The existence of such remedies must be sufficiently certain not only in theory but also in practice, failing which they will lack the requisite accessibility and effectiveness; it falls to the respondent

Romania (nos. 33810/07 and 18817/08, §§ 12-41, 24 May 2011). They have the same historical context and relate to the same domestic criminal proceedings. They can be summarised as follows: 8.

As the migrants’ stay in the Netherlands and Germany had only been brief and transitory, and given that they had never even entered Denmark, there was, according to the applicant, no proof of “residence

In the same type of case the Court has stressed that there must be a sufficient element of public scrutiny of the investigation or its results to secure accountability in practice as well as in theory.

s house and seen armed men wearing masks there. A.Ch. had asked them why they had broken into Z.Ch.'s house. In response the armed men had forced A.Ch. to the ground.

They unanimously declared the complaint under Article 7 of the Convention admissible and the remainder of the application inadmissible, and held that there had been no violation of Article 7.

To meet the burden incumbent on the Government to prove the effectiveness of the newly established remedy in theory and practice, they submitted information about one ruling of the Administrative Department

According to the applicants, there were no beds there and when they asked whether they would sleep there, they were told that they would be taken elsewhere.

They admitted before the public prosecutor that they had written the petitions, either themselves or with the help of their children, but stated that they had no other motive than wanting their children

They also found R.M. guilty of kidnapping a third party in October 1996. 37 .     On 9 June 2014 the City Court delivered a judgment. It found that L.

As for private law proceedings, they argued that, in theory, the applicant could have brought a tortious claim in relation to the past treatment.

cited above, where there was no such obstacle). 73.

The Court finds that there is no evidence in the casefile to confirm that they had been accepted as civil parties in the criminal proceedings against C.V., became creditors in the enforcement proceedings

After the third applicant was released from hospital they returned to the Guarded Centre for Aliens. 13.

They relied on their account of the facts. 47.

They argued that such applications were only admissible if there were valid grounds justifying the reopening of the proceedings.

  Romania [GC] (dec.), no. 42219/07, § 84, 9 July 2015). 49.

Moreover, despite the fact that both complainants were public bodies, they claimed to be entitled to complain of a violation of their human rights in so far as they acted jure gestionis and their actions

There is no evidence of a lack of subjective or objective impartiality of the courts, nor is there an indication of any procedural disadvantage of the applicant vis-à-vis the prosecution during the trial