Communicated on 21 April 2016

FIFTH SECTION

Application no. 66881/11 Nazim ABBASLI against Azerbaijan lodged on 14 October 2011

STATEMENT OF FACTS

The applicant, Mr Nazim Abbasli , is an Azerbaijani national, who was born in 1953 and lives in Baku. He is represented before the Court by Mr T. Hajibeyli , a lawyer practising in Baku.

The circumstances of the case

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

The applicant is an opposition-oriented activist and member of an opposition party. At the material time he actively participated in demonstrations held by the opposition and was arrested and convicted ten times during or before such public gatherings.

According to the applicant, he intended to participate in an upcoming unauthorised peaceful demonstration on 2 April 2011, planned by the opposition to take place in Baku . On 29 March 2011 police officers approached him at his workplace and took him to a police station. He was suspected of being involved in a theft alleged to have taken place on an unspecified date in Baku.

On the day of the applicant ’ s arrest an administrative offence report was drawn up. It stated that on 29 March 2011 he had deliberately failed to comply with a lawful order of the police to attend a police station and that by doing so he had committed an administrative offence under Article 310.1 (deliberate failure to comply with a lawful order of a police officer) of the Code of Administrative Offences (“the CAO”). According to the applicant, the police officers forced him to confess to the offence by threatening to have him dismissed from job and arrest his brother.

The applicant was brought before the Nasimi District Court on the day of his arrest, where he confessed to the above-mentioned offence. The court convicted him under Article 310.1 of the CAO and sentenced him to five days ’ administrative detention.

The judgment was immediately enforced in accordance with domestic law and the applicant was detained.

On 7 April 2011, after his release, the applicant appealed against the judgment, arguing that the reason for his arrest had been to prevent him from participating at the demonstration and that he had confessed to the first-instance court after being threatened by the police. On 15 April 2011 the Baku Court of Appeal rejected the applicant ’ s appeal and upheld the decision of the first-instance court. It did not address his specific arguments.

COMPLAINTS

The applicant complains under Article 5 § 1 of the Convention that he was unlawfully detained to prevent his participation in the demonstration of 2 April 2011.

Relying on Article 6 § 1 of the Convention, the applicant complains that his right to a fair hearing was violated. He claims, in particular, that the court judgments were inadequately reasoned .

The applicant also complains that his arrest and conviction prior to the peaceful demonstration in which he intended to participate was an unlawful interference with his right to freedom of peaceful assembly under Article 11 of the Convention.

Lastly, relying on Article 14 of the Convention, the applicant complains that he was discriminated against because of his political opinions.

QUESTIONS TO THE PARTIES

1. Was the applicant deprived of his liberty in breach of Article 5 § 1 of the Convention? In particular, w as the applicant ’ s “administrative” arrest lawful?

2. Did the applicant have a fair hearing in the determination of the criminal charge against him, in accordance with Article 6 § 1 of the Convention? In particular, were the judgments of the domestic courts adequately reasoned?

3. Has there been an interference with the applicant ’ s freedom of peaceful assembly within the meaning of Article 11 § 1 of the Convention? If so, was that interference prescribed by law and necessary in terms of Article 11 § 2?

4. Was the applicant discriminated against in breach of Article 14 of the Convention?

5. Had the applicant participated in demonstrations or other public gatherings organised by opposition parties or groups before his arrest in present case? Had the applicant been convicted of participating in unauthorised demonstrations or other public gatherings before his arrest in present case?

6. The parties are requested to submit copies of all documents relating to the administrative proceedings, including the administrative offence reports and transcripts of the hearings.