Court : European Court of Human Rights
..... the court also notes that, despite the fact that in its final criminal judgment of 25 january 2006 the lugoj district court found that the manager of the national railway company had forged this document, which was used as evidence in the administrative and criminal proceedings, the criminal courts had dismissed the applicants application for judicial review of the criminal judgment of 21 january 2005. ..... the court notes that, according to decision t1 concerning the application to romanian territory of the common transit system for rail freight transport, the national railway company was required, among other obligations, to ensure appropriate conditions for a safe customs inspection (see paragraph 48 above). 79. ..... the court also notes that in the two final judgments, of 16 and 29 september 2003, the lugoj district court found that the representatives of the national railway company had shown gross negligence in not ordering the removal of the freight wagons to the non-electrified track for the customs inspection. ..... the court observes that the present case concerns the alleged responsibility of the state for negligent acts that were likely to result in the loss of the applicants life. ..... 15339/02, 21166/02, 20058/02, 11673/02 and 15343/02, 146, echr 2008 (extracts); y rekli v. ..... 48913/99, 17 july 2008, petrov v. ..... 42994/05, 2 december 2008). 83. ..... the defendant company appealed and the appeal was allowed by the timi county court on 19 february 2008. .....
Tag this Judgment!Court : European Court of Human Rights
..... . to avoid being branded as arbitrary, detention under article 5 1 (f) must be carried out in good faith; it must be closely connected to the ground of detention relied on by the government; the place and conditions of detention must be appropriate; and the length of the detention must not exceed that reasonably required for the purpose pursued (see rustamov, cited above, 150, with further references) ..... : a russian citizen (article 464 1 (1)) or a person who has been granted asylum in russia (article 464 1 (2)); a person in respect of whom a conviction has become effective or criminal proceedings have been terminated in russia in connection with the same act for which he or she is being prosecuted in the requesting state (article 464 1 (3)); a person in respect of whom criminal proceedings cannot be brought or a conviction cannot become effective in view of the expiry of the limitation period or on another valid ground ..... the moscow region fms informed the prosecutor of moscow that the applicant was not a russian citizen and nor had he applied for asylum, and that he had had residence registration in khimki between 20 june 2008 and 13 april 2009, but had not been registered in the moscow region since then. 18. ..... on 17 march 2012 the applicant went to the kazanskiy railway station in moscow as he wanted to return to uzbekistan. ..... they informed him that he was on a wanted list in uzbekistan and asked him to go with them to the police station located near the railway station, which he did. .....
Tag this Judgment!Court : European Court of Human Rights
..... cited the following examples: the finding of the spanish supreme court in the trial of judge garz n in february 2012; the ruling of the ugandan constitutional court upholding the constitutionality of the 2000 amnesty act; the brazilian supreme courts ruling of april 2010 refusing to revoke the 1979 amnesty law; and the ruling of the south african constitutional court in the azpo case upholding the constitutionality of the promotion ..... grave breaches to which the preceding article relates shall be those involving any of the following acts, if committed against persons or property protected by the convention: wilful killing, torture or inhuman treatment, including biological experiments, wilfully causing great suffering or serious injury to body or health, and extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly.? 38 ..... on a line of legal doctrine on amnesties (the interveners relied on the following sources: louise mallinder, amnesty, human rights and political transitions, bridging the peace and justice divide (hart publishing 2008); louise mallinder, amnesties challenge to the global accountability norm ..... u-iii/543/1999 of 26 november 2008 the constitutional court held, in so far as relevant, ..... . 30609/04, 29-35, 18 december 2008, concerning the situation of judges to whom a case was remitted after a decision had been set aside or quashed by a higher ..... 62, echr 2008; rantsev ..... 67, echr 2008; ..... june 2008) ..... january 2008) .....
Tag this Judgment!