only role was to examine whether, in view of the Turkish courts’ reaction to her “arguable” claim under Article 3, the applicant had been able to make use of the system for pecuniary compensation that ought

  In addition, the Court pointed out that associations laid themselves open to scrutiny when they entered the arena of public debate and that, since they were active in the public domain, they ought

She ought therefore to have applied for a residence permit within one month of the date of entry into force, failing which she would be liable to be deported; the applicant, however, had omitted to do

In their view, this ought to be considered a fact of decisive influence which was unknown when the judgment was delivered within the meaning of Rule 80.

They submit that the applicant ought to have complained about the length of the proceedings before the Frankenthal District Court and the Palatinate Court of Appeal in her constitutional complaint dated

        In its judgment of 18 May 1993 the Supreme Court stated that the Court of Appeal ought to have given reasons for rejecting the applicant's arguments.

It was therefore satisfied that the approach to proportionality set out by the Grand Chamber in Al-Adsani ought to be followed in the instant case.

The court which placed him in pre-trial detention could not have been unaware of those circumstances and ought to have taken particular care to ensure that the detention conditions corresponded to his

A medical expert stated in court that had the applicant had the injuries in question when examined by the general practitioner, the latter ought to have noticed such injuries.

elementary steps and seek information from the relevant authorities about the investigation’s progress or the lack thereof, as well as to lodge an application with the Court as soon as he or she realises, or ought

In addition, the Latvian authorities had taken specific measures to regularise her situation, which ought to enable her to remain in Latvia lawfully and on a permanent basis and freely to exercise her

Articles 273, 298 and 300 of the Code of Criminal Procedure), the judicial review could not be limited to the parties’ legal arguments, and that the courts were the masters of legal characterisation that ought

  Furthermore, the Directorate ought to have taken account in this sensitive case of the specific characteristics of the Old Orthodox faith, namely its very heterogeneous structure.

As eye-witnesses to the alleged offence whose reports were submitted in evidence, the officers ought to be called to testify in court and held liable in case of perjury. 6.

in cases such as the present one, giving importance to the children’s own wishes in the light of their age and maturity while aligning with the Court’s general case-law concerning the importance that ought

While the Court agreed that the material ought to have been disclosed to the next of kin when it had first been sought, it was not persuaded that as a consequence of the non-disclosure the applicant had

On the contrary, its importance for Romanian society ought to have prompted the domestic authorities to deal with the case speedily and without unnecessary delay, in order to prevent any appearance of

For a positive obligation to arise, it must be established that the authorities knew or ought to have known at the time, of the existence of a real and immediate risk to the life of an identified individual

Finally, he argued that these violations ought to have resulted in an order for his release. THE LAW 6.

chaussée et qu'il était prévu qu'il ne soit que deux à boire du café ; qu'il admettait également l'avoir présentée aux malades en disant que Peggy Z... était belle et disponible ; - qu'une collègue , Oudha