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HASANOV v. AZERBAIJAN

Doc ref: 39472/16 • ECHR ID: 001-186533

Document date: September 3, 2018

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HASANOV v. AZERBAIJAN

Doc ref: 39472/16 • ECHR ID: 001-186533

Document date: September 3, 2018

Cited paragraphs only

Communicated on 3 September 2018

FIFTH SECTION

Application no. 39472/16 Nazim Shakur oglu HASANOV against Azerbaijan lodged on 16 June 2016

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 participation in an unauthorised piquet blocking a highway. He was sentenced to one month ’ s administrative arrest.

The applicant complains under Article 6 §§ 1 and 3 (c) of the Convention that he was not given the right to choose his own defence counsel, neither was he provided with assistance of a State-funded lawyer.

QUESTIONS tO THE PARTIES

1. Did the applicant have a fair trial in the criminal proceedings against him, as required under Article 6 § 1 of the Convention?

2. Was the applicant afforded an opportunity to defend himself through legal assistance of his own choosing, as required by Article 6 §§ 1 and 3 (c) of the Convention? In particular, was the applicant ’ s right to be defended by a lawyer of his own choice restricted during the proceedings in the first-instance court (see Gafgaz Mammadov v. Azerbaijan , no. 60259/11 , §§ 88 ‑ 94, 15 October 2015; and Huseynli and Others v. Azerbaijan , nos. 67360/11 and 2 others , §§ 125-134, 11 February 2016) ? Was the assistance of a State-funded lawyer offered to the applicant during the proceedings at the first-instance court?

The Government are requested to submit copies of the entire case file from the domestic proceedings.

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