Published on 9 October 2023

FIFTH SECTION

Application no. 60004/18 Mehmet GELEN against Azerbaijan lodged on 28 January 2019 communicated on 18 September 2023

SUBJECT MATTER OF THE CASE

The applicant is a Turkish national who worked in private schools affiliated to the Gülen movement in Azerbaijan. Relying mainly on Articles 3, 5 and 13 of the Convention, the applicant complains that his detention and subsequent forcible removal from Azerbaijan to Turkey were in breach of his Convention rights.

QUESTIONS TO THE PARTIES

1. In the light of the applicant’s claims and the documents which have been submitted, did the applicant’s forcible removal to Turkey expose him to a real risk of treatment contrary to Article 3 of the Convention (see Shenturk and Others v. Azerbaijan , nos. 41326/17 and 3 others, §§ 112-17, 10 April 2022)?

2. Was the applicant deprived of his liberty in breach of Article 5 § 1 (f) of the Convention? In particular, has the applicant’s detention from 21 to 28 December 2018 been “in accordance with a procedure prescribed by law” and based on any judicial or administrative detention (see Shenturk and Others , cited above, §§ 100-07)?

3. Did the applicant have at his disposal an effective domestic remedy for his complaints under Articles 3 and 5 of the Convention, as required by Article 13 of the Convention?