Court considers that in the instant case it cannot be argued that by ordering the applicant to vacate the flat in question the domestic courts – and in particular the Constitutional Court – failed to discharge

Notwithstanding, it would be unacceptable for national authorities to compensate for the failure to discharge their positive obligations under Article   3 at the expense of the guarantees of Article

The discharge report indicated that he had suffered asphyxiation and that he had injuries on his throat, tongue and vocal cords.

The authorities had thus failed to discharge their positive obligation to investigate in an effective manner whether the arson attack which had been motivated by the applicant’s sexual orientation constituted

under Article 1 of Protocol No. 1 to the Convention that as a result of inflation the savings accumulated in his Savings Bank account have lost their purchasing power and that the State’s failure to discharge

In doing so, the respondent State remained free to choose the means by which it would discharge its legal obligation under the said provision.

Turkey had thus failed to discharge its obligation to guarantee the applicants’ right to respect for their private and family life.

The respondent State remains free, subject to monitoring by the Committee of Ministers, to choose the means by which it will discharge its legal obligation under Article   46 of the Convention, provided

Subject to monitoring by the Committee of Ministers, the respondent State remains free to choose the means by which it will discharge its legal obligation under Article 46 of the Convention, provided that

It accordingly concluded that, in order to discharge its legal obligation under Article 46 of the Convention, the Russian Government was under an obligation to replace detention on remand with other, reasonable

On 17 August 2004 the Ministry of Justice, complaining to the Kaspi District Court that Mr Sh. had failed to discharge the judgment debt of 11   December 2003, requested that the probation be cancelled

Thus, the Government have failed to discharge their burden of proof and produce evidence capable of casting doubt on the account of events provided by the applicants (see Olisov and Others v.

The text of the decision included the following: “... the military commissioner is to reinstate Belayev in the list of military personnel and to eliminate the violations of the procedure of his discharge

  The public prosecutor or the investigating magistrate informs the guardian of any dismissal of charges, discharge, acquittal or conviction of his or her ward.

Italy (no. 2) ([GC], no. 10249/03, 17   September 2009), the Court concluded that Italy had failed to discharge its obligation to grant the applicant in that case, who had been tried under the summary

    The Minister of Justice may discharge an assessor having given him notice and subject to approval by the board (of judges) of a regional court.” Section 135 “§   1.

As for the reason for the commission of the infraction, he stated that in the beginning of 2012 his common-law partner Ms   N.K. had been hospitalised and stayed at the hospital and after the discharge

    If so, in so far as the investigation into the attack on the applicant is concerned, did the Government discharge its positive obligation under Article 10 of the Convention to take the necessary

On 1   September 2002 the company S.M. from Skopje (a company which had capital control over the Hospital) issued a discharge notice according to which the applicant had been diagnosed as having suffered