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ILGAR MAMMADOV v. AZERBAIJAN and 4 other applications
Doc ref: 27390/17;27393/17;55753/17;58948/17;59115/17 • ECHR ID: 001-186330
Document date: August 28, 2018
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ILGAR MAMMADOV v. AZERBAIJAN and 4 other applications
Doc ref: 27390/17;27393/17;55753/17;58948/17;59115/17 • ECHR ID: 001-186330
Document date: August 28, 2018
Cited paragraphs only
Communicated on 28 August 2018
FIFTH SECTION
Application no. 27390/17 Ilgar Mammadali oglu MAMMADOV against Azerbaijan and 4 other applications (see list appended)
SUBJECT MATTER OF THE CASE S
The applications concern the applicants ’ administrative detention and conviction. At the material time a ll applicants were members of one of the opposition parties in Azerbaijan, the Popular Front Party of Azerbaijan. The applicants claimed before the domestic courts, inter alia, that they were subjected to administrative offence proceedings on account of their affiliation with the opposition.
QUESTIONS tO THE PARTIES
1. Were the applicants deprived of their liberty in breach of Article 5 § 1 of the Convention? In particular, was the applicants ’ “administrative” arrest in compliance with domestic procedural rules?
2. Were the applicants informed of the reasons for their detention, as required by Article 5 § 2 of the Convention?
3. Was Article 6 of the Convention under its criminal head applicable to the proceedings in all cases? If so, did all applicants have a fair hearing in the determination of the charges against them, in accordance with Article 6 § 1 of the Convention? In particular, was the principle of equality of arms respected? Did the applicants have adequate time and facilities to prepare their defence? Was the applicants ’ right to a reasoned judgment respected?
4. Were the applicants in applications nos. 27390/17, 27393/17, 58948/17 and 59115/17 provided with the opportunity to defend themselves through effective legal assistance, both after the arrest and during the judicial proceedings, as required by Article 6 §§ 1 and 3 (c) of the Convention?
5. Has there been an interference with the applicants ’ right to freedom of expression, within the meaning of Article 10 § 1 of the Convention, in applications nos. 55753/17, 58948/17 and 59115/17? If so, was that interference prescribed by law and necessary in terms of Article 10 § 2 of the Convention?
6. Were the restrictions imposed by the State in applications nos. 55753/17, 58948/17 and 59115/17, purportedly pursuant to Article 5 of the Convention, applied for a purpose other than those envisaged by those provisions, contrary to Article 18 of the Convention?
ANNEX
No.
Application no.
Lodged on
Applicant
Date of birth
Place of residence
Represented by
27390/17
27/03/2017
Ilgar MAMMADOV
11/12/1975
Shaki
Ruslan MUSTAFAZADE
27393/17
27/03/2017
Amil MAMMADZADE
26/05/1992
Baku
Ruslan MUSTAFAZADE
55753/17
20/07/2017
Islam HASANOV
19/01/1982
Shaki
Ruslan MUSTAFAZADE
58948/17
04/08/2017
Samir HASANOV
18/02/1984
Shaki
Ruslan MUSTAFAZADE
59115/17
04/08/2017
Vasif MUZAFFAROV
20/09/1987
Baku
Ruslan MUSTAFAZADE
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