raport-cpt.pdf

-mentioned cases were still pending. As regards the case of K.J., the authorities further indicated... of the criminal and disciplinary proceedings initiated in the two cases referred to in paragraph 19. 10 Case... periods (up to several weeks and, in one case, two months) before being transferred to a specialised institution for juveniles; this was the case in particular at Bedzin and Katowice. The delegation... . 2. Torture and other forms of ill-treatment 13. As was the case in 2004, the majority
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february_2011_newsletter-aia.pdf

an award rende- red in France. 7 In my view, the Hilmarton doctrine which allows French courts... ) and the second and most recent one of the U.S. Supreme Court regarding class actions: the Stolt-Nielsen case... States was the Stolt-Nielsen case. The case reached the U.S. Supreme Court concerning the issue... , 2010), the disputing parties presented their oral arguments before the U.S. Supreme Court. In this case... provisional measures from a French court. NB : In my view, althoughthe decree does not expressly
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zawadka_eng.doc

. On 1 November 2001 the Court changed the composition of its Sections (Rule 25 § 1). This case... . The court considered that although there was nothing in the case-file to suggest that the applicant's... courts costs. The court found that he ran a business and in July 1997 his income had reached 700... and the legal fees in a case like his would not exceed PLN 300. The court further noted that the applicant... , judgment of 24 March 1988, Series A no. 130, p. 32, § 68). 55. The Court's case-law has consistently
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frankowicz_eng.doc

and Supreme Medical Courts, which decided his case, lacked independence and impartiality. 62. There are two... of the Regional Medical Court, and application to transfer the case to another town, had been dismissed. He... to the fact that the disciplinary court had allegedly violated a time-limit for examination of a case... that the Constitutional Court would have been competent to examine whether the proceedings before the Medical Courts met... of the relevant facts. 41. Under the Court's case-law, the States parties to the Convention have
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peryt_eng.doc

of the merits of his case. Moreover, his applications to the domestic courts were unclear and often... the applicant to pay a court fee due for lodging another appeal. On 20 July 2000 the court rejected his appeal... . On 1 November 2001 the Court changed the composition of its Sections (Rule 25 § 1). This case... the Court declared the application admissible. THE FACTS I. THE CIRCUMSTANCES OF THE CASE 8... after 30 April 1993 15. On 15 May 1993 the applicant requested that the court include in the case
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iwaszkiewicz-wersja-angielska.doc

values. 34. Under the case-law of the Polish courts, the principle of legal certainty did not apply... of the domestic courts given in the applicants' case were based on well-established and extensive case-law. The courts had conducted an extensive examination of the evidence in the case and had explained... to present their arguments to the courts. 62. Having regard to the circumstances of the case seen... . The Court observes that at no time was Mr Iwaszkiewicz obliged to pay back any amounts which he had
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krol_eng.doc

suffering from various ailments and for that reason the court should give priority to his case. 12... that the court was particularly slow in dealing with the case. In a letter to the applicant of 29... . The Government submitted that the case had been of some complexity. They stressed that the trial court... . In the present case the Court observes, that while the second instance proceedings were concluded rather speedily, the case was examined by the court of first-instance for a substantial period of more than
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case-of-toziczka-v-poland1.docx

by referring to any examples of domestic case-law showing that the courts had allowed petitions to reopen... rights between parties under private law. In the instant case, therefore, the courts' decisions against... . It may be subject to editorial revision.In the case of Toziczka v. Poland,The European Court of Human... , that her civil case had not been determined by an impartial court.. On 26 September 2011... the first-instance judgment and remitted the case. It was of the view that the first-instance court had
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chruscinski_eng.doc

. In their decisions the courts referred to particular witnesses' statements and other evidence included in the case... . 2. The Court's assessment (a) Principles established under the Court's case-law 33. The Court... criminal gang (see paragraphs 5 and 17 above). In the Court's view, the fact that the case concerned... of the proceedings. In this regard, the Court recalls that the criminal case at issue was complex. The Court takes... established under the Court's case-law 54. The Court reiterates that although it is not always necessary
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nadolska--wersja-angielska.docx

noted that the domestic court in examining the case had been guided above all by the well-being... District Court concluded that in the circumstances of the case the well-being of the child did not make it necessary to dismiss the father's motion for his return to Mexico.41. The domestic court... -instance court had failed to examine whether the circumstances of the case satisfied... of a substantive or procedural decision in the case at stake. The provision reads as follows:"A court shall
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