Communicated on 10 November 2015

FIFTH SECTION

Application no. 51295/11 Artur BADALYAN against Azerbaijan lodged on 8 August 2011

STATEMENT OF FACTS

The applicant, Mr Artur Badalyan , is an Armenian national, who was born in 1978 and lives in Haghartsin . He is represented before the Court by Mr Edmon Marukyan and Mr Karen Tumanyan , lawyers practising in Vanadzor .

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

On 9 May 2009 the applicant went with a group of friends to the village of Navur near the town of Berd , close to the border to Azerbaijan, to pick mushrooms in the forest. He disappeared and was captured by Azerbaijani forces. His relatives contacted Armenian authorities, after which he was registered as a missing person in Armenia and a search for him was made in the relevant area. However, his whereabouts remained unknown to his family and the Armenian authorities until, in November 2010, a registration of Armenian captives was held in Azerbaijan with the arrangement of the International Committee of the Red Cross (ICRC). The applicant was registered by the ICRC on 5 November 2010 and was thereafter regularly visited in detention until 17 March 2011 when he was released to the Armenian authorities through the mediation of the ICRC as part of an exchange of captives.

The applicant claims that he was held captive for 22 months in a closed cell. He was not given enough food and often he was not allowed to go to the toilet, thus having to care for his needs in the cell. Moreover, he was subjected to harsh torture and mental anguish, as he was deemed to be a military prisoner, and was regularly harassed to divulge information. He was often beaten on his legs, so that he could not feel or move them. Electric wires were frequently attached to his fingers and the power switched on, causing severe pains. His cell door was hit with metallic objects, as a result of which he now suffers from a hearing disorder.

Immediately following his release, the applicant was hospitalised and examined in Armenia. The medical examination revealed that he was depressed, frightened and tense and that he had pain in his arms and legs. He was diagnosed with a serious neuropsychological disorder, including schizophrenia of a paranoid type. The applicant has submitted a medical certificate in support of these contentions.

COMPLAINTS

1. The applicant complains under Article 5 §§ 1-4 of the Convention that he was unlawfully deprived of his liberty for 22 months, during the period from 9 May 2009 to 17 March 2011. He was not informed of the reasons for his detention in a language that he understood and was not brought before a judge or other authorised officer. Furthermore, he had no right or possibility to challenge the lawfulness of his detention.

2. The applicant further complains that he was subjected to physical and mental torture and ill-treatment during his detention, in violation of Article 3 of the Convention.

QUESTIONS TO THE PARTIES

1. Was the applicant deprived of his liberty in breach of Article 5 § 1 of the Convention? In particular, did the deprivation of liberty, which allegedly occurred during the period between 9 May 2009 and 17 March 2011, fall within any of the sub-paragraphs of this provision?

2. Was the applicant informed, in a language which he understood, of the reasons for his arrest and of any charge against him, as required by Article 5 § 2 of the Convention?

3. Was the applicant brought before a judge or other officer authorised by law to exercise judicial power, as required by Article 5 § 3 of the Convention?

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

5. Was the applicant subjected to torture or to inhuman or degrading treatment or punishment, in breach of Article 3 of the Convention?