Published on 21 June 2021
FIFTH SECTION
Application no. 71833/13
Ulvi NURIYEV against Azerbaijan
and 2 other applications
(see list appended)
communicated on 1 June 2021
SUBJECT MATTER OF THE CASES
The present three applications concern the applicants’ administrative arrest, detention and conviction allegedly aiming to punish them for having participated in an authorised peaceful demonstration organized by a presidential candidate of the opposition on 22 September 2013. They were arrested for damaging the placards of the presidential candidates and for disobeying the lawful orders of police officers. They were found guilty under Article 310 (deliberate failure to comply with the lawful order of a police officer) of the Code of Administrative Offences and were sentenced to an administrative detention varying from twenty-five to thirty days.
The applicants complained that their arrest and conviction had been an unlawful interference with their right to freedom of assembly under Article 11 of the Convention and contrary to the guarantees of Articles 5 and 6 of the Convention.
QUESTIONS TO THE PARTIES
1. Were the applicants arrested and detained in breach of Article 5 § 1 of the Convention? In particular, were the applicants’ “administrative” arrest and detention in compliance with domestic procedural rules?
2. Did the applicants have a fair hearing in the determination of the charges against them, in accordance with Article 6 § 1 of the Convention? Has there been a public hearing in the present cases, as required by Article 6 § 1 of the Convention? Was the applicants’ right to a reasoned judgment respected? Were the applicants able to defend themselves through legal assistance of their own choosing, as required by Article 6 § 3 (c) of the Convention?
3. Has there been an interference with the applicants’ freedom of peaceful assembly, within the meaning of Article 11 § 1 of the Convention? If so, was that interference prescribed by law and necessary, in terms of Article 11 § 2?
4. 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.
No.
Application no.
Case name
Lodged on
Applicant
Year of Birth
Place of Residence
Represented by
1.
71833/13
Nuriyev v. Azerbaijan
24/10/2013
Ulvi
Ravil oglu
NURIYEV
1989
Masalli
Ruslan MUSTAFAZADE
Asabali MUSTAFAYEV
2.
71845/13
Salahov v. Azerbaijan
24/10/2013
Joshgun
Vidadi oglu
SALAHOV
1982
Sumqayit
Ruslan MUSTAFAZADE
Asabali MUSTAFAYEV
3.
71846/13
Karimli v. Azerbaijan
24/10/2013
Turkel
Ali oglu
KARIMLI
1993
Baku
Ruslan MUSTAFAZADE
Asabali MUSTAFAYEV
APPENDIX
List of cases
Full & Egal Universal Law Academy