Communicated on 14 November 2018
FIFTH SECTION
Application no. 21259/17
Nariman Israfil oglu ABBASOGLU
against Azerbaijan
lodged on 13 March 2017
SUBJECT MATTER OF THE CASE
The application concerns the alleged lack of fairness of the criminal proceedings against the applicant who was convicted of illegal possession of weapons, preparation for terrorist attack committed in a group forming an illegal armed organisation, and was sentenced to ten years’ imprisonment.
The applicant complains that his conviction was based on planted evidence.
QUESTIONS tO THE PARTIES
1. Did the applicant have a fair hearing in the determination of the criminal charges against him, in accordance with Article 6 of the Convention (see Bykov v. Russia [GC], no. 4378/02, §§ 89-90, 10 March 2009, and Sakit Zahidov v. Azerbaijan, no. 51164/07, §§ 47-49, 12 November 2015)? In particular:
2. Was the evidence discovered during the search at the applicant’s residence obtained lawfully in terms of domestic law?
3. Was the applicant given the opportunity of challenging the authenticity of the evidence in question and opposing its use during the proceedings?
The parties are requested to produce copies of all relevant search records as well as all other formal records or decisions pertaining to any procedural steps taken in connection with the search carried out at the applicant’s premises on 6 April 2012. The parties are also requested to provide the video recording of the search, if available.
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