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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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BABAYEV v. AZERBAIJAN and 2 other applications

Doc ref: 34015/17;37714/17;57948/17 • ECHR ID: 001-186531

Document date: September 4, 2018

Cited paragraphs only

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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