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NURUZADE v. AZERBAIJAN and 5 other applications

Doc ref: 30739/17;34814/17;34820/17;57907/17;58689/17;68581/17 • ECHR ID: 001-185208

Document date: July 5, 2018

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NURUZADE v. AZERBAIJAN and 5 other applications

Doc ref: 30739/17;34814/17;34820/17;57907/17;58689/17;68581/17 • ECHR ID: 001-185208

Document date: July 5, 2018

Cited paragraphs only

Communicated on 5 July 2018

FIFTH SECTION

Application no. 30739/17 Ahsan NURUZADE against Azerbaijan and 5 other applications (see list appended)

SUBJECT MATTER OF THE CASE s

The applications concern the applicants ’ administrative detention and conviction. The domestic courts dismissed the applicants ’ complaints of unlawfulness of the administrative offence proceedings against them.

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 in applications nos. 30739/17 and 58689/17 informed of the reasons for their detention, as required by Article 5 § 2 of the Convention?

3. Has there been an interference in application no. 30739/17 with the applicant ’ s rights, under Article 8 § 1 of the Convention, on account of his not having been allowed to contact and to inform his family members promptly of his detention? If so, was that interference in accordance with the law and necessary in terms of Article 8 § 2 of the Convention?

4. Was Article 6 of the Convention under its criminal head applicable to the proceedings in all cases? If so, did all the applicants have a fair hearing in the determination of the charges against t hem, 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 a nd facilities to prepare their defence?

5. Were the applicants in applications nos. 30739/17, 57907/17, 58689/17 and 68581/17 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?

6. Has there been an interference with the applicant ’ s right to freedom of expression, under Article 10 § 1 of the Convention, in application no. 58689/17? If so, was that interference prescribed by law and necessary in terms of Article 10 § 2 of the Convention?

7. Were the restrictions imposed by the State in applications nos. 57907/17 and 58689/17, purportedly pursuant to Article 5 of the Convention, applied for a purpose other than those envisaged by this provision, contrary to Article 18 of the Convention?

APPENDIX

No.

Application no.

Lodged on

Applicant

Date of birth

Place of residence

Represented by

30739/17

01/04/2017

Ahsan Muzaffar oglu NURUZADE

24/09/1976

Baku

Yalchin IMANOV

34814/17

08/05/2017

Elimdar Maharram oglu ISMAYILOV

18/09/1987

Baku

Yalchin IMANOV

34820/17

08/05/2017

Sevda Fatali gizi SULEYMANOVA

17/01/1959

Baku

Yalchin IMANOV

57907/17 *

04/08/2017

Khanlar Teymurkhan oglu DADASHOV

15/12/1953

Baku

Agil LAYIJOV

58689/17 *

27/07/2017

Rahim Shahkamal oglu VALIYEV

01/12/1992

Baku

Zibeyda SADIGOVA

68581/17 *

14/08/2017

Yusif Khudamammad oglu GARAYEV

10/07/1963

Shaki

Nemat KARIMLI

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