child. The mother holds parental authority over A. by law.
... 4.5  In addition to what is stated under 3.1, the following, as contended by one side, and not, or insufficiently, disputed by the other, has been established or become plausible.
The father was present at A.’s birth. He has never been formally registered at the mother’s address, but (up to August 1996) regularly visited the mother. He has also changed A.’s nappy a few times [enkele malen] and has babysat her once or twice [een enkele keer], but not since August 1996. Further, the mother has on several occasions [verschillende keren] had contact by telephone with the father about (the hearing problems of) A. 4.6  In the light of the above facts and circumstances, it has been insufficiently established that the father has a close personal relationship with the child – who at the time of the breakdown of the parties’ relationship was one year old – or that there is a link between him and the child that can be regarded as ‘family life’ within the meaning of Article 8 of the Convention. The further circumstances relied on by the father, from which it would appear that he has a close personal relationship with the child, have – in contrast to the substantiated denial thereof by the mother – not been established. The terminology used by the mother in the proceedings (she spoke about ‘a relationship until October 1996’ and ‘my ex-partner’) cannot, either in itself or in connection with the above circumstances, lead to a different conclusion.
... 5.1  On the basis of the above considerations, the impugned decision is quashed, and the father’s request is declared inadmissible.” 13.  The applicant’s subsequent appeal on points of law was dismissed by the Supreme Court (Hoge Raad) on 5 June 1998. The Supreme Court rejected the argument that the mere biological link between the applicant and A. was sufficient to attract the protection of Article 8 of the Convention. It held that “family life” for the purposes of Article 8 implied the existence of further personal ties in addition to biological paternity. As to the lack of existence of such further personal ties, it accepted the findings of the Court of Appeal.


5.  The applicant was born in 1926 and at the material time lived in Limassol. She died on 23 December 2004. 6.  The deceased applicant was the owner (half-a-share) of a plot of land with a house on it in the village of Pelendri in the district of Limassol. The said house was the applicant's home. 7.  By letter dated 22 May 1997 the applicant's lawyer at the time informed the Minister of Communications and Works that the applicant had found out, by chance, that the works planned to take place in her village would entail the compulsory acquisition of her house and its demolition. He further noted that the authorities had been misinformed that no one had been living in the house. He emphasised that the applicant would not consent to the loss of her home and would challenge any administrative act for its compulsory acquisition. 8.  On 25 July 1997 a notice of compulsory acquisition of the applicant's property was published in the Official Gazette of the Republic of Cyprus (administrative act no. 908). The compulsory acquisition was for the purpose of the construction, improvement, alignment and surfacing of a public road. The notice stated as follows:
“Notification is hereby given that the immovable property described in the Schedule set out below is essential for the following purpose of public benefit, namely for the creation and development of roads in the Republic and its compulsory acquisition is imperative for the following reasons, namely the construction, improvement, alignment and surfacing of the road.”
On the same day a requisition order was issued under the Requisition of Property Law of 1962 (as amended) and published in the Official Gazette (no. 930):
“Because the immovable property described in the Schedule set out below ... is essential for the following purposes of public benefit, namely for the creation and development of public roads in the Republic or for any of these purposes and its requisition is imperative for the following reasons, namely the construction, improvement, alignment and surfacing of the Pelendri main road”
The initial duration of the order was for one year. It was subsequently extended until 23 July 1999 by publication in the Official Gazette of 12 June 1998 and until 22 July 2000 by publication in the Official Gazette of 18 June 1999. 9.  By letter dated 29 July 1997 the applicant lodged an objection to the compulsory acquisition and requisition of her property with the Ministry of Communications and Works. 10.  The applicant's objection was dismissed and on 15 May 1998 a compulsory acquisition order issued under the Compulsory Acquisition Law 1962 (Law 15/1962 as amended) was published in the Official Gazette (no. 576). The order referred to the earlier notice of compulsory acquisition. 11.  On 14 July 1998 the applicant lodged a recourse before the Supreme Court (first instance administrative jurisdiction) seeking the annulment of the compulsory acquisition order. She claimed, inter alia, that the impugned administrative act would result in her forced displacement from her village and her ancestral roots. 12.  In a letter dated 17 February 1999 sent by the Limassol District Officer to the Director General of the Ministry of Communications and Works, the former stated that a plot of State land had been found in the applicant's village and that an exchange had been proposed to the applicant and her family on the basis of the valuations that would be carried out by the Land Registry concerning the value of the house and the plot in question. However, the applicant had demanded, despite the fact that the Land Registry's valuations had not yet been completed, that she should be granted two houses on State land of her preference and that she was not willing to withdraw her recourse before such houses or land of her preference were granted to her or, otherwise, before the costs and a period of six months were given to her for the construction of two new houses. In view of the circumstances the Limassol District Officer considered that there was no possibility of reaching a settlement. 13.  On 13 July 2000 the Supreme Court (first instance administrative jurisdiction) dismissed the recourse and upheld the lawfulness of the compulsory acquisition order. 14.  On 19 July 2000, whilst the applicant's right of appeal was still in force, the Public Works Department of the Ministry of Communication and Works demolished the applicant's house. 15.  On 7 August 2000 the applicant was offered the sum of 450 Cyprus pounds (CYP) as annual rent for the period from 25 July 1997 until 25 July 2000 as compensation for the requisition of her property. The Government submitted that no agreement had been reached between the applicant and the authorities concerning the compensation. 16.  On 23 August 2000 the applicant lodged an appeal with the Supreme Court (revisional administrative jurisdiction) challenging the first instance judgment and the demolition of her house pending the expiration of her right to appeal. In her grounds of appeal she noted, inter alia, that the authorities had not taken possession of her property until 19 July 2000, namely, the day that they demolished her house and that following the expiry of the requisition order on 22 July 2000 no other requisition order had been issued. She further invoked Article 8 of the Convention. 17.  In the context of the appeal proceedings it emerged that, pending the first instance proceedings, the compulsory acquisition order (no. 930) and the preceding notification (no. 908) had been revoked by an order published in the Official Gazette of 20 August 1999 (no. 1004) on the ground, inter alia, that the acquisition of the applicant's property had not been necessary for the public benefit purposes stated in the initial notice of compulsory acquisition. In particular, the revocation order stated as follows:
“...
Whereas in accordance with the provisions of the Compulsory Acquisition Law, the compensation for the aforementioned acquisition was not paid or deposited.
Whereas the Acquiring Authority considers the immovable property which is described in the Schedule of this order which is part of the immovable property which is described in notice no. 908 as not required for the public benefit purposes which are referred to in notice no. 908.
For these reasons, the Minister of Communications and Works, exercising the powers granted to him by the Council of Ministers by section 7 of the Compulsory Acquisition Law ... with the present notification revokes notice no. 908/97 and order no. 567/98 in so far as they concern the immovable property described in the Schedule of this order”.
Both the parties and the first instance court had not been aware of this development at the material time. 18.  In a letter dated 6 November 2000 the Land Registry Department of the Minister of the Interior informed the then Attorney-General that the compulsory acquisition order of 15 May 1998 had been revoked because the relevant plans of the Land Registry did not correspond to the actual situation on the site. Furthermore, following the demolition, the applicant had refused the authorities' offers for a friendly settlement and had not replied to the offer made for the period the property was under the requisition order, i.e. from 25 July 1997 until 25 July 2000. In this connection the Land Registry noted that the applicant had sent letters of protest on 19 and 20 July 2000 to the Director of Public Works and the Minister of Interior respectively. Finally, the Land Registry requested advice with regard to the steps to be taken. In particular, it asked whether the Ministry should send an offer for the compulsory acquisition or whether a new compulsory acquisition order should be issued instead. 19.  Subsequently, in a letter dated 1 December 2000, by the Limassol District Engineer of Public Works to the Director of Public Works of the Ministry of Communications and Works, the following, inter alia, was stated:
“...
following your instructions we proceeded with the immediate demolition of the house on 19 and 20 July 2000 after repeated telephone conversations with the owner's son ...
Before the demolition process commenced we had a telephone conversation with the complainant's son and we once again mentioned the fact that we would proceed with the demolition of the house.
After this, once the house was opened up in the presence of the police, the Limassol District Officer, the Community Chairman and the Community Secretary of Pelendri village, all objects that were in the house were listed by all the abovementioned which were subsequently taken to a safe place and we proceeded to demolish the house”. 20.  On 18 May 2001 another order of requisition (no. 454) was published in the Official Gazette. On 19 April 2002 the period of requisition was extended until 17 May 2003 and then extended again on 3 April 2003 until 16 May 2004. 21.  In the meantime, on 30 April 2002 a new notice of compulsory acquisition of the applicant's property was published in the Official Gazette (no. 443). Subsequently, on 17 May 2002 an order of compulsory acquisition (no. 499) was published. 22.  On 29 May 2002 the applicant was offered the sum of CYP 12,500 as compensation for the compulsory acquisition of her property. The Government submitted that no agreement had been reached between the applicant and the authorities concerning the compensation. 23.  On 18 February 2003 the Supreme Court dismissed the appeal (see paragraph 16 above). In particular, it held that the demolition could not be considered as “damage” connected to the compulsory acquisition order that had been revoked, since, as admitted also by the applicant, the demolition had been carried out after the revocation of that order and whilst the requisition order was still in force. The court noted that, in accordance with its jurisprudence, “damage” in this context should be a direct result of the contested act and not of another cause. Accordingly, the court concluded that no issue of “damage” arose and thus no further examination of the validity of the revoked compulsory acquisition order was justified. The court also pointed out that timely notification of the revocation, which had been the Government's responsibility, would have rendered further consideration of the recourse unnecessary and further, took into account the fact that the compulsory acquisition order had been revoked on the ground that the acquisition of the applicant's property was not necessary for the public benefit purposes stated in the initial notice of compulsory acquisition. The Supreme Court granted the costs of the proceedings, both first instance and appeal, in favour of the applicant. 24.  In the meantime, on 29 September 2002, following the demolition of her house, the applicant lodged a recourse before the Supreme Court (first instance administrative jurisdiction) challenging the lawfulness of the decision and/or order to demolish her house and the act of demolition. She invoked Articles 8 and 13 of the Convention and Article 1 of Protocol No. 1 in this respect. 25.  On 26 March 2002 the Supreme Court dismissed the recourse. The court held that the act of demolition had not been an executory administrative act but the implementation of the administrative act of requisition. Furthermore, the court considered that there had not been a violation of the applicant's rights under Articles 8 and 13 of the Convention. In this respect it noted that under Article 23 (3) of the Constitution limitations to property, by law, were permissible on certain grounds. In the event of a lawful limitation on property, the above Article provided for just compensation which was determined, in the case of disagreement, by the civil courts. The right therefore of the applicant to compensation for the expropriated property was safeguarded. Furthermore the court considered that, in the event the Supreme Court upheld an appeal lodged by the applicant and annulled the compulsory acquisition order, she would be able to claim compensation for any damage suffered as a result of the administrative act under Article 146 (6) of the Constitution. 26.  On 7 May 2002 the applicant lodged an appeal before the Supreme Court (revisional administrative jurisdiction) against the first instance judgment. In her appeal grounds the applicant claimed, inter alia, that the demolition of her home violated her rights under Article 8 of the Convention and that the Supreme Court, at first instance, had wrongly omitted to examine Article 1 of Protocol No. 1 and to find a violation of Article 13 of the Convention. 27.  On 21 November 2006 the Supreme Court dismissed the appeal and upheld the first instance judgment. In particular, it held that the demolition of the applicant's house had not been an executory administrative act. Furthermore, it considered that it was not necessary to examine the question whether the demolition came within the parameters of the requisition order since, even in the case of a negative reply, the act at issue would be that of unlawful trespass falling within the ambit of private law and not public law. A remedy for such an act could be sought only by way of action before the district court. The Supreme Court held that it did not have jurisdiction to examine the case further on the basis of Article 146 of the Constitution and it therefore did not examine the remaining grounds of appeal.


10.  The applicants, who were born in Lice, currently reside in Diyarbakır. 11.  The facts of the case are in dispute between the parties. 12.  On the night of 12 May 1994 and in the early hours of 13 May 1994, the applicants heard gun fire coming from outside their village of Yolçatı, located in the administrative jurisdiction of the Lice District within the province of Diyarbakır. The firing continued until approximately 5 a.m. Subsequently, soldiers entered the village and told all the villagers to gather at the village mosque. 13.  The applicants alleged that the following took place: 14.  On 12 May 1994 the applicant was at home with his family. During the night he heard gun fire coming from outside the village. In the early hours of 13 May his son, Kamil Menteşe, left to take the livestock out of the village. The soldiers stopped his son, checked his identity card and released him. 15.  When the soldiers entered the village, they ordered all the villagers to gather near the village mosque. They asked them whether there were any PKK members in the area and whether they had been giving them food. The villagers replied that PKK activities were frequent in the area. Thereafter, the soldiers started to burn the houses in the village. At that time, the applicant’s son returned to the village and was taken away by the soldiers together with three other villagers. The applicant, together with the remaining villagers, was sent away from the village. After two days, they were allowed to go back to the village. When they came back, they saw that the village had been burned down. The next day, the applicant went to the Lice public prosecutor and to the military authorities to inquire into his son’s whereabouts. However, he received no reply. On 17 May 1994, five days after the incident, the corpses of twenty-six persons, including Kamil Menteşe, Sabri Akdoğan, Abdulvahap Maço and Yusuf Bozkuş, were found near the village. The corpse of the applicant’s son was found five hundred metres away from the others. The body was taken to the Lice Health Clinic and was subsequently buried in the Lice cemetery. 16.  The applicant and her family lived in the hamlet of Beğendik in the Yolçatı village. On the night of 12 May 1994 the applicant was at home with her family. At about 11 p.m. they heard gun fire near their house. It continued until 5 a.m. In the morning of 13 May, the applicant’s brother in-law, Yusuf Bozkuş, led the animals towards the Yolçatı village. Yusuf was about 60 years old and he was of unsound mind. At the same time, the applicant and her children tried to leave the hamlet. However, they were not able to go very far as the area was surrounded by soldiers. From a distance, the applicant saw her house catch fire. On the evening of 13 May the applicant and her children stayed in the forest and saw smoke rising from the surrounding hamlets and villages. Early in the morning of 14 May, they headed towards Lice. 17.  On 15 May 1994 the applicant heard from her neighbours that her brother-in-law, Yusuf Bozkus, had been arrested by the security forces near the Yolçatı village together with six other villagers. Upon receiving this information, the applicant attempted to search for Yusuf. However, as the roads were blocked with panzer tanks, she could not go back there. When she returned to Lice, her children told her that Yusuf’s body had been found and identified by Yusuf’s brother, Hasan Bozkuş. According to Hasan Bozkuş, Yusuf’s skull was completely shattered and there were five bullet holes in his chest. 18.  The applicant went back to the village one month later and saw that her house had been burned down. 19.  The applicant and her children were in the village on the evening of 12 May 1994. They heard gun fire throughout the night. On 13 May, at 6 a.m., soldiers arrived in the village and told the villagers to gather around the mosque. The applicant and her children accordingly went to the mosque. The commander then ordered the soldiers to start burning the houses. The applicant’s house was burned down along with others. Subsequently, all men who were under 60 years old were ordered to leave the village together with a soldier. The applicant saw Sabri Akdoğan, Abdulvahap Maço, Reşit Demirhan and Kamil Menteşe being taken away by a soldier. After some time, the applicant heard gun fire from the direction where the men had been taken, and she subsequently saw a couple of soldiers coming back to the village from that direction. 20.  The applicant was in the village of Yolçatı on the night of 12 May 1994. In the early hours of 13 May at about 6 a.m., the village was surrounded by soldiers, who arrived in the village by vehicles, panzers and a helicopter. The villagers were ordered to gather around the mosque and they were interrogated about PKK activities. The soldiers then began burning down the houses. The village men who were under 60 years old were asked to leave the village with the soldiers. Upon this order, the applicant’s son Reşit Demirhan, who was 48 years old, together with Sabri Akdoğan and Abdulvahap Maço, were taken away by the soldiers. The applicant was sent to Lice with the remaining villagers. He tried to get information as to the whereabouts of his son. However, the soldiers did not allow him to look for him. After two days, the applicant returned to the village. The following day, some villagers went to the Lice public prosecutor to obtain information about the missing villagers. The body of the applicant’s son was subsequently found near the village together with the bodies of Sabri Akdoğan, Hasan Bayram, Mehmet İlkkaya, Yusuf Bozkuş, Fahri Bayram, Ramazan Bayram, Ekram Bayram, Abdulvahap Maço and Kamil Menteşe. Kamil’s body was found five hundred metres away from the other bodies. The applicant heard that there were twenty-six bodies at the scene of incident. The body of the applicant’s son was buried on 16 May 1994 in Diyarbakır. 21.  The applicant lived in the village of Yolçatı. When the firing stopped at around 5 a.m. on 13 May 1994, the applicant fled from the village. While running away, she saw a helicopter land in the village. She saw smoke rising from the village. Two weeks later when she returned to the village, she saw that her house had been burned down. 22.  The applicant and his family lived in a hamlet of the Yolçatı village. On the night of 12 May 1994 they heard gun fire. It continued until 5 a.m. When the firing stopped, the applicant and his family tried to go to Lice. While they were passing near the Yolçatı village, they were stopped by soldiers and the applicant’s son, Abdulvahap Maço, was taken away by the soldiers. The applicant was able to witness smoke rising from the nearby villages and hamlets in the area. The applicant and the rest of the family members continued towards Lice and stayed there with relatives for two days. On 15 May 1994 the applicant was informed by some villagers that his son Abdulvahap Maço had been found dead together with four other villagers, Reşit, Hasan, Yusuf and Sabri. The applicant subsequently went to the Lice public prosecutor and the leader of the Council and told them about the incident. However, they both responded that there was nothing they could do to help him. When the applicant received permission to collect his son’s body, he went back to the village. He saw that the village had been burned. He subsequently found the corpse of his son behind some rocks. There were several bullet marks on the body. The applicant took his son’s body to the Lice Health Clinic and subsequently buried him in Lice. 23.  The Government denied the allegations submitted by the applicants. They informed the Court that an armed clash had taken place on 13 and 14 May 1994 in the vicinity of the Dibek village, also attached to the Lice District. According to the Government, four soldiers had been killed during this incident. 24.  In support of their submissions, the Government provided the full case file concerning the investigations into the killings of Kamil Menteşe, Yusuf Bozkuş, Reşit Demirhan and Abdulvahap Maço. 25.  On 15 May 1994 the corpses of Reşit Demirhan, Sabri Akdoğan and Hasan Bayram were found in the vicinity of the Yolçatı village. These corpses were brought to the Lice Health Clinic by the villagers. After the bodies were officially identified, post-mortem examinations were carried out on the bodies by a doctor together with the Lice public prosecutor. The doctor perceived that rigor mortis had set in and bruising had appeared on the body of Reşit Demirhan. He noted the presence of
- a bullet entry hole under the right eye and a bullet exit hole measuring 5 x 6 cm. in the occipital area, which had cracked the skull and caused heavy damage to the brain;
- a bullet entry hole on the left side of the chest and an exit hole on the fourth vertebra, measuring 5 x 3 cm, which had caused damage to the spine;
- a bullet entry hole on the lower right side of the abdomen and a bullet exit hole, measuring 2 x 2 cm. on the right side of the thigh;
- a bullet entry hole on the front exterior side of the left arm and a bullet exit hole on the interior side of the left arm;
- a bullet entry hole on the front part of the left arm and a bullet exit hole in the palm of the left hand; and
- scars possibly caused by gunshot wounds on some parts of the body.
No other signs were observed on the body. As the cause of death was found to be the destruction of the brain by gun shots, it was decided not to carry out a classical autopsy on the body. 26.  On 16 May 1994 the villagers found the body of Abdulvahap Maço near the village of Yolçatı. The body was brought to the Lice Health Clinic. Together with the Lice public prosecutor, the doctor conducted a post mortem examination. In the report, it was noted that rigor mortis had set in and bruising had appeared on the body. The doctor also found
- a bullet entry hole above the left eyebrow and a bullet exit hole in the occipital region measuring 6 x 10 cm., as a result of which the skull had been shattered and the brain heavily damaged;
- two adjacent bullet entry holes on the left side of the neck;
- two adjacent bullet exit holes on the right side of the neck, under the chin;
- a bullet entry hole on the left leg and a bullet exit hole in the calf measuring 2 x 8 cm;
- two wounds, one on the back of the right ankle measuring 4 x 2 cm. and another on the front part of the ankle measuring 3 x 4 cm, possibly caused by bullets;
- a fractured tibia; and
- a bullet entry hole on the right calf and a bullet exit hole above the right knee, causing a wound measuring 10 cm., which had damaged tissue and fractured the lower part of the femur.
No other signs were observed on the body. As the cause of death was found to be the destruction of the brain by gun shots, it was decided not to carry out a classical autopsy on the body of Abdulvahap Maço. 27.  On 17 May 1994 the bodies of Yusuf Bozkuş and Kamil Menteşe were also found by the villagers near the mountains in the vicinity of the Yolçatı village, and were brought to the Lice Health Clinic. The body of Kamil Menteşe was identified by his father Abdullah Menteşe and the body of Yusuf Bozkuş was identified by his brother. The doctor conducted post-mortem examinations in the presence of the Lice Public Prosecutor.
In the report on the body of Yusuf Bozkuş, it was noted that rigor mortis had set in and bruising had appeared on the body. The doctor also found
- a bullet entry hole in the chin, and a bullet exit hole, measuring 10 x 15 cm. which had caused heavy damage to the brain; and
- three bullet entry holes in the left collar bone area, the right collar bone area and the right side of the neck, and three bullet exit holes, two in the shoulder blade area and one under the left underarm.
No other signs were observed on the body.
In the report on the body of Kamil Menteşe, it was noted that rigor mortis had set in and bruising had appeared on the body. The doctor also found
- a bullet entry hole in the neck and a bullet exit hole above the right shoulder blade;
- a bullet entry hole in between the shoulder blades, and a bullet exit hole in the front part of the right underarm, measuring 2 x 3 cm;
- a lateral wound measuring 10 cm. in the femur area which had been caused by a sharp object;
- a wound which had been caused by a sharp object, measuring 8 x 3 cm on the right biceps;
- two further wounds on the right arm, caused by a sharp object;
- a bullet entry hole on the lower interior part of the left knee and a bullet exit hole on the exterior part of the knee, measuring 4 x 5 cm;
- scars due to gun shots on the left leg; and
- the right ear of the deceased was missing for unknown reasons given the one week delay in the autopsy.
As the doctor had found that both Yusuf Bozkuş and Kamil Menteşe had died from gunshot wounds, he did not deem it necessary to perform a classical autopsy on the bodies. 28.  The Government maintained that investigations were initiated to find the perpetrators of these killings. In this respect, they referred to the correspondence between the Lice public prosecutor and the Lice Gendarmerie Command. Copies of several letters, written by the prosecutor to the gendarme commander, asking the commander to conduct an investigation into the killings of Kamil Menteşe, Yusuf Bozkuş, Reşit Demirhan and Abdulvahap Maço were submitted to Court. The gendarme commander also sent regular reports to the prosecutor indicating that it had not been possible to locate or identify the perpetrators. 29.  On 28 December 1998 the Lice public prosecutor took statements from two villagers, Mehmet Baltan and Ahmet Baltan, in connection with the killings of Kamil Menteşe and Yusuf Bozkus. In his statement, Mehmet Baltan explained that he did not know Yusuf Bozkuş or Kamil Menteşe but he had heard that someone from the Yolçatı village had been abducted and killed in May 1994. When interrogated about the killing of Yusuf Bozkuş and Kamil Menteşe, the second witness, Ahmet Baltan, explained that he had known Kamil and Yusuf. He also knew that these two villagers were found dead. However he had no knowledge as to who might have killed them. 30.  On 31 January 2000 the Lice public prosecutor concluded that it had not been possible to establish the identities of the perpetrators of the killings of Kamil Menteşe, Yusuf Bozkus, Reşit Demirhan and Abdulvahap Maço. He accordingly decided to issue a continuous search warrant for the perpetrators of the killings, which would remain valid for twenty years, the statutory time limit under Article 102 of the Criminal Code. The prosecutor also instructed the authorities to continue pursuing a meticulous search for the perpetrators. 31.  Subsequently on 16 September 2001, 23 March 2002, 4 September 2002, 10 September 2002, 20 December 2002 and 4 March 2003, gendarme officers attached to the Lice Gendarme Command went to the Yolçatı village for onsite inspections. In their respective reports, they stated that there was no new evidence concerning the incidents, and that the identities of the perpetrators could not have been established.