Communicated on 3 October 2019

FIFTH SECTION

Application no. 71411/17 Rahim Shahkamal oglu VALIYEV against Azerbaijan lodged on 12 September 2017

SUBJECT MATTER OF THE CASE

The application concerns the search of the flat of the applicant, who was a civil society activist, by the police officers and seizure of his laptop and mobile phone which were returned to him later, and alleged unlawfulness of the judicial review proceedings concerning the search.

QUESTIONS TO THE PARTIES

1. Did the applicant have a fair hearing in the determination of his civil rights and obligations, in accordance with Article 6 § 1 of the Convention? In particular, was the principle of equality of arms respected? Was the applicant ’ s right to a reasoned decision respected?

2. Has there been an interference with the applicant ’ s right to respect for his private life and home, as a result of the search carried out by the national authorities, within the meaning of Article 8 § 1 of the Convention? If so, was that interference in accordance with the law and necessary in terms of Article 8 § 2?

3. Has there been an interference with the applicant ’ s freedom of expression, within the meaning of Article 10 § 1 of the Convention, on account of his criticising posts on social networks? If so, was that interference prescribed by law and necessary in terms of Article 10 § 2?

4. Were the restrictions imposed by the State in the present case, purportedly pursuant to Articles 8 and 10 o f the Convention, applied for a purpose other than those envisaged by those provisions, contrary to Article 18 of the Convention?

5. Has there been an interference with the applicant ’ s peaceful enjoyment of possessions, within the mea ning of Article 1 of Protocol No. 1, on account of the seizure of his laptop and mobile phone? If so, was that interference necessary to control the use of property in accordance with the general interest? In particular, did that interference impose an excessive individual burden on the applicant (see Immobiliare Saffi v. Italy , [GC], no. 22774/93 , § 59, ECHR 1999-V)?