CEDH · CASELAW;JUDGMENTS;CHAMBER;ENG — 9 novembre 2010

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display:inline-block } .sF2E32F9B { width:36.61pt; display:inline-block } .s5F32E900 { width:208.31pt; display:inline-block }       FIRST SECTION             CASE OF FARHAD ALIYEV v. AZERBAIJAN   (Application no. 37138/06)                   JUDGMENT     STRASBOURG   9 November 2010   FINAL   09/02/2011   This judgment has become final under Article 44 § 2 of the Convention. It may be subject to editorial revision. In the case of Farhad Aliyev v. Azerbaijan , The European Court of Human Rights (First Section), sitting as a Chamber composed of:   Christos Rozakis, President,   Nina Vajić,   Anatoly Kovler,   Khanlar Hajiyev,   Dean Spielmann,   Giorgio Malinverni,   George Nicolaou, judges, and Søren Nielsen, Section Registrar , Having deliberated in private on 18 October 2010, Delivers the following judgment, which was adopted on that date: PROCEDURE 1.     The case originated in an application (no. 37138/06) against the Republic of Azerbaijan lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by an Azerbaijani national, Farhad Shovlet oglu Aliyev ( Fərhad Şövlət oğlu Əliyev – “the applicant”), on 8 September 2006. 2.     The applicant was represented by Ms L.   James and Lord Lester of Herne Hill QC, lawyers practising in London, and Mr E.   Guliyev, a lawyer practising in Baku. The Azerbaijani Government (“the Government”) were represented by their Agent, Mr   Ç.   Asgarov. 3.     The applicant alleged, in particular, that during his pre-trial detention his rights under Articles 3, 5, 6, 8, 13 and 14 of the Convention had been infringed by various domestic authorities and officials. 4.     On 4 April 2007 the President of the First Section decided to give notice of the application to the Government. It was also decided to examine the merits of the application at the same time as its admissibility (Article   29     § 1). THE FACTS I.     THE CIRCUMSTANCES OF THE CASE 5.     The applicant was born in 1963 and lives in Baku. He was the Minister for Economic Development of Azerbaijan from 2001 until the events of the present case. A.     Criminal proceedings against the applicant 1.     The circumstances of the applicant's arrest (a)     The applicant's version of the events 6.     Shortly after 2 p.m. on 19 October 2005 the applicant was taken to the Ministry of National Security (“the MNS”) from his office in the Ministry of Economic Development. He was not informed why he was taken there. He was taken to the MNS in his own car driven by his personal driver, accompanied by two deputies to the Minister for National Security. 7.     Shortly after that, television channels broadcast a presidential order for the applicant's dismissal from ministerial office. At around 3 p.m. the text of the presidential order was published by AzerTAG, a State-owned news agency. 8.     After the arrest, the applicant was taken to the office of one of the MNS investigators inside the MNS building. He was then moved from one office to another until 10 p.m. and was unable to leave the MNS building during this time. He was not allowed to contact his family by phone when he asked to do so. At about 10 p.m. he was informed about his dismissal from ministerial office. He was also briefly informed that he was suspected of being one of the accomplices to organising mass unrest and a coup d'état allegedly planned by a group of current and former high-ranking State officials. 9.     From 11.45 p.m. on 19 October to 12.50 a.m. on 20 October 2005, the applicant was questioned for the first time after his arrest earlier that day. A State-appointed lawyer was present during the questioning. The applicant was asked about a loan of 100,000 euros (EUR) that he had allegedly made to Fikret Yusifov, one of the alleged organisers of the coup d'état . He was told that this money had been found in Mr Yusifov's house and that the latter had explained that he had received it from the applicant. The applicant was asked to confirm this and to explain the reason for the loan. The applicant stated that he had indeed lent that amount to Mr Yusifov at the latter's request owing to personal financial difficulties. The applicant was also asked about his relationship with Rasul Guliyev, a former Parliament Speaker, who at the time lived abroad and was sought by the Azerbaijani authorities for a number of crimes allegedly committed by him while in office. The applicant stated that he had never been in touch with Mr   Guliyev. 10.     Following the questioning, the applicant was informed that he was being detained as a suspect. He was then taken to the MNS Detention Facility. (b)     The Government's version of the events 11.     Shortly after 8 p.m. on 19 October 2005 officials of the MNS entered the applicant's office and informed him about the criminal offences of which he was suspected. They then accompanied the applicant to the MNS in his car. The car entered the courtyard of the MNS building at 8.25 p.m. 12.     By letter of 19 October 2005 the applicant's family was notified that he was detained in the MNS detention facility on suspicion of having committed a criminal offence under Article 278 of the Criminal Code. 13.     At 11 p.m. a State-appointed lawyer was introduced to the applicant, since he had not expressed a wish to be assisted by a lawyer of his choice. The applicant did not object to being assisted by the State-appointed lawyer. 14.     From 11.15 to 11.25 p.m. an MNS investigator drew up a record of the applicant's arrest as a person suspected of committing a criminal offence ( tutma protokolu ), in accordance with, inter alia , Articles 147 and 148 of the Code of Criminal Procedure (“the CCrP”). The record was signed by the applicant at 11.25 p.m. At 11.45 p.m. the applicant signed another record confirming that he had been informed of the nature of the suspicions against him, while adding in handwriting that he denied the accusations. Thereafter, the applicant was questioned, in the presence of his State-appointed lawyer, from 11.45 p.m. on 19 October to 12.50 a.m. on 20 October 2005. 2.     Other events around the time of the applicant's arrest (a)     Searches conducted in the applicant's and his relatives' flats and alleged persecution of the applicant's brothers and other relatives 15.     According to the applicant, on 19 October 2005, the day of his arrest, some fifteen   officials in plain clothes and armed soldiers entered his flat in Baku without a search warrant. The officials produced a search warrant about two hours after the search had begun. The search continued for more than twelve hours and numerous items were seized. Several other flats and houses, registered in the name of the applicant's closest relatives, were also searched and sealed. 16.     The applicant's brother Rafig Aliyev, a wealthy businessman, was also arrested at around the same time on similar suspicions. According to the applicant, not only his brother Rafig, but his other brothers were also either arrested or dismissed from their jobs. Alipanah Aliyev, the Head of the Environment Committee of the Baku City Executive Authority, was dismissed from his job. Ashad Aliyev, a CEO of a private company, was prosecuted on charges of tax evasion but was later released after agreeing to pay what was alleged to be due. Sudeef Aliyev, a manager of a small carpet factory, was also accused of tax evasion. Alovsat Aliyev, who intended to stand as a candidate for the forthcoming parliamentary elections, had his candidacy revoked by a court decision. Alovsat's wife was dismissed from her position as a teacher at a State school. A number of his other, more distant relatives, as well as his former colleagues and employees, were also allegedly persecuted in various ways. According to the applicant, all of the above events were directly related to his arrest. (b)     Press releases by law-enforcement authorities concerning the criminal proceedings against the applicant 17.     On 20 and 21 October 2005 the official newspapers and other mass media published two press releases with the headline “Special Statement of the Prosecutor General's Office, the Ministry of National Security and the Ministry of Internal Affairs of the Republic of Azerbaijan”. These press releases officially informed the public about the arrest and indictment of a number of well-known current and former State officials and provided a summary of the evidence gathered in respect of their alleged plans for the “forcible capture of power” during the election period, “under the guise of an appeal for democratic changes in the political situation in the country”. The evidence mainly consisted of the testimony of one of the arrested persons concerning secret meetings between them and their sources of financing, as well as large amounts of cash and other valuables found in the homes of some of them. Additionally, some of the arrested persons were suspected of embezzlement of public funds and abuse of authority. Specifically, the press releases mentioned the names of the applicant, the former Parliament Speaker Rasul Guliyev, the former Minister of Finance Fikret Yusifov, the owner of Azpetrol Oil Company Rafig Aliyev (the applicant's brother), the Minister for Health Care Ali Insanov, as well as other, less prominent names. It appears that all of the mentioned persons (except Rasul   Guliyev, who was not physically present in Azerbaijan) had been arrested prior to the publication of the press releases. 18.     The press release of 20 October 2005 stated, inter alia : “It was established that former Minister of Finance Fikret Yusifov was the contact responsible for obtaining large amounts of funding for the forcible capture of State power... He was arrested as a suspect on 16 October. ... 100,000 euros and 60,000 US dollars were seized from Fikret Yusifov's flat during a search conducted in the context of the investigation... On 18 October 2005 Fikret Yusifov wrote to the Prosecutor General... and indicated his willingness to voluntarily provide information about the preparatory actions by Rasul Guliyev and his supporters aimed at usurping State power... Fikret Yusifov stated in his testimony that, during his visit to St Petersburg in the Russian Federation in July 2005, Rasul Guliyev ... had contacted him on his mobile phone and instructed him to pass on his directions concerning the financing of the process of the capture of State power to the Minister for Economic Development, Farhad Aliyev, and his other supporters who had the necessary financial means. In this connection, in August of the current year Fikret Yusifov met Farhad Aliyev in the office of the latter's brother Rafig Aliyev and informed him about Rasul Guliyev's directions. Farhad Aliyev promised to provide any kind of assistance in this matter and to take additional measures via his contacts. At the end of August Fikret Yusifov went to St Petersburg and notified Rasul Guliyev by phone about Farhad Aliyev's agreement. Pursuant to another instruction by Rasul Guliyev, [Fikret Yusifov] returned to Baku on 23 September and again met Farhad Aliyev in the same office ... [Farhad Aliyev] again gave assurances that he would provide any kind of assistance and that he was ready to provide funding in the amount of 3,000,000 US dollars and to organise anything within his capability. On 3 October 2005 Fikret Yusifov met Rasul Guliyev in Berlin. During the meeting, Rasul Guliyev stated that he was planning to return to Baku in the middle of October and stressed that it was important that he be met by a large group of people, which would prevent his arrest, and that State power be forcibly seized by creating public disorder. Rasul Guliyev also gave a specific instruction that Farhad Aliyev should provide substantial financial assistance for implementing these plans. Having returned to Baku, Fikret Yusifov met Farhad Aliyev and notified him about this instruction. On 15 October Farhad Aliyev personally gave cash in the amount of 100,000 US dollars to Fikret Yusifov for the purposes of financing the usurpation of State power. This money was found during the search of Fikret Yusifov's flat on 16   October 2005 and was seized as physical evidence. During the searches conducted in the course of the investigation in houses, dachas and other properties belonging to Farhad Aliyev, [the authorities] seized large amounts of foreign currency, jewellery, works of art and other valuable items obtained in a criminal manner. As a result of operational measures, it was also established that Farhad Aliyev, having abused his official authority and committed serious breaches of the law during the process of privatisation of State property, had procured documents of title to State property at negligible prices and formally registered the property in the name of his relatives and acquaintances, and thus de facto transferred it into his ownership. An investigation into breaches of the law is currently under way in numerous commercial companies linked to Farhad Aliyev, including Azpetrol. Rafig Aliyev, the owner of Azpetrol, was arrested at the airport while attempting to leave the country. Based on the material gathered, the Prosecutor General instituted criminal proceedings under Articles 179.3 (embezzlement), 308.2 (abuse of official authority), 28/220 (preparation to organise public disorder) and 278 (usurpation or forcible retention of State power) of the Criminal Code and on 19 October 2005 Farhad Aliyev was arrested as a suspect in connection with these criminal proceedings.” 19.     The press release of 21 October 2005 stated, inter alia : “As has been notified earlier, during the searches conducted in the course of the investigation in houses, dachas and other properties belonging to the former Minister for Economic Development Farhad Aliyev, arrested as a suspect in connection with the criminal proceedings under Articles 179.3, 308.2, 28/220 and 278 of the Criminal Code, [the authorities] have seized large amounts of foreign currency, jewellery, works of art and other valuable items obtained in a criminal manner. In particular, [the following were seized during the searches:] 50,500 US dollars, 6,000 euros and 860 UK pounds sterling from Farhad Aliyev's personal office in the administrative building of the Ministry of Economic Development; 30,000 euros and 6,500 US dollars from his flat...; 34 valuable works of art and 500 privatisation vouchers from his dacha; 565,000 US dollars and 5,609,000,000 [old] Azerbaijani manats, which had not been entered in accounting books, from his brother Rafig Aliyev's office at Azpetrol. In addition, jewellery in large amounts, seven firearms of various models, other valuable items, and documents of title to numerous items of real property have been discovered at the mentioned addresses. The investigation continues into offences of corruption and other breaches of the law within numerous commercial companies belonging de facto to Farhad Aliyev. ...” 3.     Formal charges against the applicant and his remand in custody 20.     From 21 October 2005 the applicant was assisted by two lawyers hired by his family. 21.     By a decision of the investigator in charge of the case, issued at an unspecified hour on 21 October 2005 in the presence of the applicant and his lawyers, the applicant was formally accused in the context of criminal case no.   76586. The applicant was one of several accused persons in that case. Specifically, he was charged with criminal offences under Articles   179.3.2 (embezzlement in large amounts), 308.2 (abuse of official authority entailing grave consequences), 28/220 (preparation to organise public disorder) and 278 (actions aimed at usurping State power) of the Criminal Code. Following this, he was questioned from 7.50 p.m. to   8.15   p.m. on 21   October 2005. 22.     On the same day, a judge of the Nasimi District Court arrived at the MNS to hold a hearing concerning the prosecution's request to apply the preventive measure of remand in custody ( həbs qətimkan tədbiri ) in respect of the applicant. The hearing was held in the office of one of the MNS investigators in the presence of the applicant and his lawyers. According to the Government, the hearing commenced at 8.25   p.m. According to the applicant, he was not brought before the judge until 9   p.m. 23.     The judge remanded the applicant in custody for a period of three months, calculated from 19 October 2005. The judge substantiated the necessity of this measure as follows: “Taking into account the possibility of the accused absconding from the authority conducting the criminal proceedings and illegally influencing persons participating in the proceedings, as well as the nature and gravity of the actions imputed to him, I consider it necessary to apply the preventive measure of remand in custody in respect of him.” 24.     The applicant appealed, claiming inter alia that, prior to the issuance of a judicial order remanding him in custody, he had been detained as a suspected person for several hours in excess of the maximum forty-eight-hour period prescribed by law, because he had been actually arrested at 2   p.m. on 19 October but had been brought before the judge at 9 p.m. on   21   October. He further claimed that, upon issuing the detention order, the judge had merely relied on the submissions of the prosecution and had not assessed any evidence independently in order to establish whether there had been a reasonable suspicion that he had committed a criminal offence. Lastly, he complained that the judicial hearing had been held in the MNS building and not in a regular courtroom, and in the absence of the public prosecutor. 25.     On 26 October 2005, in the presence of the applicant's lawyers but in the absence of the applicant himself, the Court of Appeal upheld the Nasimi District Court's detention order, repeating the lower court's reasoning and finding that it was correct. The Court of Appeal's decision did not address any of the applicant's specific complaints. 26.     By a decision of 13 January 2006 the Nasimi District Court extended the period of the applicant's detention by another four months (until 19   May   2006). Both the applicant and his lawyer were absent from this hearing. On 19 January 2006 the Court of Appeal upheld that decision, in the presence of the applicant's lawyer, but in the applicant's absence. 27.     On 13 May 2006 the Nasimi District Court extended the period of the applicant's detention by another five months (until 19 October 2006). Neither the applicant nor his lawyers were informed of this hearing. On 22   May 2006 the Court of Appeal upheld that decision, in the presence of the applicant's lawyer, but in the applicant's absence. 28.     On an unspecified date the applicant requested that the preventive measure of remand in custody be substituted by a less restrictive measure, such as release on bail or house arrest. It appears that on 17 July 2006 the Nasimi District Court rejected this request (no copy of this decision was made available to the Court). 29.     On 2 October 2006 the Nasimi District Court extended the period of the applicant's detention by another six months (until 19 April 2007). The applicant was absent from the hearing; his lawyer was present. On 9   October 2006 the Court of Appeal upheld that decision. 30.     In all of its decisions extending the applicant's detention, the Nasimi District Court's reasoning justifying his continued detention was the same as or similar to that cited in paragraph 23 above. In all of his appeals against those decisions, the applicant complained that there was no evidence giving rise to a reasonable suspicion that he had committed a criminal offence, that the material in the prosecuting authority's possession had not been made available to him, that the extension orders were based only on the submissions of the prosecuting authority, that neither his nor his lawyers' presence at the hearings had been ensured, that there were no reasons to believe that he would abscond or influence the investigation, and that the condition of his health and other personal circumstances had not been taken into account when assessing the necessity of his continued detention. The Court of Appeal's decisions upholding the extension of the applicant's detention repeated the lower court's reasoning and did not contain any assessment of the specific arguments raised by the applicant in his appeals. 31.     On 19 January 2007 the investigator issued a new decision charging the applicant with criminal offences under Articles 179.3.1 (embezzlement), 179.3.2 (embezzlement in large amounts), 28/220.1 (preparation to organise public disorder), 278 (actions aimed at usurping State power), 308.2 (abuse of official authority entailing grave consequences), 311.3.1 (bribe-taking by an organised group), 311.3.2 (repeatedly committed bribe-taking), 311.3.3 (bribe-taking in large amounts) and 313 (forgery in public office) of the Criminal Code. 32.     On 1 March 2007 the investigator issued yet another decision, charging the applicant with criminal offences under Articles 179.3.1, 179.3.2, 192.2.1 (illegal commercial activity resulting in grave pecuniary damage), 192.2.2 (illegal commercial activity yielding a large amount of profit), 206.4 (smuggling by an organised group), 213.4 (tax evasion in large amounts), 28/220.1, 278, 308.2, 311.3.1, 311.3.2, 311.3.3 and 313 of the Criminal Code. 33.     On 5 March 2007 a new criminal case (no. 76961) was severed from criminal case no. 76586. In the context of the new criminal case no. 76961, the applicant was charged under Articles 179.3.1, 179.3.2, 192.2.1, 192.2.2, 206.4, 213.4, 308.2, 311.3.1, 311.3.2, 311.3.3 and 313 of the Criminal Code. 34.     On 5 March 2007 the applicant requested the prosecutor to provide him with a copy of the decision to sever the criminal case. This request was refused, on the ground that the applicant would be able to familiarise himself with the contents of the entire case file, including a copy of that decision, after completion of the pre-trial investigation. 35.     On 7 March 2007 the applicant was informed that the investigation in criminal case no. 76961 had been completed on 5 March 2007. 36.     On 16 April 2007 the investigator issued the final bill of indictment in criminal case no. 76961 under Articles 179.3.2, 192.2.1, 192.2.2, 206.4, 213.4, 308.2, 311.3.1, 311.3.2, 311.3.3 and 313 of the Criminal Code. On the same day, the bill of indictment was signed by the Prosecutor General and the case was referred to the Assize Court for trial. 37.     Thus, criminal case no. 76961 was sent for trial in the Assize Court. There were nineteen co-defendants standing trial in this case, including the applicant and his brother Rafig Aliyev, under charges of complicity in various offences involving embezzlement and corruption. It appears that the original criminal case no. 76586, which still carried the charges against the applicant under Articles 28/220.1 and 278, was not sent for trial, but was not terminated either. 38.     On 23 April 2007 the applicant's lawyers applied to the Nasimi District Court, seeking the applicant's release on the ground that the latest detention order in respect of him, as well as the statutory maximum period for detention during the pre-trial investigation, had expired on 19   April   2007. It is not clear whether the Nasimi District Court replied to this request. 39.     On 15 and 16 May 2007 the applicant's lawyers lodged similar requests with the Assize Court, arguing that the applicant should have been released on 19 April 2007 at the latest. It appears that at least six other co ‑ defendants also requested release pending trial, relying on various grounds. 40.     At its preliminary hearing on 21 May 2007 the Assize Court rejected the applicant's and his co-defendants' requests for release and authorised their continued detention pending trial. 41.     In particular, in connection with the applicant's specific argument that his detention was unlawful following the expiry of the relevant period on 19 April 2007, the Assize Court noted that the criminal case had been referred to the court a few days before 19 April 2007, and that the running of the applicant's detention “pending investigation” had ended on that day. Therefore, his detention had not exceeded the time-limits specified by law. 42.     Furthermore, assessing the situation of all the detained co-defendants collectively, the Assize Court decided that “the preventive measure of remand in custody had been chosen correctly and should remain unchanged”. The court noted that “the accused persons detained on remand” had sufficient financial means, as well as business and other contacts in foreign countries, which could enable them to leave the territory of Azerbaijan and thus abscond from the trial. It further noted that, using those significant financial means, the detained persons could apply illegal pressure on persons participating in the trial. 4.     Complaints lodged by the applicant during the pre-trial investigation 43.     During the period of the pre-trial investigation, the applicant's lawyers lodged a number of applications and petitions with the prosecuting authorities and courts concerning various procedural aspects of the criminal proceedings and alleged breaches of the applicant's procedural rights. 44.     In particular, on 24 November 2005 the applicant's lawyer applied to the Nasimi District Court, complaining that the actions of the prosecuting authorities violated the applicant's rights to liberty, to a fair investigation and to presumption of innocence. He also complained that, owing to the harsh conditions of his detention, the applicant was being subjected to inhuman and degrading treatment. In the application, the applicant's lawyer also complained, in two sentences, that the applicant's rights following his arrest had not been respected because he had not been allowed to contact his family and relatives by telephone in order to inform them of his arrest. On   26   December 2005 the Nasimi District Court rejected these claims, finding them unsubstantiated. 45.     On 29 December 2005 the applicant lodged an appeal against this decision, summarising the complaints he had made to the Nasimi District Court, including a complaint that “he had not been allowed to telephone his family upon his arrest”. On 25 January 2006 the Court of Appeal dismissed the applicant's appeal. 5.     The applicant's conviction and appeals against it 46.     The applicant was tried by the Assize Court together with eighteen other accused persons. 47.     On 25 October 2007 the Assize Court convicted the applicant of all the criminal offences he was charged with under criminal case no. 76961 and sentenced him to ten years' imprisonment. 48.     On 16 July 2008 the Baku Court of Appeal upheld the applicant's conviction. On 6 July 2009 the Supreme Court upheld the lower courts' judgments in respect of the applicant. B.     The state of the applicant's health and medical treatment provided to him in detention 49.     The submissions and documents concerning the applicant's health and medical treatment are voluminous and contain numerous details. While the Court has duly examined the entire medical file, only the main and most relevant points are summarised below for information purposes. 50.     The applicant complained mainly of cardiovascular problems. Before his arrest, he had been examined by doctors in Azerbaijan and Germany. In particular, in January 2004 he was examined by Dr   Abbasaliyev of the Central Clinical Hospital in Baku and was diagnosed with mild coronary artery disease and stenocardia (angina pectoris), and prescribed a number of medications. It was noted that the applicant complained of pains, shortness of breath, discomfort and occasional feelings of weakness; however, it appears that the examination did not reveal any serious condition. 51.     Also prior to his arrest, in June 2005, the applicant underwent a medical examination in a cardiology hospital in Germany ( Deutsches Herzzentrum Berlin ) and was diagnosed with hyperlipoproteinaemia (elevated concentration of lipoprotein particles in the blood) and arterial hypertension as cardiovascular risk factors. Echocardiography (“echo”) tests did not reveal any serious abnormalities. It was noted that he was in a “good general condition” and that the examination “showed no significant deficit in cardiac function”, although the measurement of heart wall thickness showed a mild septal hypertrophy of the left ventricle. The treatment suggested included three medications (Ramipril for preventing the progression of the left ventricular hypertrophy, and ASS-100 (Aspirin) and Atorvastatin for improving the cardiovascular risk profile) and regular control of blood pressure and cholesterol level. 52.     In detention, the applicant continuously complained of his health condition. Specifically, he complained of, inter alia , breathing problems, spasms, headaches, dizziness and heart pain. 53.     As to the period after his arrest on 19 October 2005, according to the applicant, he was not examined by a physician upon his arrest and was first seen by a doctor on 21 October 2005. The medical records submitted by the Government contained entries made by MNS doctors on 24, 28 and 29   October 2005. According to those records, the applicant underwent a blood test and outpatient examinations by the MNS doctors, who noted that he complained of chest pains and dizziness. The entry for 29   October 2005 contained a diagnosis of “ischaemic heart disease” (followed by a question mark), “hypertension” (also followed by a question mark), and “neurocirculatory dystonia of hypertonic type”. It was further noted that the applicant had no specific health-related complaints on that occasion and that, although he had been prescribed several medications (including Nitrosorbit, Ramipril, ASS and Persen Forte), he had refused to take them on previous days, but had agreed to do so after he had been informed of their nature. 54.     As to the period subsequent to the initial days after the arrest, it appears from the medical records that the applicant was examined by MNS doctors on 9 and 25 November 2005 and 5 and 21 December 2005. While the exact treatment is not fully specified in the available medical records, it appears that a number of medications were prescribed and administered. 55.     At an unspecified time on 22 December 2005, while in his cell, the applicant lost consciousness for several minutes as a result of abnormally high blood pressure. Before fainting, he called a warder, who brought a blood-pressure monitor. The applicant used the monitor himself after regaining consciousness. Then a doctor came and gave him some medication, but this did not help. An ambulance was called and at around 11.45 p.m. on the same day the applicant was taken to Baku Central Clinical Hospital suspected of having suffered a stenocardiac attack. At the hospital, he was examined by Dr Abbasaliyev, a cardiologist who had previously seen him prior to his detention. According to the medical record drawn up by Dr Abbasaliyev, an electrocardiogram (“ECG”) and echocardiogram (“echo”) were taken and a blood test was carried out. Apart from the left ventricular hypertrophy diagnosed earlier, no new disorders were discovered and the blood test result did not reveal any anomalies. The   applicant was given unspecified medications administered via injections and an intravenous drip, which resulted in normalisation of the blood pressure. It was determined that the applicant had suffered a “hypertonic attack (due to failure to take his medication and emotional stress)”. He was diagnosed with first-stage hypertension and left ventricular hypertrophy. 56.     The applicant stayed in the hospital overnight and the next morning he was brought back to his cell. According to the applicant, he was still feeling ill when brought back to his cell and he lay in his bed for several days without medical supervision until the “attack” eventually subsided. Following the attack, different medications were prescribed. According to the applicant, the pills were given to him by medically unqualified warders of the MNS Detention Facility on an irregular basis, usually following a request by the applicant himself. 57.     According to the medical records submitted by the Government, during the period from 23 December 2005 to 11 April 2006 the applicant was seen several times by the MNS doctors. On each occasion, his health ‑ related complaints (or lack of them) were recorded and he was prescribed and administered a number of medications to alleviate his condition (Diroton, Dibazol, Papaverine, Dimedrol). While the above-mentioned records are too voluminous and repetitive to be fully summarised, it should be noted that during this period the applicant usually complained of chest pains, dizziness, headaches and weakness, and was repeatedly diagnosed with “neurocirculatory dystonia of hypertonic type” and “neurotic reactions”. However, on 31 March 2006 the chief cardiologist of the Ministry of Health noted that the applicant's ECG and echo test revealed ischaemic heart disease, stenocardia and arterial hypertension. 58.     Following several complaints by the applicant's lawyer about the applicant's alleged ill-health, lodged with the MNS Investigation Department in the period from January to March 2006, on 10 April 2006 an MNS investigator took a procedural decision to request a formal medical examination of the applicant within the context of the criminal proceedings. The examination was held on 12 April 2006 by four experts of the Ministry of Health. The medical experts were specifically asked to assess the applicant's state of health and the gravity of any illnesses from which he suffered, and to specify whether outpatient treatment of these illnesses would be adequate. 59.     According to the expert report issued on 13 April 2006, the experts noted that the applicant complained of unstable blood pressure, shortness of breath, neck pains, chest pains, weakness and numbness of the left arm and two fingers of the left hand, occasional dizziness and darkening of vision, among other problems. Further, the experts summarised the applicant's medical record during his detention. In response to the specific questions asked by the investigator, the experts diagnosed the applicant with “neurocirculatory dystonia of hypertonic type” and noted that this condition belonged to a group of widespread ordinary illnesses that could be treated on an outpatient basis with calmative medications and vasodilators. 60.     According to the applicant, on 23 April 2006 he experienced another attack and it took some four hours for a number of doctors to stabilise his condition. The relevant medical records do not contain any entries relating to this alleged incident. 61.     Upon a request by the applicant's British lawyers, on 5 May 2006 Dr   Martyn Thomas, a consultant cardiologist at King's College Hospital in London, issued a brief one-page opinion on the applicant's state of health based “on papers ... received from [the applicant's lawyers]”. It is unclear which specific documents were among those “papers”. Dr Thomas noted that, according to those papers, “the medical care of [the applicant] is far from ideal” and that “it is possible that his symptoms relate to some non ‑ cardiac condition [such as] a neurological cause...”. Nevertheless, Dr   Thomas concluded that it was difficult for him “to comment on this gentleman's medical situation based merely on the paperwork I have received” and recommended that the applicant be examined by a cardiologist and “a more general physician [in order] to come to a definitive diagnosis as to the causes of his collapses”. 62.     Following continued complaints about chest pains, back pains, headaches and heart pains, on 23 July 2006 the applicant was transferred to the Medical Facility of the Ministry of Justice. According to the relevant records, upon his arrival the applicant refused, in writing, to take any medications prescribed to him by doctors of the Ministry of Justice's Medical Facility and noted that he would not take any medications other than those that had been prescribed by the German doctor in 2005. 63.     On 25 July 2006 the applicant was examined by Prof. Dr Bakhshiyev of the Azerbaijan Medical University and on 8 August 2006 by Dr   Abdullayev of the Cardiology Research Institute (according to the Government, the latter doctor was chosen by the applicant himself because he had previously examined the applicant; the applicant denied this). Among other tests, the applicant underwent a twenty-four-hour Holter monitor procedure for the purpose of excluding the possibility of coronary insufficiency. The tests did not reveal any serious condition. Both doctors diagnosed him with “neurocirculatory dystonia of hypertonic type” and osteochondrosis of the cervical and thoracic regions of the spine. The applicant was prescribed treatment with calmative medications, but he again refused to take anything other than “his own medications”. 64.     According to the applicant, on 12 August 2006, while in the Ministry of Justice's Medical Facility, he experienced another attack (of unspecified nature) but was not provided with “timely” medical assistance. 65.     It appears that on 23 September 2006 the applicant was checked out of the Ministry of Justice's Medical Facility in a “satisfactory condition” and returned to the MNS Detention Facility. 66.     On 11 October 2006 the applicant was examined by three cardiologists (including Dr Abbasaliyev, who had previously examined him on several occasions). It was noted that the applicant was in a generally good condition and that the examination did not reveal any new disorders. It was recommended that the applicant continue taking the prescribed medications and he was also prescribed an additional medication. 67.     In November 2006 the applicant's lawyer requested that the applicant again be transferred to the Ministry of Justice's Medical Facility for in-patient treatment. In order to determine whether such treatment was necessary, the applicant was examined by a medical commission consisting of ten doctors specialising in various fields of medicine. The commission confirmed the earlier diagnosis of “neurocirculatory dystonia of hypertonic type” and explained that this was a condition caused by the applicant feeling emotionally distressed because of his arrest. The examination did not reveal any disorders or diseases of the blood, lungs, ear, nose and throat (ENT) or kidneys. Similarly, no injuries, orthopaedic disorders or infectious diseases were discovered. In conclusion, it was noted that the applicant was “practically healthy”. Accordingly, the applicant was not transferred to the Ministry of Justice's Medical Facility for in-patient treatment. 68.     On 8 January 2007 the applicant was again examined by Dr   Abbasaliyev, who noted that his general condition was good and stable. 69.     On 17 January 2007 the applicant's lawyer requested to be provided with copies of all the applicant's medical records for the purpose of submitting them for an “alternative” expert examination, to be carried out at the applicant's expense by experts appointed by the defence. In reply, on 26   January 2007 the MNS investigator ordered a complex medical examination ( komisyon məhkəmə tibb ekspertizası ) of the applicant by the country's leading medical experts. 70.     The complex medical examination was carried out by a commission of ten medical experts, each with between 25 and 55 years' professional experience and holding advanced degrees in medical science. The commission consisted of five cardiologists, one neuropathologist, one haematologist, one pulmonologist and two forensic experts. The expert opinion was issued on 2 February 2007 and consisted of 34 pages. According to the expert opinion, the experts examined in detail the applicant's medical records and concluded that the applicant suffered from neurocirculatory dystonia accompanied by high arterial pressure, a condition which was primarily caused by the emotional stress experienced by him as a result of the drastic change in his lifestyle brought about by his arrest. This diagnosis was confirmed by the fact that arterial pressure was quickly normalised after taking necessary medications and that no serious disorders had been revealed by various tests (ECG, echo tests, blood tests and biochemical tests). The analysis of medical records showed that the applicant's complaints of feeling unwell were often of a “subjective character” and were not confirmed by laboratory tests and examinations carried out in response to his complaints. Since the applicant's condition had not seriously deteriorated during the previous three years and since he could usually be quickly relieved of feelings of discomfort by taking calmative and vasodilator medications, the applicant's condition could be characterised as belonging to a group of widespread ordinary “functional” conditions caused by emotional stress. The experts further dismissed the opinion of Dr Thomas, noting that it was based on misrepresented facts and contained recommendations inconsistent with his own analysis. In conclusion, the experts noted that the applicant's general condition was satis