AMIRASLAN v. AZERBAIJAN and 2 other applications

Published on 15 July 2024

FIRST SECTION

Application no. 18543/23
Idris AMIRASLAN against Azerbaijan
and 2 other applications
(see list appended)
communicated on 25 June 2024

SUBJECT MATTER OF THE CASE

The applications concern the applicants’ arrests and detentions by police officers for several hours without any documentation when they were participating in peaceful assemblies. Based on these allegations the applicants lodged complaints with the prosecuting authorities which rejected them, finding that the applicants’ arrests and detentions were lawful since they had participated in unauthorised assemblies. The domestic courts also rejected their complaints and upheld the reasoning given by the prosecuting authorities.

The applicants complain under Article 5 § 1 and Articles 11 and 13 of the Convention that their rights to liberty and freedom of peaceful assembly were violated and that they had no effective domestic remedy at their disposal.

QUESTIONS TO THE PARTIES

1.  Were the applicants arrested and deprived of their liberty in breach of Article 5 § 1 of the Convention? In particular, did their deprivation of liberty fall within one of the sub-paragraphs of this provision? Were the applicants’ arrests and detentions in accordance with a procedure “prescribed by law”?

2.  Has there been an interference with the applicants’ freedom of peaceful assembly, within the meaning of Article 11 § 1 of the Convention? If so, was this interference prescribed by law and necessary in terms of Article 11 § 2?

3.  Did the applicants have at their disposal an effective domestic remedy for their complaints under Article 5 of the Convention concerning their deprivation of liberty by the police, as required by Article 13 of the Convention?

4.  Did the applicants have at their disposal an effective domestic remedy for their complaints under Article 11 of the Convention concerning the interference with their right to freedom of peaceful assembly, as required by Article 13 of the Convention?

APPENDIX

List of cases: