CEDH · CASELAW;COMMUNICATEDCASES;ENG — 3 septembre 2018

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .sBB9EE52A { font-family:Arial } .sA6BC7FA7 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:right } .s9793A85B { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s8229ABDD { margin-top:0pt; margin-bottom:12pt; text-align:center } .s68C46B95 { margin-top:36pt; margin-bottom:12pt; text-align:center } .s3F59B822 { font-family:Arial; font-weight:bold; text-transform:uppercase } .s7ACB8D74 { margin-top:0pt; margin-left:14.2pt; margin-bottom:0pt; text-indent:14.2pt } .sA36B60A1 { font-family:Arial; font-style:italic } .sCB9E0544 { margin-top:0pt; margin-bottom:0pt; text-align:left } .s76CF415B { page-break-before:always; clear:both } .s75A32C27 { border-collapse:collapse } .s3695F815 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top; background-color:#dfdfdf } .s2EF62ED2 { margin-top:0pt; margin-bottom:0pt; font-size:12pt } .sEECE831 { font-family:Arial; font-weight:bold; color:#474747 } .sE8934522 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top } .s6B505E72 { margin:0pt; padding-left:0pt } .s8F670191 { font-family:Arial; font-size:12pt; list-style-position:inside } .s29100277 { font-family:Arial; font-weight:bold } .s32563E28 { margin-top:0pt; margin-bottom:0pt }   Communicated on 3 September 2018   FIFTH SECTION Application no. 37457/09 Polad Siyavush oglu GASIMOV against Azerbaijan and 4 other applications (see list appended) SUBJECT MATTER OF THE CASES The applications mainly concern the applicants’ complaints of detention without legal basis. The domestic courts dismissed the applicants’ complaints of unlawfulness of their detention. QUESTIONS tO THE PARTIES 1.     Were the applicants deprived of their liberty in breach of Article 5 § 1 of the Convention? In particular, did the deprivation of liberty fall within the paragraphs of that provision? In this connection, was the detention of the applicant in application no. 48475/12 without a court order during the periods between 18 April and 3 May 2012 and between 3 and 22 June 2012 in breach of Article 5 § 1 of the Convention?   2.     Was the applicant in application no. 37457/09 subjected to inhuman or degrading treatment, in breach of Article   3 of the Convention? In particular, as part of the relevant safeguards against ill-treatment: (i)     was the applicant informed of his rights? If so, when, and what rights was he informed about and (ii)     was he given the possibility of informing his family about his apprehension and, if so, when? Having regard to the procedural protection from 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?   3.     Was the applicant in application no. 37457/09 informed of the reasons for his detention, as required by Article 5 § 2 of the Convention?   4.     Did the domestic courts give sufficient and relevant reasons for the detention of the applicant in application no. 33162/13 for the purposes of Article 5 §   3 of the Convention?   5.     Did the applicant in application no. 37457/09 have a fair hearing in the determination of the criminal charges against him, in accordance with Article   6 §§ 1 and 3 of the Convention? In particular, have the requirements of a fair trial been satisfied as regards the admission into evidence of the incriminating statements made by the applicant and his co-accused to the prosecuting authorities, which were then retracted at a later stage of the proceedings? Was the principle of equality of arms respected as regards the conditions afforded to the defence to present its case? Was the applicant informed in a language which he understood and in sufficient detail of the nature and cause of the accusation against him, as required by Article   6 §   3   (a) of the Convention? Was the applicant afforded adequate facilities to prepare his defence, as required by Article 6 § 3 (b) of the Convention? Was the applicant able to defend himself through legal assistance, as required by Article   6 §   3   (c) of the Convention, in particular, at the initial stage of the proceedings? Was the applicant able to obtain the attendance of witnesses on his behalf under the same conditions as witnesses against him and to examine witnesses against him, as required by Article   6 § 3   (d) of the Convention?   6.     Has there been an interference in application no. 41673/17 with the applicant’s freedom of expression, within the meaning of Article 10 § 1 of the Convention? If so, was that interference prescribed by law and necessary in terms of Article 10 § 2 of the Convention?   7.     Has there been an interference in application no. 76810/17 with the applicant’s right to peaceful enjoyment of his possessions under Article 1 of Protocol No. 1 to the Convention on account of the seizure and retention of his money by the police officers?   APPENDIX   No. Application no. Lodged on Applicant Date of birth Place of residence Represented by   37457/09 23/06/2009 Polad Siyavush oglu GASIMOV 01/04/1969 Baku   Adil İSMAYILOV   48475/12 26/07/2012 Ildar Rustam oglu FAYZOV 10/03/1983 Baku   Sabina ALIYEVA   33162/13 01/05/2013 Javid Mammadhasan oglu MAMMADOV 17/12/1977 Baku   Javad JAVADOV   41673/17 30/05/2017 Izolda Heydar gizi AGAYEVA 04/09/1988 Baku   Yalchin IMANOV   76810/17 25/10/2017 Ruslan Nizami oglu MURADOV 01/08/1998 Baku   Khalid BAGIROV