1. The case originated in an application (no. 69981/14) 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, Mr Rasul Agahasan oglu Jafarov (Rəsul Ağahəsən oğlu Cəfərov – “the applicant”), on 10 October 2014.
2. The applicant was represented by Mr K. Bagirov, a lawyer based in Azerbaijan, and Mrs R. Remezaite, a lawyer based in London. The Azerbaijani Government (“the Government”) were represented by their Agent, Mr Ç. Asgarov.
3. The applicant alleged, in particular, that his arrest and pre-trial detention had not been justified and had been carried out in bad faith, that his right to freedom of assembly had been breached, and that his rights had been restricted for purposes other than those prescribed in the Convention.
4. On 3 December 2014 the complaints concerning the alleged breaches of Article 5 §§ 1, 3 and 4, and Articles 11 and 18 of the Convention were communicated to the Government and the remainder of the application was declared inadmissible pursuant to Rule 54 § 3 of the Rules of Court. On 25 June 2015 a new complaint concerning an alleged failure to comply with the obligations under Article 34 of the Convention was communicated to the Government. The applicant and the Government each submitted written observations on the admissibility and merits of the case. The Council of Europe Commissioner for Human Rights made use of his right under Article 36 § 3 of the Convention to intervene as a third party, and submitted observations in accordance with Rule 44 § 2 of the Rules of Court. Observations were also received from the Helsinki Foundation for Human Rights, Human Rights House Foundation and Freedom Now, to whom the President had given leave to intervene as third parties in the written procedure (Article 36 § 2 of the Convention and Rule 44 § 3 of the Rules of Court).
Opinions adopted by the Working Group on Arbitrary Detention at its sixty-eighth session, 13–22 November 2013
No. 59/2013 (Republic of Azerbaijan)
Communication addressed to the Government on 9 August 2013
Concerning Hilal Mammadov.
The Government replied to the communication on 14 October 2013.
The State is a party to the International Covenant on Civil and Political Rights.
1. The Working Group on Arbitrary Detention was established in resolution 1991/42 of the former Commission on Human Rights, which extended and clarified the Working Group’s mandate in its resolution 1997/50. The Human Rights Council assumed the mandate in its decision 2006/102 and extended it for a three-year period in its resolution 15/18 of 30 September 2010. The mandate was extended for a further three years in resolution 24/7 of 26 September 2013. In accordance with its methods of work (A/HRC/16/47 and Corr.1, annex), the Working Group transmitted the above-mentioned communication to the Government.
Məhkum olunmuş bir sıra şəxslərin, onların ailə üzvlərinin, İnsan hüquqları üzrə müvəkkilin, insan hüquqlarının müdafiəsi təşkilatlarının Azərbaycan Respublikası Prezidentinə ünvanlanmış əfv haqqında müraciətlərinə baxaraq, məhkumların şəxsiyyətini, səhhətini, ailə vəziyyətini, cəza çəkdikləri müddətdə davranışlarını nəzərə alaraq, humanizm prinsiplərinə əsaslanaraq, Azərbaycan Respublikası Konstitusiyasının 109-cu maddəsinin 22-ci bəndini rəhbər tutaraq qərara alıram: