Published on 11 August 2025
THIRD SECTION
Application no. 3103/19
Ruslan NASIROV
against Azerbaijan
communicated on 22 July 2025
SUBJECT MATTER OF THE CASE
The applicant was a member of an opposition party. The application concerns his arrest and detention and the restrictions imposed by the prosecuting authorities on his contacts with persons other than his lawyer while detained in a pre-trial detention facility.
In May 2018 the applicant was arrested and charged with aggravated illegal entrepreneurship and aggravated laundering of money or other assets under Articles 192.3.2, 193-1.3.1 and 193-1.3.2 of the Criminal Code. The Nasimi District Court ordered the applicant’s pre-trial detention which was subsequently extended twice. The Baku Court of Appeal upheld the first‑instance court’s decisions ordering and extending the applicant’s detention.
On 26 May 2018 the Prosecutor General’s Office and the Ministry of Internal Affairs made a public statement about the institution of criminal proceedings against the applicant. It was noted in the joint statement that sufficient evidence about the applicant’s involvement in laundering of money obtained through illegal entrepreneurship had been collected.
On 16 August 2018 the investigator in charge of the case decided to restrict the applicant’s right to visits, telephone conversations and correspondence with persons other than his lawyer. Additionally, restrictions were imposed on the applicant’s use of the internet and social networks, as well as his right to receive newspapers. Following a series of appeals by the applicant, by a final decision of 12 November 2018, the Baku Court of Appeal held that the investigator’s decision of 16 August 2018 was lawful and justified.
By a judgment of 27 February 2019 of the Baku Court of Serious Crimes, the applicant was convicted as charged and sentenced to seven and a half years’ imprisonment with a three years’ ban on holding public office. Following a series of appeals, by a final decision of 25 September 2019, the Supreme Court upheld the lower courts’ judgments.
Relying on Article 5 §§ 1, 3 and 4 of the Convention, the applicant complains that there was no reasonable suspicion that he had committed a criminal offence, that the domestic courts failed to provide relevant and sufficient reasons for his continued detention and that he was not afforded an effective judicial review of the lawfulness of his detention.
Relying on Article 6 § 2 of the Convention, he complains that the public statement made by the law-enforcement authorities amounted to an infringement of his right to the presumption of innocence.
He also complains under Article 8 of the Convention that the restrictions imposed on him by the prosecuting authorities while he was detained were unjustified.
Relying on Article 18 of the Convention, the applicant complains that his rights under Article 5 of the Convention were restricted for an ulterior purpose, in particular to punish him for his political activity and his work at the opposition party.
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 (see Rasul Jafarov v. Azerbaijan, no. 69981/14, §§ 114-18, 17 March 2016)?
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? Did they consider alternative measures to his continued detention (see Farhad Aliyev v. Azerbaijan, no. 37138/06, §§ 184-87, 9 November 2010)?
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 (see Farhad Aliyev, §§ 203-04, and Rasul Jafarov, §§ 140-42, both cited above)?
4. Was the presumption of innocence, guaranteed by Article 6 § 2 of the Convention, respected in the present case? In particular, did the joint public statement made on 26 May 2018 by the Prosecutor General’s Office and the Ministry of Internal Affairs amount to an infringement of the applicant’s right to the presumption of innocence (see Muradverdiyev v. Azerbaijan, no. 16966/06, §§ 102-04, 9 December 2010)?
5. Has there been an interference with the applicant’s right to respect for his private and family life or correspondence, within the meaning of Article 8 § 1 of the Convention, on account of the restrictions ordered while he was in detention? If so, was that interference in accordance with the law and necessary in terms of Article 8 § 2 (see Mirgadirov v. Azerbaijan and Turkey, no. 62775/14, §§ 115-25, 17 September 2020)?
6. Were the restrictions imposed by the State in the present case, purportedly permitted under Article 5 of the Convention, applied for a purpose other than those envisaged by that provision, contrary to Article 18 of the Convention (see Mirgadirov, cited above, § 131-32, with further references)?
In support of their submissions, the parties are requested to provide any necessary documentary evidence which has not been previously submitted to the Court.