Published on 24 April 2023

FIRST SECTION

Application no. 48946/16 Eldaniz Jumshud oglu GULIYEV against Azerbaijan lodged on 9 August 2016 communicated on 3 April 2023

SUBJECT MATTER OF THE CASE

The application concerns criminal proceedings against the applicant, instituted under the procedure of private prosecution by the Minister of Internal Affairs, resulting in his criminal conviction for an allegedly defamatory Facebook post he had written, which was later published by a news portal. In the post, the applicant, addressing the Minister of Internal Affairs, criticised the conduct of traffic police during a traffic incident he had witnessed and described it as unlawful and unethical.

By judgment of 30 October 2014, the Nasimi District Court convicted the applicant under Articles 147.1 (slander) and 148 (insult) of the Criminal Code and sentenced him to 480 hours’ community service and to a fine in the amount of 1,000 Azerbaijani manats (approximately 970 euros at the material time). Following a series of appeals, the conviction and sentence were upheld by the Supreme Court in a final decision of 16 December 2015 (notified to the applicant on 9 February 2016).

The applicant complains under Article 10 of the Convention that the domestic courts’ judgments violated his right to freedom of expression.

QUESTIONS TO THE PARTIES

Has there been an interference with the applicant’s freedom of expression, within the meaning of Article 10 § 1 of the Convention? If so, was the interference prescribed by law and necessary in terms of Article 10 § 2 in pursuit of a legitimate aim? Were the sanctions imposed on the applicant proportionate to the aims pursued?

The parties are requested to submit a translation into English or French of the Facebook post in question published by the applicant which led to his criminal conviction.