CEDH · CASELAW;JUDGMENTS;CHAMBER;ENG — 20 mai 2021

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margin-bottom:12pt; text-indent:14.2pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .sA7926C75 { margin-top:48pt; margin-bottom:0pt } .s53CE0290 { width:176.96pt; display:inline-block } .sB6A960C { width:25.31pt; display:inline-block } .s7EA9840A { width:221.01pt; display:inline-block } .s9FA8FCEA { margin-top:24pt; margin-bottom:12pt; text-indent:14.2pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt }   FIFTH SECTION CASE OF LAPSHIN v. AZERBAIJAN (Application no. 13527/18)     JUDGMENT   Art 2 (procedural) • Ineffective investigation into prison incident putting the applicant’s life at risk • Omissions and unexplained discrepancies in the domestic authorities’ conduct • Art 2 applicable given the serious and imminent risk to the applicant’s life, his survival due to urgent medical intervention, his ensuing critical condition and constant medical treatment Art 2 (substantive) • Positive obligations • State’s failure to satisfy burden of proof by providing satisfactory and convincing explanation as regards the incident • Court unable to conclude that version of attempted suicide version held up   STRASBOURG 20 May 2021 FINAL   11/10/2021     This judgment has become final under Article 44 § 2 of the Convention. It may be subject to editorial revision. In the case of Lapshin v. Azerbaijan, The European Court of Human Rights (Fifth Section), sitting as a Chamber composed of:   Síofra O’Leary, President,   Mārtiņš Mits,   Stéphanie Mourou-Vikström,   Jovan Ilievski,   Lado Chanturia,   Arnfinn Bårdsen, judges,   Ceyhun Qaracayev, ad hoc judge, and Victor Soloveytchik, Section Registrar, Having regard to the application (no.   13527/18) 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 Israeli, Russian and Ukrainian national, Mr Alexander Valeryevich Lapshin (“the applicant”), on 7 March 2018; the decision to give notice to the Azerbaijani Government (“the Government”) of the applicant’s complaints under Articles 2 and 3 of the Convention; the decisions of the Russian and Ukrainian Governments not to intervene in the case; the withdrawal of Lәtif Hüseynov, the judge elected in respect of Azerbaijan, from sitting in the case (Rule 28 § 3 of the Rules of Court) and the decision of the President of the Section to appoint Ceyhun Qaracayev to sit as an ad hoc judge (Article 26 § 4 of the Convention and Rule 29 §   1   (a)); the parties’ observations; the respondent Government’s unsolicited submission of 1 April 2021, and the decision not to admit it to the case file; Having deliberated in private on 6 April 2021, Delivers the following judgment, which was adopted on that date: INTRODUCTION 1.     The case concerns mainly the applicant’s complaints under Article 2 of the Convention that there was an attempt to his life in prison, and that the domestic authorities failed to investigate the circumstances of the case. THE FACTS 2.     The applicant was born in 1976 and lives in Haifa, Israel. The applicant was represented by Ms K.A. Moskalenko and Ms A. Maralyan, lawyers practising in Strasbourg. 3.     The Government were represented by their Agent Mr Ç. Əsgərov. 4.     The facts of the case, as submitted by the parties, may be summarised as follows. Background to the case 5.     The applicant is a blogger and traveller. 6.     When working for his blog posts, in April 2011 and October 2012 the applicant travelled to the Nagorno-Karabakh region in a manner considered unlawful in terms of the Azerbaijani law. In this connection, the Azerbaijani authorities issued an international arrest warrant in respect of the applicant. 7.     On the basis of the international arrest warrant, in December 2016 the applicant was arrested in Belarus. On 7 February 2017 he was extradited to Azerbaijan. 8.     In Azerbaijan the applicant was placed in Kurdakhany prison. 9.     On 20 July 2017 the applicant was convicted in Azerbaijan for unlawfully traveling to Nagorno-Karabakh (Article 318.2 of the Criminal Code: Crossing the State border outside the checkpoints). He was sentenced to three years’ imprisonment and a mandatory expulsion from Azerbaijan after he has served his prison sentence. Following his conviction, the applicant instituted the relevant proceedings for his transfer to Israel where he would serve the prison sentence. 10.     On 11 September 2017 the applicant was pardoned by the President of Azerbaijan. The Government provided two letters, dated 11 and 13   September 2017, allegedly handwritten by the applicant in Russian thanking the President for pardoning him and thanking the prison officers for saving him in prison in the context of the incident of 10 September 2017, described below (see paragraphs 12-19 below). The Government submitted that these two letters had been written on 11 September 2017. The applicant denied writing them (see paragraphs 67, 69 and 90 below). 11.     On 14 September 2017, immediately after his discharge from the hospital (see paragraph 19 below), the applicant was expelled to Israel. The incident of 10 September 2017 12.     According to the applicant, on 10 September 2017, at about midnight, while he was about to fall asleep in his cell in Kurdakhany prison, where he was kept isolated from other inmates, the doors of the cell opened and he was attacked by a group of masked men. One of the attackers held his hands and legs, another one threw something (pillow or blanket) on his face and a third one jumped on him and started strangling him with his hands. The applicant was also beaten during the attack. Soon after the attack began the applicant lost consciousness. He regained consciousness after spending some two days in an intensive medical care unit. He did not have voice, did not feel his tongue and the right side of the face, and he had difficulties moving his right foot and hand. He also had hearing impairments and could not at first properly coordinate his movements. 13.     According to the Government’s version of the events, on 9   September 2017 the applicant was expecting the arrival of his spouse, together with their minor child, to visit him in prison. At the time, he was held in the medical unit due to certain health issues. However, the child got seriously ill in Tbilisi, Georgia, on their way to Baku. On the day of the expected visit, the applicant learned this after talking twice to his wife on the phone. Thereafter the prison officers noticed that the applicant became depressed so the superintendent decided that he should be under constant control in order to prevent him from taking any adverse actions. On 10 September 2017 at 10.05 a.m. the prison guard A.A. observed that the applicant had gone to the sanitary facility of his cell. A.A. reported this to the superintendent Z.I., who ordered A.A. to control whether the applicant would respond regularly to calls. Approximately three minutes later, A.A. called the applicant and the applicant replied that he was in the in-cell sanitary facility. When A.A. called the applicant for the second time, the applicant did not respond. Thus, approximately at 10.12 a.m., A.A. and Z.I. entered the room and found the applicant hanged on the towel rack on the wall, using a shoulder strap. They immediately took the applicant off the loop and put him on the bed and proceeded with artificial respiration. At 10.42 and 11.35 a.m. two emergency medical service teams attended to the applicant and at 1.05 p.m. he was taken to the medical centre. 14.     According to a medical report available to the Court in Azerbaijani and English entitled “Epicrisis” of the Merkezi Clinic in Baku, dated 14   September 2017, the applicant was brought to that clinic on 10   September 2017 at 1.05 p.m. accompanied by a prison doctor. The description of the applicant’s condition and his treatment flowing from the report may be summarised as follows. 15.     At the moment of the arrival, the applicant was unconscious and could not express any complaints. However, the “surrounding persons” explained that in early hours the prison staff had found him in the cell with “violated consciousness and insufficient breath”. He had been immediately given first aid and his life functions had been restored. However, his consciousness had not been completely restored and his condition had not stabilised so he was taken to the Merkezi Clinic. 16.     At admission to the Merkezi Clinic the applicant was under sedation, his speech was not clear and a psychomotor agitation was observed. There were no visible changes in his musculoskeletal system. He had a surrounded red spot in the frontal surface area of the throat and his breathing was quickened with crepitation. A further CT examination of the throat revealed that there was a linear break in the left part of the hyoid bone. 17.     After the admission, the applicant was immediately taken for intubation in the reanimation unit, where he was connected to the relevant apparatus. Throughout the day his general condition was half-serious and he was sedated. In the morning hours of the next day, 11 September 2017, the applicant’s general condition was medium. He started breathing spontaneously but with difficulties. The sedation was discontinued and the applicant was able to answer questions with gestures. He had difficulties talking. He underwent several examinations, including by a psychiatrist. On the same day in the afternoon, at 4 p.m., the applicant’s consciousness was clear and he continued breathing spontaneously. He had dysphonia and respiratory tension while talking. 18.     On 12 September 2017 the applicant’s consciousness was clear and his breathing was satisfactory. However, he had difficulties swallowing so was fed through a venous catheter. On the next day, 13 September 2017, the dysphonia and the swallowing difficulties were still present, so feeding through the venous catheter continued. However, no locomotive limitation was observed in extremities. The applicant was examined by doctor R.C. Some ecchymotic areas at frontal tongue “related to biting” were observed. Problems with vocal chords were also observed. 19.     On 14 September 2017 the applicant and his relatives “absolutely refused [further] examination and treatment in general reanimation section, and they return[ed] to Israel.” the domestic inquiry 20.     According to the Government, after the incident of 10 September 2017, an official inquiry was immediately instituted to establish the circumstances of the case. The inquiry was conducted by an investigator of the Sabuncu District Prosecutor’s Office. 21.     The Government provided to the Court several documents – in the original language and English translations – concerning the inquiry they referred to. These documents may be summarised as follows. 22.     According to a Protocol on the examination of the incident scene prepared by a senior investigator of the Sabuncu District Prosecutor’s Office, dated 10 September 2017, the inspection of the scene was conducted on the basis of the prison authorities’ report of attempted suicide by the applicant in the prison’s medical-sanitary department. The Protocol recorded that the applicant’s cell was located on the second floor of the department. There was a surveillance camera attached to the celling of the corridor. The metal door of the cell was equipped with a peephole and air hole. In the cell, there were several items of personal belongings, namely a notebook, pen, empty envelopes and an electric kettle. There were also two beds that were tidy and the whole cell was tidy too, with no signs of destruction and fighting. The sanitary facility was placed in the corner of the cell and separated from the remainder of the cell by a plastic door. Inside the sanitary facility there was a wall hook placed at the height of 1,90 m from the ground. To the right of the wall hook there was a tightly fixed nail which was also used as a wall hook. The nail was metal and the length of its visible part was 3 cm. During the inspection, the senior guard Z.I. stated that he had found the applicant hanged on the nail in question with a loop on his neck. The inspection found a belt made of hard material on the junction of the sanitary facility and the entrance door. The belt was 0,9 m long and there was a loop on the belt. There were also two hoops located on the edge of the belt beyond the loop. The Protocol concluded that “[n]o other items, having importance for the case, were found.” The Protocol was accompanied with photographs, which depict, amongst other, a belt tight in a loop positioned on the floor. 23.     According to an undated record containing a statement of the senior prison guard Z.I., on the day of the incident he was in charge of supervising the work of two on-duty guards, A.A. and T.A. At around 10.05 a.m., A.A. informed Z.I. that the applicant had entered the in-cell sanitary facility so Z.I. instructed A.A. to report if the applicant would linger in there or would not respond to calls. At around 10.12 a.m., A.A. reported to Z.I. that the applicant had not responded to calls so they immediately entered the cell. In the in-cell sanitary facility they found the applicant hanged with a belt of his bag on the nail designed for hanging towels. He was unconscious. Z.I. started lifting him on his feet and the other guard opened the knot of the belt. Z.I. then started providing artificial respiration to the applicant. The prison doctors were also called in. At around noon the applicant was taken by an ambulance to the specialised hospital. Z.I. could not explain the applicant’s conduct. However, the applicant had told him two days before that he had spoken to his wife who could not come to visit him because their child got sick. The applicant had been in bad mood over this so Z.I. informed the prison’s hierarchy. The head and deputy head of the prison and the head of the medical unit had spoken to the applicant on 9 September 2017. Z.I. also confirmed that the applicant had never before attempted to commit suicide in the prison. 24.     According to an undated record containing a statement of the prison guard T.A., he was on duty on the day of the incident with A.A. Their work was supervised by Z.I. A few minutes after 10.05 a.m. A.A. called the applicant, who had entered the in-cell sanitary facility, but the applicant did not answer. They immediately reported that to Z.I. and they entered the cell. They found the applicant hanged with a belt of his bag on the nail for hanging towels. Z.I. lifted the applicant while T.A. and A.A. opened the knot on the belt and hanged the belt [somewhere] in the room. They also provided artificial respiration to the applicant and splashed his face with water. Afterwards the applicant was provided medical aid by doctors and he was taken to the hospital. T.A. did not hear that the applicant had ever attempted suicide. However, the applicant had said to T.A. that he was worried about and missing his family. Two days before the incident the applicant had learned that his child got sick and was anxious over that. He was thus treated with care in prison. 25.     An undated statement of the prison guard A.A. confirmed that on the day of the incident he was on duty with T.A. and under the supervision of Z.I. After he had seen that the applicant entered the in-cell sanitary facility at around 10.05 a.m., A.A. reported the matter to Z.I., who instructed him to report if the applicant would linger in there. A few minutes later, A.A. called the applicant and he answered. However, soon afterwards A.A. again called the applicant and got no reply. A.A. therefore reported the matter to Z.I. and they entered the cell. They saw the applicant hanged with a belt of his bag on the nail for hanging towels. Z.I. immediately started lifting the applicant while A.A. and T.A. opened the knot on the belt. They then put the applicant on the floor and provided artificial respiration. They also splashed water on his face. Afterwards the medical services intervened and the applicant was taken to a specialised hospital. A.A. had no information that the applicant would have ever attempted suicide in prison. The applicant had only told them how he missed his family. A.A. heard that a day or two before the incident the applicant’s child had fallen ill so the applicant had been worried about that. 26.     By a decision of 4 October 2017, the investigator refused to initiate a criminal case into the incident. In his decision, the investigator referred to the Protocol on the inspection of the scene, the statements of witnesses (Z.I., the head and a doctor of the prison’s medical-sanitary department, as well as two medical assistants, and the prison guards T.A. and A.A.) and documents from the prison files. He also referred – without further specification – to a “medical epicrisis issued regarding [the applicant] on 11 September 2019”. 27.     On the basis of this evidence, the investigator found that the applicant had attempted to commit suicide in prison and that no elements of criminal responsibility existed in that respect. The investigator also noted that on 8 September 2017 the applicant had spoken to his wife and learned that his child had fallen ill while traveling to visit him in Azerbaijan. The child had a fever and was admitted to a hospital. The applicant had missed his family and had been in a bad mood. 28.     The investigator’s decision indicated that it should be served on the applicant, who should be advised of the right to appeal before the relevant prosecutor or the court. There is no indication or evidence available to the Court of any steps taken to serve the decision on the applicant. other developments concerning the CASE The applicant’s medical examinations and expert evidence The applicant’s medical examinations in Israel 29.     Upon his arrival in Israel, on 14 September 2017 (see paragraph 19 above), the applicant was admitted to the Chaim Sheba Medical Centre in Tel Aviv, where he underwent physical and psychiatric examination. 30.     According to a discharge letter of the Chaim Sheba Medical Centre of 14 September 2017, there were indications of a strangulation attempt. However, as it was not clear whether this was the result of a suicide attempt or a violent attack, a psychiatric examination was requested. 31.     A report on the psychiatric examination of the same day noted that the applicant had visible signs of strangulation and multiple bruises. In the course of the psychiatric interview, the applicant denied any suicidal thoughts and argued that somebody had tried to kill him in prison. The impression of the psychiatrist was that there was no evidence of psychosis or dangerousness or affective disturbances. A diagnosis of possible acute stress disorder was made. 32.     In the next several days the applicant underwent further medical examinations in Israel. 33.     According to a medical report of 17 September 2017, the applicant complained that he had been subjected to strangulation by hanging in a prison in Azerbaijan. A neurological examination found that the applicant regained speech and swallowing functions and physical strength, except for the inability to lift the right arm. He had a trace of prick in the right shoulder area with signs of hematoma. He also had hematoma on the right and left forearms. 34.     A medical report entitled “Visit summary” of 25 September 2017, issued by the Rambam Medical Campus, noted that the applicant alleged that on 10 September 2017 other inmates in a prison in Azerbaijan had tried to strangle him with a rope. He had ended up in an intensive care unit and started breathing spontaneously only on 13 September 2017. Since then he had difficulties speaking and hardly managed to eat or drink.   The “Visit summary” report also referred to a medical examination of 18 September 2017 which had found signs of strangulation on the skin of the applicant’s throat. These signs were no longer visible in a follow up examination. In sum, the “Visit summary” report found that the “patient suffered a blunt trauma of the throat two weeks ago”. The medial expert reports provided by the applicant 35.     The applicant privately commissioned two medical expert reports concerning his injuries. In this connection, for the purpose of the medical reports he provided the available documents concerning his medical treatment in Azerbaijan and Israel and a series of photographs apparently depicting the injuries he had sustained in the impugned incident. These photographs, also available to the Court, show bruises and contusions on the applicant’s face, tip of the nose, other probably upper parts of the body, left inner forearm, and the right hand. 36.   According to a report produced by a team of Russian doctors, undated, the applicant did not try to commit suicide by hanging as many indications of a hanging process were missing such as the lack of spinal, fracture on the base of the skull, different characteristic haemorrhages, vomiting and urinary and bowel incontinence. According to the report, there was a simulation of a suicide attempt by unidentified persons, namely strangulation of the applicant and then a simulation of hanging. 37.     According to a report produced by a forensic expert from Croatia of 28 February 2018, the applicant sustained a number of blunt force injuries of the face, body and arms. These injuries had been sustained several days before they were mentioned in the medical documentation and several days before the available photographs were taken. These blunt force injuries have been applied by third party(ies). In addition, the applicant was strangulated (manual strangulation) that resulted with hyoid bone fracture, laryngeal oedema and ecchymolic haemorrhage in oral cavity at frontal tongue, as well as soft tissue trauma of muscular structure with the consequences of voice weakness and difficulty swallowing. This type of strangulation was caused by third party(ies). It could be classified as an attempted murder. All injuries that the applicant sustained could not be the result of a suicide attempt. 38.     The forensic expert further recommended asking for the medical documentation from the prison and a report from the prison staff who found the applicant in his cell providing description on how and where exactly he was found. The expert also recommended clarifying how could it be possible that the first medical documentation from the Merkezi Clinic had not described or even mentioned any injuries while the following one produced by the Chaim Sheba Medical Centre recorded (although without any description) signs of strangulation and multiple bruises. The medical expert report provided by the Government 39.     After the notice of the present case was given to the Government, they commissioned an expert report from the Scientific-Practical and Educational Association of Forensic Medical Expertise and Pathological Anatomy of the Ministry of Healthcare of Azerbaijan. 40.     On 19 April 2019 a report was prepared by a team of experts. It would appear that the experts had at their disposal various medical and other records and reports concerning the incident at issue, including some of those available to the Court (see paragraphs 14-19, 30-34 and 36 above). 41.     The findings of the expert report may be summarised as follows. Where appropriate, reference is made to the documents to which the experts referred in their report. 42.     According to a first intervention report of the prison medical team, upon their arrival to the cell they found the applicant on the floor and the prison guards providing him artificial respiration. The medical team immediately administered a comprehensive first medical aid, which included cardiac massage and mouth-to-month and mouth-to-nose resuscitation as well as administration of different injections. The applicant had a visible strangulation mark on the neck. A large amount of urinary excretion was also found. 43.     In his “explanation” of 10 September 2017 the senior prison guard Z.I. stated that at around 10.15 a.m. he had looked through the peephole of the applicant’s cell and saw that the applicant was not there. Z.I. had therefore entered the cell and opened the door of the in-cell sanitary facility, where he found the applicant trying to commit suicide by hanging himself on a wall hook with the belt of his bag. Z.I. had immediately reported this to his hierarchy and called other guards on duty. Together they had prevented the applicant from committing suicide and afterwards the medical team took over. 44.     In an “explanation” of 10 September 2017, the prison guard T.A. stated that at around 10.15 a.m. Z.I. had called him to come to the applicant’s prison cell. Upon his (T.A.’s) arrival there, he had seen that the applicant was trying to commit suicide by hanging himself on a wall hook with the belt of his bag. Together with Z.I. they had prevented the applicant from committing suicide and afterwards the medical team took over. 45.     In an “explanation” of 10 September 2017, the prison guard A.A. stated that at around 10.15 a.m. he had called Z.I. to come to the applicant’s cell. When A.A. had entered the cell he saw the applicant in the in-cell sanitary facility hanging himself on a wall hook with the belt of his bag. Together with Z.I. they had prevented the applicant from committing suicide and afterwards the medical team took over. 46.     An “explanation” of 10 September 2017 was also provided by the assistant to the chief of the shift A.I. He stated that at around 10.15 a.m. Z.I. had reported to him via internal telephone line that the applicant had attempted to commit suicide by hanging himself on a wall hook with the belt of his bag. A.I. had then informed the medical team, who took over the applicant’s treatment. A.I. also confirmed that the applicant’s security was fully ensured by the prison guards. 47.     According to a psychiatric report from the prison of 11 September 2017, the reason for the applicant’s act of self-harm was the fact that his family lived abroad, his child was in hospital and conflict had arisen in the sphere of inter-personal relationship. This psychiatric report was allegedly based on the observations and conversations with the applicant. 48.     The expert report also referred to eight photographs depicting the various injuries which the applicant sustained. Three photographs said to have been taken in the Merkezi Clinic on 10 September 2017, while other photographs were taken elsewhere, probably in Israel. According to the experts, the appearance of the traces on the applicant’s neck differed when comparing the two groups of photographs. The experts considered the traces depicted on the photographs taken in Israel to be an artefact. 49.     The experts also challenged the findings of the expert report provided by the Russian doctors (see paragraphs 36 above), pointing to the alternative conclusions on the dynamic of injuries which the applicant had sustained. In particular, they considered that certain indications confirmed the suicide attempt by hanging, such as information from the initial medical report showing, according to the experts, that the applicant had urinary and bowel incontinence. Moreover, the medical reports recorded a tongue injury, which was often observed in cases of hanging. The visible injuries on the applicant’s forearms resulted when the intravenous injections had been administered during the provision of the first aid, while some other injuries could have resulted from convulsions during the hanging and banging against the wall. 50.     In conclusion, the experts found that on 10 September 2017 at about 10.15 a.m. the applicant had hanged himself on the wall rack in the in-cell sanitary facility but was saved thanks to the vigilance of the prison guards. In this connection, the experts also noted inconsistencies in the applicant’s account of the events as recorded in different medical records. However, they considered that this was confabulation resulting from amnesia (loss of some part of memory), which occurs during hanging. The applicant’s complaints to the Azerbaijani authorities 51.     On 1 February 2018 the applicant sent an email to the Deputy Prosecutor General of Azerbaijan requesting information about the investigation into the incident of 10 September 2017, which he considered to be attempted murder against him. He also explained that he was not able to travel to Azerbaijan to pursue his complaints as he was on a published list of undesirable persons in Azerbaijan so his entry to the country was prohibited. 52.     According to the applicant, as he received no reply, on 17 February 2018 he sent a letter to the Deputy Prosecutor General of Azerbaijan requesting information on the course of investigation into the attempted murder against him (in his letter the applicant described the incident in the manner as noted in paragraph 12 above). The applicant stressed in his letter that on 15 September 2017 he had voiced his allegations of attempted murder in interviews given to several Russian, Israeli, Armenian, Ukrainian, British and American media outlets. 53.     The applicant explained that his letter to the Deputy Prosecutor General of Azerbaijan was dispatched from Latvia where he was at the time traveling. In this connection, the applicant provided a postal dispatch slip of the Latvian post indicating that an item was sent on 17 February 2018 to the Prosecutor General’s Office of the Republic of Azerbaijan. The applicant also provided a postal delivery report indicating that the same item was delivered at destination on 28 February 2018. However, he never received a reply to his complaints. 54.     According to the Government, the Prosecutor General’s Office did not receive the applicant’s letter. After the notice of the present case was given to the Government, the Prosecutor General’s Office instructed an internal inquiry into the matter. 55.     On 26 April 2019 the Ministry of Transport, Communications and High Technologies of Azerbaijan reported to the Prosecutor General’s Office that a postman had lost the letter in unknown circumstances and that the letter had not therefore been delivered at its destination. This report was accompanied by a statement of the postman explaining that due to serious health issues (not specifying which) and huge workload he had not been able to perform his duties properly at the relevant time. He could not remember in which circumstances he had lost the letter and the absence of the recipient’s signature on the delivery note proved this. The postman’s statement was supported by a statement of the Deputy Head of the relevant post department. Other relevant facts 56.     The applicant provided to the Court two CDs allegedly containing audio recordings of the following telephone conversations: -     On 8 September 2017 between the applicant (from prison) and his wife. The applicant’s wife informed the applicant that she would not be able to visit him in prison because their daughter was unwell. They also discussed the applicant’s anticipated transfer from Azerbaijan and whether that could happen before the end of the month; -     On 11 September 2017 between the applicant’s wife and the prison staff. In the conversation, the applicant’s wife mentioned that early on that day a “decree” had been signed ordering the applicant’s release. She insisted speaking to the applicant but a prison guard said that it was not possible at the moment and reassured her that the applicant was fine. 57.     The applicant also provided to the Court a certified English translation of a document issued by the Global Consular Service of the Israeli Ministry of Foreign Affairs, dated 13 February 2019, informing the applicant that the Israeli authorities had received messages from the Azerbaijani authorities stating that in response to the various publications in the media ascribed to the applicant the Azerbaijani authorities intended to renew criminal proceedings against him, with all the ensuing consequences. RELEVANT LEGAL FRAMEWORK 58.     Article 318.2 of the Criminal Code proscribes, inter alia , crossing of the State border of the Republic of Azerbaijan outside the border checkpoints. Other relevant domestic law has been summarised in Mustafayev v. Azerbaijan , no. 47095/09, § 38, 4 May 2017. THE LAw PRELIMINARY issue 59.     The Government submitted that the applicant had not been properly represented before the Court. In their view, the contact between the applicant and his representatives was of a formal character and did not allow the applicant to have knowledge of the proceedings. This was clear from some misconceived Facebook posts made by the applicant about the course of the present proceedings before the Court. 60.     The applicant insisted that he had duly given a power of attorney to his representatives before the Court and that he was in constant contact with them. This was obvious from the fact that he had provided them with a number of handwritten statements explaining various aspects of the case pending before the Court. The applicant also denied that the Facebook posts had been published on his Facebook account (see paragraph 69 below). 61.     The Court reiterates that an applicant’s representative must not only supply a power of attorney or written authority (Rule 45 § 3 of the Rules of Court) but that it is also important that contact between the applicant and his or her representative be maintained throughout the proceedings (see V.M. and Others v. Belgium (striking out) [GC], no. 60125/11, § 35, 17   November 2016). 62.     In the present case, the applicant is represented before the Court on the basis of a written power of attorney issued to Ms Moskalenko and Ms   Maralyan. It is not in dispute between the parties that during the proceedings the representatives had also relied upon and provided to the Court a number of written explanations given by the applicant. There is therefore nothing in the case file that could call into question the representatives’ account of their continuous contact with the applicant. This conclusion is not called into question by the Government’s arguments as regards the applicant’s alleged Facebook posts, which is a matter that the Court will address below in the context of the Government’s objection of abuse of the right of individual application (see paragraph 79 below). 63.     In view of the above, the Court dismisses the Government’s objection. ALLEGED VIOLATION OF ARTICLE 2 OF THE CONVENTION 64.     The applicant complained that there had been an attempt to his life in prison, and that the domestic authorities had failed to investigate the circumstances of the case. 65.     The applicant relied on Article 2 of the Convention, which reads as follows: “1.     Everyone’s right to life shall be protected by law. No one shall be deprived of his life intentionally ... 2.     Deprivation of life shall not be regarded as inflicted in contravention of this article when it results from the use of force which is no more than absolutely necessary: (a)     in defence of any person from unlawful violence; (b)     in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; (c)     in action lawfully taken for the purpose of quelling a riot or insurrection.” Admissibility The parties’ arguments (a)    The Government 66.     The Government submitted that the applicant had failed to exhaust the domestic remedies with respect to the investigator’s decision not to open a criminal case into the incident of 10 September 2017 which he could have challenged before a court. They stressed that at the time of the adoption of this decision the applicant had already left Azerbaijan and his whereabouts had been unknown to the Azerbaijani authorities. Nevertheless, it had been open to the applicant to seek that decision from the authorities. In this connection, with respect to the applicant’s letter allegedly sent to the Prosecutor General’s Office from Latvia, the Government argued that it had been established that this letter had never reached its destination. Moreover, there was no evidence that it was the applicant’s letter available now to the Court that had actually been sent from Latvia. The Government further stressed that the applicant had failed to indicate the return address on the letter so it would not have been possible for the Azerbaijani authorities to reach him. The Government also argued that the letter was undated and that one-time attempt to reach the authorities could not satisfy the requirement of necessary diligence to exhaust the domestic remedies. 67.     The Government contended that the applicant had abused the right of individual application for several reasons. In particular, he had made on Facebook disparaging and highly offensive statements concerning the Government’s Agent. The medical expert report produced by a group of Russian doctors which the applicant provided to the Court was unreliable and the doctors who produced the report were not experts but simply physicians specialised in paediatrics. The applicant had also misled both the Russian doctors and the Croatian forensic expert by not providing them the relevant information. The applicant sought to mislead the Court by arguing that he had not written the letters sent to the Azerbaijani President. However, the Government had obtained a handwriting expert report finding that he had written the letters. Moreover, the applicant had made various other arguments before the Court which were misleading. He had not provided the proper translation of the letter which he had received from the Israeli authorities. The audio recordings of telephone conversation which he had provided to the Court contained no reference to the date or time when those conversations took place and were thus not admissible as evidence. (b)    The applicant 68.     The applicant stressed that the investigator’s decision not to open a criminal case into the incident of 10 September 2017 had never been served on him. However, the Azerbaijani authorities had been aware of his address in Israel. In any event, they could have sent him that decision electronically. The applicant further pointed out that he had first made his complaints to the Prosecutor General’s Office on 1 February 2018 via email. However, as he received no reply, he sent a letter on 17 February 2018 via post from Latvia, where he travelled at the time. Thus, the Government’s arguments as regards the second letter that had allegedly been lost could not apply as regards the email sent on 1 February 2018. Moreover, the applicant argued that he had no effective remedies in Azerbaijan. In particular, according to the information provided by the Israeli authorities (see paragraph 57 above), it did not appear possible for him to return back to Azerbaijan. He also contended that he had explained to the Prosecutor General’s Office that he had been on a list of undesirable persons in Azerbaijan. Moreover, he was perceived as a supporter of Armenia and an “Armenian spy” and thus any complaint he might have had was without any prospect of success. 69.     The applicant submitted that he had duly presented all relevant facts to the Court and that it was the Government who made insulting statements against his honour and dignity, and had sought to mislead the Court. He argued that the Facebook account from which the disparaging statements had been made did not belong to him. It contained incorrect information about his education, place of residence and other personal details. In this connection, the applicant suggested that he had been the target of Azerbaijani media and politicians who sought to discredit him.   The applicant insisted that he had provided all available materials he had to the medical experts. He stressed that the Russian doctors who provided the expert report had been experienced medical doctors and thus qualified as experts, while paediatrics was their additional qualification. The applicant further argued that in one of the recorded telephone conversations his wife made reference to the fact that on that day the applicant had been pardoned. The date of the recording could therefore be established. As regards the Israeli authorities’ document, the applicant pointed out that he had provided a certified English translation of it. The applicant further insisted that he had not written the letters of 11 and 13 September 2017 to the Azerbaijani President as that was impossible given his health condition at that time. He also contended that the handwriting expert report could not be accepted as it was one-sided. The Court’s assessment (a)    Applicability of Article 2 of the Convention 70.     The applicability of Article 2 in the circumstances of the present case has not been disputed by the parties. However, this being a matter that goes to the Court’s jurisdiction and which the Court must establish on its own motion (see, for instance, Jeanty v. Belgium , no. 82284/17, § 58, 31   March 2020), it finds it appropriate to note the following. 71.     According to the Court’s case-law, the protection of Article 2 of the Convention may be invoked not only in the event of the death of the victim of violent acts. Article 2 also comes into play in situations where the person concerned was the victim of an activity or conduct, whether public or private, which by its nature put his or her life at real and imminent risk and he or she has suffered injuries that appear life-threatening as they occur, even though he or she ultimately survived (see, most recently, Tërshana v.   Albania , no. 48756/14, § 132, 4 August 2020, with further references). 72.     In the present case, the medical and other evidence available to the Court clearly shows that as a result of the incident of 10 September 2017 the applicant’s life was at serious and imminent risk and that he survived due to the urgent medical intervention. His situation remained critical for several days after the incident and required constant medical treatment, including reanimation and feeding through a venous catheter (see paragraphs 15-18 above). 73.     It therefore follows, leaving aside at this point the parties’ different accounts of the circumstances of the case, that Article 2 is applicable, even though the applicant ultimately survived. (b)    Exhaustion of domestic remedies 74.     The general principles on exhaustion of domestic remedies are set out in Vučković and Others v. Serbia ((preliminary objection) [GC], nos.   17153/11 and 29 others, §§ 69-77, 25 March 2014). 75.     The Court notes that there is no dispute between the parties that the decision of the investigator of the Sabuncu District Prosecutor’s Office not to open a criminal case concerning the incident of 10 September 2017 (see paragraph 28 above) was not served on the applicant. Although it is true that when that decision was adopted the applicant was no longer in Azerbaijan, there is no indication that the Azerbaijani authorities took any measure, such as through the diplomatic channels with Israel to which the applicant was expelled (see paragraph 57 above, concerning the exchange of information between the two countries) or otherwise, to establish his whereabouts and to serve that decisi