THE FACTS THE CIRCUMSTANCES OF THE CASE A.     Background information on Hizb ut-Tahrir 5.

THE FACTS I.     THE CIRCUMSTANCES OF THE CASE 8.     The applicant was born in 1967 and lives in Gomel, Belarus. 9.

    Consequently, on 16 January 1992, by order of the Minister of Justice, Principal State Counsel at the Court of Cassation (“Principal State Counsel”) appealed against the judgment delivered

Under these circumstances the objection that the proceedings were vitiated fails."

An unauthorised breach of secrecy by a lawyer is punishable by imprisonment for a maximum of one year or a fine (Article 203 para. 1(3) of the Criminal Code).

Le fait que le consulat de Suède était situé à Benghazi ne modifiait en rien cette conclusion. 24.

This was a principle that likewise had its origins in Article 19 of the Hague Convention.

The court held as follows: “Ms Koroleva is charged with particularly serious offences punishable by more than two years’ imprisonment.

Article 7 para. 1 (Art. 7-1) excludes that any acts not previously punishable should be held by the courts to entail criminal liability or that existing offences should be extended to cover facts which

    The Court, being the master of characterisation to be given in law to the facts of the case (see Radomilja and Others v. Croatia , nos.

Despite the fact that the criminal proceedings against the applicant [on charges of membership of a terrorist organisation] have been suspended, it is an established principle of case-law that exoneration

COMMON QUESTION Did each applicant have a fair hearing as required by Article 6 § 1 of the Convention (see, among others, as regards the general approach to the assessment of the overall fairness, Simeonovi

Since under domestic law such breaches could be punishable by the dissolution of an organisation, the court decided that the claim was lawful and that it therefore should be granted. 5.

    The circumstances of the case The facts of the case, as submitted by the parties, may be summarised as follows. 1.

An effective investigation should in principle be capable of leading to the establishment of the facts of the case and to the identification and punishment of those responsible.

THE FACTS I.     THE CIRCUMSTANCES OF THE CASE 7.     The applicants, Mr Sarı and Ms Çolak, were born in 1973 and 1977 respectively. At the material time they lived in Ankara. 8.

This constitutional principle is inseparable from the principle of justice entrenched in the Constitution: all the necessary legal preconditions must be created by law in order to justly compensate for

The national courts had applied standards that were in accordance with the principles enshrined in Article 10 and they had based their decisions on an acceptable assessment of the facts.

In the latter respect, the court had regard to how and from whom the information had been obtained and to the fact that, due to the nature of the information in question and the constraints of a fast news

  The Federal Constitutional Court does not apply the guarantees of a fair hearing (Grundgesetz) in Art 6 of the Convention.