Communicated on 26 August 2020
Published on 14 September 2020
FIFTH SECTION
Application no. 81009/17
Vasif Agabala oglu GULIYEV against Azerbaijan
and 9 other applications
(see list appended)
SUBJECT MATTER OF THE CASES
The applicants were followers of the late Turkish Muslim theologian Said Nursi. The application concerns their allegedly unlawful arrest and detention, the alleged unlawful interference with their freedom of religion and the alleged unfairness of the administrative proceedings against them concerning fines for violating the legislative rules on organising and holding religious meetings.
The applicants complain that they were unlawfully arrested and detained by the police for approximately twelve hours.
They further complain that they were not provided with adequate time for the preparation of their defence and did not have recourse to legal assistance of their own choosing both before and during the trial.
They also complain that the domestic courts unreasonably restricted their entitlement to a public hearing and their decisions lacked adequate reasoning.
The applicants furthermore complain that their administrative conviction amounted to an unlawful interference of the domestic authorities with their right to freedom of religion.
QUESTIONS TO THE PARTIES
1. Were the applicants deprived of their liberty in breach of Article 5 § 1 of the Convention? Were detention records (İnzibati tutma haqqında protocol) compiled? If they were, the Government are requested to submit copies, as well as any other documents relating to the applicants’ detention.
2. Did the applicants have a fair trial in the criminal proceedings against them, as required under Article 6 § 1 of the Convention?
3. Were they afforded an opportunity to defend themselves through legal assistance of their own choosing, as required by Article 6 § 3 (c) of the Convention? In particular, was their right to be defended by a lawyer of own choice restricted during questioning at the police station and the proceedings in the first-instance court?
4. Did the exclusion of the public in the present case pursue one of the legitimate aims enumerated in the second sentence of Article 6 § 1 and was it “strictly necessary” within the meaning of this provision?
5. Has there been an interference with the applicants’ freedom of religion within the meaning of Article 9 § 1 of the Convention? If so, was that interference prescribed by law and necessary in terms of Article 9 § 2 of the Convention?
APPENDIX
Nos.
Applications nos.
Case name
Lodged on
Applicant
Year of Birth
Place of Residence
Nationality
Represented by
1.
81005/17
Rzamov v. Azerbaijan
04/11/2017
Sarvat Rajab oglu RZAMOV
1987
Guba
Azerbaijani
Ruslan Asabali oglu MUSTAFAZADE
2.
81009/17
Guliyev v. Azerbaijan
06/11/2017
Vasif Agabala oglu GULIYEV
1974
Jalilabad
Azerbaijani
Ruslan Asabali oglu MUSTAFAZADE
3.
81024/17
Gasimov v. Azerbaijan
16/11/2017
Azad Rustam oglu GASIMOV
1978
Guba
Azerbaijani
Ruslan Asabali oglu MUSTAFAZADE
4.
81043/17
Khanlayev v. Azerbaijan
16/11/2017
Fakhraddin Nasraddin oglu KHANLAYEV
1967
Baku
Azerbaijani
Ruslan Asabali oglu MUSTAFAZADE
5.
81049/17
Elmar Aliyev v. Azerbaijan
06/11/2017
Elmar Akbar oglu ALIYEV
1969
Guba
Azerbaijani
Ruslan Asabali oglu MUSTAFAZADE
6.
81051/17
Shikhmammadov v. Azerbaijan
04/11/2017
Khaspulad Balahmad oglu SHIKHMAMMADOV
1963
Guba
Azerbaijani
Ruslan Asabali oglu MUSTAFAZADE
7.
81083/17
Seyfalov v. Azerbaijan
07/11/2017
Sakhavat Agali oglu SEYFALOV
1983
Guba
Azerbaijani
Ruslan Asabali oglu MUSTAFAZADE
8.
81084/17
Amrahov v. Azerbaijan
06/11/2017
Natig Kamil oglu AMRAHOV
1966
Guba
Azerbaijani
Ruslan Asabali oglu MUSTAFAZADE
9.
81088/17
Badirkhanov v. Azerbaijan
16/11/2017
Akram Nazim oglu BADIRKHANOV
1960
Guba
Azerbaijani
Ruslan Asabali oglu MUSTAFAZADE
10.
81095/17
Gulaliyev v. Azerbaijan
04/11/2017
Lutfaddin Valeh oglu GULALIYEV
1959
Guba
Azerbaijani
Ruslan Asabali oglu MUSTAFAZADE
Full & Egal Universal Law Academy