Communicated on 5 July 2018
FIFTH SECTION
Application no. 30739/17
Ahsan NURUZADE against Azerbaijan
and 5 other applications
(see list appended)
SUBJECT MATTER OF THE CASEs
The applications concern the applicants’ administrative detention and conviction. The domestic courts dismissed the applicants’ complaints of unlawfulness of the administrative offence proceedings against them.
QUESTIONS tO THE PARTIES
1. Were the applicants deprived of their liberty in breach of Article 5 § 1 of the Convention? In particular, was the applicants’ “administrative” arrest in compliance with domestic procedural rules?
2. Were the applicants in applications nos. 30739/17 and 58689/17 informed of the reasons for their detention, as required by Article 5 § 2 of the Convention?
3. Has there been an interference in application no. 30739/17 with the applicant’s rights, under Article 8 § 1 of the Convention, on account of his not having been allowed to contact and to inform his family members promptly of his detention? If so, was that interference in accordance with the law and necessary in terms of Article 8 § 2 of the Convention?
4. Was Article 6 of the Convention under its criminal head applicable to the proceedings in all cases? If so, did all the applicants have a fair hearing in the determination of the charges against them, in accordance with Article 6 § 1 of the Convention? In particular, was the principle of equality of arms respected? Did the applicants have adequate time and facilities to prepare their defence?
5. Were the applicants in applications nos. 30739/17, 57907/17, 58689/17 and 68581/17 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?
6. Has there been an interference with the applicant’s right to freedom of expression, under Article 10 § 1 of the Convention, in application no. 58689/17? If so, was that interference prescribed by law and necessary in terms of Article 10 § 2 of the Convention?
7. Were the restrictions imposed by the State in applications nos. 57907/17 and 58689/17, purportedly pursuant to Article 5 of the Convention, applied for a purpose other than those envisaged by this provision, contrary to Article 18 of the Convention?
APPENDIX
No.
Application no.
Lodged on
Applicant
Date of birth
Place of residence
Represented by
30739/17
01/04/2017
Ahsan Muzaffar oglu NURUZADE
24/09/1976
Baku
Yalchin IMANOV
34814/17
08/05/2017
Elimdar Maharram oglu ISMAYILOV
18/09/1987
Baku
Yalchin IMANOV
34820/17
08/05/2017
Sevda Fatali gizi SULEYMANOVA
17/01/1959
Baku
Yalchin IMANOV
57907/17*
04/08/2017
Khanlar Teymurkhan oglu DADASHOV
15/12/1953
Baku
Agil LAYIJOV
58689/17*
27/07/2017
Rahim Shahkamal oglu VALIYEV
01/12/1992
Baku
Zibeyda SADIGOVA
68581/17*
14/08/2017
Yusif Khudamammad oglu GARAYEV
10/07/1963
Shaki
Nemat KARIMLI
Full & Egal Universal Law Academy