Published on 21 June 2021

FIFTH SECTION

Application no. 71833/13 U lvi NURIYEV against Azerbaijan and 2 other applications (see list appended) communicated on 1 June 2021

SUBJECT MATTER OF THE CASE S

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

U lvi

Ravil oglu

NURIYEV 1989 Masalli

Ruslan MUSTAFAZADE

Asabali MUSTAFAYEV

2.

71845/13

Salahov v. Azerbaijan

24/10/2013

J o shg un

Vidadi oglu

SALAHOV 1982 Sumqay i t

Ruslan MUSTAFAZADE

Asabali MUSTAFAYEV

3.

71846/13

Karimli v. Azerbaijan

24/10/2013

T u rkel

Ali oglu

K A RIMLI 1993 Baku

Ruslan MUSTAFAZADE

Asabali MUSTAFAYEV

APPENDIX

List of cases