Published on 19 May 2025
THIRD SECTION
Application no. 2865/24
Emin IBRAHIMOV against Azerbaijan
and 2 other applications
(see list appended)
communicated on 29 April 2025
SUBJECT MATTER OF THE CASE
The applications concern separate sets of administrative proceedings brought by the prosecution authorities against the applicants for allegedly breaching Article 388-1.1.1 (dissemination on the internet of information restricted by law) of the Code on Administrative Offences.
The domestic courts, referring to administrative-offence reports issued by the prosecution authorities, held that the applicants had published inappropriate posts and imparted restricted information on Facebook and Twitter about operations of the Azerbaijani military forces, and sentenced each applicant to thirty days’ administrative detention.
Relying on Article 10 of the Convention, the applicants complain of a violation of their right to freedom of expression. The applicant in application no. 2865/24 also complains of the alleged unfairness of the domestic proceedings.
QUESTIONS TO THE PARTIES
Common question
1. Has there been an interference with the applicants’ freedom of expression, within the meaning of Article 10 § 1 of the Convention? If so, was the interference prescribed by law and necessary in terms of Article 10 § 2 in pursuit of a legitimate aim? Were the sanctions imposed on the applicants proportionate to the aims pursued?
The parties are invited to provide copies of all documents relating to the administrative proceedings, which are not already in the case file, and a translation into English or French of the allegedly restricted information which the applicants disseminated on social media.
Case-specific question
(Application no. 2865/24)
2. Did the applicant have a fair hearing in the determination of the criminal charges against him, in accordance with Article 6 § 1 of the Convention? In particular, was the applicant’s right to a reasoned decision respected?
APPENDIX
No.
Application no.
Case name
Lodged on
Applicant
Year of Birth
Place of Residence
Nationality
Represented by
1.
2865/24
Ibrahimov v. Azerbaijan
23/01/2024
Emin Shaig oglu IBRAHIMOV
1981
Baku
Azerbaijani
Samad RAHIMLI
2.
3755/24
Tahmazov v. Azerbaijan
30/12/2023
Amrah Amrah oglu TAHMAZOV
1989
Barda
Azerbaijani
Elchin SADIGOV
3.
3757/24
Gahramanli v. Azerbaijan
30/12/2023
Nurlan Ramiz oglu GAHRAMANLI
1997
Sumgayit
Azerbaijani
Elchin SADIGOV