Communicated on 9 April 2018

FIFTH SECTION

Application no. 66917/11 Kheyrulla Ibrahim Oglu AGAYEV against Azerbaijan lodged on 4 October 2011

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 non-authorised street piquet and deliberate non-compliance with the lawful order of a police officer, and sentenced to seven days ’ administrative arrest.

The applicant complains under Article 6 §§ 1 and 3(c) of the Convention that:

(a) the proceedings against him lacked fairness as the national courts ’ findings were based merely on the administrative-offence report and on the statement of a police officer;

(b) the trial had been held in camera without a court order to that effect; and

(c) he was not given the right to choose his own defence counsel both when questioned by the police and during the trial against him and his corresponding complaint was ignored by the appellate court.

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? In particular, did the domestic courts sufficiently examine the arguments raised by the applicant in his defence (see Gafgaz Mammadov v. Azerbaijan , no. 60259/11 , 15 October 2015; and Huseynli and Others v. Azerbaijan , nos. 67360/11 and 2 others , 11 February 2016) ?

2. Has there been a public hearing in the present case, as required by Article 6 § 1 of the Convention? If not, was the exclusion of the public in the present case “strictly necessary” for one of the purposes authorised by Article 6 § 1 of the Convention ( see Malofeyeva v. Russia , no. 36673/04 , 30 May 2013) ?

3. Was the applicant afforded an opportunity to defend himself through legal assistance of his own choosing, as required by Article 6 § 3 (c) of the Convention? In particular, was the applicant ’ s right to be defended by a lawyer of his own choice restricted during his questioning at the police station and the proceedings in the first-instance court (see Dvorski v. Croatia [GC], no. 25703/11, ECHR 2015)?

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