Communicated on 6 September 2018

FIFTH SECTION

Application no. 64427/17 Gadir Fizuli oglu AGAKISHIYEV against Azerbaijan lodged on 21 August 2017

SUBJECT MATTER OF THE CASE

The application concerns the alleged lack of fairness of the criminal proceedings against the applicant who was convicted in summary “administrative” proceedings on charges of failure to comply with a lawful order of a police officer and sentenced to one month ’ s administrative detention.

The applicant complains under Article 5 § 1 of the Convention that his arrest and one month ’ s administrative detention were arbitrary since he had not disobeyed any order of a police officer.

He further complains under Article 6 § 1 of the Convention that the courts based their findings merely on the administrative-offence report and on the statement of a police officer who had been the sole witness questioned at the first ‑ instance hearing, failing thereby to sufficiently reason their decisions.

QUESTIONS tO THE PARTIES

1. Was the applicant deprived of his liberty in breach of Article 5 § 1 of the Convention? In particular, was the applicant ’ s “administrative” detention in compliance with domestic procedural rules (see Huseynli and Others v. Azerbaijan , nos. 67360/11 and 2 others , §§ 142-149 , 11 February 2016) ?

2. Did the applicant have a fair and public hearing in the determination of the charge against him, in accordance with Article 6 § 1 of the Convention? In particular, were the applicant ’ s arguments sufficiently examined by the domestic courts and did they provide adequate reasons for their findings (see Gafgaz Mammadov v. Azerbaijan , no. 60259/11 , §§ 83 ‑ 87, 15 October 2015 and Huseynli and Others v. Azerbaijan , nos. 67360/11 and 2 others , §§ 119-124, 11 February 2016) ?

3. The Government are requested to submit copies of all documents relating to the administrative proceeding, including the administrative offence report and the transcripts of the hearings.