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Der Kanzler des Europäischen Gerichtshofs für Menschenrechte 19/01/06 Gerichtshof – Mündliche Verhandlung im Fall Jašar gegen die „ehemalige jugoslawische Republik Mazedonien“ [en] EUROPEAN COURT OF HUMAN RIGHTS 27
Press release issued by the Registrar CHAMBER HEARING The European Court of Human Rights is holding a Chamber hearing today Thursday 19 January 2006 at 9 a.m., on the admissibility and merits in the case of Jašar v. “the former Yugoslav Republic of Macedonia” (application no. 69908/01). The applicant The case concerns an application brought by a Macedonian national, Pejrusan Jašar who was born in 1965 and lives in Štip, “the former Yugoslav Republic of Macedonia”. Summary of the facts On 16 April 1998 the applicant, who is of Roma ethnic origin, was in a local bar where gambling took place. One of the losing gamblers complained that the dice was fixed and fired several gunshots. Several police officers came to restore the peace. As the versions of events submitted by the Government and the applicant differ, it cannot be concluded whether the applicant took part in the disturbance that occurred in the bar or he was just watching the incident. However, the applicant maintains that police officers grabbed him by his hair and forcibly put in the police van. During his detention in police custody, he was allegedly kicked in the head, punched and beaten with a truncheon by a police officer. The medical report made the following day stated that the applicant had sustained “light bodily injury” in the form of numerous injuries to his head, hand and back. In May 1998 the applicant filed a criminal complaint with the Public Prosecutor against an unidentified police officer. After two inquiries, the Public Prosecutor notified him in November 1999 that he had officially requested the Ministry of the Interior to make additional inquiries. There is no indication that further steps were taken as regards the applicant’s complaint of alleged ill-treatment. The applicant also brought civil proceedings against the State. In March 1999 his claim for damages was dismissed as ill-founded, on the ground that there was insufficient evidence to establish that the injuries were inflicted as a result of police brutality. In October 1999 the appellate court upheld the decision. Complaints The applicant complains under Article 3 (prohibition of inhuman or degrading treatment) and Article 13 (right to an effective remedy) of the European Convention on Human Rights. ./.. Procedure The application was lodged with the European Court of Human Rights on 1 February 2001. Composition of the Court The case will be heard by a Chamber composed as follows: Boštjan M. Zupančič (Slovenian), President, Representatives of the parties Government: Radica Lazareska-Gerovska, Agent,
Applicant: Dianne Post, Counsel,
After the hearing the Court will begin its deliberations, which are held in private. A decision on admissibility, followed if appropriate by a judgment, will be delivered at a later date. *** Registry of the European Court of Human Rights The European Court of Human Rights was set up in Strasbourg by the Council of Europe Member States in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights. Since 1 November 1998 it has sat as a full-time Court composed of an equal number of judges to that of the States party to the Convention. The Court examines the admissibility and merits of applications submitted to it. It sits in Chambers of 7 judges or, in exceptional cases, as a Grand Chamber of 17 judges. The Committee of Ministers of the Council of Europe supervises the execution of the Court’s judgments. More detailed information about the Court and its activities can be found on its Internet site. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
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