Communicated on 17 April 2018
FIFTH SECTION
Application no. 8023/11
Elchin Gurbanali oglu MAMMADOV
against Azerbaijan
lodged on 21 January 2011
SUBJECT MATTER OF THE CASE
The application concerns the alleged lack of fairness of the criminal proceedings against the applicant who was convicted of high treason and violation of a combat duty jeopardising the State security and sentenced to twelve years’ imprisonment.
Relying on Article 13 of the Convention the applicant complains that he was deprived of legal assistance at the initial stages of the pre-trial investigation. In particular, he alleges that for the most part of the pre-trial investigation he had a witness status and that his numerous requests to be provided legal assistance were rejected by the investigating officer.
QUESTIONS tO THE PARTIES
1. Did the applicant have a fair trial in the criminal proceedings against him, as required under Article 6 § 1 of the Convention? In particular, was the applicant afforded legal assistance as required under Article 6 § 3 (c) of the Convention?
2. Taking into account the applicant’s allegations of denial of legal assistance during the pre-trial investigation, the Government are requested to produce copies of the records of the investigation actions with the applicant’s participation (i.e. records of interrogations, on-site examination, etc.) carried out between 13 November 2008 and 13 January 2009.
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