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Case hearing
UGA A/A44/43/1/46/9 · File · 1995/11/22-1997/02/19
Part of Academic

Materials pertaining to the case hearings in the Menteş and others case, including the applicants’ observations on the merits of the application submitted 22 November 1995; the European Court of Human Rights’ press release regarding the 22 January 1997 case hearing in Strasbourg; the layout of the Chamber for the hearing; copies of the applicants’ speech to the Court made by Kevin Boyle on 22 November 1997 (in English with Turkish translation); the verbatim record of the 22 January 1997 hearing; and the further submissions of the applicants with regard to their claims for just satisfaction under Article 50 of the European Convention on Human Rights submitted 19 February 1997.

Case Histories
UGA P/P57/C/3 · Series · 1896-1921
Part of Personal

23 volumes of patients' case histories in Peter Freyer's own handwriting, 1896-1921, giving details of Freyer's private patients, their medical problems and his treatment of them. One volume covers each year except for the first volume and the last 3 volumes which all cover more than 1 year. A case history is normally contained on one page but occasionally continues onto a second page or in another volume. Sometimes 2 short case histories may be on the same page. This is most common in the last 3 volumes. From approximately 1910 cross references are made to previous visits of some patients recorded in earlier volumes. Each volume has its own index of patient surnames and a 24th volume contains an overall index.
The details given for most case histories are as follows: the date(s) of consultation; name, address and age of the patient; symptoms and history of the illness; diagnosis and treatment. In many of the early case histories there are details of the patient's family background. The number of children is given for patients who were parents.
Freyer's private practice peaked in the years 1905-1906, when he was consulted by more than 250 private patients in each year. Most of his patients were men, particularly elderly men, once his reputation as a surgeon dealing with problems of a urinary nature was well established in the early 1900s. However the case histories cover patients of all ages and include men, women and children. Many of his male patients were either army officers or clerics and a considerable number had served in India, for example in June 1910 Freyer operated on Surgeon General Sir Benjamin Franklin, previously Inspector General of Hospitals in Bengal, NWP and the Punjab [1910, p108]. Women tended to consult him about problems associated with menstruation and the menopause. Although other problems also feature, for example in Oct 1907 he performed a mastectomy [1907, p173]. Young boys were circumcised as a medical treatment in the early years and other children were treated for a variety of ailments including Bright's Disease [1903, p124]. Some soldiers who had been at the War Front consulted Freyer during 1916.
As Freyer's reputation grew he was consulted by patients from abroad, such as General José de Paiva Conciero, Marquez d'Avantz of Lisbon and godfather to King Manuel of Portugal [1909, p112] and Sir Pherozeshah Mehta 'the great Indian leader' who died in 1915 [1910, p152]. In 1910 Freyer saw patients from Switzerland, Australia, Columbia, France, India and Bucharest. Some patients were of Irish origin, for example Sir Irving Courtenay, described as a 'a pioneer of the electrical industry' in The Times (24 Oct 1912) [1907, pp 244 and 253]. Other patients were living in Ireland. He was visited by Mrs Cloherty of Galway on 31 July 1908 and also by C Wisdom Hely of Rathgar, Dublin [1914, p158]; the Rev Patrick O'Connell PP of Ovens, Co Cork [1915, p124] and Daniel O'Connell Miley of Ballsbridge, Dublin [1919, p143]. H E Barlow, aged 20, with an address at 47 Ladbroke Gardens, London, was examined by Freyer in Jan 1913 with regard to his fitness for the Irish Constabulary [1913, p3]. Some patients were friends of Freyer's, such as George Valentine Martyn, 38 Cambridge Terrace, London [and of Curraghmore, Ballinrobe, Co Mayo, a member of the Galway Archaeological and Historical Society] with whom Freyer records playing golf in his post operation notes [1910, p240].
Snippets of information about the working or social lives of some patients are occasionally portrayed, for example there is a reference to Lord Pirrie's meeting with Winston Churchill in Belfast on '8th' [Feb 1912], 2 weeks before Lord Pirrie's prostatectomy [1912, p45]. The case history of the well-known horticulturist H J Elwes, FRS, of Cheltenham, recorded in July 1913, reveals that Elwes, when travelling in Germany 5 years earlier, had dined with Count Bismarck. He had also visited Formosa and travelled on the Siberian railway [1913, p116]. The medical problems diagnosed and treated by Freyer were concentrated in the areas of the bladder, kidney, liver and prostate but there are case histories of other ailments such as neurosis, knee sprain, diabetes, haemorrhoids, gallstones and abscesses. The early volumes include many case histories of sexual problems in men. A number of these patients were suffering from the effects of venereal disease, in particular gonorrhoea, which caused a problem known as stricture of the urethra. Freyer treated many patients who had vesical or renal calculus with procedures known as lithotomy and litholapaxy. There are a number of cases of nephrotomy. In 1901 the first cases of the total enucleation of the prostate are recorded. The development of this operation by Freyer established his reputation as a leading surgeon in his field. Many of these case histories were used in his published writings on the subject of prostatectomy and are numbered in red ink. They give details of the operation and of the patient's recovery. Some prostates were sent for laboratory analysis and others were kept as specimens. Parts of these case histories have been underlined or marked by Freyer in blue pencil.
As the years progressed Freyer saw an increasing number of cases of cancer of the bladder and the prostate. For some of these patients it was not possible to remove the prostate as the cancer was invading the surrounding tissue. In June 1914 one patient with this problem was fitted with a urinary apparatus, which drained the bladder. He was seen walking in Hyde Park in Aug 1914 [1916, p1]. Another case requiring the fitting of a urinary apparatus for permanent drainage is recorded in Sept 1918 [1918, p227].
It is evident from the latter case histories that Freyer was becoming more of a consultant and some patients were referred to St Peter's Hospital for treatment. Freyer was also consulted when prostatectomies performed by other doctors resulted in complications. A priest from Co Cork had his prostate removed by a Dr Dun[d]on of Cork in May 1915. Freyer treated him for urinary troubles and records the priest revisiting him in Feb 1916 when he was 'quite well' [1915, p124, 1916, p3]. In Jan 1920 Freyer was visited by Sir Maitland Park, editor of the Cape Times, who was suffering from closure of his prostatic urethra, caused by the removal of his cancerous prostate 3 months earlier. Sir M Park had at one time worked for the Indian newspaper the Pioneer. He died in March 1920 [1920, p17].
Most of Freyer's operations were successful. Occasionally a death is recorded following a prostatectomy, particularly if the patient was overweight or very feeble. On the death of one patient in 1914 [p146] Freyer wrote that it was not fair to blame his prostatectomy as the cause of death, as the patient had had a suprapubic cystostomy performed by another doctor a week before and septicaemia had already set in. Operations were carried out by Freyer in a number of locations, 11 Nottingham Place, is mentioned throughout the case books. Other addresses include St Peter's Hospital, King Edward VII Hospital, 11 Duchess St, 29 Devonshire Place, 14A Wimpole St and 13, 52, 53 Beaumont St. Occasionally a patient was operated on in his own home, for example on 22 Feb 1912 Freyer operated on Lord Pirrie at his London home, 24 Belgrave Sq, and on 29 Dec 1913 he operated on A H Melville at his home in Lincoln [1913, p225].A second named doctor attended at each operation, for example Professor Pye of University College, Galway, was present at an operation on 14 June 1914 with 2 other doctors from Ipswich [1914, p97]. Sometimes the attending doctors were from abroad, for example a French doctor was present at an operation on 5 May 1914 [p43] and an American doctor from Colorado watched an operation on 25 May 1916 [p82]. The name of the anaesthetist is also recorded and in many cases this was C Braine.
Some case histories include pencil diagrams and there are a few illustrations of prostates. Additional documents, such as referral letters from doctors, patients' letters and laboratory reports are pasted in beside the relevant case history. Wilson Stoker of Mayfair wrote to Freyer on 13 Nov 1914 informing him that Sir Arthur Birch, who had had his prostate removed by Freyer the previous February, had left London at the end of June 'after which he drifted into the hands of faith healers and Christian Scientists, partly due to an old standing faith in quacks but more especially with a view of economizing on medical fees' [1914, pp12 and 13]. From 1907 reports of radiograms carried out on various patients by Dr W I Bruce, 10 Chandos St, Cavendish Sq, London, are included. Newspaper cuttings and obituaries are also pasted in. These portray the better known of Freyer's patients. A newspaper cutting from Oct 1909 records the death of G W Moore of the famous Moore and Burgess Minstrels, who had been operated on by Freyer in May 1903. Another cutting records the death of a former patient, Capt Frederick Courtney Selous, famous explorer and big game hunter, who was killed in action in East Africa on 4 Jan 1917 [1911, p87]. There are newspaper obituaries to such persons as Mervyn Herbert Nevil Story-Maskelyne, FRS, Professor of Mineralogy at Oxford (died May 1911) [1904, p27]; Sir Charles Crosthwaite, Lieutenant Governor of the NWP in 1892 (died May 1915) [1905, p267]; Sir William Preece, FRS, 'the pioneer of wireless telegraphy' (died Nov 1913) [1908, p228]; Frank Hugh O'Donnell, who 'was among the best known past members of the Irish Parliamentary Party' (died Nov 1916) [1912, p126].
Many patients who benefited from the effects of a prostatectomy wrote letters expressing their gratitude, often many years after their operation and sometimes on its anniversary. Quotations from some of these letters, written in a different hand and dating back to 1914, have been written in at the end of the relevant case history or at the back of the volume. These quotations show the change the removal of the prostate made to the lives of many of Freyer's elderly patients. Dr H C G Moule, Bishop of Durham, wrote on 21 June 1917, almost 3 years after his operation, of being restored 'to perfect and unvaried physical comfort' [1914, p152]. Other patients sent photographs of themselves, for example Dr T de Valcourt who wrote in 1913, 7 years after his prostatectomy 'By the included photo, you can judge that I am still in very good health' [1906, p282]. There are also pictures, among others, of Dr Debout D'Estrees of Nice, France [1909, p250]; George W Perry, Kings Langley, Herts [1918, p178] and Sir Arthur Hargreaves Brown, bart, of Brown, Shipley and Co [1920, p16].
Dark inky blue volumes, except for the first 2 volumes which are all black in colour, with rather brittle black spines, bought from H J Ryman, manufacturer, 8 and 10 Great Portland St, [London]. Size 19x24x2½. The volumes for the years 1899-1902 and 1905-1907 have been rebound. The spines of the other volumes are rather fragile. All the volumes are embossed on the spine with 'Casebooks of Sir Peter Freyer KCB M CH' and the year. [volumes for 1908-1909, 1920/1921 and the general index need rebinding].

Case Judgements
UGA A/A44/23/7 · Piece · 1983-2005
Part of Academic

Copies of judgements of cases heard at the European Court of Human Rights, including Albert and Lecompte Vs. Belgium; (2 Feb 1983); 'Cases (various) Vs. Italy (27 Feb 1992); Birou Vs. France (27 Feb 1992); Larisses and Others Vs. Greece (22 Sep 1997); Ukrainian Media Group Vs. Ukraine (29 Mar 2005)

Case Law Documents
UGA A/A44/23/3 · Piece · 1971-1983
Part of Academic

Documents from Council of Europe 'Convention for the Protection of Human Rights and Fundamental Freedoms - Case Law Topics - Human Rights in Prison' (1971); "Bringing an Application Before the European Commission of Human Rights" (1972); Document outlining a preamble, aims, methods, membership and other details of the Council of Europe, (n.d.); 'Parliamentary Assembly - Request for an opinion from the Committee of Ministers on draft protocol to the Human Rights Convention extending the list of Civil and Political Rights set forth in the Convention" (7 Feb 1983) and "Human Rights Files - The Presentation of an Application before the European Commission of Human Rights".

Case notes
UGA A/A44/43/1/19/2/1 · Item · 2001-2003
Part of Academic

Typed point-form notes documenting the schedule of submissions made by the applicant to the European Commission of Human Rights in the Buldan case up to 26 April 2001, plus A4 notepad pages, A6 notepad pages, and adhesive Post-It notes with handwritten notes on case logistics and details.

UGA A/A44/43/3/1/1 · Item · 2001/05/31
Part of Academic

Published judgment in the Akdeniz and others case (A44/43/1/1). The Court ruled:
i) by six votes to one that the Government was liable for the death of the eleven missing relatives of the applicants in violation of Article 2 of the Convention;
ii) by six votes to one that there had been a violation of Article 2 of the Convention on account of the failure of the authorities of the respondent State to conduct an effective investigation into the circumstances of the death of the eleven missing men;
iii) by six votes to one that there had been a violation of Article 3 of the Convention in respect of the eleven missing men;
iv) by six votes to one that there had been no violation of Article 3 of the Convention in respect of the applicants;
v) unanimously that there had been a violation of Article 5 § 1 of the Convention;
vi) by six votes to one that there had been a violation of Article 13 of the Convention;
vii) by six votes to one that the State had failed to comply with its obligations under former Article 25 of the Convention.
The applicants were awarded a total of £624,840 sterling in damages.

UGA A/A44/43/3/1/2 · Item · 1996/09/16
Part of Academic

Published judgment in the Akdivar and others case (A44/43/12). The European Court of Human Rights and ruled that the destruction of the houses constituted a violation of Article 8 of the European Convention on Human Rights and Article 1 of Protocol No. 1 of the Convention, but ruled against the applicants on other points with regard to violations of Articles 14 and 18. The full judgment is available for viewing at https://hudoc.echr.coe.int/?i=001-58062

UGA A/A44/43/3/1/3 · Item · 1998/04/01
Part of Academic

3 copies of the judgment in the Akdivar and others case (A44/43/1/2) with regards to Article 50 of the European Convention on Human Rights, including dissenting opinions. The Court ruled by seventeen votes to one that the Protocol did not constitute a legally applicable settlement and thus the Court must consider the applicants’ claims for just satisfaction. The Court also ruled by seventeen votes to one that the respondent State is to pay to the applicants, within three months, the following sums to be converted into Turkish liras at the rate applicable on the date of settlement:
(a) in respect of pecuniary damage:
(i) 6,057 (six thousand and fifty-seven) pounds sterling and 85 (eighty-five) pence to Ahmet Akdivar,
(ii) 7,205 (seven thousand two hundred and five) pounds sterling and 99 (ninety-nine) pence to Ali Akdivar,
(iii) 32,578 (thirty-two thousand five hundred and seventy-eight) pounds sterling and 79 (seventy-nine) pence to Zülfükar Çiçek,
(iv) 16,173 (sixteen thousand one hundred and seventy-three) pounds sterling and 44 (forty-four) pence to Abdurrahman Akdivar,
(v) 14,533 (fourteen thousand five hundred and thirty-three) pounds sterling and 23 (twenty-three) pence to Abdurrahman Aktaş,
(vi) 12,539 (twelve thousand five hundred and thirty-nine) pounds sterling and 36 (thirty-six) pence to Mehmet Karabulut,
(vii) 25,974 (twenty-five thousand nine hundred and seventy-four) pounds sterling and 10 (ten) pence to Ahmet Çiçek;
(b) in respect of non-pecuniary damage the sum of 8,000 (eight thousand) pounds sterling each;
Turkey was to pay to the applicants, within three months, 8,140 (eight thousand one hundred and forty) pounds sterling in respect of costs and expenses together with any value-added tax that may be chargeable.
Full text of the judgment is available to view at https://hudoc.echr.coe.int/?i=001-58152