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RAMAZANOV v. AZERBAIJAN

Doc ref: 53596/15 • ECHR ID: 001-192838

Document date: April 3, 2019

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RAMAZANOV v. AZERBAIJAN

Doc ref: 53596/15 • ECHR ID: 001-192838

Document date: April 3, 2019

Cited paragraphs only

Communicated on 3 April 2019

FIFTH SECTION

Application no. 53596/15 Rashad Agaddin oglu RAMAZANOV against Azerbaijan lodged on 16 October 2015

SUBJECT MATTER OF THE CASE

The application concerns the applicant ’ s conviction for illegal possession of drugs with intent to sell on the basis of allegedly unlawfully “planted” evidence. The applicant alleges that his trial was conducted without the guarantees provided by Article 6 of the Convention . .

QUESTIONS TO THE PARTIES

1. Did the applicant have a fair hearing in the determination of the criminal charge against him, in accordance with Article 6 § 1 of the Convention? In particular:

(a) Was the applicant ’ s conviction based on unlawfully obtained evidence?

(b) Was the applicant provided with legal assistance from the moment of his arrest? If so, was his lawyer present during the search conducted on the applicant ’ s person?

(c) Was the applicant ’ s body search in accordance with domestic law? Was the applicant ’ s body search filmed?

(d) What was the reason for the applicant ’ s arrest and on suspicion of what he was subjected to the body search?

(e) Was any investigation carried out in order to identify the individuals from whom the applicant had allegedly bought the narcotic substances or to whom he would allegedly sell them (see Sakit Zahidov v. Azerbaijan , no. 51164/07, § 30, 12 November 2015)?

2. The Government are requested to submit copies of all documents relating to the criminal proceedings (transcripts of statements, expert opinions, search records, search video (if available), and so on) instituted against the applicant.

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