Communicated on 23 September 2019
FIFTH SECTION
Application no. 74009/16
Fuad Ali oglu GAHRAMANLI
against Azerbaijan
lodged on 30 November 2016
SUBJECT MATTER OF THE CASE
The applicant is deputy chairman of the Popular Front Party. He stood as a candidate in the parliamentary elections of 7 November 2010 (see Gahramanli and Others v. Azerbaijan, no. 36503/11, 8 October 2015). The present application concerns his arrest and detention on account of his Facebook posts, which were found by the authorities as containing incitement to hostility and calls to overthrow the government violently.
QUESTIONS TO THE PARTIES
1. Was the applicant deprived of his liberty in breach of Article 5 § 1 of the Convention? In particular, was the applicant’s detention compatible with Article 5 § 1 (c) in terms of being justified and based on a reasonable suspicion?
2. Did the domestic courts give sufficient and relevant reasons for the applicant’s detention for the purposes of Article 5 § 3 of the Convention?
3. Did the applicant have at his disposal an effective procedure by which he could challenge the lawfulness of his detention, as required by Article 5 § 4 of the Convention?
4. Was the presumption of innocence, guaranteed by Article 6 § 2 of the Convention, respected in the present case?
5. Has there been an interference with the applicant’s freedom of expression, within the meaning of Article 10 § 1 of the Convention? If so, was that interference prescribed by law and necessary in terms of Article 10 § 2 of the Convention?
Full & Egal Universal Law Academy