RZAYEV v. AZERBAIJAN and 5 other applications

Published on 3 February 2025   THIRD SECTION Application no. 38220/22 Malik RZAYEV against Azerbaijan and 5 other applications (see list appended) communicated on 15 January 2025 SUBJECT MATTER OF THE CASE The applications concern the arrest, detention and subsequent criminal proceedings against three applicants in Azerbaijan following their deportation from Germany. According to the applicants, they left Azerbaijan for Germany between 2014 and 2017 and, while in Germany, were politically active on social networks and elsewhere, criticising the Azerbaijani government. On different dates in 2021, they were deported from Germany to Azerbaijan. Within a few months of their deportation, all three applicants were arrested on different dates and charged with illegal possession, with the intent to sell, of a large quantity of narcotic substances, under Article 234.4.3 of the Criminal Code. They were detained on remand pursuant to domestic court orders. The trial courts found the applicants guilty under Article 234.4.3 of the Criminal Code and sentenced two of them to seven years’ imprisonment and one to six years’ imprisonment. After a series of appeals, the Supreme Court upheld the judgments of the lower courts. In applications nos. 38220/22, 38245/22 and 42144/22, the applicants complain under Article 5 § 3 of the Convention that the domestic courts did not provide relevant and sufficient reasons for their pre-trial detention. In applications nos. 10356/24, 19308/24 and 23988/24, relying on Article 6 of the Convention, the applicants complain that the criminal proceedings against them were unfair: their convictions were based on planted evidence, their rights to a reasoned decision were violated and the domestic courts did not respect the principles of equality of arms and adversarial proceedings by rejecting their requests. QUESTIONS TO THE PARTIES   Common questions 1.  Were the applicants deprived of their liberty in breach of Article 5 of the Convention? In particular, did the domestic courts give sufficient and relevant reasons for the applicants’ detention for the purposes of Article 5 § 3 of the Convention (see Farhad Aliyev v. Azerbaijan, no. 37138/06, §§ 184‑94, 9 November 2010, and Zayidov v. Azerbaijan, no. 11948/08, §§ 55-69, 20 February 2014)?   2.  Did the applicants have a fair hearing in the determination of the criminal charge against them in accordance with Article 6 § 1 of the Convention (see Layijov v. Azerbaijan, no. 22062/07, §§ 62-76, 10 April 2014, and Sakit Zahidov v. Azerbaijan, no. 51164/07, §§ 46-58, 12 November 2015)? In particular: (a) Were the applicants’ right to a reasoned decision respected? (b) Were the principles of equality of arms and adversarial proceedings respected? (c) Were the applicants afforded an adequate opportunity to contest the authenticity of the evidence against them, and to adduce evidence in support of their line of defence and to have such evidence assessed by the court?   3.  Were the restrictions imposed by the State on the applicants, purportedly pursuant to Articles 5 and 6 of the Convention, applied for a purpose other than those envisaged by those provisions, contrary to Article 18 of the Convention (see Ukraine v. Russia (re Crimea) [GC], nos. 20958/14 and 38334/18, § 1338, 25 June 2024, and Selahattin Demirtaş v. Turkey (no. 2) [GC], no. 14305/17, § 421-22, 22 December 2020)?   The parties are requested to submit relevant documentary evidence in support of their replies and submissions, including copies of the witness statements, records of the seizure of physical evidence, bills of indictment, transcripts of court hearings, the applicants’ requests and decisions of the courts concerning those requests, expert reports and so on.     Case-specific question in respect of applications nos. 42144/22 and 23988/24   The parties are requested to submit a copy of the applicant’s national identity card.     APPENDIX No. Application no. Case name Lodged on Applicant Year of birth Place of residence Nationality Represented by 1. 38220/22 Rzayev v. Azerbaijan 21/07/2022 Malik Azadbala oglu RZAYEV 1974 Sumgait Azerbaijani Nemat KARIMLI 2. 38245/22 Orujov v. Azerbaijan 23/07/2022 Mutallim Ali oglu ORUJOV 1969 Guba Azerbaijani 3. 42144/22 Mirzayev v. Azerbaijan 16/08/2022 Jafar Farmail oglu MIRZAYEV 1985 Jalilabad Azerbaijani 4. 10356/24 Rzayev v. Azerbaijan 20/03/2024 Malik Azadbala oglu RZAYEV 1974 Sumgait Azerbaijani 5. 19308/24 Orujov v. Azerbaijan 10/06/2024 Mutallim Ali oglu ORUJOV 1969 Guba Azerbaijani 6. 23988/24 Mirzayev v. Azerbaijan 12/07/2024 Jafar Farmail oglu MIRZAYEV 1985 Jalilabad Azerbaijani