NIKOLOV v. AZERBAIJAN and 7 other applications
Doc ref: 62383/17;71401/17;72002/17;1395/18;6508/18;22365/18;50612/18;53173/18 • ECHR ID: 001-194355
Document date: June 13, 2019
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Communicated on 13 June 2019
FIFTH SECTION
Application no. 62383/17 Georgi Nikolaev NIKOLOV against Azerbaijan and 7 other applications (see list appended)
SUBJECT MATTER OF THE CASE S
The applications mainly concern the travel bans imposed by the domestic authorities on the applicants who were prevented from leaving Azerbaijan. Some applicants also raise complaints under Articles 5, 8, 10 and 18 of the Convention.
QUESTIONS tO THE PARTIES
COMMON QUESTIONS
1. Was any restriction placed on the applicants ’ freedom to leave the territory of the respondent State, as guaranteed by Article 2 § 2 of Protocol No. 4 to the Convention? If so, was that restriction in accordance with the law and necessary in terms of Article 2 § 3 of Protocol No. 4 to the Convention?
2. Did the applicants, except the applicant in application no. 50612/18, have at their disposal an effective domestic remedy for their complaints under Article 2 of Protocol No. 4 to the Convention, as required by Article 13 of the Convention?
CASE SPECIFIC QUESTIONs IN RESPECT OF APPLICATIONs nos. 71401/17 and 72002/17
1. Has there been an interference with the applicants ’ freedom of expression within the meaning of Article 10 § 1 of the Convention? If so, was that interference prescribed by law and necessary in terms of Article 10 § 2 of the Convention?
2. Were the restrictions imposed by the State in the present cases, purportedly pursuant to Article 2 of Protocol No. 4 to the Convention, applied for a purpose other than those envisaged by that provision, contrary to Article 18 of the Convention?
CASE SPECIFIC QUESTION IN RESPECT OF APPLICATION NO. 1395/18
Were the restrictions imposed by the State in the present case, purportedly pursuant to Article 2 of Protocol No. 4 to the Convention, applied for a purpose other than those envisaged by that provision, contrary to Article 18 of the Convention?
CASE SPECIFIC QUESTIONS IN RESPECT OF APPLICATION NO. 50612/18
1. Was the applicant deprived of his liberty in breach of Article 5 § 1 of the Convention? In particular, were the applicant ’ s arrest and detention during approximatively seven hours on 22 June 2017 at the Gazakh District Police Office in compliance with Article 5 § 1 of the Convention?
2. Has there been an interference with the applicant ’ s freedom of expression within the meaning of Article 10 § 1 of the Convention? If so, was that interference prescribed by law and necessary in terms of Article 10 § 2 of the Convention?
CASE SPECIFIC QUESTIONs IN RESPECT OF APPLICATIONs NOS. 22365/18 and 53173/18
1. Has there been an interference with the applicants ’ right to respect for their private life, within the meaning of Article 8 § 1 of the Convention, as a result of the travel ban imposed on them? If so, was that interference in accordance with the law and necessary in terms of Article 8 § 2 of the Convention?
2. Has there been an interference with the applicants ’ freedom of expression within the meaning of Article 10 § 1 of the Convention? If so, was that interference prescribed by law and necessary in terms of Article 10 § 2 of the Convention?
3. Were the restrictions imposed by the State in the present cases, purportedly pursuant to Article 2 of Protocol No. 4 to the Convention, applied for a purpose other than those envisaged by that provision, contrary to Article 18 of the Convention?
APPENDIX
No.
Application no.
Lodged on
Applicant
Date of birth
Place of residence
Represented by
1 .
62383/17
21/08/2017
Georgi Nikolaev NIKOLOV
20/04/1960
Varna
2 .
71401/17
31/08/2017
Mehman Rafig oglu HUSEYNOV
24/11/1989
Baku
Elchin SADIGOV
Zibeyda SADIGOVA
3 .
72002/17
27/09/2017
Tural Rasim oglu ASADOV
22/01/1993
Baku
Zibeyda SADIGOVA
4 .
1395/18
19/12/2017
Salima Rovshan gizi JALILOVA
12/05/1994
Baku
Fariz NAMAZLI
5 .
6508/18
26/12/2017
Sevinj Vagif gizi ABBASOVA
05/07/1989
Baku
Khalid BAGIROV
Ulkar ALIYEVA
6 .
22365/18
09/05/2018
Intigam Kamil oglu ALIYEV
30/11/1962
Absheron
Jessica GAVRON
Philip LEACH
Ramute REMEZAITE
7 .
50612/18
25/10/2018
Kamran Eldeniz oglu MAHMUDOV
16/01/1982
Baku
Alinda VERMEER
Khalid AGALIYEV
8 .
53173/18
26/10/2018
Rasim Garakishi oglu NASIROV
18/02/1960
Baku
Zibeyda SADIGOVA