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Family Sharing
Up to six family members will be able to use this app with Family Sharing enabled.


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Month in Review: August 2005
This feature includes the games of the month and our monthly buyers' guide.
Games of the Month for August 2005
Welcome to GameSpot's Month in Review, where we look back at the games that GameSpot has reviewed for the month and recommend the cream of the crop in our Game of the Month awards. If you're a GameSpot Complete member looking to catch up on the many game reviews that GameSpot has put together for the month of August, download the PDF Buyer's Guide for a full list. Otherwise, read on for this month's awards. The editors gathered together and weighed in on the games that were released and finally picked the winners. Remember, only those games that GameSpot has reviewed within the month may actually qualify. Without further ado, let's take a look at GameSpot's Game of the Month awards for the month of August, 2005.
Advance Wars: Dual Strike (DS)
"The brilliantly designed, addictive Advance Wars series of strategy games has found itself a comfortable new home on the Nintendo DS, and it couldn't be more welcome. Originally created for the Game Boy Advance back in 2001, Advance Wars now is on to its third installment, which significantly broadens the scope of this very deep and incredibly fun series while not messing with the fundamentals that made it so great. The result is Advance Wars: Dual Strike, the biggest and in many ways best game in the series yet. It offers a tremendous value and is sure to provide you with hour after hour of fun-filled, surprisingly brisk turn-based gameplay. A terrific presentation and tons of different modes of play, in addition to some great Wi-Fi multiplayer support, put this one way over the top. It's arguably the first must-have game for the Nintendo DS, and it's a perfect excuse to get the system if you haven't already." - Greg Kasavin
"You'd have to have a cold heart indeed to not be charmed by the bright eyes and madly wagging tails of the wonderfully lifelike Nintendogs. The game's boisterous and affectionate young canines are impossibly endearing, making the tasks of caring for them, training them, and simply interacting with them a joy. That Nintendogs occasionally limits some of your activities in what is already a streamlined set of options is pretty much the only bad thing you can say about the virtual puppy game. However, the game is at its best in short, satisfying bursts, and is suited to dog lovers of all ages." - Bethany Massimilla
The Incredible Hulk: Ultimate Destruction (GC, Xbox, PS2)
"In many ways, The Incredible Hulk: Ultimate Destruction is exactly what a quality single-player adventure based on a license ought to be. It pays ample service to the Hulk fan base through numerous obscure references to assorted comic-book bric-a-brac and lots of unlockable materials, and it manages to get the game portion of the equation down pat, creating a world well-suited to Hulk and his destructive tendencies. Sure, it isn't the deepest, longest, or most technically proficient game out there, but fans of the comic book are sure to have a blast smashing their way through every destructible obstacle the game throws at them, and anybody else with a penchant for obliteration ought to at least give Ultimate Destruction a look." - Alex Navarro
Lord of the Rings Trilogy (Mobile)
"This game's royal production values stand out in a crowded field, as does its lengthy, challenging campaign. Overall, The Lord of the Rings Trilogy is a great action game that plays more like a 16-bit console game than a mobile game. Although it focuses on finding switches and navigating mazes rather than platforming, it's very much in the same class as Gameloft's Splinter Cell games, the genre's de facto gold standard. We highly recommend it, even to nonfans." - Steve Palley
Got a news tip or want to contact us directly? Email email@example.com

subset: commoncrawl


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A complete file management system, fully adjustable to your needs from a simple download list up to managing user access. It is possible to create new files using free WYSIWYG html editors (FCKeditor or htmlarea), create and extract .zip files, download/upload one or multiple files, and other tasks you need to manage a website without FTP access.Visit publisher site: efileman
Listing Details
- Version:
- 18.104.22.168
- Filed in:
Scripts / CGI & Perl / Scripts & Programs / File Manipulation / File Management
- Publisher:
- Eckehard Bahr Other listings by this publisher
License & Pricing Information
- License Type:
- Freeware
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- 0.00
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User ReviewsAdd/Edit Your Review
Displaying 1-2 out of 2 reviews
efileman is simply the best, most versatile tool I've ever seen! Although it was originally written to be a file manager, I've successfully created a free website hosting company from it! It's got everything I could need for either purpose, built in WYSIWYG, user registration, forgot password, template-based, etc. It also has the best documentation (on its website) and the greatest support forum, the owner replies to almost everything within a day. Plus it's free and works on almost every sever!
It is a Good Script.It is usefull for our File managment with our offices.


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With over 16 years' experience in the automotive industry, Morrie Camporeale has been named as Pentana Solutions' new CIO. The last five years of Morrie's journey have been driving operational excellence through the company's distribution ERP arm as General Manager – Distribution Solutions. Previous to this Morrie was Inchcape Australia's IT Manager.
In his new role as Pentana Solutions' CIO, Morrie will man the helm of development, or as the business calls it – Innovations. With experience in the automotive retail space as well as the requirements of distribution or manufacturing operations he is well aware of the very connected and global nature of today's market. His goal is delivering a mix of best of breed solutions to retailers, distributors and OEMs in a way that drives efficiency from the core of their business.
Pentana Solutions CIO on People
As a people focused leader Morrie is keen to drive new software innovations to market from an agile approach. Morrie says, 'this business is its people and our global team of innovators are just that; innovative and passionate people. They take great pride in delivering real solutions to the automotive industry and focus on developing products that transform the way our customers work.'
A Vision for the Future
When asked what's in store for the future Morrie tells us that he, 'wants to skate to where the puck is going to be, by continuing to develop automotive software that is intuitive, easy to use and in line with growing automotive trends.' Morrie's team will do this by using some of the latest technologies and processes to support agile scrum development and deployment. 'Furthermore, Quality Assurance at Pentana Solutions will be adopting new multi-point test regimes to ensure the best customer experience the first time, every time,' adds Morrie.
A Passionate Software Leader
When asked about the businesses product suite Morrie is frank. 'We're not bleeding edge but we are leading edge because we're flexible and robust and intuitive. I honestly believe we have the best intellectual property of any DMS provider in the world. Making that value easily accessible in a user interface is at the fore of my vision.' Pentana Solutions' new CIO ends by saying, 'we will continue to develop our industry leading integrations with OEMs to take the complexity out of dealerships; giving them more time to do what they do best - sell cars.'


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Thursday, January 14, 2010
Space Shuttle Program Commemorative Patch
Collectspace.com is hosting their own voting for the top 15! To cast your vote for your favorite patch, Click Here
85 designs were received in the Space Shuttle Program Commemorative Patch Contest from a wide variety of individuals, including astronauts and former and current civil servants and contractors.
The winning design will be flown on an upcoming shuttle mission, and the winner will be presented with their flown artwork as an award. Click here for the 85 entries that were submitted. The top 15 entries can be viewed here.
6 comments:
- Paul said...
The link to the patch vote seems to be broken.
- Thu Jan 14, 07:36:00 PM EST
- Dave said...
There are two public links to the entries on the NASA.gov web site ...
Top 15 finalists
All 85 entries
(I think the "rendezvuos" link may be closed to the general public.)
- Fri Jan 15, 03:46:00 PM EST
- Damaris B. Sarria said...
Thanks. You're right that the other link is internal. I realized after the posting that the voting was for employees only. But thanks for finding the links and I've updated them on my page!
- Fri Jan 15, 05:38:00 PM EST
Hello Sir,
Your website is very much interesting; I am your favorites. Also I follow your website.
I have been maintaining this blog for more than a year.
View my favorite's blog
My blog deals with current news and images on NASA Space Shuttle Missions, International Space Station News, Aeronautics, Science and Technology, Astronauts News and Moon and Mars,
I have got many back links for my blog http://worldspacesatellites.blogspot.com/ from related sites.
So if you could provide me a link to my blog, it will be much more useful for user and young school and college peoples.
Around 10,500 visitors daily visits my blog. So it will be highly benefited for your sites also.
It would be great pleasure if you can add this link http://worldspacesatellites.blogspot.com/ in your blog so that it can benefit our visitors.
My blog details:
Title: NASA Space Shuttle Station Information
URL: http://worldspacesatellites.blogspot.com/
Title: NASA Space Shuttle Station
URL: http://space-station-shuttle.blogspot.com/
Email id: email@example.com
Hope you would add my blog.
Please respond to me for this mail.
Awaiting for your reply.
Swetha Roy
- Mon Jan 25, 06:10:00 AM EST
- Robert said...
I have been working in Houston on the Shuttle since 2/1986. I'm sad to see the Shuttle retiring this year.
What is your opinion about retiring the Shuttle now? Do you think it should be used to shuttle Astronauts until a new vehicle is ready?
- Tue Jan 26, 03:25:00 PM EST
See you on Mars, I have told
That is the last message...
Houston, Fox 1
- Thu Jan 28, 06:57:00 PM EST


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The Eclipse Dark Dining Experience presents, "For the Love of Food" Valentine's Day menu, a four-course meal and wine pairing designed to put you in that romantic mood by using ingredients synonymous with love and romance - and all of this will be done in the dark.
You will be gently blindfolded listening to soft ambient music as you enjoy your evening and each other.
Price $89.00 PER PERSON (Advance payment required)
Must be 21 years old to attend.
Event posted: Feb. 3, 2014
Last updated: Feb. 3, 2014


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A-Z Menu
The main attractions of El Cotillo are the fantastic white beaches and glorious sunsets. The duplex is just 50 metres from what is one of the best unspoilt beaches in the Canaries. A sandy white beach stretches for three miles to the very north of the island. It has beautiful, safe lagoons and it is always possible to find a totally private spot somewhere.
The duplex, (one of a small complex of eight) has a sitting room, with TV and music centre, a fully equipped kitchen with oven, hob and microwave, and a breakfast bar. It has an upstairs twin bedroom and spacious bathroom. The settee in the living room converts to a double bed. As the duplex is to the rear of the properties there is a small, very private patio, with trees that can offer shade. The patio has garden furniture and loungers which can be taken to the nearby beach.
The duplex is 600 metres from El Cotillo, which has some small supermarkets, an excellent choice of restaurants. and a few friendly bars..
The first step is to fill out our online booking request form - see link on the left or Click Here - and we'll check if a bungalow is available for the dates you require
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Following a delightful lunch and conversation with A Crack in Everything creators Zoe Scofield and Juniper Shuey (who graciously agreed to talk to my Dance-Theatre class about their work), the three of us walked to the Vancouver Public Library to check out two of the pieces (or 1 1/2, really) that make up the 2103 PuSh Festival's "Fiction(s) Series."
Unfortunately, all of the "books" in the Human Library had been checked out for the day. And so we contented ourselves with lingering in the VPL's public concourse watching text unfurl on giant television screens as two local writers equipped with laptops spun spontaneous prose out of what they were witnessing. The brainchild of PuSh Festival favourite Mariano Pensotti (La Marea in 2011, El pasado es un animal grotesco in 2012), Sometimes I Think I Can See You gives new meaning to the digital book, transforming the act of writing into a visual performance, and asking what it means to read privately in public spaces, where any moment we might become a character in someone else's narrative.
I did not stay for very long, though long enough to say hello to Mariano (who was running between the VPL and the Vancouver Art Gallery, site of the work's other public outpost), and to witness one utterly beguiling moment. One of the authors (who, I confess, I did not recognize), in a J.M. Barrie moment of make-believe making belief, asked her readers to clap--at which point a group of Asian language students who had been following the text burst into spontaneous and enthusiastic applause.
A PuSh moment if ever there was one.
Friday, January 18, 2013
PuSh 2013: Sometimes I Think I Can See You
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NEW YORK (MarketWatch) -- United Heritage Corp.'s UHC Petroleum unit and Dominion Resources D, +1.01% said Monday they've reached a joint operating agreement. As part of the deal, UHC Petroleum assigned to Dominion 7,840 specific net acres of its 10,502 acre oil and gas leasehold in Edwards County, Texas. The parties also agreed to an area of mutual interest, which surrounds the 7,840 specific net acres.
United Heritage, Dominion ink joint operating deal
Quote References
+0.81 +1.01%


text: Down the Old Badger we have been enjoying the session beer that is Moles Tap. At 3.5% you can drink 4 pints and still only be at the same stage as a pint of 14% wine. Given the time factor involved in drinking half a gallon, you're virtually sober. And as we enter the Christmas month, that is a message we should all drink to. Bottoms up (sorry, still thinking 'bout the last post)!!! Personally, I'd mount a defence of the mole grip as their best, but they're all good. And wasn't it nice to see a picture of Max's thanksgiving. There are three generations of his womenfolk represented. I know which one his missus is, but I can't decide on the other two. All I can tell is that they each have a different nationality. What a leader of women Max is. Lol !!!


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Nick Lyras Athens, Greece
on October 2006
Hi this is Nick and I would like to express my feelings for you and your crew. THANK YOU VERY VERY MUCH for that fantastic experience you provide to all of us last week. THANK YOU for your perfect hospitality. THANK YOU for sharing with us all your knowledge. I knew that I could not consider myself as a top driver at fast driving, but I thought I could stand just ok on a racetrack. You destroyed everything showing us that we know nothing but I also THANK you for that.


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The process for me goes something like this...overwhelming fear and insecurity attack, sometimes nausea and overwhelm, then a conscious choice to take a deep breath, let go and surrender (so so difficult). To simply...allow. For mistakes, mishaps, serendipity, grace, failures...life!! To rest deep in the knowing that I have done my very best, given my all...and...that's that!!! And then...when I have finally wrapped my arms around the fact that simply being able to get up in the morning and CREATE is such a joy, such an beautiful journey in and of itself, such an honor and a privilege...once I embrace the frustration and the challenge...something shifts and opens.
And it doesn't have to be something huge, either...it can be a simply sincere compliment, a kindly soul reaching out to me but...it gets me to take the next step. And then..all those tiny steps may lead to something larger and much more than I could ever dream up.
It's the process of transforming fear into faith.
I am so honored and privileged to have been included in this magazine. It's focus is on artists around the world using their medium to create social awareness and bridge cultural differences; "it's a digital space where art meets activism, empowerment, and social responsibility." You can read my interview here.
Dear Ms. Ali-thank you for believing in me, supporting my work and giving me this forum to reach a broader audience. I am truly humbled and grateful.
*P.S. This is the GIRLS issue...so I am especially happy to have been included:)


text: Fey and Poehler have proved they're comedy gold (what's better than gold? platinum? diamonds? comedy diamonds) with their successful stints as Golden Globes hosts, starring roles in Baby Mama, and of course, years of killing it together on Weekend Update. We couldn't be more excited about this if we tried. I'm Lizzing.


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Kryon ~ The New Light
Posted by SpiritLibrary, 06/02/2017
By Lee Carroll
Greetings, dear ones, I am Kryon of Magnetic Service. There's an energy here that you can touch and feel – that's here by design. Old souls have come to the end of the day, the end of the teaching, and they are starting to think about what was said [referring to the seminar during the day]. Joined together in song, in love, there is goodness here; there is benevolence; there is harmony and that's what happens often when old souls come together with others of like mind. The entourage that I spoke of earlier has actually changed. It changes with you and with the attitudes, understanding and wisdom you gain while here. I want to give a channel about something called new light, and this channelling follows on with everything my partner has said earlier today.
Dear ones, everything I tell you is good news. I want you to understand the reason for these channellings. The reason we do this is because there is something to say at this point in time, which is different than in any other point in time. We've spoken of this before but this message is different, and I sit in a place that needs to hear it so that the hearts start to relax and know there really is a plan.
New light. What is it? Light is a metaphor and the phrase "light and dark" are metaphors for different kinds of consciousness on the planet. I don't have to explain that to Humans. Over time, you've seen the darkest of the dark and you've seen the lightest of the light. Dear ones, when you think about that which is beautiful and God-like, and when you think of the innocence of a child, your heart lightens. It's beautiful light! The high consciousness of benevolence and beauty and harmony is the light we speak of, and darkness is just the opposite. What happens in a dark room when you light a candle? The darkness goes away. So light has always been that which will win over darkness if there's enough of it – if there's enough of it.
Darkness is low consciousness – slavery, death, killing and other attitudes that have no kindness or understanding of the preciousness of life. Darkness is in those who don't even begin to understand the basic elements of love. You've seen it all, dear ones, and humanity knows what dark and light are.
Years ago, this planet started to prepare for the shift. Dear ones, you have free choice, but when a wild-card started to emerge in the '80s and one of your larger governments ceased to exist, humanity turned a corner. That's when you started the shift, and that's when you disabled that which was going to be the Armageddon. If it had not been for this wild card [fall of the Soviet Union], your history would have been much different today, for that's when the planet started to shift.
I want to remind you of what happened about that same time. When I came to my partner 28 years ago, the first news I gave him can still be read in the first communication [Kryon Book One]. I told him there would be no Armageddon. In those years, this went against common prophecy and was difficult to believe for many. However, that's exactly what happened. Then I started to talk about magnetic service. Many have always wondered, "Why is Kryon of magnetic service?" It's because I brought with me what I call the grid group. This is a metaphor, and it's a linear idea so that you would understand it. It's a "group" that would literally shift the magnetic grid of the planet physically. In channelling, we told you that the magnetic north would shift – what you read on the compass would shift – because the magnetics of the planet had to be adjusted to create the physics that would be the adjusted bed of new consciousness. Twenty-eight years ago, no one saw the alliance between physics and consciousness, and those who would listen to the channelling made fun of it. They didn't understand. Today, there is an entire study of physics varying with consciousness and consciousness varying with physics. There's not just an alliance, but a partnership where one affects the other.
We told you before, "You come from the stuff of the stars." All that you are is part of all that is, so you're not an isolated being who walks the earth totally and completely apart from it. Instead, you're part of the chemistry of Earth, the physics of the Universe, and your planet has specific attributes that are just for you. You are part of a grand, planned system.
The magnetic grid had to physically move in order for the shift in consciousness that you were going to create. It did. By 2002, the grid group left and the new alignment was complete. Since you can measure the magnetic grid with a compass, you can validate all of this. Go back and check it out. Did the grid move or not? Oh, indeed it did – probably faster than anyone expected. It explains things that to this day people don't realize.
Do you remember a time when the cetaceans [whales] were beaching themselves regularly all over the planet? Hundreds of them with their families would seemingly wash up on the beach for no apparent reason. Well-meaning Humans would often gather and, with great effort, tow these giant creatures back out to sea, only to watch the whales go in a circle, take their bearings, and head right back into the beach! That's because whales navigate with something called magnetite, a built-in compass in their brains. The grid had moved so much that some of the migration routes that the whales used for decades changed so much in their headings that it sent them into the beaches instead of going safely along the coast, almost like a GPS system that was giving bad directions.
Did you notice that that whole episode of planet-wide beaching of whales stopped a while ago? Now they don't do it often since they have recalibrated the migration routes to the new magnetics. Also, the magnetic shift stopped moving to the point it had before, and an entire generation of whales relearned the paths with new headings. I'm just giving you this to show you that what I'm telling you has credibility.
The shift was for you, dear ones. The physics of the planet had to shift for a new consciousness to begin. We've talked about the field, and my partner spoke of it today. It is beginning to increase. The field is physics that puts together harmonious energies, and one of them is the attributes of high consciousness. You may have seen physical explanations and displays of the field in the past, but I just told you you're related to all this physics. That means that this physics is going to be your ally in a stronger way than ever before. That's two things, but there's actually more.
When it comes to the things that are sacred, some are beginning to be seen more. People all over the earth are starting to be far more receptive to new ideas of who they are, and are getting out of old paradigms they were taught. It's happening all over the planet.
Now, dear ones, you're not seeing these things on the news, because they are not being reported anywhere. This slow growth in perception and paradigm shift represents non-events, not the typical newsworthy items of drama and death. Sociologists will eventually see and report this, and history will record it also. These are the things that slowly change personally for Humans.
I sit in a theatre in Israel with old souls who have come to hear this information, who know who they are, and who believe in the esoteric teaching that says, "God is inside each Human." It's a spiritual axiom that states that the doctrine of behavior is inside, the prophets of the present and past are inside, and that all of the information about the return of the great prophets has already happened! Dear ones, they are all in the grid, and part of new consciousness.
Have you put this together yet? The return of your own prophet is in the field! How about that? He is not returning to an empty chair, but is present in the physics of "the field". What better way to help all of humanity, not just one section of it. Now, that's far-thinking, isn't it? That's all part of the shift, the return. There's more.
New Light
The metaphor of new light. This term refers to light that's never been here before. Let's explain this: Today, light is more powerful than it has ever been before. Today, if you strike a match in a dark room, old soul, the match knows who you are and it becomes an enormous light. It fills the entire room. Before, in an older energy, it would have been one tiny match in a huge, dark room where nobody would have noticed. Many of you have gone through this shift. In the past, light and dark weren't equal at all. Truly, darkness reigned on this planet. I don't have to explain that to this group, do I?
You struggled through it, and now the new light is here. You don't believe it yet, you haven't tried it yet, but it's starting to appear. Light is more powerful today than it ever was before. If you continue this path, the light will win. However, the struggle with you is this: Many don't believe it since for generations the situation has been the same. Are you going to let the past determine the future?
Here is another attribute: Light is starting to lead the way. When you strike a match, you simply create a little light where you are, but when you turn on a spotlight or a lighthouse, it illuminates everything around you. You can see where you're going because you've got new light. It's actually very new. "What does that mean in common language, Kryon?" It means that your intuition is better today than ever before. Your intuition is what lets you walk forward into that which you think is dark. You always are asking: "Is it right, is it wrong? Is it good, is it bad? Is it for me, or not?" Imagine an intuition that lights the way so there's no question anymore! Now, how many of you have tried that lately? Have you tested your intuition lately?
Let's look at another attribute: Light helps the evolvement of Human consciousness. Metaphorically, this new light exposes things you never saw before. If you only have a match, you're going to wander around and fall over things and stumble. However, if you have a bright light, you'll see the things that used to be in the dark and move quickly and with confidence. You will have new ideas that have never been tried. There will be processes that have never been thought of. Things that are brand new will occur, and you'll look at them and say, "Why didn't someone think of this before?"
There will be things that will work today that would never have worked before because light is exposing them. There will be new thinking, new ideas, new kinds of ways of making things work that never worked before. This is the real difference – receptivity to things that would not have been viable in the old energy. Exposure to truth and reality does that.
The magnetic grid and the field will be pushing together to create harmony between Human Beings, but you hold the match, old soul. Are you going to let the match become the lighthouse or will you fall on the old paradigms of history – a dim light that you could never use because it showed you nothing new?
Are you ready for new information? Here is something I have not stated before: When you hear it, you might say, "Kryon, you can't be right about this one." The new light actually creates more of itself. Think about that. Think about you being the spotlight, and suddenly there are two lights! I didn't say it came from another Human, did I? Light creates light. More can see, and suddenly the room that you're in is brighter than anything you could do by yourself. You might say it's carried by an angel? How can light create itself? How can high consciousness multiply? It's because of the new physics. Dear ones, I want you to understand this. We knew this was coming and that's why you're seeing what you're seeing. Light can create more of itself when the Human who is creating it knows about "God inside".
Have you ever seen a person laughing so hard that everyone around him starts laughing? Soon, the whole room is laughing. How does that work exactly? Perhaps it's because laughter multiplies itself through joyful energy? Think about it. The person who first laughed can then leave the room while all the others continue laughing. Was it an energy that was shared, or was it an energy that created more of itself? Light can multiply now since it is carried by those who are aware of this great shift and what it brings to the planet.
I'll give you the final one, number five.
Light lets others see you! You can't hide anymore. If you are a balanced Human Being with enough love in your heart, you can't hide it. First, others are going to ask: "I see you're different. You're not who you used to be. You're a little more relaxed than you should be. What happened?" People will ask who you are or what you've done to create a new balance in your life. What do you say? It's easy. Tell the truth: "I feel different; I have a new attitude towards the creator and who I am. It's not religion; it's a personal awareness of who I am. God is bigger than I thought. I feel so peaceful. I feel the love of the masters has come down and they're here in me. I'm not worrying anymore, and I'm not as anxious about things. I'm learning to handle some issues that I never could handle before."
If you say that to a friend or a neighbor, in this new energy they are not going to run the other way. If you told them, "Well, I've got a new religion or a new prophet," they absolutely will run the other way. This is because what you have is personal and not a system. There is nothing to join and no rules – just a new and beautiful internal compass.
Light is winning and this is why we say what we say here in Israel. In this country, in this land, as small as it is with so many cultures and languages, you're going to see a shift in the situation that you didn't expect. There will be those who come along with ideas you've never heard before. There will be attitudes on both sides that will be very different than before. Along the way, you're going to think, "Where did this come from? Why didn't we have this before? Why wasn't somebody smart enough in the past to figure this out? Why is the reacceptance so different for things that were dismissed before?" When this happens, you'll know I'm right because I've seen it before with other situations that were just as difficult. With higher consciousness comes greater light, and the new light is serving you even now in its infancy.
Now, let me tell you what the catalyst is – it's you! Do you believe it or not? "Kryon, I want to believe it, I want to believe it!" Good! Then why don't you show it? Many of you are going to leave here the same, but others are going to have a bigger light. This is the real issue. How married are you to the status quo and the idea that it can never change?
That's the message of Kryon. Oh, there will be more, but for now, dear ones, don't be afraid of the love of God. You are an ancient culture that exposed the one God to the planet. Now expose what the one God can do in this new energy!
Old souls all over the planet are listening to this. It's the same message for them. I say to them, that's why you're here. That's why you're here. I've seen it before. Collectively, you control the speed of this shift. A very few of you can make a great change with what you do personally with yourself right now.
What a beautiful message this is! Doesn't it feel like it has come from the one God? With all that you know, and with all that your lineage tells you, feel it! God shines on humanity right now with a light that was never there before, because you're ready and worthy to go forward into peace.
Think of these things.
And so it is.
Lee Carroll
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text:
CASE OF SZÜCS v. AUSTRIA
24 November 1997
The present judgment is subject to editorial revision before its reproduction in final form in Reports of Judgments and Decisions 1997. These reports are obtainable from the publisher Carl Heymanns Verlag KG (Luxemburger Straße 449, D-50939 Köln), who will also arrange for their distribution in association with the agents for certain countries as listed overleaf.
List of Agents
Belgium: Etablissements Emile Bruylant (rue de la Régence 67,
B-1000 Bruxelles)
Luxembourg: Librairie Promoculture (14, rue Duchscher
(place de Paris), B.P. 1142, L-1011 Luxembourg-Gare)
The Netherlands: B.V. Juridische Boekhandel & Antiquariaat
A. Jongbloed &
Zoon (Noordeinde 39, NL-2514 GC 's-Gravenhage)
Judgment delivered by a Chamber
Austria – no public delivery of judgments of a court of appeal in two sets of proceedings to claim compensation for detention (Compensation (Criminal Proceedings) Act 1969 and Article 82 of the Code of Criminal Procedure)
I. article 6 § 1 of the convention
A. Applicability
Recapitulation of case-law.
Applicant had had right to be compensated for his detention pending trial, provided that the statutory requirements had been satisfied – there had therefore been a contestation (dispute) over a right – outcome of proceedings in relevant criminal courts directly decisive for his right – applicant's right to compensation a civil one.
Conclusion: Article 6 § 1 applicable (unanimously).
B. Compliance
1. Austria's reservation
Issue not raised in Government's memorial to the Court – there was therefore an estoppel – unnecessary for Court to consider question of its own motion.
2. Merits of complaint
Recapitulation of case-law.
The leave that could be given to third parties to obtain copies of judgments if they showed a legitimate interest did not amount to making the full texts of the judgments available to everyone – in Austria the possibility of obtaining those full texts existed only in respect of judgments of the Supreme Court, the Administrative Court and the Constitutional Court – furthermore, no need for relevant courts to make statements which would breach principle of presumption of innocence.
Conclusion: violation (unanimously).
II. Article 50 of the Convention
A. Pecuniary damage: no causal link between breaches complained of and pecuniary damage.
B. Non-pecuniary damage: sufficiently compensated by finding of violation.
C. Costs and expenses: reimbursement assessed on equitable basis.
Conclusion: respondent State to pay applicant specified sum for costs and expenses (unanimously).
8.12.1983, Pretto and Others v. Italy; 8.12.1983, Axen v. Germany; 22.2.1984, Sutter v. Switzerland; 26.3.1992, Editions Périscope v. France; 26.9.1995, Diennet v. France; 28.9.1995, Masson and Van Zon v. the Netherlands; 18.2.1997, Nideröst-Huber v. Switzerland; 29.5.1997, Georgiadis v. Greece; 24.11.1997, Werner v. Austria
In the case of Szücs v. Austria2,
The European Court of Human Rights, sitting, in accordance with Article 43 of the Convention for the Protection of Human Rights and Fundamental Freedoms ("the Convention") and the relevant provisions of Rules of Court B3, as a Chamber composed of the following judges:
Mr R. Ryssdal, President,
Mr F. Gölcüklü,
Mr F. Matscher,
Mr L.-E. Pettiti,
Mr A. Spielmann,
Mr N. Valticos,
Mrs E. Palm,
Mr L. Wildhaber,
Mr B. Repik,
and also of Mr H. Petzold, Registrar, and Mr P.J. Mahoney, Deputy Registrar,
Having deliberated in private on 27 June and 20 October 1997,
Delivers the following judgment, which was adopted on the last-mentioned date:
1. The case was referred to the Court by the European Commission of Human Rights ("the Commission") on 28 October 1996 and by the Government of the Republic of Austria ("the Government") on 25 November 1996, within the three-month period laid down by Article 32 § 1 and Article 47 of the Convention. It originated in an application (no. 20602/92) against Austria lodged with the Commission under Article 25 by a Hungarian national, Mr Zoltan Szücs, on 24 August 1992.
The Commission's request referred to Articles 44 and 48 and to the declaration whereby Austria recognised the compulsory jurisdiction of the Court (Article 46); the Government's application referred to Article 48. The object of the request and of the application was to obtain a decision as to whether the facts of the case disclosed a breach by the respondent State of its obligations under Article 6 § 1 of the Convention.
2. The applicant stated that he wished to take part in the proceedings and designated the lawyer who would represent him (Rule 31 of Rules of Court B). The lawyer was given leave by the President to use the German language (Rule 28 § 3). The Hungarian Government, having been informed by the Registrar of their right to intervene (Article 48 (b) of the Convention and Rule 35 § 3 (b)), did not indicate any intention of so doing.
3. The Chamber to be constituted included ex officio Mr F. Matscher, the elected judge of Austrian nationality (Article 43 of the Convention), and Mr R. Ryssdal, the President of the Court (Rule 21 § 4 (b)). On 29 October 1996 the President decided that in the interests of the proper administration of justice this case and the case of Werner v. Austria should be heard by the same Chamber (Rule 21 § 7). On the same day, in the presence of the Registrar, he drew by lot the names of the other seven members, namely Mr F. Gölcüklü, Mr L.-E. Pettiti, Mr A. Spielmann, Mr N. Valticos, Mrs E. Palm, Mr L. Wildhaber and Mr B. Repik (Article 43 in fine of the Convention and Rule 21 § 5).
4. As President of the Chamber (Rule 21 § 6), Mr Ryssdal, acting through the Registrar, consulted the Agent of the Government, the applicant's lawyer and the Delegate of the Commission on the organisation of the proceedings (Rules 39 § 1 and 40). Pursuant to the order made in consequence, the Registrar received the Government's memorial on 2 April and the applicant's memorial on 7 May 1997.
On 24 January 1997 the Commission had produced various documents on the proceedings before it, as requested by the Registrar on the President's instructions.
5. In accordance with the President's decision, the hearing in this case and in the Werner case took place in public in the Human Rights Building, Strasbourg, on 25 June 1997. The Court had held a preparatory meeting beforehand.
There appeared before the Court:
(a) for the Government
Mr F. Cede, Ambassador, Federal Ministry of
Foreign Affairs, Agent,
Mrs I. Gartner, public prosecutor, Department of Criminal
Affairs and Pardons, Federal Ministry of Justice,
Mrs I. Siess, Constitutional Service, Federal Chancellery, Advisers;
(b) for the Commission
Mr A. Weitzel, Delegate;
(c) for the applicant
Mr T. Schreiner, of the Eisenstadt Bar, Counsel;
(d) for Mr Werner
Mr G. Bürstmayr, of the Munich Bar, Counsel.
The Court heard addresses by Mr Weitzel, Mr Bürstmayr, Mr Schreiner, Mr Cede and Mrs Gartner.
I. circumstances of the case
6. Mr Zoltan Szücs, a Hungarian national born in 1971, lives at Halaszetelek (Hungary).
A. Detention pending trial
7. On 8 October 1990 the investigating judge at the Wiener Neustadt Regional Court (Kreisgericht) began a preliminary investigation and issued a warrant for the arrest of the applicant and three other persons suspected of having made fraudulent use of another person's credit card when making purchases in various shops in Austria to the value of about 200,000 Austrian schillings (ATS).
8. On 25 February 1991 the police arrested the applicant at the border between Austria and Hungary as he was preparing to enter Austria.
9. On 26 February 1991 the investigating judge at the Eisenstadt Regional Court interviewed Mr Szücs and detained him pending trial.
10. On 4 April 1991 he again interviewed the applicant.
B. Discontinuance of the proceedings
11. On 11 May 1991, at the request of the public prosecutor's office, the investigating judge decided to discontinue the proceedings in the light of a graphologist's finding that it was unlikely that the signatures on the payment slips for the purchases made with the stolen credit card were in the applicant's hand.
12. The applicant was released on the same day.
C. The claims for compensation for detention
1. The compensation claim under section 2 (1) (b) of the Compensation (Criminal Proceedings) Act 1969
13. On 6 May 1991 the applicant sought compensation from the State for the pecuniary damage sustained on account of his detention.
14. On 8 May 1991 the Review Division (Ratskammer) of the Wiener Neustadt Regional Court refused his compensation claim on the ground that, contrary to the requirements of section 2 (1) (b) of the Compensation (Criminal Proceedings) Act 1969 (Strafrechtliches Entschädigungsgesetz, "the 1969 Act" – see paragraph 20 below), the suspicion concerning him had not been dispelled.
15. On 27 May 1991 the applicant appealed against that decision to the Vienna Court of Appeal (Oberlandesgericht).
16. On 9 January 1992 the Court of Appeal, sitting in private, dismissed the appeal. It ruled as follows:
"The Court accepts the appellant's submission that in its decision the Review Division of the Wiener Neustadt Regional Court confined itself essentially to mentioning the applicable provisions and setting out the facts and did not make use of certain concrete information apparent from the file. The appellant, who has in the meantime been convicted in Austria of handling under Article 164 §§ 1 (2) and 2 of the Criminal Code and imprisoned, is in fact suspected of having participated in obtaining goods fraudulently by using an unlawfully obtained credit card made out in the name of another person. It cannot be ruled out that he signed payment slips using a card made out in the name of a woman by wearing a wig. This attempt to investigate was necessary as it had not been possible to bring the other offenders before the court below. Against the conjecture that the signatures were written by the appellant there stands only his assertion that he did not sign any payment slips and that he does not look like a girl either. In so far as he sought to have admitted as genuine proof of his innocence the expert's statement that the signatures on the payment slips were probably not written by the appellant, regard must be had to the scale of probability drawn up by the expert, which does not at all exclude that the appellant wrote the signatures, and it must be observed that this submission by the appellant does not refute the argument that he took part in the fraudulent acts by providing the necessary transport to the various places where the offences were committed and conveying the proceeds from them, knowing that the other persons involved were committing offences. On the contrary, the large number of fraudulent purchases made both in Austria and in Italy supports the view that the appellant was fully aware of the criminal nature of the operations and that it was in full knowledge of this that he assisted the offenders in their criminal acts by continuing to provide transport (Article 12 of the Criminal Code).
Contrary to what the appellant maintained, compensation
under section 2 (1) (b) of the Compensation (Criminal Proceedings) Act
is payable only on condition that the innocence of the detained person
can be regarded as proved; that is to say, it must be
proved that the detained person is not punishable, and cannot be prosecuted, on account of the act in respect of which his detention was ordered. Where that remains only doubtful, suspicion is not dispelled and the condition on which compensation may be paid is not satisfied (see Mayerhofer-Rieder, second ed., E.11a and 12a, on section 2 of the Compensation (Criminal Proceedings) Act). In the instant case it cannot be said that suspicion has been dispelled, and the appeal, being unfounded, must therefore fail."
2. The compensation claim under section 2 (1) (a) of the Compensation (Criminal Proceedings) Act 1969
17. In his pleadings of 27 May 1991 (see paragraph 15 above) Mr Szücs also complained of the excessive length of the detention pending trial and sought compensation for unlawful detention under section 2 (1) (a) of the 1969 Act (see paragraph 20 below).
18. On 9 January 1992, in a separate decision, the Court of Appeal, sitting in private as a court of first instance, dismissed the applicant's claim on the ground that neither his arrest nor the order for his detention pending trial or the continuation of that detention had been unlawful.
The Court of Appeal also referred to the reasoning in its other judgment of the same day (see paragraph 16 above).
II. Relevant domestic law
A. Public oral hearings
19. Article 90 § 1 of the Federal Constitution provides:
"Hearings by trial courts in civil and criminal cases shall be oral and public. Exceptions may be prescribed by law."
B. Compensation for detention pending trial
20. The relevant provisions of the 1969 Act read as follows:
Section 2 (1) (a) and (b)
"(1) A right to compensation arises:
(a) where the detention of the injured party has been unlawfully ordered or extended by a national court ...;
(b) where the injured party has been placed in
detention or remanded in custody by a domestic court on suspicion of
having committed an offence making him liable to criminal prosecution
in Austria … and is subsequently acquitted of the alleged offence
or otherwise freed from prosecution and the suspicion that he committed the offence has been dispelled or prosecution is excluded on other grounds, in so far as these grounds existed when he was arrested;
Section 6
"(1) ...
(2) A court which acquits a person or otherwise frees him from prosecution … (section 2 (1) (b) or (c)) must decide either of its own motion or at the request of the individual in question or the public prosecutor's office whether the conditions of compensation under section 2 (1) (b) or (c), (2) and (3) have been satisfied or whether there is a ground for refusal under section 3 ... If the investigating judge decides to discontinue the proceedings, the Review Division concerned shall rule.
(3) Before ruling, the court shall hear the detained or convicted person and gather the evidence necessary for its decision where this has not already been adduced in the criminal proceedings ...
(4) Once the judgment rendered in the criminal proceedings has become final, the decision, which need not be made public, must, as part of the proceedings provided for in paragraph 2, be served on the detained or convicted person personally and on the public prosecutor ...
(5) The detained or convicted person and the public prosecutor may appeal against the decision to a higher court within two weeks.
(6) The court with jurisdiction to rule on the appeal shall order the criminal court of first instance to carry out further investigations if that is necessary for a decision. If the court which has to rule is the court of first instance, the investigations shall be carried out by the investigating judge.
(7) Once the decision has become final, it is binding on the courts in subsequent proceedings."
21. If the courts consider that the conditions in sections 2 and 3 have been satisfied, the applicant must apply to the Auditor-General's Department (Finanzprokuratur) for his claim to be allowed. If no decision has been taken on his claim within six months or if it has been refused in whole or in part, the claimant may bring a civil action against the Republic of Austria (sections 7 and 8 of the Act).
22. As a general rule, there is no public hearing before the Review Division of the Regional Court or in the Court of Appeal in appeal proceedings (Beschwerden) against a decision of the Review Division. The two courts rule after sitting in private and after hearing the representative of the public prosecutor's office and the principal public prosecutor's office respectively (Articles 32 § 1 and 35 § 2 of the Code of Criminal Procedure – Strafprozeßordnung).
C. Access to the file in criminal cases
23. Article 82 of the Code of Criminal Procedure provides:
"The courts shall have discretion to decide whether a party or his duly appointed representative may, in cases other than those expressly provided for in the Code of Criminal Procedure, be given leave to inspect documents in the file or whether copies may be given to them, provided that the persons concerned can convincingly show that they need such copies in order to be able to claim compensation or to support an application for a retrial or for some other reason."
D. Public access to judgments of Austria's highest courts
24. It is the practice of the registries of the Austrian Constitutional Court and Administrative Court to make their respective court's judgments available on request. The courts also publish a selection of their decisions each year. Since an amendment to the Supreme Court Act in 1991, the judgments of the Supreme Court (Oberster Gerichtshof) have likewise been available to the public on request. The Supreme Court also publishes a selection of its judgments each year.
25. Mr Szücs applied to the Commission on 24 August 1992. Relying on Article 5 §§ 3 and 5, he complained of the length of his detention pending trial and the Austrian courts' refusal to award him compensation for his detention. Relying on Article 6 §§ 1, 2 and 3 (d) of the Convention, he also complained that the Austrian courts had not pronounced judgment publicly and that he had been unable to have any witnesses examined. Lastly, he complained that the principle of presumption of innocence had been infringed.
26. On 29 June 1994 and 23 October 1995 the Commission declared the application (no. 20602/92) admissible as regards the complaint concerning the Vienna Court of Appeal's failure to pronounce judgment publicly and inadmissible as to the remainder. In its report of 3 September 1996 (Article 31) it expressed the opinion that there had been a violation of Article 6 § 1 (twenty-seven votes to two). The full text of the Commission's opinion and of the separate opinion contained in the report is reproduced as an annex to this judgment4.
final submissions to the court
27. In their single memorial in this case and the case of Werner v. Austria (judgment of 24 November 1997, Reports of Judgments and Decisions 1997-VII) the Government asked the Court:
"1. to declare the present applications inadmissible under Article 27 § 2 of the Convention because they are manifestly ill-founded in the absence of the violations of the Convention alleged by the applicants, in so far as they are not to be rejected for non-exhaustion of domestic remedies under Article 27 § 3 of the Convention;
2. to hold that there was no violation of the Convention in the proceedings under the Compensation (Criminal Proceedings) Act."
28. The applicant requested the Court to find
"a breach of his right, protected by Article 6 § 1 of the Convention, to public delivery of the decisions given by the courts before which his claim for compensation came".
He also asked the Court to order Austria to pay him the costs and expenses incurred, together with just satisfaction under Article 50 of the Convention.
as to the law
i. alleged violation of article 6 § 1 of the convention
29. Mr Szücs maintained that he was the victim of a breach of Article 6 § 1 of the Convention, which provides:
"In the determination of his civil rights and obligations …, everyone is entitled to a fair and public hearing … by [a] … tribunal ... Judgment shall be pronounced publicly …"
He complained that, when ruling on his claim under section 2 (1) (b) of the Compensation (Criminal Proceedings) Act (see paragraph 20 above) for compensation for his detention, the Wiener Neustadt Regional Court and the Vienna Court of Appeal had not pronounced their judgments publicly.
He also complained that the Vienna Court of Appeal sitting as a court of first instance to consider his compensation claim under section 2 (1) (a) of the Compensation (Criminal Proceedings) Act (see paragraph 20 above) had likewise not pronounced judgment publicly.
A. Applicability of Article 6 § 1
30. In the applicant's submission, the impugned proceedings related to his civil rights. He had sought compensation for economic loss resulting from his detention pending trial and there had been a serious dispute over his right to be compensated. As the second stage of the proceedings had taken place in the civil courts, it would be incomprehensible to hold that Article 6 § 1 was not applicable to the earlier but essential stage in the criminal courts. Lastly, the decision of the latter courts had been directly decisive for his right to compensation.
31. The Government, on the other hand, considered that in particular the proceedings relating to his compensation claim under section 2 (1) (b) of the Compensation (Criminal Proceedings) Act (see paragraphs 13–16 above) were not covered by Article 6, on the ground that, as in the case of Masson and Van Zon v. the Netherlands (judgment of 28 September 1995, Series A no. 327-A), the applicant had not had a "right" in domestic law. According to the Compensation (Criminal Proceedings) Act, the mere fact of acquitting somebody who had been held in detention or discontinuing the proceedings against him did not mean that the person concerned automatically had a right to compensation. That right existed only where all suspicion had been dispelled, a question which the relevant courts determined in the exercise of their discretion, so that it was not possible to say that a "right" existed. Furthermore, the criminal courts' decision was not directly decisive for the right in question, as the aggrieved person subsequently had to submit his compensation claim to the civil courts.
32. The Court reiterates that Article 6 § 1 applies to contestations (disputes) over rights which can be said, at least on arguable grounds, to be recognised under domestic law. The dispute must be genuine and serious; it may relate not only to the actual existence of a right but also to its scope and the manner of its exercise. The outcome of the proceedings must be directly decisive for the right in question, mere tenuous connections or remote consequences not being sufficient to bring Article 6 § 1 into play (see, among other authorities, the Masson and Van Zon judgment cited above, p. 17, § 44, and the Georgiadis v. Greece judgment of 29 May 1997, Reports of Judgments and Decisions 1997-III, pp. 958–59, § 30).
33. The Court notes that in the instant case section
2 (1) of the Compensation (Criminal Proceedings) Act (see paragraph
20 above) provides that a person is entitled to compensation if his
detention pending
trial has been unlawfully ordered or extended (section 2 (1) (a)) or if he has been acquitted or freed from prosecution after his detention and "the suspicion that he committed the offence has been dispelled" (section 2 (1) (b)).
In the case of Masson and Van Zon, the award of such compensation was left entirely to the discretion of the court even where the legal conditions were met (see the judgment, cited above, p. 19, § 51), and that led the Court to hold that there had been no right under domestic law. In the present case, on the contrary, the applicant had a right to be compensated for his detention pending trial, provided that the statutory requirements were satisfied. This case is therefore more akin to the Georgiadis case, in which a similar provision of the Greek Code of Criminal Procedure created a right to compensation for a person who had been acquitted after being held in detention (see the judgment, cited above, p. 959, § 32).
Like the Commission, the Court therefore considers that a "right" existed.
34. Mr Szücs also maintained that he had had a right to compensation under the Compensation (Criminal Proceedings) Act, although the relevant criminal courts had held that the requirements set out in that Act had not been satisfied. There had therefore been a "contestation" (dispute) over a right within the meaning of Article 6 § 1.
35. The Court notes that section 6 (7) of the Compensation (Criminal Proceedings) Act provides: "Once the decision [on the award of such compensation] has become final, it is binding on the courts in subsequent proceedings" (see paragraph 20 above). Irrespective of the fact that other procedural stages might prove necessary (see paragraph 21 above), the outcome of the proceedings in the relevant criminal courts was therefore directly decisive for the applicant's right to compensation.
36. As to whether the right was a "civil" one, the Court reiterates that the concept of "civil rights and obligations" is not to be interpreted solely by reference to the respondent State's domestic law and that Article 6 § 1 applies irrespective of the status of the parties, as of the character of the legislation which governs how the dispute is to be determined and the character of the authority which is invested with jurisdiction in the matter (see the Georgiadis judgment cited above, p. 959, § 34). For a right to be a civil one, it is sufficient that the subject matter of the action should be pecuniary and that the action should be founded on an alleged infringement of rights which are likewise pecuniary rights (see the Editions Périscope v. France judgment of 26 March 1992, Series A no. 234-B, p. 66, § 40).
37. In the Georgiadis case the Court held that the right to compensation after the acquittal of a person who had been held in detention was a civil one (see the judgment, cited above, p. 959, § 35). It sees no reason to depart from that assessment in the instant case, in which the applicant's right to compensation concerned compensation sought for detention undergone after proceedings had been discontinued by the investigating judge (see paragraph 11 above).
38. Accordingly, like the Commission, the Court concludes that Article 6 § 1 was applicable to the proceedings in issue.
B. Compliance with Article 6 § 1
1. Austria's reservation in respect of Article 6
39. At the hearing before the Court, the Government asserted that the Court could not entertain the complaint based on the fact that there was no public hearing and no public delivery of the judgments in the proceedings for compensation in relation to a criminal case, since those proceedings were covered by Austria's reservation in respect of Article 6 of the Convention, worded as follows:
"The provisions of Article 6 of the Convention shall be so applied that there shall be no prejudice to the principles governing public court hearings laid down in Article 90 of the 1929 version of the Federal Constitution Law."
40. The Court notes that the Government did not raise the issue of the reservation in their memorial to the Court. It accordingly considers that it must apply Rule 50 § 1 of Rules of Court B, which provides:
"A party wishing to raise a preliminary objection must file a statement setting out the objection and the grounds therefor not later … than the expiry of the time-limit laid down under Rule 39 § 1 for the filing of its first memorial."
The Government are therefore estopped from raising the question whether the complaint (see paragraph 39 above) is covered by the relevant reservation and it is unnecessary for the Court to consider it of its own motion.
2. Merits of the complaint
41. In the Government's submission, the requirement of Article 6 § 1 concerning the public pronouncement of judgments had been satisfied in the instant case, since under Article 82 of the Code of Criminal Procedure (see paragraph 23 above), third parties were able to have access to the files and obtain copies if they could show a legitimate interest. Furthermore, the limited jurisdiction of the courts, which had to rule only on whether the suspicion concerning the applicant had been dispelled, justified not delivering the decisions in public, as in the Pretto and Others v. Italy case (see the judgment of 8 December 1983, Series A no. 71). Lastly, a private sitting had also been justified in the interests of the applicant, because it was likely to be stated in the decisions in question that the suspicion concerning him still remained, and that would infringe the principle of presumption of innocence. Furthermore, as regards the compensation claim under section 2 (1) (a) of the Compensation (Criminal Proceedings) Act, the applicant had failed to appeal to the Supreme Court against the judgment of the Court of Appeal sitting as a court of first instance (see paragraph 18 above).
42. The Court reiterates that the holding of court hearings in public constitutes a fundamental principle enshrined in paragraph 1 of Article 6. This public character protects litigants against the administration of justice in secret with no public scrutiny; it is also one of the means whereby confidence in the courts can be maintained. By rendering the administration of justice transparent, publicity contributes to the achievement of the aim of Article 6 § 1, namely a fair trial, the guarantee of which is one of the fundamental principles of any democratic society, within the meaning of the Convention (see, for example, the Diennet v. France judgment of 26 September 1995, Series A no. 325-A, pp. 14–15, § 33).
43. The Court has several times had occasion to rule on the Article 6 § 1 requirement that judgments must be pronounced publicly, holding that "in each case the form of publicity to be given to the 'judgment' under the domestic law of the respondent State must be assessed in the light of the special features of the proceedings in question and by reference to the object and purpose of Article 6 § 1" (see the Pretto and Others judgment cited above, p. 12, § 26 in fine). Thus in that case (see p. 13, § 27, of the judgment) it held, having regard to the Court of Cassation's limited jurisdiction, that depositing the judgment in the court registry, which made the full text of the judgment available to everyone, was sufficient to satisfy the requirement. In the Axen v. Germany case (see the judgment of 8 December 1983, Series A no. 72, p. 14, § 32), it held that public delivery of a decision of a supreme court was unnecessary given that the judgments of the lower courts had been pronounced publicly. Lastly, in the Sutter v. Switzerland case (see the judgment of 22 February 1984, Series A no. 74, pp. 14–15, § 34) it held that public delivery of a decision of the Military Court of Cassation was unnecessary, as public access to that decision was ensured by other means, namely the possibility of seeking a copy of the judgment from the court registry and its subsequent publication in an official collection of case-law.
44. The Court notes that in the proceedings relating to the compensation claim made by the applicant under section 2 (1) (b) of the Compensation (Criminal Proceedings) Act (see paragraphs 13–16 above) neither the Wiener Neustadt Regional Court nor the Vienna Court of Appeal pronounced judgment publicly. Similarly, in the proceedings relating to the compensation claim under section 2 (1) (a) of the same Act (see paragraphs 17–18 above) the Vienna Court of Appeal, sitting as a court of first instance, did not deliver its judgment at a public sitting.
Since it is expressly provided in section 6 (4) of the Compensation (Criminal Proceedings) Act (see paragraph 20 above) that in such proceedings the courts need not deliver decisions publicly, the applicant cannot be blamed for not having appealed to the Supreme Court against the judgment of the Court of Appeal, sitting as a court of first instance, on this point.
45. Admittedly, as the Government maintained, a third party can be given leave, under Article 82 of the Code of Criminal Procedure (see paragraph 23 above), to inspect the files and obtain copies of the judgments they contain if he shows a legitimate interest. Such leave is, however, granted only at the discretion of the relevant courts, so that the full texts of the judgments are not made available to everyone.
46. In Austria the possibility of obtaining the full texts of judgments from the court registry in fact exists only in respect of judgments of the Supreme Court, the Administrative Court and the Constitutional Court (see paragraph 24 above) and not in respect of the judgments and decisions of courts of appeal or first instance.
47. The Government's argument as to maintaining the presumption of the applicant's innocence cannot succeed. On the one hand, the Court, like the Commission, does not see why it should be necessary for the relevant courts, in the course of proceedings brought under the Compensation (Criminal Proceedings) Act, to make statements which would breach the principle of presumption of innocence laid down in Article 6 § 2. On the other hand, it may be of importance to the person concerned that the fact that suspicion concerning him has been dispelled should be brought to the knowledge of the public.
48. That being so, in view of the fact that no judicial decision in the two sets of proceedings complained of was pronounced publicly and that publicity was not sufficiently ensured by other means, the Court, like the Commission, concludes that there has been a breach of Article 6 § 1 in this respect.
II. Application of article 50 of the convention
49. Article 50 of the Convention provides:
"If the Court finds that a decision or a measure taken by a legal authority or any other authority of a High Contracting Party is completely or partially in conflict with the obligations arising from the ... Convention, and if the internal law of the said Party allows only partial reparation to be made for the consequences of this decision or measure, the decision of the Court shall, if necessary, afford just satisfaction to the injured party."
A. Damage
50. Mr Szücs claimed 20,400 Austrian schillings (ATS) in respect of pecuniary damage, in particular on account of loss of earnings during his detention. He also sought ATS 30,000 in respect of non-pecuniary damage.
51. Like the Commission and the Government, the Court notes that there is no causal link between the breaches complained of and the alleged pecuniary damage; it is not possible to speculate as to what would have been the outcome of the proceedings if they had satisfied the requirements of Article 6 § 1.
As to possible non-pecuniary damage, the Court considers it sufficiently compensated by the finding of a breach of Article 6 § 1.
B. Costs and expenses
52. The applicant also claimed ATS 8,501.50 for costs and expenses entailed by his appeal to the Vienna Court of Appeal against the Wiener Neustadt Regional Court's decision and ATS 147,950 in respect of the proceedings before the Convention institutions.
53. The Government accepted the amount of the costs claimed for the appeal to the Vienna Court of Appeal. As to the proceedings at Strasbourg, having regard to the complaints declared admissible by the Commission, they considered it reasonable to award the applicant the sum of ATS 70,000.
54. The Delegate of the Commission was in favour of reimbursing the costs and expenses incurred before the Convention institutions.
55. The Court reiterates that according to its case-law, to be entitled to an award of costs and expenses, the injured party must have incurred them in order to seek prevention or rectification of a violation, to have the same established by the Commission and later by the Court and to obtain redress therefor. It must also be shown that the costs and expenses were actually and necessarily incurred and that they are reasonable as to quantum (see, among other authorities, the Nideröst-Huber v. Switzerland judgment of 18 February 1997, Reports 1997-I, p. 110, § 40).
56. As the Government pointed out, only the costs relating to the proceedings in the Vienna Court of Appeal were incurred in order to seek rectification of violations relating to the Wiener Neustadt Regional Court's failure to deliver judgment publicly. The Court therefore awards the sum sought under this head.
As to the costs entailed by Mr Szücs's representation at Strasbourg, the Court, making its assessment on an equitable basis and with reference to the relevant criteria, decides to award the sum of ATS 90,000.
C. Default interest
57. According to the information available to the Court, the statutory rate of interest applicable in Austria at the date of adoption of the present judgment is 4% per annum.
FOR THESE REASONS, THE COURT unanimously
1. Holds that Article 6 § 1 of the Convention applies to the proceedings in issue;
2. Holds that there has been a breach of Article 6 § 1 of the Convention on account of the failure to pronounce the judgments in those proceedings publicly;
3. Holds that the present judgment constitutes in itself sufficient just satisfaction for any non-pecuniary damage sustained;
4. Holds
(a) that the respondent State is to pay to the applicant, within three months, 98,501 (ninety-eight thousand five hundred and one) Austrian schillings and 50 (fifty) groschen in respect of costs and expenses;
(b) that simple interest at an annual rate of 4% shall be payable on that sum from the expiry of the above-mentioned three months until settlement;
5. Dismisses the remainder of the claim for just satisfaction.
Done in English and in French, and delivered at a public hearing in the Human Rights Building, Strasbourg, on 24 November 1997.
For the President
Signed: Feyyaz Gölcüklü
Signed: Herbert Petzold
In accordance with Article 51 § 2 of the Convention and Rule 55 § 2 of Rules of Court B, the concurring opinion of Mr Matscher is annexed to this judgment.
Initialled: F. G.
Initialled: H. P.
As regards the breach of the principle that proceedings must be public, I refer to the first paragraph of my separate opinion in the case of Werner v. Austria (judgment of 24 November 1997, Reports of Judgments and Decisions 1997-VII).
1. This summary by the registry does not bind the Court.
2. The case is numbered 135/1996/754/953. The first number is the case's position on the list of cases referred to the Court in the relevant year (second number). The last two numbers indicate the case's position on the list of cases referred to the Court since its creation and on the list of the corresponding originating applications to the Commission.
3. Rules of Court B, which came into force on 2 October 1994, apply to all cases concerning States bound by Protocol No. 9.
4. Note by the Registrar. For practical reasons this annex will appear only with the printed version of the judgment (in Reports of Judgments and Decisions 1997), but a copy of the Commission's report is available from the registry.


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Resident Service at Harper University Hospital
A dedicated inpatient neurosurgery floor is available along with a dedicated neurosurgical ICU. Overflow of neuro ICU patients go to an adjacent general surgical ICU. EEG monitoring and TCD are available 24 hours. Also available are CT, MRI and MRA, intraoperative MRI, diagnostic and interventional angiography, radiation oncology and Gamma Knife.
Three operating rooms are available with microsurgical capabilities. Intraoperative navigational equipment along with one dedicated engineer comprises the neurosurgical team in stereotactic surgery. The outpatient facilities for the adult service are located at HUH in the Professional Building. Neurological surgery patients are seen by different faculty members Monday thru Friday. On all other days of the week, the residents participate in the clinics when they are not in the operating rooms or on the neurosurgery floors.


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Day one. All gathered in Gosport, welcomed by a beautiful sunny morning and friendly team from World Cruising for briefings and safety checks.
Great location to assemble, lots to do at Gun wharf Quay – children went zorbing, Karen shopping and boys went up the Spinnaker Tower before lunch at Zizzi's. Really convenient to be so close to all the facilities and historic attractions of Portsmouth. Grey
afternoon and light drizzle to finish the day. Early night and sleep comes eventually as westerly wind whistles through the rigging.


text: Share: Comments Print June 11, 2008 at 12:02 PM Checking in on Phoenix Posted by Jayda Evans Shootaround just wrapped for both teams with Phoenix and Seattle's camp reporting everyone healthy to play. "Unless something happens on the way out," said Mercury coach Corey Gaines. He made the comment because of an accident at the lower southeast tunnel where the team bus normally enters. A machine crashed into the KeyArena roll-up door and word is it will take weeks to fix the problem. I imagine somewhere Sonics owner Clay Bennett is stewing at having to spend more money on the facility. Or maybe it's Force 10 Hoop's problem? Owners Anne Levinson and Ginny Gilder were at shootaround. It's Mercury F Diana Tuarasi's birthday (26) and Storm F Sue Bird said the celebration is tonight. I bet it won't last too long since Seattle has to board a bus at 6 a.m. for a back-to-back set in San Antonio and Houston this weekend. It'll be Storm F Sheryl Swoopes' homecoming and she admitted to feeling "nervous" about the return. Phoenix is entering tonight's matchup on consectutive wins against Minnesota and Los Angeles. The Mercury started the season at 0-4. After shootaround, Gaines spoke about the latest with gambling NBA ref Tim Donaghy. Donaghy alleged that games were fixed and Gaines said that has long been the rumor. Gaines joked (with a tinge of truth) that he was a bench player and never got a call while playing in the league, but went on to say how hard it would be to really "fix" a game. It was a conversation he had with Sonics assistant Paul Westhead, the former Mercury coach, at dinner on Tuesday. "If my head was on the chopping block I'd probably say anything, too," Gaines said. "A veteran player is going to get calls over a rookie, that's normal in any league. That's the way it rolls. He's saying something deeper, but could just be talking. I don't think anybody is ever happy with any officiating. Every league I've been around, it's always been the same." Storm F Lauren Jackson has been super frustrated with officiating this season. During the Detroit win on Saturday, she carried the ball to the ref and screamed at him that a foul called while her arms were straight up as she defended a Cheryl Ford baseline drive was not a foul. I asked Jackson if she was concerned about getting a technical foul because of her passion in arguing her point. "What's 150 dollars?" she scoffed. Comments


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Single storyed, 3 Bhk, 1500 sq.ft Residential House in 19.5 cents for sale at Kollam, Karamcode, Near Vimala School. New House, 3...
Property ID 12042024
Posted On 20/Jul/2017
Built up Area 1500 Sq-ft
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Sonika Chauhan death case: Hearing on accused's bail plea on July 26
| Updated: Aug 23, 2017 11:20 IST
New Delhi [India], July 20 (ANI): The next hearing of actor Vikram Chatterjee's bail, the accused in the Sonika Chauhan death case, will take place on July 26. Chatterjee's counsel stated in court that since the chargesheet was submitted on July 19, more time should be given. On July 7, Vikarm was sent to police custody till July 10 by the Alipore Court. He was arrested from his Kasba residence late night the previous day. Sonika passed away in a car crash in April 29. Chatterjee has been carrying charges of culpable homicide not amounting to murder on his head. (ANI)


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Are you aware of the Riot (Damages) Act 1886?
Unless you have recently been on holiday on the moon you won't have failed to hear all about the damage and loss caused by the events in London and other cities over recent days.
Initial estimates of the loss have been put at over £100Million by the insurance industry and according to some assessments this could top £200Million once everything settles down again.
At this point it is relevant to consider a little known piece of legislation by the name of the Riot (Damages) Act 1886. Under this Act householders and businesses who were not insured could claim against the English police authorities for the costs of loss and damage. Insurers might also seek to recoup losses that they suffer as a result of the riots. Effectively the Act makes police authorities liable for damage to buildings and their contents if a riot occurs under the Public Order Act, even if there has been no negligence on the part of the police.
The Association of Police Authorities has previously asked that this piece of legislation be repealed. However, at this time it remains in place. Under the Act a potential claimant must notify their local authority of a claim within 14 days.
In recent days the Prime Minister David Cameron has announced that compensation will be available and indeed he has gone further and indicated that the standard 14 day period in which people can submit claims has been extended to 42 days. The Association of Police Authorities has described the Riot Act as an "out of date law". The Association of British Insurers (ABI) has said that the Riot Act has worked well for 125 years.
"Whatever the right and wrongs", says Kelvin Farmaner, Partner in the Insurance Litigation Team at Trethowans LLP, "it is important for all those affected by the riots to be aware of the Riot (Damages) Act 1886."


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Breast cancer detected early can be cured
The breast cancer is the most common cancer in the female around the world and it is the second most common cancer in female in India. There are few important facts about breast cancer for your awareness.
DCIS stands for ductal carcinoma in-situ, which means cancerous cells have started to grow within one of the milk-ducts of breast. If the cells were still confined to the milk duct, you would be classified as having a Stage 0 breast cancer. But if doctor has indicated that some cancer cells have spread into the surrounding breast tissue it is termed as micro-invasion. Stage 0 breast cancer suggests have an excellent chance of a successful outcome, major treatment advances have been made in recent years and patients prospects are much more promising than they used to be. In fact, the five-year survival rate for women diagnosed with Stage 0 breast cancer is 99 per cent.
In general though, women diagnosed with-
Stage 1 in which the tumour is two centimetres or smaller in size and the cancer has not spread outside the breast can be fairly optimistic they will beat the disease. The five-year survival rate for this group is about 90-95 per cent.
Stage 2 in which the cancer has reached the lymph nodes. The five-year survival rate for this group is about 75-85 per cent.
Stage 3 – in which the cancer has spread to nearby tissue outside the breast such as the chest wall – the survival rate drops down to 45-55 per cent.
Stage 4 – in which the cancer has metastasized, spreading to distant parts of the body the 5-year survival is about 10-20 per cent.
The encouraging news is that the vast majority of breast cancer now, about 80 per cent are diagnosed when they are still in the early stages, either 1 or 2, But it's clear that significant progress is being made in the fight against breast cancer.
Back in the 1960s, the combined five-year survival rate for all four stages of breast cancer was 35-45 per cent but the mid-1980s, that figure had climbed to 60-70 per cent. Today it's up to 75-80 per cent.
Part of those gains are due to advancement in diagnostic procedure, introductions of newer research molecules, adapting advance mode of technology in delivering treatment.
Introduction of population-wide mammogram-screening programs have led to an improvement in early detection of the disease in many women.
The concept of breast conservation surgery in early stage of disease has shown similar outcome compare to whole breast removal. So it has helped lots of women with early stage disease not to remove their breast completely and it has got huge psychosocial impact.
The advancement in radation therapy including Intensity modulated radiotherapy, Volumetric arc therapy, Image guided brachytherapy all have helped to maximise the radiation dose confined to the tumor cavity with reducing the toxicity to the surrounding tissue and can be delivered in less period of time. So it has helped to get a maximum result with very good cosmetic outcome without any significant side effects.
There was remarkable advancement in chemotherapy, biological targeted therapy, hormonal therapy as well and all these newer medications are tailored to deal with very specific aspects of the patient's cancer.
We now know that adopting certain lifestyles can affect a woman's chances of keeping cancer at bay. Studies have shown that a low-fat diet and regular exercise can reduce the risk of recurrence and lower the chance of death in women with early-stage cancer."This type of information wasn't available in the past, but these are things that we can now recommend to women as they are going through their cancer journey.


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text:
Cookie Monster robs biscuit factory
A thief dressed as the Sesame Street character sent a ransom note to the Bahlsen biscuit company in Germany
"I have the cookie! And you want it," begins the chilling ransom note sent to the Bahlsen biscuit factory in Hanover, Germany.
Constructed in classic kidnapper style from words cut from newspaper headlines, the note was accompanied by a photo of what appears to be the Cookie Monster from US children's show Sesame Street preparing to take a bite out of the 20kg golden biscuit sign which, until recently, hung proudly outside the company's headquarters.
In the letter, the thief demands that Bahlsen delivers biscuits (preferably its whole-milk range) to a local children's hospital and donates €1,000 to an animal home, according to the Hannoversche Allgemeine Zeitung (HAZ) newspaper, which printed the photos and a copy of the note.
Despite the resemblance in the photo and the claims in the letter, the real Cookie Monster took to Twitter to deny any involvement in the crime and to pledge to help track down the real culprit.
"Me no steal the golden cookie," tweeted Mr Monster from the official Sesame Street account. "But me willing to help find real cookie thief!"
Bahlsen is offering a €1,000 reward for information leading to the biscuit's recovery but has promised to donate 52,000 packs of Leibniz biscuits to social instutions across Germany if it is returned.
In a statement to HAZ, the hospital named in the ransom note said "One cannot forget that what we are dealing with here is a case of theft and blackmail.
"Bahlsen has already done a lot for our hospital – it doesn't need to be coerced in this way."


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Winter Jam is Friday, March 8! It only costs $15 at the door, and it will ROCK! We will be leaving at 3:45 pm on Friday and usually arrive back at the church around midnight. For more information and to find out all the bands that are playing, visit http://2019.jamtour.com/cities/nashville-tn. Concessions are available, but remember that it is Bridgestone Arena pricing!
Sign-ups are now closed. You can contact Jacob to see if there are any open seats on the van.


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The News
During the harvest feast, during the week of the Samhain, Fey was sitting with Conn at dinner with Beli, Donal, Niamh and Gael. After they settled down and spoke of family business, Gael and Niamh began to watch Fey, the elder women began to whisper among themselves that Fey appeared slightly different, a certain… Something.
Fey wore a constant subtle smile for no clear reason, but the older women suspected the truth of it all. They also knew that the men were oblivious to the young wife's movements and attitude.
At the end of dinner, Fey looked at Conn in an odd way as if she had something on her mind to say and took his hand in hers.
Drawing a breath, the young wife spoke. "Conn, I wanted to say this in front of everyone."
Before Conn asked his question of what she was talking about, thinking that he had done something wrong, Fey spoke softly.
"You're going to be a father." His wife, best friend and lover said.
Conn's mother whooped that Fey was pregnant, not waiting for the young man to have the news sink in.
Conn looked at the women folk like they had lost their minds, when Donal and Beli realized what the women were going on about as Donal tapped Beli on the shoulder and whispered a suggestion into the nodding Beli's ear .
Beli and Donal stood up as the women would do nothing but shush the men from talking. Then Beli leaned over to Conn.
"We have lost all control of this conversation, son. Time to abandon ship." Beli said softly to Conn, taking care that younger man followed in the wake of the older men.
After they had left the table with Donal, the men sat at a table under an oak tree by the road. Producing a bottle of a fine whiskey that made Conn's tongue numb after the first drink.
"We need to call a guild meeting and announce this to the men. Otherwise the women will be in charge." Donal told Conn.
"Women are always in charge!" Beli said, laughed and poured more of the potent brew into his mouth. Conn only looked puzzled as his two elders laughed as if they spilled a secret.
Conn wondered how his father could imbibe such strong drink. The whiskey burned his own throat and took his breath away and made his eyes water. Conn coughed and gasped, amusing his elders. The two patriarchs amazed Conn — again. As the elders always had throughout his life. How could they drink such vile stuff?
Soon after, they had set up house and Conn announced to the village of a new addition to the O'Danu clan and, according to tradition, the women of the clan threw a party and the Matriarch of the Clan, Gael O'Danu oversaw the events.
The party was a raucous affair and the house was host for two days of anyone who knew, thought they knew or knew someone who knew of the village. All were welcome while the women giggled and ate the food and delicacies that were laid out while the men of the clan cooked, drank beer, sipped uisce beatha, sang and danced.
It was a party spoke of with fond memories in the years that followed.


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It shouldn't even be a surprise at this point that I've come up with another pasta recipe. But this one is whole wheat spaghetti… that makes it OK, right? I also have a thing for mushroom, though I don't flaunt it as much as my pasta obsession. This creamy mushroom pasta is simple, yet delicious and super easy to customize. You can add all sorts of other veggies, pre-cooked shredded chicken and all sorts of other spices as well. Enjoy!
8 oz (or 1/2 of a box) whole wheat spaghetti
2 tbsp olive oil
2 tbsp butter
5 cloves garlic, minced
2 large hand fulls fresh baby portabella mushrooms, sliced
1 tbsp Italian seasoning
2 tbsp flour
1 1/2 cups milk
salt and pepper, to taste
small bunch fresh parsley, chopped
MTC-8010 or other 20-cup Digital Multicooker with Sauté-then-Simmer STS®; adjust the ingredient amounts for smaller cookers
4-6 servings
Prep Time: 10 minutes
Cook Time: 20 minutes
For the Pasta:
Start by cooking your pasta. Either cook the pasta according to package directions on the stove OR you can do it in your rice cooker. Simply add the needed amount of water, press the Sauté-then-Simmer STS® button to bring it to a boil. Add your pasta, stir, and cook uncovered according to package instructions until done. Whether the pasta is cooked on the stove or in the cooker, strain when it is done and set aside.
For the Mushrooms:
Set your cooker for Sauté-then-Simmer STS®, add the oil and heat briefly. Add about half of the garlic and cook briefly just until it becomes fragrant. Add the mushrooms and any extra oil, if needed. Cook the mushroom for about 10 minutes, stirring with a long-handled wooden or silicone spoon, until they are golden brown and very soft. Scoop them out of the cooker into a bowl and set aside.
For the Sauce:
With the cooker still set for Sauté-then-Simmer STS®, add the butter and let it melt. Add the rest of the garlic and again let it cook just until it's fragrant, about 2 minutes. Add the flour and Italian seasoning, and cook them for a few minutes, stirring constantly to cook out the flour taste. Add the milk slowly, about 1/2 of a cup at a time and whisk as you add it until everything is fully incorporated and smooth each time. Once all of the milk has been added, let it simmer for a few minutes to thicken. Add some salt and pepper to taste.
Add the mushrooms to the sauce in the rice cooker and stir them to combine fully. Add the pasta and stir to coat every noodle with the sauce. If you have rubber serving tongs, this might make it easier to mix in the pasta. Add additional water if needed to keep the sauce from getting too thick. Stir in the parsley just before serving.