5.  The applicant was born in 1948 and lives in Bradford. 6.  The applicant was employed by Serco Limited (“Serco”) from 5 December 2003 to his dismissal on 30 June 2004. Serco provided transport to local authorities, including Bradford City Council. 7.  The applicant, who is white British, was employed formerly as a driver’s escort and latterly as a driver. As such, he was responsible for transporting children and adults with physical and/or mental disabilities within the Bradford area. The majority of his passengers were Asian in origin. There had been no complaints about his work or his conduct at work and his supervisor, who was of Asian origin, had nominated him for the award of “first-class employee”. 8.  On 26 May 2004 a local newspaper article published in Bradford and the surrounding areas identified the applicant as a candidate for the British National Party (“the BNP”) in the forthcoming local elections. On the same day, the applicant was temporarily assigned to deliver mail to local council offices. 9.  At the relevant time the BNP only extended membership to white nationals. According to its constitution it was:
“wholly opposed to any form of integration between British and non-European peoples. It is therefore committed to stemming and reversing the tide of non-white immigration and to restoring, by legal changes, negotiation and consent, the overwhelmingly white makeup of the British population that existed in Britain prior to 1948.” 10.  On 27 May 2004 UNISON, the public sector workers’ trade union, sent a letter to Serco stating that many of its members found the applicant’s continued employment a “significant cause for concern, bearing in mind the BNP’s overt and racist/fascist agenda.” The letter advised Serco that 70-80 percent of its customer base and 35 percent of its workforce were of Asian origin. UNISON asked that Serco take immediate action to ensure its members were not subjected to racial hatred. Another trade union, GMB, and a number of employees also made representations to Serco about the applicant’s continued employment. 11.  On 15 June 2004 the applicant was elected as a local councillor for the BNP. After taking legal advice Serco summarily dismissed him on 30 June 2004. Serco cited, inter alia, potential health and safety risks as the applicant’s continued employment would give rise to considerable anxiety among passengers and their carers. It also expressed concern that the applicant’s continued employment could jeopardise its reputation and possibly lead to the loss of its contract with Bradford City Council. 12.  Ordinarily, one year’s service is required before an employee can bring an action for unfair dismissal under the Employment Rights Act 1996 (“the 1996 Act”), although this qualifying period does not apply where the dismissal was on grounds of pregnancy, race, sex or religion. The applicant therefore lacked sufficient continuous service to bring an action for unfair dismissal. However, on 12 August 2004 he lodged a statutory claim of race discrimination in the Employment Tribunal pursuant to the Race Relations Act 1976 (“the 1976 Act”). 13.  The applicant claimed that he had been unlawfully discriminated against as his dismissal constituted less favourable treatment on racial grounds. The racial grounds relied on were those of the passengers and employees of Serco who were of Asian origin. He further argued that since the BNP was a “whites-only” party, his dismissal also constituted indirect racial discrimination. 14.  The Employment Tribunal gave judgment on 2 February 2005. It noted Serco’s concerns that the applicant’s continued employment might lead to difficulties with other employees; damage its relationship with the unions; lead to attacks on Serco’s minibuses which would jeopardise the health and safety of Serco’s staff, its vulnerable passengers, and the applicant himself; cause considerable anxiety amongst Serco’s passengers and those relatives/carers entrusting vulnerable passengers to its care; and damage its reputation so as potentially to place at risk existing contracts and future bids for work in the public sector and elsewhere. 15.  The Employment Tribunal dismissed the claim of direct discrimination as it was satisfied that if any discrimination existed against the claimant it was not on racial grounds but rather on health and safety grounds. The Tribunal also dismissed the claim of indirect discrimination on the ground that the applicant’s dismissal was a proportionate means of achieving a legitimate aim, namely the maintenance of health and safety. 16.  The applicant lodged an appeal with the Employment Appeal Tribunal. On 27 July 2005 his appeal was upheld on the ground that the Tribunal had erred in its construction of the phrase “on racial grounds” by failing to interpret its meaning broadly and had not indicated how it had come to the conclusion that the applicant’s dismissal was a proportionate means of achieving the aim of ensuring health and safety because, inter alia, there had been no consideration of any alternatives to dismissal. 17.  On 9 September 2005 Serco was granted permission to appeal to the Court of Appeal. 18.  On 25 May 2006 the Court of Appeal allowed Serco’s appeal and restored the order of the Employment Tribunal. Mummery LJ found the applicant’s submission that he had been subjected to direct race discrimination to be wrong in principle and inconsistent with the purposes of the legislation. 19.  In rejecting the claim of direct discrimination, the Court of Appeal noted that:
“Mr Redfearn was treated less favourably not on the ground that he was white, but on the ground of a particular non-racial characteristic shared by him with a tiny proportion of the white population, that is membership of and standing for election for a political party like the BNP. Serco was not adopting a policy which discriminated on the basis of a dividing line of colour or race. Serco would apply the same approach to a member of a similar political party, which confined its membership to black people. The dividing line of colour or race was not made by Serco, but by the BNP which defines its own composition by colour or race. Mr Redfearn cannot credibly make a claim of direct race discrimination by Serco against him on the ground that he is white by relying on the decision of his own chosen political party to limit its membership to white people. The BNP cannot make a non-racial criterion (party membership) a racial one by the terms of its constitution limiting membership to white people. Properly analysed Mr Redfearn’s complaint is of discrimination on political grounds, which falls outside the anti-discrimination laws.” 20.  In rejecting the claim of indirect discrimination, the following was noted:
“For indirect discrimination ... it is necessary to identify a ‘provision, criterion or practice’ which Serco has applied or would apply equally to persons not of the same race or colour. ... Mr Redfearn ... failed to present the tribunal with a case, which satisfied the requisite elements of a claim for indirect race discrimination and upon which the tribunal could properly make a finding of indirect race discrimination....
The employment tribunal appears to have attempted itself a version of a ‘provision, criterion or practice’ in paragraph 5.6 of its decision (see paragraph 28 above). However, it is formulated too narrowly (membership of the BNP) to be meaningful. A provision of ‘membership of the BNP’ could not be applied to a person who was not of the same colour as Mr Redfearn, because only persons of the same colour as him (white) are eligible to be members of the BNP. A more general and meaningful provision along similar lines would be one applying to membership of a political organisation like the BNP, which existed to promote views hostile to members of a different colour than those that belonged to the organisation. If such a provision were applied, however, it would not put persons of the same race as Mr Redfearn ‘at a particular disadvantage’ when compared with other persons within section 1(1A) of the 1976 Act. All such political activists would be at the same disadvantage, whatever colour they were.” 21.  Lastly, with regard to the applicant’s contention that he had been subjected to less favourable treatment arising from membership of a political party contrary to his Convention rights under Articles 9, 10, 11 and 14 and that this should have been taken into account in deciding whether indirect discrimination had been justified, the Court of Appeal stated that:
“The 1998 Act does not assist Mr Redfearn in this case. He is not entitled to make a claim under it as Serco is not a public authority. Section 3 of the 1998 Act does not assist, as there is no respect in which the relevant provisions of the 1976 Act are incompatible with the Convention rights. As for justification under the 1976 Act I have already explained that it does not arise, as no case of indirect discrimination has been made out.” 22.  The applicant was refused leave to appeal to the House of Lords.


5.  The applicant was born in 1954 and lives in Engelskirchen, Germany. 6.  The facts of the case, as submitted by the parties, may be summarised as follows. 7.  On 7 (first round) and 21 (second round) April 2002 legislative elections took place in Hungary. The coalition which had governed the country from 1998 and, therefore, had been in charge of organising the elections, lost their majority. 8.  The official results of the elections were established by the local and regional electoral commissions following the second round. After the courts had ruled on certain complaints concerning the legality and outcome of the voting procedure, on 4 May 2002 the National Election Committee made a public statement in the Official Gazette, according to which the result had become final. As in previous Hungarian elections, they were virtually identical to the results of the exit poll carried out on the day of the second round and to the preliminary results announced by the Committee on the evening of 21 April 2002. Nevertheless, views were subsequently voiced in certain sections of the media that the elections had been “rigged”. 9.  International observers, in particular the Office for Democratic Institutions and Human Rights of the Organization for Security and Co-operation in Europe (OSCE), found that the parliamentary elections had been conducted in a manner consistent with international standards and that the Hungarian election system had provided the basis for a generally transparent, accountable, free, fair and equal process.[1] 10.  A period of two months elapsed during which a new government, in a coalition of the ex-opposition parties, was formed which took up its functions on 27 May 2002. On the morning of Thursday, 4 July 2002 several hundred demonstrators started to protest against the statutory destruction of the ballots, scheduled for 20 to 22 July. They blocked the centrally located Erzsébet Bridge in Budapest with their cars. Their objective was to force a recount of the election votes. Since they brought the traffic to a complete standstill and had not given prior notice of their gathering to the police, as required by Act no. 3 of 1989 on Freedom of Assembly (“the Assembly Act”), the demonstration was dispersed after several hours. 11.  Shortly afterwards, at around 1 p.m., more demonstrators, again without any prior notification, assembled at Kossuth Square in front of the Parliament building demanding a recount of the votes and expressing their support for the participants in the morning’s events at the Erzsébet Bridge. 12.  According to the applicant’s submissions of 14 February 2005 and the Government’s observations, these demonstrators had been at the Erzsébet Bridge and then relocated to Kossuth Square. However, in her submissions of 23 December 2007, the applicant stated that they had merely been supporters of those who had blocked the Erzsébet Bridge. 13.  Having learnt of these events from the news, the applicant joined the demonstration at around 7 p.m. By that time, traffic and public transport – including the circulation of trams and trolley-buses – had become seriously disrupted in the area of Kossuth Square. The estimated number of demonstrators ranged from several hundred to two or three thousand. The police initially attempted to allow the circulation of traffic to continue but eventually had to close some streets nearby. Finally, faced with an unmanageable situation, they broke up the demonstration at about 9 p.m. without using any force. The applicant participated in the demonstration until it was dispersed. 14.  The Hungarian media reported in detail on the events, and the affair was the leading news in the country. In an official communiqué, the President of the Republic condemned the events of 4 July 2002, declaring them illegal. He underlined that Hungary was a stable parliamentary democracy where human rights were observed and where even critical views should be voiced in a lawful manner.[2] 15.  The applicant sought judicial review of the actions of the police before the Budapest Central District Court. She asserted that the dispersal of the demonstration had been unlawful. 16.  On 1 October 2003 the District Court dismissed the applicant’s claim. It established that the duty to inform the police about planned assemblies was applicable to every type of demonstration, including spontaneous ones. Since the applicant did not deny that the demonstration in question had not been notified to the police, as required by section 14 of the Assembly Act, the latter had not had any other choice but to break it up. 17.  Moreover, the court found that the duty to inform the police in advance about assemblies held in public served the protection of the public interest and the rights of others, namely the prevention of disorder and the undisturbed circulation of traffic. Therefore, it concluded that the measures taken by the police had been in compliance with the law. 18.  The applicant appealed. On 13 July 2004 the Budapest Regional Court upheld the first-instance decision. Its judgment was served on the applicant’s lawyer on 31 August 2004.


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


5.  The applicant, Mr Vladlen Mikhaylovich Putistin, was born in 1934 and lives in Kyiv. 6.  The facts of the case, as submitted by the parties, may be summarised as follows. 7.  The applicant is the son of Mr Mikhail Putistin, a former Dynamo Kyiv football club player who competed in the 1936 USSR football championship when the club took second place in the competition. On 9 August 1942 the applicant’s father participated in the legendary “Death Match” between FC Start – a team mostly composed of professional football players of FC Dynamo Kyiv who were working in a bakery in Kyiv at that time - and a team of pilots from the German Luftwaffe, air defence soldiers and airport technicians (“Flakelf”). The match is known for the humiliating defeat of Flakelf (FC Start defeated Flakelf by a score of 5 - 3), despite the Flakelf players’ alleged display of lack of sportsmanship, which included physical challenges on their opponents, threats of sanctions against them and unfair refereeing by an SS officer. The victory of FC Start in that match allegedly resulted in serious repercussions for its players, who were arrested and sent to a local concentration camp where four of the players were eventually executed. 8.  In 2002 the Kyiv authorities commemorated the 60th anniversary of that match. The commemorations received wide media coverage. 9.  On 3 April 2001 the newspaper Komsomolska Pravda published an article named “The Truth about the Death Match” (original title: “Правда о Матче Смерти”) and was written by O.M., a journalist from that newspaper. In the article she recounted a plan to make a film based on the events surrounding the match of 1942. The article contained an interview with the future director and producer of the film, A.S. and D.K. It also featured a picture of the match poster from 1942 which included the names of all of the footballers who had played in that match. The article mentioned the names of four Dynamo Kyiv players who had been executed (Kuzmenko, Klimenko, Korotkikh and Trusevych), but did not name the applicant’s father. It also stated that A.S. intended to involve Mila Jovovic, Jean Reno and Andriy Shevchenko in the production of the film. The name of the applicant’s father was not legible on the picture of the 1942 match poster. In one paragraph of the article, D.K. stated that, according to his sources:
“... Actually, there were only four Dynamo players in the Start team created by the director of the local bread factory. And these [were the players who] were executed. And other [football] players worked in the police, collaborated with the Gestapo.”
Original text in Russian: “...Собственно, динамовцев в команде «Старт», которую создал директор местного хлебозавода, было лишь четверо. Их и расстреляли. А остальные игроки работали в полиции, сотрудничали с гестапо.” 10.  In July 2001 the applicant instituted proceedings against the newspaper Komsomolska Pravda and the above-mentioned journalist on the grounds that they had disseminated untrue information about his father contained in the article above (see paragraph 9 above). He sought rectification of this information. He also wished to receive compensation for non-pecuniary damage. 11.  In particular, the applicant claimed that the article suggested that the applicant’s father had collaborated with the occupying police force and the Gestapo in 1942. In support of his claims, he supplied copies of documents of the State Security Service of Ukraine, which revealed that the archives held no information about the applicant’s father’s alleged collaboration with the occupying police force or the Gestapo and that no criminal proceedings had ever been instituted against the applicant’s father in that respect. The archives also confirmed that the applicant’s father had been detained at the Syrets concentration camp. The same information was held in the Kyiv Regional State Archives, which confirmed that the applicant’s father had participated in the “Death Match” and had thereafter been detained at the Syrets concentration camp. 12.  On 25 December 2001 the Obolonskyy District Court of Kyiv rejected the applicant’s claim. It held that the applicant:
-  was not a person who was directly affected by the publication;
-  the article was about a film script and contained neither the name of the applicant’s father nor the applicant’s name and it also made no allegation of the applicant’s father having collaborated with the Gestapo. 13.  On 13 March 2002 the Kyiv City Court of Appeal upheld that judgment. In particular, the court of appeal found that the judgment of the first instance court was lawful and well-substantiated. 14.  On 15 November 2002 the Supreme Court rejected an appeal by the applicant on points of law. 15.  On 27 April 2000 the Moskovskyy District Court of Kyiv ordered the newspaper Dzerkalo Tyzhnia to rectify information published about the applicant’s father on 8 October 1999. On 29 April 2000 the newspaper published the following text:
“Mr Putistin played for Dynamo [Kyiv]. In the summer of 1942 he and other players were arrested and sent to the Syrets concentration camp. In October 1942 he escaped.” 16.  In May 2002 the newspaper Argumenty i Fakty (in issue no. 19), published an article titled “Our Football Players Withstood Death” about the “Death Match”, which stated that only four football players from the “Death Match” had been arrested and sent to the Syrets concentration camp. The article did not contain any reference to the applicant’s father. 17.  The applicant requested the newspaper to rectify this article. In one of the following issues (issue no. 27), the newspaper published the names of all eight football players who had been arrested after the match, including the applicant’s father. 18.  The applicant, dissatisfied with the refusal of the newspaper to publish the information he himself had proposed, instituted proceedings before the Shevchenkivskyy District Court of Kyiv against the newspaper, seeking the rectification of its published material and damages. The proceedings ended on 28 December 2004 with a final ruling of the Supreme Court upholding the lower courts’ decisions against the applicant. 19.  On 12 May 2003 the Shevchenkivskyy District Court of Kyiv ordered the newspaper to rectify information published about the applicant’s father on 12 July 2002. The article was written by a journalist (K.) with the headline “The Myth about the ‘Death Match’”. It stated that the “Death Match” story had been created as propaganda by Soviet ideologists, and that the execution of four football players had been provoked by the NKVD (Peoples’ Commissariat of Internal Affairs, i.e. the Soviet police, predecessor of KGB, functioning as State security service). 20.  In particular, the order obliged the newspaper to publish the following:
“Mykhaylo Fedorovych Putistin played for Dynamo Kyiv and in the summer of 1942, after playing football matches with German teams, was arrested together with other members of his team and sent to the Syrets concentration camp.” 21.  The court also rejected the applicant’s remaining claim for damages. The order of rectification was upheld on appeal on 21 October 2003 and later, in cassation proceedings, on 31 August 2005.


9.  The applicants were born in 1932 and 1933 respectively and live in Lisbon. 10.  The applicants owned a piece of land measuring 128,619 m² in the region of Evora. By order of the Ministry of Public Works, published in the Official Gazette on 11 September 1995, the land was expropriated in favour of BRISA – Auto-Estradas de Portugal S.A. (“BRISA”), a publicly owned company at the time, to build a motorway. 11.  As no agreement was reached between the applicants and the authorities, the case was submitted, in accordance with the applicable legislation, to the President of the Evora Court of Appeal, who appointed an arbitration committee to value the land. The committee assessed its value at 177,987.17 euros (EUR)[1]. 12.  On 3 March 1997 the Evora first-instance court issued an order notifying the applicants of the arbitration committee's decision. 13.  On 21 March 1997 the applicants lodged an appeal against the arbitration decision with the Evora court. In their opinion the experts had underestimated the value of their farmland and omitted to place a value on a quarry located on the land. They argued that the potential profit from exploiting the quarry should be taken into account when calculating the amount to be paid in compensation for the expropriation. In their opinion they were entitled to EUR 20,864,292 in compensation. 14.  BRISA also challenged the arbitration value, which they considered too high. They thought the value should not exceed EUR 72,643. Their appeal was initially rejected by the Evora court as being out of time, but it was later admitted after the Evora Court of Appeal had delivered a judgment on 11 December 1997 setting aside the initial decision. 15.  On 7 April 1997 the Evora court registry calculated the total court fees due in the applicants' case to be EUR 158,381. 16.  On 24 April 1998 the Evora court decided that no compensation should yet be paid to the applicants as the court fees might well be higher than the minimum sum that might be awarded to the applicants in compensation according to the appeals lodged by the parties, BRISA having requested that the sum be fixed at EUR 72,643. The court then appointed a new arbitration committee made up of three experts appointed by the court and two appointed by the parties (one each). On 11 March 1999, by a majority, the arbitrators set the compensation at EUR 191,116. The arbitrator appointed by the applicants expressed the view that they should be paid EUR 4,040,897. 17.  By an order of 25 March 1999 the court, of its own motion, requested a new expert report, restricted this time to the question of the economic potential of the quarry located on the land. Three geologists from the University of Evora were accordingly appointed as experts. They submitted their report on 9 February 2000, concluding that the maximum amount the exploitation of the quarry could be expected to yield was EUR 9,704,113. 18.  By a judgment of 30 June 2000 the court dismissed both parties' appeals. Considering that the potential gain from the quarry was not to be taken into account, it fixed the compensation for the expropriation at EUR 197,236.25. 19.  On 14 July 2000 the applicants lodged an appeal against that judgment with the Evora Court of Appeal. 20.  In a judgment of 10 July 2003 the Court of Appeal upheld the judgment in full. 21.  On 11 November 2003 the applicants appealed to the Supreme Court but, in an order dated 30 September 2004, the judge rapporteur of the Supreme Court declared the appeal inadmissible. 22.  On 26 October 2004 the applicants lodged a constitutional appeal, which the Constitutional Court declared inadmissible by a summary decision on 20 December 2004. 23.  On 26 January 2005 the file was transmitted to the Evora court. 24.  On 4 February 2005 the applicants received notice from the Evora court of the court fees owed for the expropriation proceedings. The sum they were expected to pay amounted to EUR 489,188.42. 25.  On 22 February 2005 the applicants filed a complaint about the fees, alleging in particular that they violated the principles of fair compensation and the right of access to a court. They considered that the sum to be paid, if it was to be proportionate, should not exceed EUR 15,000. They also pointed out what they considered to be various inaccuracies and miscalculations in the court fees. They challenged the basis used before the Evora court to calculate the court tax (which they claimed should have been that stipulated in Article 18 § 2 of the Court Fees Code), as well as the legitimacy of being required to pay anything at all in respect of costs and expenses (custas de parte) to BRISA, which, as a State enterprise, was exempt from paying court fees. 26.  On 1 April 2005, acting on information provided by the registry, the Evora court judge acknowledged the mistakes the applicants had pointed out and ordered their rectification. The amount owed was thus reduced to EUR 309,052.71 so, once the compensation awarded to the applicants had been deducted, they still owed the State EUR 111,816.46. The judge dismissed the applicants' complaint regarding the alleged violations of the principles of fair compensation and the right of access to a court. 27.  The applicants appealed to the Evora Court of Appeal. In a judgment of 13 December 2005, of which they were notified on 19 December 2005, the court dismissed the appeal. 28.  On 12 May 2006 the applicants lodged a constitutional appeal against that decision, alleging that the interpretation of the relevant provisions of the Court Fees Code, particularly Article 66 § 2, was contrary to the principles of fair compensation and the right of access to a court guaranteed in the Constitution. In their view, court fees should on no account exceed the sum awarded in compensation for an expropriation. 29.  In a judgment of 28 March 2007 the Constitutional Court dismissed their appeal. After noting that it could only examine the constitutionality of Article 66 § 2 of the Court Fees Code, the only provision the courts below had applied, it went on to hold that the provision concerned was not contrary to Articles 20 (access to a court) and 62 § 2 (fair compensation) of the Constitution. Concerning access to a court, it pointed out that while excessively high court fees could in some circumstances be an obstacle to access to a court, this was not the case in this instance as the applicants had been required to pay only EUR 15,000, a sum it considered reasonable. On the subject of fair compensation, the Constitutional Court found that compensation for the loss suffered as a result of expropriation was quite unrelated to the matter of court fees, and that there was accordingly no reason why court fees should not exceed the sum awarded in compensation. 30.  On 20 April 2007 the applicants filed a request to have that judgment rectified, claiming that the Constitutional Court had made a factual mistake, in so far as it had considered in its reasoning that the applicants owed EUR 15,000 in court fees when they were in fact expected to pay EUR 111,816.46. 31.  In a judgment of 25 September 2007 the Constitutional Court acknowledged its mistake and the need to rectify the judgment in respect of Article 20 of the Constitution. It found that EUR 111,816.46 was a large enough sum to have affected the right of access to a court. It accordingly declared Article 66 § 2 of the Court Fees Code, as interpreted by the lower courts, contrary to Article 20 of the Constitution. In respect of Article 62 § 2 of the Constitution concerning fair compensation, however, it held that its earlier decision needed no rectification. 32.  On 6 November 2007 the applicants, wishing to know the exact sum they owed in court fees, filed a request for clarification of the judgment of 25 September 2007. 33.  In a judgment of 13 November 2007 the Constitutional Court rejected that request, considering that it was for the lower court to determine the sum to be paid. 34.  In an order of 4 January 2008, the Evora court, to which the case had been referred back, decided, without giving reasons, that the fees should not exceed the compensation awarded by more than EUR 15,000. 35.  On 20 February 2008 the applicants paid the outstanding sum of EUR 15,000. 36.  On 7 April 2005 the applicants lodged an application (no. 12849/05) with the Court complaining about the lack of compensation in respect of the quarry. The application was rejected by a committee on 30 August 2005, as being out of time.


5.  The applicant, Mr Yuriy Vitaliyovych Lutsenko, is a Ukrainian national who was born in 1964. 6.  The applicant was the Minister of the Interior. He occupied this post from 2005 to 2006 and from 18 December 2007 to 11 March 2010. Since 27 August 2014 he has been the leader of the Bloc of Petro Poroshenko party. 7.  On 2 November 2010 the General Prosecutor’s Office (hereinafter “the GPO”) instituted criminal proceedings against the applicant and another individual, Mr P., on suspicion of abuse of office under Article 191 § 3 of the Criminal Code. On 5 November 2010 the applicant was formally charged. On the same day he gave a written obligation not to abscond. 8.  On 11 December 2010 the GPO instituted another criminal case against the applicant for exceeding his official powers under Article 365 § 3 of the Criminal Code, on the ground that he had arranged for the allocation of a one-room apartment to his driver, Mr P. 9.  The two criminal cases were joined together. 10.  On 13 December 2010 the GPO completed the investigation in the case and formally charged the applicant with both offences, having reclassified his actions specified in the first charge under Article 191 § 5 of the Criminal Code (misappropriation, embezzlement, and conversion of property by malfeasance). 11.  On 26 December 2010 the applicant was arrested and detained in the Security Service Detention Centre (Слідчий Ізолятор Служби Безпеки України). 12.  On 27 December 2010 the Pechersk District Court (Печерський районний суд) (hereinafter “the Pechersk Court”) ordered that the preventive measure in respect of the applicant be changed from a written obligation not to abscond to remand in custody. 13.  On 28 December 2010 the applicant was transferred to Kyiv Pre-Trial Detention Centre no. 13 (Київський Слідчий Ізолятор №13) (hereinafter “the SIZO”). 14.  On 17 May 2011 the GPO submitted the applicant’s criminal case to the Pechersk Court which, on 27 February 2012, rendered a judgment sentencing the applicant to four years’ imprisonment. The case received extensive attention in both national and international media which were present at court hearings. Photographs depicting the applicant behind metal bars were published soon after the court hearings. 15.  On 7 March 2012 the applicant appealed, seeking the quashing of the first-instance judgment on the ground of lack of guilt. 16.  On 16 May 2012 the Kyiv Court of Appeal (Апеляційний суд міста Києва) upheld the judgment of the Pechersk Court. 17.  On 31 August 2012 the applicant was transferred to Mena colony in Chernihiv Region to serve his prison sentence. 18.  In a judgment of 3 April 2013 the Higher Specialised Court of Ukraine for civil and criminal cases (Вищий спеціалізований суд України з розгляду цивільних і кримінальних справ) upheld the applicant’s prison sentence slightly reducing the amount of compensation that he had to pay. 19.  On 7 April 2013 the former President of Ukraine issued a decree of pardon in respect of a number of individuals, including the applicant, who was released the same day. 20.  Prior to his arrest the applicant was diagnosed with diabetes mellitus type 2 and chronic gastritis and pancreatitis. 21.  Upon his admission to the SIZO on 28 December 2010, the applicant was examined by the head of the medical unit and a duty doctor. He underwent clinical, laboratory and X-ray examinations. On the basis of those examinations and the applicant’s anamnesis, he was diagnosed with symptomatic hypertension and it was recommended that his arterial pressure be constantly monitored. According to the applicant, the prison doctors did not pay attention to his chronic diseases which were mentioned in the medical report submitted to the Pechersk District Court and indicated orally by him on a number of occasions. 22.  According to the Government, during the period from December 2010 to April 2011 the applicant was under constant supervision by doctors of the SIZO medical unit who visited him on 29, 30 and 31 December 2010, 1-9, 17 and 24 January, 10, 18 and 25 February, 1, 10 and 20 March and on 1 April 2011. During this period, no complaints were received from him and his state of health remained satisfactory. Doctors regularly measured his blood pressure and pulse rate and carried out his general examination. The applicant denied that he had not complained about problems connected with his state of health. According to him, during the three first months of his detention, he lost more than 20 kilograms, his low-grade fever and spastic stomach pain was constant. 23.  Following the applicant’s complaints about the deterioration of his health, on 24 February 2011, a private medical laboratory took blood samples from him for analysis. Inflammation was diagnosed as a result. The doctor who arrived at that conclusion presumed that it was probably a mixed viral and bacterial infection. A provisional diagnosis of rheumatoid arthritis was also made. For more specific diagnoses, further specialist examinations were required. 24.  On 9 March 2011 the applicant was diagnosed with arthritis by SIZO doctors. 25.  On 15 March 2011 a new blood analysis showed some negative changes in the applicant’s immune system. His requests for examination by the cardiologist/rheumatologist who issued the above conclusion were without success. 26.  According to the Government, on 6 and 13 April 2011 the applicant was examined by the head of the SIZO medical unit. He complained of pain in the joints. He was diagnosed with symptomatic hypertension and generalised osteoarthritis, and blood pressure monitoring was recommended. 27.  On 21 April 2011 the applicant went on hunger strike in protest at his continued pre-trial detention. 28.  According to the Government, between 22 April and 10 May 2011 the applicant was under daily supervision by doctors of the SIZO medical unit. From time to time he complained of dizziness and general weakness. His state of health remained satisfactory during this period. 29.  On 29 April 2011 the SIZO administration placed him in a solitary-confinement cell and demonstrated forced-feeding facilities (such as handcuffs, a mouth widener and a rubber tube). Those were apparently never applied to him. 30.  According to the Government, on the same day, the applicant was examined by the head of the SIZO medical unit. He complained of heart pain, which he said was worse when he made turning movements. The applicant was diagnosed with symptomatic hypertension, generalised osteoarthritis, and myositis of the left major pectoral muscle. At the same time, he informed the doctor that he had eaten no food for several days and had only had tea without sugar and coffee with sugar. An analysis of the applicant’s urine was carried out. There was a one-plus reaction for acetone. General monitoring of the applicant’s state of health, of the acetone level in his urine, and of his blood pressure was recommended.
On 1 May 2011 the applicant was examined by a panel of doctors from the State Prison Service of Ukraine (Державна пенітенціарна служба України) (hereinafter “the SPS”). He was prescribed an “anti-starvation food mixture” (semolina or oatmeal, butter, sugar, milk, eggs, boiled meat, salt, and ascorbic acid, with a total caloric content of 1,638.5 kcal) and the following medication: NaCL solution, vitamins Bl and B6, and Riboxin solution. On the same date a general blood analysis, a blood sugar-level test and a urine acetone test were carried out for the applicant - (a “three-plus” reaction was obtained). On the same date the applicant consumed 500 ml of “anti-starvation food mixture”.
On 2 May 2011 the SPS medical panel found his general state of health stable and held that positive progress was being made in overcoming dizziness and general weakness. A urine test for acetone was carried out for the applicant (a “three-plus” reaction was obtained).
On 3 May 2011, upon another examination by the SPS medical panel, a urine acetone test was carried out for the applicant. A “three-plus” reaction was obtained. On the same date the applicant consumed 400 ml of “anti-starvation food mixture”. It was recommended that he undergo further biochemical and general blood tests, a general urine analysis, a blood-sugar-level test and a urine acetone test, and also ultrasonic examinations of his abdominal cavity and kidneys. Injections of Reosorbilact solution and of glucose in solution were given to the applicant.
On 4 May 2011 the SPS medical panel saw the applicant again. He was found to have moderate diffuse changes in the liver, chronic cholecystitis and chronic pancreatitis. On the same date the applicant consumed 500 ml of “anti-starvation food mixture”. Injections of Reosorbilact solution and of glucose in solution were given to the applicant. 31.  On 5 May 2011 the applicant’s wife asked the SIZO administration to carry out medical examinations of her husband in her presence. By that time, the applicant had lost about fourteen kilograms in weight. On the same day, according to the Government, the applicant was examined by the SPS medical panel. A general blood test, a blood-sugar-level test and a test of the urine for acetone were carried out at the Dila Laboratory. The test results were low-grade positive. The applicant was diagnosed with chronic cholecystitis and chronic pancreatitis. It was also found that the applicant’s state of health reflected his starvation. On the same date, the applicant refused to eat food or to undergo fluid-maintenance therapy to restore the balance of water, protein, and electrolytes in the body. 32.  On 6 May 2011 the applicant was transferred to the SIZO medical unit. According to the Government, he was examined by a panel of doctors from civilian medical institutions. He was diagnosed with hypertension of the 1st degree, cardiac insufficiency, type 2 diabetes mellitus in a mild form at the compensation stage, chronic cholecystitis in unstable remission, chronic pancreatitis in unstable remission, osteoarthritis without exacerbation, disseminated osteochondrosis of the spine, and thoracic kyphosis. It was recommended that the applicant: (1) undergo an exercise electrocardiography (ECG) test and ultrasonic examination of the heart in order to exclude ischaemic heart disease; (2) take antihypertensive medication (Prestarium Combi) when the blood pressure was higher than 140/90 mm Hg; take Metoprolol in order to stop the tachycardia which occurred when the pulse rate was higher than 100 beats per minute. The applicant received this medical treatment in full. 33.  According to the Government, on 7 May 2011 he was once again examined by the SPS medical panel. A check test of the urine for acetone was carried out (a “two-plus” reaction was obtained) and a general urine test was also done for the applicant. The panel confirmed the previous diagnosis. The applicant refused to consume any of the “anti-starvation food mixture” or to undergo fluid maintenance therapy.
On 8 May 2011 he was examined by a panel of doctors from Kyiv-based medical institutions of the Ministry of Health. The previous diagnosis was confirmed and it was additionally found that the applicant had chronic gastritis in unstable remission. The panel noted that the applicant’s hunger strike was significantly affecting his general state of health. Electrocardiography and echocardiography tests were carried out for the applicant. The urinary reaction for acetone was one-plus. The applicant was refusing to consume the “anti-starvation food mixture”. He was subjected to fluid-maintenance therapy with Aminoven. It was also recommended that the applicant broaden the variety of foods he ate, limiting the consumption of easily digestible carbohydrates (sugar, honey, and sweets); consistently take graduated physical activity; take Duphalac or Guttalax (to normalise bowel function) and probiotics (Lacium or Symbiter).
On 9 and 10 May 2011 the applicant was examined by the SPS medical panel. The urinary reaction for acetone was low-grade positive. He refused to consume “anti-starvation food mixture”. He was subjected to fluid-maintenance therapy with a physiological solution, vitamins Bl, B6, C, Riboxin, and Reosorbilact. 34.  According to the applicant, before 10 May 2011 his medical monitoring had been limited to measuring his blood pressure and weighing him, along with a superficial examination by the SIZO doctor. 35.  On 10 May 2011 he was taken to the Kyiv Clinical Emergency Hospital (Міська клінічна лікарня швидкої медичної допомоги) (hereinafter “the Emergency Hospital”). On the following day, the management of the hospital informed the investigator that the applicant was suffering from chronic pancreatitis in the aggravated stage, chronic gastroduodenitis, cardial-type neurocirculatory dystonia, and type 2 diabetes. His condition was evaluated as moderately serious. 36.  On 18 May 2011 the deputy medical director of the Emergency Hospital gave additional details to the applicant’s wife as regards his health. In addition to the aforementioned diagnoses, he noted the following illnesses: chronic cholecystitis, gall bladder polyposis, autoimmune thyroiditis, euthyroidism, seborrheic dermatitis, myopia, osteochondrosis, chronic sinusitis, right-ear deafness, duodenal ulcer, gastric erosion and duodenogastric reflux. 37.  On 23 May 2011 the applicant ended his hunger strike. 38.  According to the Government, on 24 May 2011 he was examined by doctors of the SIZO medical unit. On the same date he ate gruel. He was also subjected to fluid-maintenance treatment with Aminoven and Pariet. Generally, although he continued to complain of general weakness, his condition improved considerably once he had ended the hunger strike.
The SIZO doctors saw the applicant also on the next day. They concluded that the applicant was suffering from the following illnesses: exacerbated chronic pancreatitis, chronic cholecystitis, gall-bladder polyposis, chronic duodenal ulcer, autoimmune thyroiditis, euthyroidism, type 2 diabetes mellitus, cardial-type neurocirculatory dystonia of medium severity, seborrheic dermatitis, cervical osteochondrosis, toxic-dyscirculatory encephalopathy of endogenic origin (degree I-II), duodenal ulcer, papillomatous gastropathy, and gastric erosions. On the same date the applicant ate gruel and drank water and carrot juice. The applicant underwent fluid-maintenance treatment and anti-ulcer treatment.
On 26 and 27 May 2011 the doctors of the SIZO medical unit confirmed the previous diagnosis. The applicant received fluid-maintenance and anti-ulcer treatment and underwent a urine test (which indicated no acetone), a blood test for sugar, and biochemical analysis of the blood. A consultation with a gastroenterologist was also scheduled for the applicant.
On 28 May 2011 the applicant was examined by a panel of doctors from civilian medical institutions. As a result of the examination, the panel found the applicant’s general state of health to be satisfactory. The applicant was diagnosed with the following conditions: peptic duodenal ulcer, post gastrointestinal haemorrhage condition, erosive gastritis, and mild post haemorrhagic anemia. It was recommended that he receive anti-ulcer treatment as an in-patient basis at a gastroenterology clinic. If it was impossible to arrange in-patient treatment for him, he would have to continue to take Pariet; again undergo a fibrogastroscopy with biopsy, a general blood test, electrolytes (potassium, phosphorus, fecal occult blood test) and eat five small meals a day, sticking to a diet with a high protein content. 39.  According to the applicant, on 28 May 2011 he was examined in the SIZO and diagnosed with a duodenal ulcer in the progressing phase, gastrointestinal bleeding, erosive gastritis, and toxic-metabolic encephalopathy. Moreover, all his previously diagnosed diseases were confirmed. 40.  According to the Government, on 29 May 2011 he was examined by SIZO doctors, who confirmed the previous diagnoses. He continued to receive the anti-ulcer treatment and multiple small-portion meals. 41.  On 30 May 2011 the applicant underwent a urine acetone test, which revealed no acetone, a blood test for sugar, and a general blood test. The examination results confirmed the previous diagnoses. 42.  On 31 May and 1 June 2011 he was examined by SIZO doctors who confirmed the previous diagnoses. Analyses of his blood and urine were carried out. He continued to receive the anti-ulcer treatment and appropriate diet. 43.  On 8 June 2011 the governor of the SIZO informed the President of the Pecherskyy Court of some further diagnoses regarding the applicant’s health, established during his examination of 28 May 2011, and sought leave for him to be examined in the Emergency Hospital. According to the Government, the letter was sent to the court only on 9 June 2011. 44.  In his reply of 14 June 2011 the judge of the Pechersk Court stated that the court did not object to the applicant’s being examined in a civilian hospital. A copy of this letter was sent to the Convoy Service of the Ministry of the Interior with a request for escorted transport for the applicant. 45.  On 23 June 2011 the Convoy Service replied that the applicant’s medical care was the responsibility of the SIZO administration. 46.  On 24 June 2011 the applicant’s wife and his legal representative made a new request to the court that he be hospitalised. They alleged that the applicant had constant stomach pain and had lost more weight, 24 kg in total. On 29 June 2011 the judge replied that the court had no objection. 47.  According to the Government, from 2 June to 2 July 2011 the applicant was examined daily by SIZO doctors. In line with the instructions given following the previous examination by the medical panel, the applicant had regular clinical, biochemical, and general blood tests and urine analyses (these took place on 7, 8, 15, 18, 19, and 30 June 2011). The applicant was receiving anti-ulcer treatment, the recommended diet, and the prescribed outpatient treatment. During this period, the above-mentioned diagnoses remained valid. Furthermore, on 24 June 2011 the doctors found that his peptic duodenal ulcer had begun to cicatrise, which indicated a gradual improvement in his state of health. 48.  According to the Government, the court gave its permission for the applicant’s examination at the Emergency Hospital on 14 July 2011. 49.  On 15 July 2011 the applicant was examined at the Emergency Hospital. Fibrogastroscopy and ultrasonic scans were performed for the applicant. The examination revealed that he had esophageal varicose veins with 1st degree dilatation, moderate portal hypertensive gastropathy, chronic cholecystitis, gall-bladder polyposis, chronic pancreatitis, and urolithic diathesis. It was recommended that the applicant undergo a biochemical blood test, a general blood test, analyses for hepatitis B, C, and D antibody titers, abdominal ultrasonic scanning with Doppler sonography. According to the applicant, he did not receive any of the prescribed medicines. 50.  On 21 July 2011, blood samples were taken from the applicant in the presence of his lawyer for complex liver function tests (hepatitis B, C, and D). At the applicant’s request, in order to ensure an objective analysis, the samples were sent to two laboratories: Eurolab and Synevo. 51.  On 22 July 2011 the applicant underwent abdominal ultrasonic scanning with Doppler sonography at the Emergency Hospital. On the basis of the examination, the following diagnosis was made: signs of diffuse damage to the liver in a chronic hepatosis pattern, portal hypertension of the P’ degree, splenomegaly of the lst degree, and chronic cholecystitis. In pursuance of the recommendation, the applicant was tested for hepatitis B, C, and D markers, and liver function tests were done. 52.  On 23 July 2011 the applicant was prescribed the following medication: Ursofalk, Essentiale Forte, Primer, Chophytol, and Duspatalin. 53.  According to the Government, from 2 to 30 August 2011 the applicant was under daily supervision by SIZO doctors. His state of health remained unchanged. He continued complaining of discomfort in the upper abdomen. He received the medical treatment prescribed for him earlier. 54.  On 30 August 2011 two senior civilian doctors examined the applicant in the SIZO. They diagnosed cirrhosis of the liver supposedly triggered by the earlier hunger strike. Furthermore, two internal haemorrhages were noted. It was recommended that the applicant undergo a more thorough examination in a specialist civilian hospital. In the meantime, he needed to get proper nutrition. 55.  According to the Government, on 2 September 2011, following a court decision, the SIZO was visited by a panel of doctors (gastroenterologists, an endoscopist, and an ultra-sonographer). The applicant refused to be medically examined, to have blood samples taken, or to undergo ultrasonic examinations and fibrogastroduodenoscopy, which had been recommended by the medical panel. 56.  On 6 September 2011 a commission of the Ministry of Health examined the applicant in the SIZO. It recommended that he undergo examination with special equipment so that specific diagnoses could be made. 57.  On 7 and 8 September 2011 blood samples and faeces were taken from the applicant for laboratory tests. 58.  On 13 September 2011 the applicant’s wife again requested the Pechersk Court to allow her husband to be hospitalised and given proper treatment. 59.  On 15 September 2011 the applicant was hospitalised and examined in the Kyiv City Diagnostic Centre, which diagnosed the initial signs of portal hypertension, as well as signs of chronic cholecystitis, angiomyolipoma of the right kidney, and parenchymatous cyst of the left kidney. On the same date the applicant underwent an abdominal ultrasonic scan, which discovered signs of gall-bladder polyps and pancreatic diffuse changes, and confirmed the aforementioned kidney pathologies. 60.  On 20 September 2011 the applicant underwent a colonoscopy which showed sigmoid colon diverticulitis. On the same day a newly appointed commission of the Ministry of Health examined him and diagnosed fatty liver disease. Dietetic therapy, mineral-vitamin complex, proton pump blockers and hepato-protectors were prescribed. 61.  According to the Government, on 22 September 2011 the applicant consulted a haematologist. In view of a decreased number of white blood cells (leukocytes) and thrombocytes in his blood, it was recommended that he again undergo a general blood test at two independent laboratories, to be identified by the Ministry of Health. Once the results of those examinations were known it was recommended that the applicant again consult a haematologist. 62.  On 23 September 2011 the applicant’s blood samples were sent to the laboratory for a general blood test. On 26 September 2011, following the haematologist’s recommendation, a blood sample was sent to the Sinevo laboratory for a coagulation profile test. 63.  On 28 September 2011 the applicant again consulted the haematologist. The results of the previous examinations led the doctor to find that he had no blood system disorders. 64.  On 24 October 2011 the applicant completed the course of medical treatment prescribed by the panel of doctors from civilian medical institutions on 20 September 2011. 65.  On 29 September 2011 it was proposed that he undergo a liver biopsy, which he declined.
According to him, the biopsy is a surgical intervention, after which the patient should stay in the medical institution under medical supervision for a period the doctor considers necessary to monitor any post-operative complications. However, the applicant was not provided with guarantees that the medical care would be adequate and that he would stay in the hospital after the biopsy. He considered that removing him immediately to the SIZO would hurt his state of health. Besides, the applicant feared that proper medical care would not be provided to him in the SIZO if there were complications after the biopsy. He referred in this connection to his previous experience. 66.  On 4 October 2011 the applicant’s relatives brought him the proton pump blockers and hepato-protectors which had been prescribed by the Ministry of Health commission specialists as early as 20 September 2011. 67.  According to the Government, on 2 November 2011 the applicant was examined by SIZO doctors. When examined, he complained of general weakness, dragging pain in the right hypochondrium, and discomfort in the upper abdomen and in the intestine area. He was diagnosed with fatty liver disease, signs of incipient portal hypertension, erosive haemorrhagic helicobacter-associated gastritis, and diverticular disease of the sigmoid colon. As the applicant had completed the prescribed course of outpatient treatment, it was proposed that he undergo laboratory and instrumental tests. The applicant submitted a written statement refusing to undergo fibrogastroduodenoscopy and rectosigmoidoscopy. 68.  On 3 November 2011 blood samples were taken from the applicant for laboratory examination at the Kyiv diagnostic centre. In particular, he underwent clinical, general, and biochemical blood tests and a coagulation profile test. 69.  On 5 November 2011, upon a court decision, the applicant was examined by a panel of doctors from civilian medical institutions. He was diagnosed with the following conditions: fatty liver disease, signs of incipient portal hypertension, chronic helicobacter associated gastritis, and diverticular disease of the sigmoid colon. It was recommended that the applicant undergo an abdominal ultrasound scan, a faecal occult blood test, and a faecal analysis for helminth eggs and protozoa, consult a urologist, receive diet-based treatment, take a mineral-vitamin complex, and continue to take proton-pump inhibitors. 70.  On 8 November 2011 the applicant underwent abdominal ultrasonic scanning at the Kyiv City Diagnostic Centre. He was diagnosed with gall bladder polyp signs, moderate pancreatic changes, angiomyolipomas of the right kidney, and small cysts of the left renal sinus. However, he refused to consult a urologist. 71.  On 9 November 2011 he received a parcel with the necessary medication. 72.  According to the Government, during November 2011 the applicant’s state of health remained satisfactory. From time to time he complained of general weakness, discomfort in the large intestine area, and pain in the right hypochondrium. During that period, he was examined daily by doctors of the SIZO medical unit, and regularly provided with the prescribed medical treatment. The diagnosis remained unchanged.
However, the applicant continued to complain of periodic discomfort in the large intestine area. He received the medical treatment prescribed by the panel of doctors from civilian medical institutions on 5 November 2011. 73.  On 14 December 2011 the applicant was examined by a panel of doctors from civilian medical institutions. The results of the earlier examinations led the doctors to diagnose the applicant with the following conditions: fatty liver disease, signs of incipient portal hypertension, chronic helicobacter-associated gastritis, irritable bowel syndrome, and diverticular disease of sigmoid colon, but no signs of blood disorder were found. The doctors recommended that the applicant undergo some additional examinations: electrocardiography, irrigoscopy, and an analysis of faeces for dysbiosis, to determine pancreatic (faecal) elastase, and a faecal occult blood test. Also, the applicant was prescribed the following medical treatment: diet-based treatment; Spasmomen or Meteospasmyl; Posterisan suppositories; Kreon; Validolum, to stop pain in the stomach; Chophytol, to continue to take from 19 December 2011. However, on 19 December the applicant on his own initiative refused to start the medical treatment prescribed. 74.  In early January 2012 the applicant complained to the SIZO administration of stomach and intestinal pains. 75.  On 5 and 14 January 2012 he underwent various laboratory tests in respect of his chronic gastrointestinal diseases, and on 11 January 2012 an ultrasonic examination of his abdominal cavity was conducted. 76.  On 19 January 2012, during a court hearing, the applicant complained that he did not feel well. An ambulance was therefore called. The doctor diagnosed exacerbation of chronic pancreatitis and administered some medication to the applicant. The applicant’s overall state of health was assessed as satisfactory. 77.  On 20 January 2012 the applicant was examined by a panel of medical specialists delegated by the Ministry of Health which established the following diagnoses: fatty liver disease (steatosis), signs of incipient portal hypertension, chronic helicobacter-associated gastritis, irritable bowel syndrome, and diverticulosis of sigmoid colon. While the commission acknowledged a deterioration of the applicant’s health due to “nutrition-regime disturbance and psycho-emotional overload”, it found his health generally satisfactory and not warranting in-patient treatment in a specialist civilian hospital. The physicians recommended normalisation of the nutrition regime and reduction of the psycho-emotional pressure. They also prescribed some medication. 78.  On 23 January 2012 the Ministry of Health delegated another panel, of three gastroenterologists, to examine the applicant in the SIZO. The doctors found him to be in a generally satisfactory state of health, and concluded that he did not require hospitalisation. They also specified the medication to be administered to the applicant, and repeated the earlier recommendation regarding his nutritional needs. 79.  On 24 February 2012 the applicant was examined by a panel of doctors from civilian medical institutions. They noted that his state of health had improved. The applicant was diagnosed with fatty liver disease (steatosis), signs of incipient portal hypertension, chronic helicobacter-associated gastritis, irritable bowel syndrome, and diverticulosis of sigmoid colon. It was advised that he receive rational nutrition diet, continue to take Duspatalin and take Kreon, Valeriana extract, and suppositories with belladonna. The applicant received that medication in full. 80.  On 6 April 2012 he was transferred from the SIZO to the Emergency Hospital for further examination. 81.  According to the applicant, despite numerous check-ups, there was no proper medical treatment or medicine available to him in the SIZO. He received proper medical treatment in the Emergency Hospital on 10 May 2011 and 6 April 2012, but was discharged from the hospital on 23 May 2011 and 20 April 2012 respectively, upon an arbitrary decision by the Prison Service authorities, rather than upon a decision of the doctors treating him at the hospital. He was provided with medication which was incompatible with his general state of health, and although they treated his immediate health problem they contributed to the deterioration of his general state of health. 82.  Upon his admission to the SIZO, the applicant was placed in cell no. 158, measuring 8.58 square metres. He shared the cell with one or two other inmates. According to him, the cell had poor ventilation and lacked personal hygiene facilities. Its walls had mould traces. Furthermore, there was no access to drinking water. Except for period from 28 April to 8 May 2011 (see paragraph 110 below), he shared this cell with two other detainees. 83.  According to the Government, the cell had a proper ventilation system and natural lighting. The applicant had had daily exercise in the fresh air, except on days when lengthy court hearings were held. He was permitted to receive drinking water from relatives. He was allowed to take a shower once or twice a week. 84.  From 8 to 10 May 2011, the applicant was held in cell no. 257 in the SIZO medical unit, which measured 23.21 square metres. 85.  From 10 to 23 May 2011 he was a patient in the Emergency Hospital. 86.  On 23 May 2011 the applicant was transferred to cell no. 260, measuring 22.32 square metres, in the SIZO medical unit, which he shared with another person. He remained there until 1 July 2011. 87.  On 1 July 2011 he was transferred to cell no. 158, which he shared with another inmate. 88.  On 27 March 2012 he was moved to cell no. 136. 89.  On 6 April 2012 the applicant was transferred to the Emergency Hospital. He returned to cell no. 136 on 20 April 2012. 90.  From the documents provided by the Government, in particular the minutes of the hearings held before the Pechersk Court (see annex), it appears that between 23 May 2011 and 16 February 2012 the court held seventy-nine hearings at which the applicant was present. At the hearing of 27 February 2012, it pronounced the judgment convicting the applicant. During thirty-five hearings, the court did not withdraw for deliberation on intermediate procedural issues but at least one break was announced, during twelve hearings the court both withdrew to deliberate and announced at least one break, and eleven hearings were interrupted by deliberations on intermediate procedural issue of the court but otherwise were carried out without a proper break. On 14 and 19 July, 22 August and 29 September 2011, 17, 27 and 31 January, 1, 2, 6, 7, 9, 14 and 15 February 2012 the court announced breaks for lunch. However, on 14 July 2011 the applicant had been removed from the courtroom for the rest of the hearing because of his improper behavior before the lunch break was announced.
Moreover, eighteen hearings were carried out without any deliberation and the court did not announce any break. In particular, on 12 October 2011 the hearing lasted two hours and 51 minutes, on 18 October 2011 it took three hours and 36 minutes, and on 16 and 21 November 2011 the hearings lasted almost three hours. 91.  The applicant continued his hunger strike up to 23 May 2011. He was informed beforehand that the preliminary hearing would be held on that day. According to him, he was woken up at 4.30 a.m. to be taken to the court building for a hearing which started at about 11 a.m. He had to wait in a small convoy room of about 1.5 square metres. Overall, for about twelve to fourteen hours, he was allegedly held without food and drinking water, in poorly ventilated premises. On the same day, he terminated the hunger strike, which had lasted for about a month. 92.  According to the Government, this information was incorrect. The applicant left the hospital at 7 a.m., reaching the court-house at 7.20 a.m. At 10.30 a.m. he was transferred to the courtroom. 93.  According to the applicant, he was brought to the court hearing with an open bleeding stomach ulcer, although this condition required immediate hospitalisation. After the eight-hour hearing he was driven to the SIZO. He was transferred to the medical unit of the SIZO only after he had lost consciousness. Despite this, no treatment was recommended for him. Late at night the applicant’s state of health suddenly worsened. 94.  According to the Government, as long as the applicant was in hospital, his health was under constant supervision by medical specialists there. In the event that his state of health did not permit him to take part in a hearing, this would be notified by the medical staff and the applicant would not then have been convoyed to the court hearing. 95.  According to the applicant, he suffered from the absence of drinking water and nutrition, as well as the lack of rest, during the later court hearings too, while being kept in a metal cage in the courtroom. 96.  On 20 January 2012 the applicant, in his request under Rule 39 of the Rules of Court, which was subsequently not granted, maintained that on 17 and 18 January 2012 the Pechersk Court had held the hearings daily despite his complaints of deteriorating health and acute pain in his stomach. According to him, the hearings had lasted from 9 a.m. until 6:30 p.m. usually with one thirty-minute break. On 19 January 2012 the court hearing had lasted from 9 a.m. until 11:30 p.m. The applicant stated that after having left the SIZO, he had not been provided with any food or water until his return. Moreover, on 19 January 2012 the court called the ambulance for him four times. 97.  According to the information submitted by the Government, on the days of the hearings detainees received food packs from the prison authorities: the applicant refused these in writing on 1 December 2011 and 11, 19 and 20 January 2012, noting that he had his own food supply. 98.  The Government submitted tables of the schedule of the hearing days (see annex) containing the information about the time when the applicant was put in the car and reached the courtroom, when the hearings started and were closed and the time when the applicant was put in the car and arrived back in the SIZO. They also submitted the minutes of the court hearings held before the Pechersk Court.


4.  The applicant was born in 1942 and lives in Ryazan. 5.  On 17 February 2000 the applicant filed with the Bilibinskiy District Court of the Chukotka Autonomous Region (“the District Court”) an action against the regional pension authorities and the district social security authority (Отделение Пенсионного фонда РФ по Чукотскому Автономному Округу и Отдел социальной защиты населения Администрации Билибинского района) for recovery of arrears of her old-age pension. She also requested to index-link the arrears. 6.  As the District Court consistently failed to schedule a hearing, the applicant filed a complaint about its lack of action to the Supreme Court of Russia. On 19 October 2000 the Supreme Court in the final instance refused to consider the complaint on its merits as out of the court's competence. 7.  The first hearing in the case was scheduled for 13 November 2000. 8.  On 13 November 2000 the judge failed to appear, and the hearing was fixed for 19 January 2001. 9.  On 9 January 2001 the District Court decided not to consider the applicant's complaints about the judge's inaction ruling that such a complaint could be entertained only by the Judicial Qualifications Board (Квалификационная коллегия судей). 10.  On 19 January 2001 the hearing was adjourned until 22 March 2001 on account of the applicant's failure to appear. The applicant's counsel attended the hearing. 11.  The Government submitted that on 16 February 2001 the applicant applied for supervisory review seeking to quash the above decision to adjourn the hearing on account of certain procedural flaws. The applicant submitted an application for supervisory review with the date shown as 2 February 2001. 12.  On 22 March 2001 the District Court partly granted the applicant's claims. In the same hearing the applicant's counsel informed the court of her actual place of residence which differed from the one indicated in the original statement of claim. 13.  On an unspecified date the applicant filed an appeal. She submitted that in her appeal she had complained, among other things, about the first-instance court's decisions to adjourn the hearings. 14.  The applicant's appeal was first fixed to be considered by the Chukotka Regional Court (“the Regional Court”) on 17 May 2001 but was re-scheduled for 19 July 2001. 15.  On 19 July 2001 the Regional Court overturned the judgment on appeal and remitted the case for fresh examination to the District Court. The applicant's complaint about the adjournment decisions was not addressed. 16.  On 23 July 2001 the case was transferred to the Presidium of the Regional Court for consideration pursuant to the applicant's application for supervisory review of 16 February 2001. 17.  On 1 August 2001 the application for supervisory review was rejected, and the case was returned to the District Court. 18.  On 17 August 2001 the District Court fixed the first hearing for 5 December 2001. The court invited the applicant's counsel to provide the applicant's actual address. 19.  On 28 August 2001 the applicant's counsel informed the District Court that the applicant resided at the address indicated in the statement of claim. 20.  On 5 December 2001 the hearing was adjourned till 21 January 2002 on account of the applicant's failure to appear. The applicant's counsel attended the hearing. 21.  On 18 January 2002 the applicant applied for supervisory review of the above decision to adjourn the hearing. 22.  On 21 January 2002 the hearing had been adjourned till 26 February 2002 on account of the applicant's failure to appear. Her counsel attended the hearing, amended the claims and informed the court that the applicant resided in Ryazan. He was invited to provide the applicant's full address. 23.  On 4 February 2002 the applicant applied for supervisory review of the above decision to adjourn the hearing. On 12 February 2002 the Presidium of the Regional Court called up the case. 24.  On 9 October 2002 the application for supervisory review was rejected, and the case was returned to the District Court. 25.  The applicant submitted that in December 2002 she had requested the District Court to inform her of the date of the next hearing but received no precise answer. 26.  On 14 May 2003 the applicant filed an amendment to the original statement of claim indicating a new group of respondents. 27.  On 8 July 2003 the District Court held a hearing in presence of the applicant's counsel, in which it accepted the amended claims and adjourned. 28.  On 28 November 2003 the applicant's counsel informed the court that the applicant wished to have the case heard in her absence. The hearing was adjourned till 25 December 2003 on account of the applicant's failure to identify the new respondents. 29.  On 7 December 2003 the applicant notified the District Court that she had already determined the new respondents in her amendment to the statement of claim of 14 May 2003. 30.  On 25 December 2003 the District Court granted the applicant's claims in part. 31.  On 18 March 2004 the Regional Court heard the case on appeal and amended the judgment, awarding to the applicant a total amount of 40,879 roubles and 73 kopecks.


5.  On 16 May 2006 the applicant’s husband filed a petition for divorce with the Larnaca Family Court. This was on the ground that his marriage to the applicant had broken down irretrievably because, among other reasons, he and the applicant had been separated for five years (that is, one year longer than the minimum period required by law: see relevant domestic law and practice at paragraph 25 below). 6.  The case was set for a directions hearing on 14 June 2006. On that date the applicant appeared in person and asked for additional time to file her defence to the petition: the Family Court acceded to her request and adjourned the hearing to 4 October 2006. 7.  On 14 June 2006 the applicant applied to the Family Court for legal aid. The hearing of that legal aid application was fixed for 15 September 2006. On 15 September the applicant appeared before the court and asked for a one-month extension as she was not sure if she would maintain her application. The court adjourned the legal aid hearing to 19 October 2006. 8.  On 4 October 2006, the applicant attended court and requested a further extension for filing her defence to the petition on the ground that her legal aid application was pending. The court adjourned the case to 1 November 2006 and directed that the applicant file her defence by that date. 9.  The applicant did in fact decide to maintain her legal aid application. When this legal aid application came before the Family Court on 19 October 2006, the court considered that the application came within the scope of the Law on Legal Aid (see relevant domestic law and practice at paragraph 23 below) so it instructed the Welfare Office to prepare a social welfare report on the applicant and adjourned the hearing of the legal aid application to 17 November 2006. 10.  The applicant failed to file her defence to the petition for divorce by 1 November 2006 as directed. She also failed to appear in court on that date. In her absence, counsel for the applicant’s husband requested that the case be set for trial. The court acceded to this request and a trial date of 22 November 2006. 11.  The legal aid application came before the court on 17 November 2006 as scheduled. The applicant attended court. However, because no one from the Welfare Office was present, the court adjourned its examination of the application to 21 December 2006. 12.  On 22 November 2006 the applicant did not appear at court for the trial in the main proceedings. The applicant’s husband attended with counsel. In the applicant’s absence, the court proceeded to hear the evidence of her husband who stated that the couple had been suffering problems and had been separated since December 2000. No other witnesses were heard. The court gave an ex tempore judgment granting the petition for divorce. 13.  Although the petition for divorce had been granted, the hearing in the legal aid application went ahead as scheduled on 21 December 2006. The applicant was not present at court. A representative of the Welfare Office informed the court that, from a letter in the court file dated 20 December 2006, which had been sent by a welfare officer to the court registrar, it appeared that the applicant was no longer interested in receiving legal aid. The court accordingly dismissed the legal aid application for want of prosecution. 14.  On 29 December 2006 the applicant appealed against the Family Court’s judgment to the Family Court of Appeal. She was legally represented on appeal. 15.  The applicant submitted two grounds of appeal: that the Family Court had wrongly proceeded with the hearing of the petition for divorce in her absence, and that it had wrongly decided on the dissolution of the marriage. In respect of both grounds, she submitted that the Family Court had acted in breach of Article 30 of the Constitution (the right of access to court and to a fair trial: see paragraph 22 below), the Law on Legal Aid, and the rule of natural justice, including the right to be heard (audi alteram partem). 16.  In the reasons accompanying her grounds of appeal, she again made reference to Article 30 of the Constitution and the right of litigants to present their case before the court and to be defended by counsel. The applicant again submitted that the rules of natural justice safeguarded the right to be heard. She further stated that she had informed the Family Court that she had applied for legal aid. She had been under the impression that her legal aid application would be examined by the same bench that would hear the petition for divorce. As the legal aid application had been fixed to be examined at a date subsequent to the date the divorce petition was fixed (21 December for the legal aid hearing as against 22 November for the divorce petition hearing), she presumed that the divorce petition would be examined following the granting of legal aid so she could file a defence through a lawyer. It was for this reason that she had not appeared in court on 1 and 22 November 2006. 17.  On 21 September 2007, the applicant’s husband died. In his will he bequeathed part of his property to another woman. As a consequence of the divorce, the applicant was not entitled to inherit from his estate or to receive a widow’s pension. The applicant maintained her appeal against the Family Court’s judgment. 18.  On 19 December 2008, the Court of Appeal directed the parties to file skeleton arguments (written outlines of their submissions), in effect accepting the applicant’s notice of appeal. The Court of Appeal further directed that once the skeleton arguments were submitted, the appeal was to be set down for a hearing. 19.  In her skeleton argument dated 9 January 2009, the applicant developed her ground of appeal relating to Article 30, stating that the Family Court had acted contrary to Articles 30(1) (the right of access to court), Article 30(3)(b) (the right to present one’s case and to have sufficient time for its preparation), and Article 30(3)(d) (the right to counsel and to free legal assistance). She relied on both the relevant case-law of the Cypriot courts on these provisions and on the relevant case-law of this Court on the corresponding provisions of Article 6 of the Convention, including Airey v. Ireland, 9 October 1979, Series A no. 32. In respect of her submission as regards the rules of natural justice, she referred to Halsbury’s Laws of England (4th ed., Vol 1, § 76) and the court’s duty to provide every party with a fair chance to set his case before the court. 20.  A hearing on the merits of the appeal took place before the Court of Appeal on 6 March 2009. At the hearing, the applicant adopted her written submissions. Counsel for the applicant’s ex-husband submitted that Airey could be distinguished on the basis that the Convention did not grant a general right to legal aid and, in any event, the present case was not so complex as to require it. The hearing was adjourned to 8 May 2009. On that date, counsel for the applicant provided the court with copies of the relevant case-law cited in the applicant’s written submissions. No further submissions were made and the court reserved judgment. 21.  On 30 June 2009 the Court of Appeal dismissed the appeal. It found:
“It is the appellant’s position that she had informed the court that she had submitted an application for legal aid and, because she believed that her application would be examined by the court which would examine the substance of the petition for the dissolution of the marriage, she failed to appear on 1 November 2006, with the consequence that the case was heard in her absence and the petition for divorce was granted against her.
Regarding the allegations of violation of the provisions of Law 165(I)/2002 and the principles of natural justice, no specific reasons have been put forward which could substantiate the above allegations, which are accordingly dismissed.
Regarding the alleged violation of Article 30 of the Constitution, the appellant has not specified which particular paragraph has been violated and this allegation is dismissed for vagueness. Independently of this conclusion, we have already made detailed reference to what took place both in the proceedings concerning the application for legal aid and the divorce proceedings. From the above, it appears that judgment under appeal was the result of the complete indifference of the appellant to respond to the directions of the Court to file her defence and her failure to appear before the court. The appellant cannot claim that her failure to appear was due to the fact that she believed that the divorce petition would be examined by another court.
The appeal is dismissed with costs.”


6.  The applicant was born in 1934 and lives in Kościan. 7.  During the Second World War, in 1940, the applicant's entire family – her parents and their children – were expelled from their house and farm in the vicinity of Poznań by German occupying forces. Subsequently, they were for some time placed in a camp for expelled persons in Poznań and then shipped off to eastern Poland, referred to at that time as General Government (“Generalna Gubernia”), which was occupied by the German authorities. The applicant and her family were assigned to live on a farm of local farmers in Szaniawy. At the time of the expulsion, imprisonment and resettlement the applicant was six years old. 8.  On 16 June 2001 the applicant submitted a request for financial assistance from the Polish-German Reconciliation Foundation under the so-called second compensation scheme (see paragraph 16 below). She declared that she had been a victim of persecution by the German occupying authorities during the Second World War. In support of her claims the applicant submitted the following documents: a form certifying registration of her stay in Szaniawy during the war, a certificate of her first communion issued by the rector of the parish of Trzebieszów, a certificate of her mother's death in Szaniawy, statements by three witnesses certifying that the applicant had been expelled from the Poznań Province to Szaniawy during the war, the workbook (“Arbeitsbuch”) of her father's sister, issued by the German authorities, and a number of documents from various Polish archives informing the applicant about difficulties in obtaining documents confirming the persecution to which she had been subjected. 9.  In 2002 the Verification Commission of the Polish-German Reconciliation Foundation, established under the Agreement of 16 October 1991 between the Polish and German Governments and operating on the basis of its statute, refused to pay financial assistance to the applicant, considering that persons expelled from their homes and properties by the German forces of occupation during the war were not entitled to compensation. 10.  It further stated that the evidence submitted by the applicant, in particular the witness statements, was insufficient to confirm that the applicant and her family had been imprisoned in the camp for expelled persons. 11.  The Foundation in its letter referred to the requirements of eligibility which were laid down by regulations governing the functioning of the second compensation scheme operated by the Foundation (on the basis of a Law of 2000 on the Creation of the “Remembrance, Responsibility and Future” Foundation enacted by the German Parliament and the subsequent agreement between that Foundation and the Polish-German Reconciliation Foundation, see paragraph 16 below). 12.  The applicant appealed. On 21 November 2003 the Appeals Commission of the Foundation upheld the contested decision. It informed the applicant that she was not eligible for financial assistance under the scheme in respect of her deportation. Neither she nor her family had been deported for the purposes of forced labour to the territory of the German Reich within its borders of 1937.
Moreover, the evidence which she had submitted did not allow it to be established that the applicant and her family had indeed been imprisoned in the camp in Poznań. It further informed the applicant that no appeal lay against this decision. 13.  On 12 January 2007 the public prosecution services lodged an action on the applicant's behalf with the Warsaw District Court, referring to Article 189 of the Civil Code and to the Court's judgment in the case of Woś v. Poland (no. 22860/02, ECHR 2006‑VII) and seeking to confirm that judicial review of the Foundation's decisions had been available to the applicant at the relevant time. 14.  These proceedings were stayed on an unspecified later date, when the court referred to an individual constitutional complaint pending before the Constitutional Court at that time and brought by a certain Mr K. Subsequently, in June 2007 the Supreme Court, by way of a resolution, held that decisions of the Foundation could be challenged before the ordinary courts (see paragraph 20 below). This approach was indirectly confirmed by a decision given by the Constitutional Court in the case referred to above (see paragraph 21 below). The prosecuting authorities did not request that the civil proceedings brought on the applicant's behalf be resumed. 15.  In February 2007 the Foundation officially notified the public that it had ceased, as from 31 December 2006, to make any further payments to the victims, having allocated all financial resources which had been earmarked for that purpose.


9.  The applicant, a Turkish national who was born in 1903 and died in 2005, was resident in Adana at the relevant time. 10.  During the 1930s he acquired for value a two-floor freestone building, constructed in 1906, in the sub-prefecture of Tarsus, İçel province. The building, which had a total floor space of 516.34 m², was of architectural interest in its own right. 11.  On 1 November 1990 the Committee for the Protection of Adana's Cultural and Natural Heritage decided to classify the property as a “cultural asset” within the meaning of the Cultural and Natural Heritage (Protection) Act (Law no. 2863 of 21 July 1983). On 23 November 1998 it was included in the project for protection of the urban environment. It was also included on the Council of Europe's inventory for the protection of the cultural and natural heritage. 12.  On 4 April 2000 the executive council of İçel province issued an expropriation order in respect of the property in the context of the “Project for the environmental rehabilitation and regeneration of the streets around St Paul's Well”. On the basis of a valuation report submitted on 21 March 2000 by a panel of experts (hereafter “panel no. 1”) made up of three representatives of the authorities and two representatives of property owners, and in line with the “high-grade building” category in the construction price index published by the Ministry of Urban Planning, the council determined the building's value at 36,856,865,000 Turkish liras (TRL) (about 65,326 euros (EUR)[1]). This amount was paid to the applicant on the date of transfer of ownership. 13.  On 12 October 2000 the applicant lodged an application for increased compensation for the expropriated building with the Tarsus District Court. He requested that a new panel of experts, to include a qualified art historian, re-assess the property, taking into account its historical and architectural value. He claimed TRL 1,000,000,000,000 (about EUR 1,728,750) in additional compensation. 14.  On 26 February 2001 the court held a hearing and dismissed the applicant's request for re-valuation of the building on the ground of its historical value. The court held, inter alia, that under section 11 (1) of the Expropriation Act (Law no. 2942) (see paragraph 29 below), the panel of experts responsible for the building's valuation could only determine its value on the basis of clearly defined objective data. At the same time, it agreed to the appointment of a new panel of experts, to be made up of a civil engineer, an architect and a representative of property owners. 15.  On 10 May 2001, after visiting the site, the court-appointed panel of experts (hereafter panel no. 2) submitted its report. With regard to those features and factors which had a bearing on the property's value, it reached the following conclusions:
“The property in question is located in the Camicedit neighbourhood, within the territory of Tarsus, in the Mersin District. It is recorded in the land register as a solid structure house with a courtyard. Situated in an urban area, it is classed as a listed building in the project for protection of the urban heritage. The decision to classify the building was adopted by the Committee for the Protection of Adana's Cultural and Natural Heritage on 1 November 1990...
The property under dispute... is located ... in the town centre, at the corner of two streets, and its south- and east-facing façades give onto the road.. It is situated in a high-density business and retail area... It borders the north side of the plot of land on which St Paul's well is located. The latter, a site of considerable importance in terms of history and tourism, has long been considered sacred, and visited, by Christians. Thus, before its expropriation, the property was at the centre of “religious tourism”.
Archaeological research indicates that the district of Tarsus is an area that was settled in the period 10,000–4,000 B.C. It is therefore of historical and cultural value. In addition to the historical monuments which are visible above ground, the ruins of an ancient town have been discovered in the course of excavation works alongside the law courts..., and the area has been placed under protection.” 16.  In determining the value of the building, panel no. 2 based its findings primarily on the construction price index published by the Ministry of Urban Planning, specifically the category “buildings requiring restoration”. It stated its findings as follows:
“The building which is located on the disputed land is composed of two floors, each with a living floor space of 258.17 m², its total living floor space being therefore 516.34 m². It has been constructed from dressed stone and the architecture of the linking pieces is in the Baghdad style. It was designed as a residential building. The ground floor is in a simple [architectural] style, and the first floor has the features of dressed stone buildings. There is a balcony ... on the first floor. The dressed stone of the window arches and balcony is highly embellished. Thus, the disputed property has the features of buildings... constructed in line with the Mediterranean tradition, known as 'Tarsus houses' (Tarsus evleri). It has also been included in the Council of Europe's inventory for the protection of the cultural and natural heritage. It was in this building that Ataturk stayed during his visit to Tarsus in the 1930s. In spite of its age, and having regard to the above-mentioned features, the building has been protected and maintained in good condition by its owners. In those circumstances, a depreciation rate of 50 % has been decided on. As the building comes within class V, group D (buildings requiring restoration) under the Ministry of Urban Planning's circular of 2000..., the approximate cost of construction per square metre ... has been set at TRL 351,413,000.” 17.  Panel no. 2 concluded that panel no. 1 (see paragraph 12 above) had valued the disputed building as an ordinary dressed-stone building, without taking account of its architectural features. It decided not to adopt those valuation criteria and assessed the building's value at an initial TRL 181,448,588,000. It then reduced this amount to TRL 90,724,294,000, noting that the building's depreciation justified a reduction of 50%. However, it then increased this sum to TRL 181,448,588,000, holding that, in view of the building's architectural, historical and cultural features, its value should be increased by 100 %. After deduction of the expropriation compensation already paid to the applicant, the panel decided that the additional compensation should be TRL 144,591,723,000. 18.  A third panel of experts (hereafter “panel no. 3”) submitted a report on 12 June 2001, confirming all of the conclusions in the second expert report. 19.  On 14 June 2001 the applicant requested a further expert report, on the ground that the two previous reports had failed to take sufficient account of the building's architectural and historical features in assessing its value. 20.  On 15 June 2001 the court, after dismissing the request for an additional expert report, allowed part of the applicant's claim and instructed the authorities to pay him TRL 144,591,723,000 (about EUR 139,728) in additional compensation, with interest at the statutory rate, to be calculated from 3 October 2000. 21.  On 19 November 2001 the Court of Cassation set aside that judgment. It held that under section 15 (d) of the Cultural and Natural Heritage (Protection) Act (Law no. 2863), neither a building's architectural or historical features nor those resulting from its rarity could enter into play in the assessment of its value. Consequently, a 100 % increase in the amount of additional compensation could not be considered justified. 22.  On 4 December 2001 the applicant petitioned for rectification of the Court of Cassation's judgment. He contested the amount of expropriation compensation and emphasised, inter alia, the absence of a legal criterion that would enable the value of buildings making up the country's cultural and historical heritage to be calculated. He relied on Article 6 of the Convention and Article 1 of Protocol No. 1. 23.  On 21 January 2002 the Court of Cassation dismissed the applicant's request for rectification. 24.  On 15 February 2002 the District Court complied with the Court of Cassation's judgment and fixed the amount of additional compensation at TRL 53,867,429,000 (about EUR 45,980), with interest, to be calculated from 3 October 2000. 25.  On 27 May 2002 the Court of Cassation upheld the judgment of the first-instance court. 26.  On 23 December 2002 the Ministry of Finance issued a payment order for TRL 124,807,810,000 (about EUR 91,905), broken down as TRL 53,867,429,000 in respect of additional compensation and TRL 70,940,390,000 in respect of interest. 27.  The case file shows that, following judicial proceedings which ended in 2005, the applicant received separate compensation for the land on which the building was constructed. According to information submitted by the Government and uncontested by the applicant's representatives, the compensation received following the expropriation of the land was 145,460 new Turkish liras (TRY)[2] (about EUR 87,101).