HAJIYEVA v. AZERBAIJAN and 2 other applications

Published on 16 December 2024   THIRD SECTION Application no. 23311/18 Arzu HAJIYEVA against Azerbaijan and 2 other applications (see list appended) communicated on 28 November 2024 SUBJECT MATTER OF THE CASE The applications concern the applicants’ alleged ill-treatment by police/prison officers and ineffective investigations into those allegations. According to the applicants, they were ill-treated by the officers, following which they lodged criminal complaints with the prosecuting authorities. The prosecuting authorities rejected the applicants’ complaints of ill‑treatment as unsubstantiated. The applicants’ complaints against the prosecuting authorities lodged before the domestic courts were unsuccessful. The applicants complain under Article 3 of the Convention that they were subjected to ill-treatment by the police/prison officers and that the domestic authorities failed to conduct an effective investigation in that regard. Relying on Article 13 of the Convention, the applicant in application no. 30480/18 also complains that there was no effective remedy in respect of his alleged ill-treatment. The applicant in application no. 23311/18 also complains under Article 10 of the Convention that the police officers interfered with her journalistic activity and ill-treated her while she was reporting.   QUESTIONS TO THE PARTIES 1.  Have the applicants been subjected to torture or inhuman or degrading treatment, in breach of Article 3 of the Convention (see Labita v. Italy [GC], no. 26772/95, § 119, ECHR 2000-IV, and Mustafa Hajili v. Azerbaijan, no. 42119/12, §§ 34-37, 24 November 2016)?   2.  Having regard to the procedural protection from torture or inhuman or degrading treatment (see Labita, cited above, § 131, and Mustafa Hajili, cited above, §§ 47-48), were the investigations in the present cases by the domestic authorities in breach of Article 3 of the Convention?   3. Did the applicant in application no. 30480/18 have at his disposal an effective domestic remedy for his complaints under Article 3 of the Convention, as required by Article 13 of the Convention?   4.  In application no. 23311/18, has there been an interference with the applicant’s freedom of expression, in particular her right to receive and impart information, within the meaning of Article 10 § 1 of the Convention (see Najafli v. Azerbaijan, no. 2594/07, § 66, 2 October 2012)? If so, was that interference prescribed by law and necessary in terms of Article 10 § 2?   The Government are requested to submit copies of all documents concerning the investigations into the alleged ill-treatment (complaints, decisions and other relevant documents).     APPENDIX No. Application no. Case name Applicant Year of Birth Place of Residence Represented by 1. 23311/18 Hajiyeva v. Azerbaijan Arzu Atdikhan gizi HAJIYEVA 1973 Baku Javad JAVADOV 2. 30480/18 Nuruzade v. Azerbaijan Ahsan Muzaffar oglu NURUZADE 1976 Baku Fariz NAMAZLI 3. 32546/18 Safarov v. Azerbaijan Rufat Eldar oglu SAFAROV 1981 Baku Yalchin IMANOV   Bahruz BAYRAMOV