Communicated on 12 March 2018

FIFTH SECTION

Application no. 46446/15 Jeyhun JAFAROV against Azerbaijan lodged on 15 October 2015

STATEMENT OF FACTS

The applicant, Mr Jeyhun Jafarov , is an Azerbaijani national, who was born in 1972 and is detained in Baku. He is repres ented before the Court by Mr J. Javadov , a lawyer practising in Azerbaijan.

The facts of the case, as submitted by the applicant, may be summarised as follows.

The applicant is a Shia Muslim theologian and translator of religious literature.

On 10 March 2015 the applicant was invited to the Ministry of National Security and arrested at its premises.

On 12 March 2015 he was charged under Article 274 of the Criminal Code (high treason). The applicant was accused of cooperating with the Iranian secret service officers.

On the same date, the Sabail District Court relying on the official charges brought against the applicant and the prosecutor ’ s request for the application of the preventive measure of remand in custody, ordered the applicant ’ s detention for a period of four months. The court justified the application of the preventive measure of remand in custody by the gravity of the charges and the likelihood that if released the applicant might abscond from or obstruct the investigation.

On 16 March 2015 the applicant appealed, claiming that his detention was unlawful. He stated, in particular, that there was no reasonable suspicion that he had committed a criminal offence and that there was no justification for the application of the preventive measure of remand in custody.

On 19 March 2015 the Baku Court of Appeal dismissed the applicant ’ s appeal and upheld finding the first-instance court ’ s decision.

On 26 May 2015 the applicant applied to the Sabail District Court, requesting the substitution of remand with either house arrest or release on bail.

On 27 May 2015 the Sabail District Court dismissed the applicant ’ s request.

On 4 June 2015 the Baku Court of Appeal upheld the decision. During the hearing, the applicant was confined in a metal cage.

On 9 July 2015 the Sabail Nasimi District Court extended the applicant ’ s pre-trial detention by four months. The decision was upheld on appeal on 21 July 2015.

On 29 October 2015 the applicant applied de novo to the Sabail District Court, requesting release pending trial.

On 30 October 2015 the Sabail District Court dismissed the applicant ’ s request. The decision was upheld on appeal on 10 November 2015.

The applicant ’ s pre-trial detention was further extended on several occasions.

COMPLAINTS

1. The applicant complains under Article 3 of the Convention about his detention in a metal cage in the courtroom.

2. The applicant complains under Article 5 §§ 1, 3 and 4 of the Convention that his arrest and detention were unlawful and unjustified, that there was no reasonable suspicion that he had committed a criminal offence and that the domestic courts failed to carry out effective judicial review of his detention.

QUESTIONS TO THE PARTIES

1. Was the applicant subjected to treatment in breach of Article 3 of the Convention on account of his confinement in a metal cage in the courtroom (see Svinarenko and Slyadnev v. Russia [GC], nos. 32541/08 and 43441/08, §§ 113-139, ECHR 2014 (extracts))?

2. Was the applicant deprived of his liberty in breach of Article 5 § 1 of the Convention? In particular, was the applicant ’ s detention compatible with Article 5 § 1 (c) in terms of being justified and based on a reasonable suspicion?

3. Did the domestic courts give sufficient and relevant reasons for the applicant ’ s detention for the purposes of Article 5 § 3 of the Convention? Did they consider alternative measures to his continued detention?

4. Did the applicant have at his disposal an effective procedure by which he could challenge the lawfulness of his detention, as required by Article 5 § 4 of the Convention?