Published on 12 September 2022

FIFTH SECTION

Application no. 9375/20 Aynura Islam gizi BAGIROVA against Azerbaijan lodged on 5 February 2020 communicated on 23 August 2022

SUBJECT MATTER OF THE CASE

The application concerns the death of the applicant’s brother (A.B.), a wanted person, who was killed during an operation carried out by agents of the State Security Service for the purposes of his arrest.

Relying on Articles 2 and 13 of the Convention, the applicant complains that the use of lethal force was not absolutely necessary for the purposes of her brother’s arrest and agents of the State Security Service intentionally killed her brother during the operation. She also complains that the domestic authorities failed to carry out an effective investigation into her brother’s killing.

QUESTIONS TO THE PARTIES

1. Has the right to life of the applicant’s brother, ensured by Article 2 of the Convention, been violated in the present case? In particular, did the death of the applicant’s brother result from a use of force which was absolutely necessary for the purposes of paragraph 2 of this Article, taking into account the manner in which the operation was planned, controlled and carried out? Having regard to the procedural protection of the right to life (see paragraph 104 of Salman v. Turkey [GC], no. 21986/93, ECHR 2000-VII), was the investigation in the present case by the domestic authorities in breach of Article 2 of the Convention?

2. Did the applicant have at her disposal effective domestic remedies in respect of her complaints under Article 2 of the Convention, as required by Article 13 of the Convention?

3. The Government are requested to submit copies of all the documents, such as forensic reports, procedural decisions, testimony records, photographs, video recordings or any other document relating to the criminal proceedings concerning the death of the applicant’s brother.