Published on 21 June 2021
FIFTH SECTION
Application no. 21324/13
Zaur Araz oglu GURBANLI against Azerbaijan
and 2 other applications
(see list appended)
communicated on 31 May 2021
SUBJECT MATTER OF THE CASES
The present applications concern the alleged unfairness of the domestic proceedings against the applicants who were convicted in summary “administrative” proceedings on charges of failure to comply with a lawful order of a police officer. Additionally, the applicant in application no. 13001/14 (Adiyev v. Azerbaijan) was found guilty of minor hooliganism. The applicants were sentenced to administrative detention varying from three days to fifteen days.
Relying on Article 6 of the Convention, they mainly complain that the administrative proceedings against them fell short of the guarantees of a fair hearing.
QUESTIONS TO THE PARTIES
COMMON QUESTIONS
1. Did the applicants have a fair hearing in the determination of the criminal charges against them, in accordance with Article 6 § 1 of the Convention? Was the applicants’ right to a reasoned judgment respected?
2. The parties are requested to submit copies of all documents relating to the administrative proceedings, including the administrative offence reports and transcripts of the hearings.
CASE SPECIFIC QUESTION IN RESPECT OF APPLICATION NO. 21324/13 (Zaur Gurbanli v. Azerbaijan)
Has there been a public hearing in the present case, as required by Article 6 § 1 of the Convention?
CASE SPECIFIC QUESTION IN RESPECT OF APPLICATIONS NOS. 21324/13 and 13001/14 (Zaur Gurbanli v. Azerbaijan and Adiyev v. Azerbaijan)
Were the applicants provided with the opportunity to defend themselves through effective legal assistance, both after the arrest and during the judicial proceedings, as required by Article 6 §§ 1 and 3 (c) of the Convention?
APPENDIX
List of applications
No.
Application no.
Case name
Lodged on
Applicant
Year of Birth
Place of Residence
Represented by
1.
21324/13
Gurbanli v. Azerbaijan
04/03/2013
Zaur
Araz oglu GURBANLI
1987
Shaki
Ruslan MUSTAFAZADE
Asabali MUSTAFAYEV
2.
13001/14
Adiyev v. Azerbaijan
28/01/2014
Elvin
Azatkhan oglu
ADIYEV
1987
Absheron
Ruslan MUSTAFAZADE
Asabali MUSTAFAYEV
3.
2864/15
Namazov v. Azerbaijan
05/01/2015
Elchin
Yusif oglu NAMAZOV
1978
Baku
Khalid
BAGIROV
Full & Egal Universal Law Academy