Published on 27 September 2021

FIFTH SECTION

Application no. 12058/21 Eldar Humbat oglu HASANOV against Azerbaijan lodged on 19 February 2021 communicated on 9 September 2021

SUBJECT MATTER OF THE CASE

The application concerns the pre-trial detention of the applicant, a former high-ranking State official, in the framework of the criminal proceedings instituted against him in August 2020 under the charges of fraud, embezzlement, legalisation of criminally obtained money or other property, abuse of official power, failure to use State budget funds for their intended purpose, and forgery by an official. The applicant’s appeals against the detention order of 14 August 2020 and subsequent orders on extension of the pre-trial detention, as well as his subsequent requests for release on bail and for transfer to a specialised clinic for medical treatment, were unsuccessful. The applicant’s criminal trial commenced in September 2021.

Relying in particular on Article 3 of the Convention and Article 5 §§ 1 (c), 3 and 4 of the Convention, the applicant complains of the alleged lack of adequate medical treatment in detention, the allegedly unjustified pre-trial detention and the alleged lack of fairness of the proceedings by which the lawfulness of the detention was decided.

QUESTIONS TO THE PARTIES

1. Was the medical treatment provided to the applicant in detention adequate for his health condition and compatible with the requirements of Article 3 of the Convention?

2. Was the applicant deprived of his liberty in breach of Article 5 § 1 of the Convention? In particular, was the deprivation of liberty compatible with the requirements of paragraph (c) of this provision in terms of being lawful and based on a reasonable suspicion?

3. Were the conditions imposed on the applicant to ensure his appearance at the trial in conformity with the requirements of Article 5 § 3 of the Convention?

4. 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?

5. Having regard to the Court’s decisions of 7 May and 22 June 2021 on interim measures, did the alleged delays in compliance with the measures indicated constitute a violation of Article 34 of the Convention (see, for example, Paladi v. Moldova [GC], no. 39806/05, §§ 84 et seq. , 10 March 2009)?

6. The parties are requested to submit copies of any medical records concerning the applicant’s state of health and medical treatment received which have not previously been submitted to the Court. The parties are also requested to submit copies of any relevant documents concerning the applicant’s pre-trial detention and the criminal proceedings against him, which have not been previously submitted to the Court.