Communicated on 29 November 2016

FIFTH SECTION

Application no. 14604/08
Mushfig Faig Oglu MAMMADOV and Samir HUSEYNOV
against Azerbaijan
lodged on 7 March 2008

STATEMENT OF FACTS

The applicants, Mr Mushfig Mammadov (the first applicant) and Mr Samir Huseynov (the second applicant), are Azerbaijani nationals who were born in 1983 and 1984 respectively and live in Baku. They are represented before the Court by Mr R. Cook, Ms I. Revazishvilli and Mr R. Kohlhofer, lawyers practising in London, Gardabani (Georgia) and Vienna respectively.

The facts of the case, as submitted by the applicants, may be summarised as follows.

A. The first applicant

The first applicant was baptised as a Jehovah’s Witness on 12 August 2007. He had regularly attended the weekly religious services of Jehovah’s Witnesses in Baku and frequently participated in the public ministry for which Jehovah’s Witnesses are well known.

On 12 July 2005, while studying at university and being temporarily exempted from military service for the period of his studies, the first applicant wrote to the Military Commissioner to request alternative civilian service and exemption from military service on the grounds of conscience and religious beliefs.

In spring 2006 the first applicant received an order to report for military service from the Sabail District Military Commission.

On an unspecified date, the Sabail District Prosecutor’s Office instituted criminal proceedings against the first applicant under Article 321.1 of the Criminal Code (refusal to perform military service).

On 21 July 2006 the Sabail District Court found the first applicant guilty and gave him a six-month suspended prison sentence.

On 15 August 2006 the first applicant lodged an appeal against that judgment. In particular, relying on the Constitution, the applicant submitted that as a conscientious objector he had legitimate grounds to refuse to perform military service and that his actions had not constituted a criminal act.

On 25 September 2006 the Court of Appeal dismissed the appeal and upheld the judgment of the first-instance court.

On 1 December 2006 the first applicant lodged a cassation appeal against the appellate court’s decision.

On 3 April 2007 the Supreme Court upheld the Court of Appeal’s judgment of 25 September 2006.

On 3 September 2007 the first applicant sent a letter to the Chairman of the Supreme Court requesting a copy of the Supreme Court’s decision.

On 16 January 2008 the Supreme Court sent a letter to the first applicant with a copy of the judgment of 3 April 2007. The letter stated that two similar letters had been sent to the applicant previously, particularly on 12 September 2007 and 17 September 2007, and had contained copies of the judgment.

On 7 March 2008 the first applicant submitted his complaint to the Court.

On 5 June 2008 the Sabail District Prosecutor’s Office again instituted criminal proceedings against the first applicant under Article 321.1 of the Criminal Code.

On 20 August 2009 the first applicant was arrested and brought before the Sabail District Court, which ordered his detention for two months.

On 16 October 2009 the Sabail District Court found the first applicant guilty and fined him 250 Azerbaijani manats (approximately 230 euros at the time). The applicant was released in the courtr