Published on 6 April 2021

FIFTH SECTION

Application no. 70109/13 Heyb a t A MRAH against Azerbaijan lodged on 22 October 2013 communicated on 15 March 2021

SUBJECT MATTER OF THE CASE

The present application concerns the applicant ’ s administrative arrest and conviction for the participation in an unauthorised peaceful demonstration. He was sentenced to ten days ’ administrative detention. At the material time, the applicant held a position in the opposition-oriented political party.

The applicant submitted that he did not participate in the alleged demonstration and that he was subject to administrative offence proceedings on account of his affiliation with the opposition. He also submitted that he had not been given access to a lawyer following arrest and while in police custody, and that he could not defend himself through legal assistance of his own choice before the first-instance court. The applicant invokes Articles 5 and 6 of the Convention.

QUESTIONS TO THE PARTIES

1. Was the applicant ’ s arrest in compliance with Article 5 § 1 of the Convention? In particular, was the applicant ’ s administrative arrest in compliance with domestic procedural rules?

2. Did the applicant have a fair and public hearing in the determination of the charges against him, in accordance with Article 6 § 1 of the Convention? Was the applicant able to defend himself, as required by Article 6 § 3 (c) of the Convention? Was the applicant ’ s right to a reasoned judgment respected?

The Government are requested to submit copies of the entire case file from the domestic proceedings.