Neither consideration ought to take precedence, nor should there be any presumption in favour of disclosure.

The applicant therefore did not allege that the Regional Court knew or ought to have known that his absence was justified by the time it pronounced its judgment.

With regard to the material date, the existence of the risk must be assessed primarily with reference to those facts which were known or ought to have been known to the Contracting State at the time of

Furthermore, it ought also to protect the authorities and other persons concerned from being under any uncertainty for a prolonged period of time (see Torlak and Others v.

If not, did the authorities know or ought to have known that the applicant was at risk of being subjected to ill ‑ treatment at the hands of his inmates, and if so, did the administration of remand

or (b)     where a systemic or structural dysfunction in hospital services results in a patient being deprived of access to life-saving emergency treatment and the authorities knew about or ought

In particular, did the State authorities know or ought to have known that there was a risk for the lives of the applicants’ relatives (see Osman v. the United Kingdom , 28 October 1998, § 116, Reports

Accordingly, the Italian authorities had known or ought to have known that this operation would expose the applicant to a real risk of treatment proscribed by Article   3.

Her husband counterclaimed, arguing that the divorce ought to be granted on grounds of fault by the applicant alone; among other claims, he alleged that for several years she had failed to fulfil her marital

he makes untrue statements which are detrimental to another person’s honour and reputation, before a third party, with the intent to damage that person’s honour and reputation, even though he knew or ought

According to the Court of Cassation, the applicant ought to have been tried for collective smuggling.

In any event, given all the circumstances, the authorities had known or ought to have known that X had been in a particularly vulnerable situation and at risk of self-harm, which had required special attention

It follows that the applicant company’s attempts to lodge an appeal and an appeal on points of law were doomed to fail and that it ought to have known about that, given the public nature of the applicable

    The extent to which the applicant was aware of the Court’s case-law is not in itself decisive, for the Court ought to take into account his experience of availing himself of the remedy in

The applicant also argued that the delay in the examination of the case was not related to his absence at one hearing but to the absence of the victim and of two witnesses, the presence of which ought

Firstly, however, the approach to covering a given subject was a matter of journalistic freedom; it was left to journalists to decide what details (such as the full name of the person concerned) ought

– In the light of the foregoing considerations, the national authorities knew, or ought to have known, of the real and imminent risk to the applicant’s and her children’s lives from the violence inflicted

only subsequently becomes aware of circumstances which render the remedy ineffective, it may be appropriate to take the start of the six-month period from the date when the applicant first became or ought

In considering the new application, the Government will examine whether the applicant’s conversion to Christianity in the Netherlands ought to be regarded as credible.

notified the applicant that he could not be transferred back to a penitentiary facility in the Kurgan Region because, pursuant to Article 81 of the Russian Code on the Execution of Sentences, a detainee ought