BABAYEV v. AZERBAIJAN and 2 other applications
Doc ref: 34015/17;37714/17;57948/17 • ECHR ID: 001-186531
Document date: September 4, 2018
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Communicated on 4 September 2018
FIFTH SECTION
Application no. 34015/17 Sardar Akif oglu BABAYEV against Azerbaijan and 2 other applications (see list appended)
SUBJECT MATTER OF THE CASEs
The applications principally concern the applicants ’ pre-trial detention. The applicants lodged complaints against the court decisions ordering and extending their remand in custody with the domestic courts. The domestic courts dismissed the applicants ’ complaints concerning the alleged lack of justification for their pre-trial detention.
QUESTIONS tO THE PARTIES
1. Were the applicants deprived of their liberty in breach of Article 5 of the Convention? In particular, within which paragraph of Article 5 § 1 of the Convention did the deprivation of liberty of the applicant in application no. 57948/17 fall? Did the domestic courts give sufficient and relevant reasons for the applicants ’ detention for the purposes of Article 5 § 3 of the Convention?
2. Was the procedure by which the applicant in application no. 34015/17 sought to challenge the lawfulness of his pre-trial detention in conformity with Article 5 § 4 of the Convention?
3. Was the applicant in application no. 34015/17 subjected to treatment in breach of Article 3 of the Convention on account of his confinement in a metal cage in the courtroom?
4. Was the presumption of innocence, guaranteed by Article 6 § 2 of the Convention, respected in application no. 34015/17?
5. Has there been an interference with the applicant ’ s right to freedom of religion, within the meaning of Article 9 § 1 of the Convention in application no. 34015/17? If so, was that interference prescribed by law and necessary in terms of Article 9 § 2 of the Convention?
6. Has the applicant in application no. 34015/17 been subjected to a difference in treatment in enjoyment of his rights under Article 9 of the Convention, contrary to Article 14 of the Convention? If so, did that difference in treatment pursue a legitimate aim, and did it have a reasonable justification?
7. Has there been an interference with the applicant ’ s freedom of expression, in particular, his right to impart information and ideas, within the meaning of Article 10 § 1 of the Convention in application no. 34015/17? If so, was that interference prescribed by law and necessary in terms of Article 10 § 2 of the Convention?
8. Has there been an interference with the applicant ’ s freedom of assembly, within the meaning of Article 11 § 1 of the Convention in application no. 34015/17? If so, was that interference prescribed by law and necessary in terms of Article 11 § 2 of the Convention?
APPENDIX
No.
Application no.
Lodged on
Applicant
Date of birth
Place of residence
Represented by
34015/17
02/05/2017
Sardar Akif oglu BABAYEV
12/03/1974
Masalli
Javad JAVADOV
37714/17
18/05/2017
Samir Samandar oglu ALIYEV
20/05/1981
Baku
Zamina ALIYEVA
57948/17
04/08/2017
Mustafa Yashar JEYHAN
10/06/1974
KONYA
Agil LAYIJOV
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