CEDH · CASELAW;COMMUNICATEDCASES;ENG — 15 janvier 2025

.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 } .sA36B60A1 { font-family:Arial; font-style:italic } .s5FFF0A75 { margin-top:0pt; margin-bottom:0pt; font-size:7pt } .s32563E28 { margin-top:0pt; margin-bottom:0pt } Published on 3 February 2025   THIRD SECTION Application no. 48834/18 Aziz ORUJOV against Azerbaijan lodged on 3 October 2018 communicated on 15 January 2025 SUBJECT MATTER OF THE CASE The applicant is a journalist, director of an internet-based TV channel, Kanal 13 , and co-founder of a non-governmental organisation called the Caucasus Media Studies Centre ( Qafqaz Media Tədqiqatları Mərkəzi ). By a judgment of 15 December 2017, the Baku Court of Serious Crimes found the applicant guilty of illegal entrepreneurship and aggravated abuse of power under Articles 192.2.2 and 308.2 of the Criminal Code. It sentenced him to six years’ imprisonment and to deprivation of the right to hold senior and financial positions in State and local authorities for a period of two years. On 20   February 2018 the Baku Court of Appeal upheld the first-instance court’s judgment. By a final judgment of 5 April 2018, the Supreme Court quashed the part of the conviction under Article 192.2.2, discontinued the criminal proceedings against the applicant under that provision, requalified the conviction from Article 308.2 to 308.1 (abuse of power) and gave him a conditional sentence of three years’ imprisonment. The applicant complains under Article 6 of the Convention that the criminal proceedings against him were unfair and arbitrary because he did not commit any criminal offence and that the domestic courts failed to provide reasons for their decisions.     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, did the domestic courts establish the existence of all the elements of the criminal offence (abuse of power) of which the applicant was convicted and provide reasons for their decisions (see Rustamzade v. Azerbaijan (no.   2) , no. 22323/16, §§ 35-44, 23 February 2023)?   The Government are requested to submit copies of all the documents in the case file relating to the domestic proceedings.