Published on 30 March 2026
THIRD SECTION
Application no. 36194/24
Arif HASANOV
against Azerbaijan
lodged on 22 November 2024
communicated on 13 March 2026
SUBJECT MATTER OF THE CASE
The present case concerns the length of the criminal proceedings against the applicant and the continued application of the preventive measure of placing him under police supervision by the domestic authorities within the framework of those proceedings.
The criminal proceedings against the applicant were instituted under Article 178.3.2 (fraud causing significant damage), and on 3 November 2015, a preventive measure of remand in custody was applied to the applicant. On 21 October 2016 the applicant was released from detention, and the investigator applied the preventive measure of placing him under police supervision. Since then, no investigative actions have been conducted against him. The applicant complains under Article 6 § 1 of the Convention about the excessive length of the criminal proceedings and under Article 2 of Protocol No. 4 to the Convention about the preventive measure placing him under police supervision, which prevented him from leaving Azerbaijan.
QUESTIONS TO THE PARTIES
1. Was the length of the criminal proceedings in the present case in breach of the “reasonable time” requirement of Article 6 § 1 of the Convention (see Hajibeyli v. Azerbaijan, no. 16528/05, §§ 48-57, 10 July 2008)?
2. Was any restriction placed on the applicant’s freedom to leave the territory of the respondent State, as guaranteed by Article 2 § 2 of Protocol No. 4 to the Convention? If so, was that restriction in accordance with the law and necessary in terms of Article 2 § 3 of Protocol No. 4 to the Convention (see Hajibeyli, cited above, §§ 58-69)?