Published on 9 December 2024
 
THIRD SECTION
Application no. 12506/21
Vugar ABILLI
against Azerbaijan
lodged on 4 February 2021
communicated on 21 November 2024
SUBJECT MATTER OF THE CASE
The application concerns the administrative proceedings brought against the applicant for “failure to comply with a lawful order of a police officer” and for “dissemination on the internet of information restricted by law” under Articles 535.1 and 388-1.1 of the Code on Administrative Offences.
By a judgment of 17 April 2020, the Absheron District Court convicted the applicant of the above-mentioned offences and sentenced him to twenty days’ administrative detention. Referring to the relevant police report, the court found that the applicant had imparted restricted information on a social network and that he had disobeyed a lawful order of a police officer. In his appeal submissions, the applicant argued that he had not disseminated any restricted information, but that he had only shared interviews and speeches of an opposition leader on Facebook. By a final decision of 4 May 2020, the Sumgayit Court of Appeal upheld the judgment of the first-instance court. The decision was served on the applicant on 23 November 2020.
Relying on Articles 5, 6 and 10 of the Convention, the applicant complains of the alleged unfairness of the domestic proceedings and of a violation of his right to freedom of expression.
 
QUESTIONS TO THE PARTIES
1.  Did the applicant have a fair hearing in the determination of the criminal charges against him, in accordance with Article 6 § 1 of the Convention? In particular, was the applicant’s right to a reasoned judgment respected?
 
2.  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? Was the sanction imposed on the applicant proportionate to the aims pursued?