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GURBANLI v. AZERBAIJAN and 2 other applications

Doc ref: 21324/13;13001/14;2864/15 • ECHR ID: 001-210778

Document date: May 31, 2021

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GURBANLI v. AZERBAIJAN and 2 other applications

Doc ref: 21324/13;13001/14;2864/15 • ECHR ID: 001-210778

Document date: May 31, 2021

Cited paragraphs only

Published on 2 1 June 2021

FIFTH SECTION

Application no. 21324/13 Zaur Araz oglu GURBANLI against Azerbaijan and 2 other applications (see list appended) communicated on 31 May 2021

SUBJECT MATTER OF THE CASE S

The present applications concern the alleged unfairness of the domestic proceedings against the applicants who were convicted in summary “administrative” proceedings on charges of failure to comply with a lawful order of a police officer. Additionally, the applicant in application no. 13001/14 ( Adiyev v. Azerbaijan ) was found guilty of minor hooliganism. The applicants were sentenced to administrative detention varying from three days to fifteen days.

Relying on Article 6 of the Convention, they mainly complain that the administrative proceedings against them fell short of the guarantees of a fair hearing.

QUESTIONS TO THE PARTIES

COMMON QUESTIONS

1. Did the applicants have a fair hearing in the determination of the criminal charges against them, in accordance with Article 6 § 1 of the Convention? Was the applicants ’ right to a reasoned judgment respected?

2. 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.

CASE SPECIFIC QUESTION IN RESPECT OF APPLICATION NO. 21324/13 ( Zaur Gurbanli v. Azerbaijan )

Has there been a public hearing in the present case, as required by Article 6 § 1 of the Convention?

CASE SPECIFIC QUESTION IN RESPECT OF APPLICATIONS NOS. 21324/13 and 13001/14 ( Zaur Gurbanli v. Azerbaijan and Adiyev v. Azerbaijan)

Were the applicants 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?

APPENDIX

List of applications

No.

Application no.

Case name

Lodged on

Applicant Year of Birth Place of Residence

Represented by

21324/13

Gurbanli v. Azerbaijan

04/03/2013

Zaur

Araz oglu GURBANLI 1987 Shaki

Ruslan MUSTAFAZADE

Asabali MUSTAFAYEV

13001/14

Adiyev v. Azerbaijan

28/01/2014

Elvin

Azatkhan oglu

ADIYEV 1987 Absheron

Ruslan MUSTAFAZADE

Asabali MUSTAFAYEV

2864/15

Namazov v. Azerbaijan

05/01/2015

Elchin

Yusif oglu NAMAZOV 1978 Baku

Khalid

BAGIROV

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