Published on 27 April 2026
 
THIRD SECTION
Applications nos. 36770/21 and 52494/22
Shaig HASANOV against Azerbaijan
and Sakhavat ORUJOV against Azerbaijan
(see list appended)
communicated on 7 April 2026
SUBJECT MATTER OF THE CASE
The two applicants were co-defendants in criminal proceedings. They were charged with, inter alia, robbery, murder and deliberate infliction of less serious harm to health under Articles 181, 120 and 127 of the Criminal Code.
By a judgment of 4 July 2018, the Ganja Court of Serious Crimes acquitted the applicants of murder and robbery but convicted them of deliberate infliction of less serious harm to health, sentencing them to two years and six months’ and five years’ imprisonment, respectively. On appeal by both the applicants and the prosecuting authorities, the Ganja Court of Appeal partly quashed the lower court’s judgment, found the applicants guilty of murder, and sentenced them to cumulative prison terms of seventeen years and twenty years, respectively.
Following remittal of the case by the Supreme Court to the appellate court concerning the applicants’ acquittal on the robbery charge and certain reclassification issues, the appellate court found both applicants also guilty of robbery and increased the first applicant’s sentence to nineteen years’ imprisonment. The second applicant’s sentence remained at twenty years’ imprisonment. By a final decision of 7 July 2022, the Supreme Court upheld the appellate court’s judgment.
Meanwhile, in 2016 the first applicant’s mother lodged a complaint with prosecuting authorities about his alleged ill-treatment by the police. By a decision of 25 November 2016, the investigator refused to institute criminal proceedings finding the allegations unsubstantiated. After four years, the applicant challenged this decision before the domestic courts. He alleged that he had been subjected to ill-treatment in police custody, as a result of which he had made self-incriminating statements and that the investigation into the ill‑treatment complaint had been ineffective. By a final decision of 12 January 2021, the Ganja Court of Appeal upheld the lower court’s decision dismissing the applicant’s complaint.
In 2018, the second applicant lodged a complaint with the prosecuting authorities about the alleged police ill-treatment happened in 2016, and by a decision of 8 August 2018, the prosecuting authorities refused to institute criminal proceedings into his allegation. In September 2020, the applicant challenged the prosecuting authorities’ decision of 8 August 2018 before the domestic courts which rejected his claims as unsubstantiated.
Relying on Article 3 of the Convention, the first applicant complains of the alleged ill-treatment by the police and ineffective investigation into his complaints in this regard. Both applicants also complain under Article 6 that they were convicted on the basis of unlawful evidence – their self‑incriminating statements which allegedly had been extracted by ill‑treatment.
QUESTIONS TO THE PARTIES
1.  Has the first applicant been subjected to torture, or inhuman or degrading treatment, in breach of Article 3 of the Convention? Having regard to the procedural protection from torture, inhuman or degrading treatment (see Labita v. Italy [GC], no. 26772/95, § 131, ECHR 2000-IV), was the investigation in the present case by the domestic authorities in breach of Article 3 of the Convention?
 
2.  Did the applicants have a fair hearing in the determination of the criminal charges against them, in accordance with Article 6 § 1 of the Convention? In particular, were the principle of equality of arms and the applicants’ right to a reasoned judgment respected? Were the applicants afforded an adequate opportunity to contest the authenticity of evidence and use of it against them (see Dursun Aliyev v. Azerbaijan, no. 20216/14, §§ 115‑23, 27 April 2023, and Kutayev v. Russia, no. 17912/15, §§ 108-10, 24 January 2023)?
The parties are requested to submit relevant evidence in support of their submissions which has not been previously submitted to the Court.
 
APPENDIX
List of applications
 
No.
Application no.
Case name
Lodged on
Applicant
Year of Birth
Place of Residence
Nationality
 
Represented by
1.
36770/21
Hasanov v. Azerbaijan
09/07/2021
31/10/2022
Shaig Tahir oglu HASANOV
1983
Baku
Azerbaijani
 
Babak Ziyafaddin oglu HAMIDOV
 
Fariz Mubariz oglu NAMAZLI
2.
52494/22
Orujov v. Azerbaijan
03/11/2022
Sakhavat Oruj oglu ORUJOV
1984
Baku
Azerbaijani
Saadat Marhamat gizi SEYIDLI