CEDH · CASELAW;COMMUNICATEDCASES;ENG — 6 septembre 2024

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s29100277 { font-family:Arial; font-weight:bold } .sE207830C { margin-top:54pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } Published on 23 September 2024   FIRST SECTION Application no. 42432/21 Mammad Aziz oglu IBRAHIM against Azerbaijan lodged on 2 August 2021 communicated on 6 September 2024 SUBJECT MATTER OF THE CASE The application concerns the criminal proceedings against the applicant who was convicted under Article 317-2.1 (preparation, storage, transportation or use of prohibited items by a person detained in penal institutions or detention facilities) of the Criminal Code and was sentenced to four months and sixteen days’ imprisonment. Relying on Article 6 of the Convention, the applicant alleges that the criminal proceedings against him were unfair since his conviction was based on fabricated and unlawfully obtained evidence. QUESTIONS TO THE PARTIES Did the applicant have a fair hearing in the determination of the criminal charges against him in accordance with Article   6 §   1 of the Convention? In particular: (a) Was the applicant’s right to a reasoned decision respected? (b) Were the principles of equality of arms and adversarial proceedings respected? (c) Was the applicant’s conviction based on unlawfully obtained evidence? (d) Was the search, in the course of which the prohibited item (a knife) was found, conducted in accordance with the relevant domestic procedural rules? (e) Was the applicant afforded an adequate opportunity to contest the evidence against him, and to adduce evidence in support of his line of defence and to have such evidence assessed by the court?   The Government are requested to submit copies of all the documents in the case file relating to the domestic proceedings.