Published on 4 November 2024
FIRST SECTION
Application no. 9914/18
Gachay SALAMOV
against Azerbaijan
lodged on 16 February 2018
communicated on 14 October 2024
SUBJECT MATTER OF THE CASE
The application concerns alleged ill-treatment of the applicant by police officers during his arrest and detention, lack of effective investigation into his complaints of ill-treatment and unfairness of criminal proceedings against him. By a final decision of 25 July 2017 (served on the applicant on 21 August 2017), the Supreme Court upheld the lower courts’ judgments convicting the applicant of theft. By a final decision of 8 December 2017, the appellate court upheld the prosecuting authority’s decision to refuse to open criminal proceedings in connection with the alleged ill-treatment.
The applicant complains under Article 3 of the Convention that he was beaten and humiliated by the police in order to extract self‑incriminating statements from him and that the domestic authorities failed to conduct an effective investigation in that regard. He also complains under Article 6 of the Convention that his conviction was based on unlawful evidence and that the criminal proceedings against him were in breach of his rights to a reasoned decision and to an effective opportunity to contest the evidence against him.
QUESTIONS TO THE PARTIES
1. Has the applicant been subjected to inhuman or degrading treatment, in breach of Article 3 of the Convention?
2. Having regard to the procedural protection from inhuman or degrading treatment (see paragraph 131 of Labita v. Italy [GC], no. 26772/95, ECHR 2000-IV), was the investigation in the present case by the domestic authorities in breach of Article 3 of the Convention?
3. Did the applicant have a fair hearing in the determination of the criminal charges against him, in accordance with Article 6 § 1 of the Convention? In particular, was the applicant’s right to a reasoned decision respected? Was the applicant afforded an adequate opportunity to contest the evidence against him, to adduce evidence in support of his line of defence and to have such evidence assessed by the court?
The parties are requested to provide necessary documentary evidence in support of their replies and submissions, including copies of the transcripts of the court hearings and the applicant’s appeals and requests.