Published on 7 November 2022

FIFTH SECTION

Application no. 76065/16 Elvin Rashadat oglu ABDULLAZADE against Azerbaijan lodged on 3 December 2016 communicated on 21 October 2022

SUBJECT MATTER OF THE CASE

The application concerns the criminal proceedings against the applicant, a member of an opposition party. By a final judgment of 22 June 2016 the Supreme Court convicted the applicant under Article 234.1 (illegal possession of narcotic substances in an amount exceeding that necessary for personal use without intent to sell) of the Criminal Code and sentenced him to two years and six months’ imprisonment.

Relying on Article 6 of the Convention the applicant complains, in particular, that his conviction was based on planted evidence.

QUESTION TO THE PARTIES

Did the applicant have a fair hearing in the determination of the criminal charges against him, in accordance with Article 6 of the Convention? In particular, were the proceedings as a whole, including the way in which the evidence was taken and used in the proceedings, fair? Do the circumstances in which the evidence was obtained cast doubt on its reliability or accuracy? Was the applicant given an opportunity of challenging the authenticity of the evidence and of opposing its use?