1. The case originated in an
application (no. 38073/06) 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
Mammad Ali Oglu Mammadov ("Məmməd Əli
oğlu Məmmədov – the
applicant”), on 6 September 2006.
2. The applicant was represented by Mr E. Zeynalov, a lawyer practising in Baku.
The Azerbaijani
Government ("the Government”) were represented by their Agent, MrÇ. Asgarov.
3. The applicant alleged, in particular,
that his right to a fair trial had been breached as a
result of the Supreme Court’s failure to send him a summons to attend the
hearing of his cassation appeal. The applicant also complained about his
absence from the hearing before the Court of Appeal. He further complained that
the conditions of his detention in Gobustant Prison had amounted to
ill-treatment.
4. On 17 November 2009 the President of the First Section decided to give notice of the application to the Government. It was also decided to rule on the admissibility and
merits of the application at the same time (Article 29 § 1).
1. The case originated in four applications (nos. 35485/05,
45553/05, 35680/05 and 36085/05) against the Republic of Azerbaijan lodged in
September 2005 with the Court under Article 34 of the Convention for the
Protection of Human Rights and Fundamental Freedoms ("the Convention”) by four
Azerbaijani nationals, Mr Panah Chodar oglu Huseyn (Pənah Çodar oğlu Hüseyn – "the first applicant”), Mr Rauf Arif oglu
Abbasov (Rauf Arif oğlu Abbasov – "the
second applicant”), Mr Arif Mustafa oglu Hajili (Arif Mustafa oğlu Hacılı – "the third applicant”) and Mr Sardar Jalal
oglu Mammadov (Sərdar Cəlal oğlu Məmmədov
– "the fourth applicant”), together referred to as "the applicants”.
Veliyev v. Russia (no. 24202/05) Press
release
issued by the Registrar Chamber
judgment concerning Austria,
Germany, Russia and Ukraine Strasbourg, 24.06.2010 - The European Court of Human Rights has
today notified in
writing the following seven Chamber judgments, available only in
English. Cases
concerning mainly excessive length of
(non-criminal) proceedings, with the Court’s main finding indicated,
can be
found at the end of the press release. Veliyev v. Russia(no.
24202/05) The
applicant, Tudzhar Ali ogly Veliyev, is an
Azerbaijani national who is currently serving a prison sentence for
armed
robbery in Vyazniki (Russia).
Relying on Article 3 (prohibition of inhuman or degrading treatment),
Article 5 §§ 1 (c), 3 and 4 (right to liberty and security)
and Article 6 § 1 (right to a fair trial within a reasonable
time) of the Convention, the applicant complained of the appalling
conditions
in which he had been detained during the criminal proceedings against
him, of
his detention on remand having been unlawful, too lengthy and otherwise
irregular, and of the criminal proceedings lasting for too long. Violation
of Article 3 (treatment) Violation
of Article 5 §§ 1 (c), 3 and 4 Violation
of Article 6 § 1 (length) Just
satisfaction: EUR 23,400 (non-pecuniary damage) and
EUR 1,000
(costs and expenses) [1]
Under Articles43and
44 of the Convention, this Chamber
judgment is not final. During the three-month period following its
delivery,
any party may request that the case be referred to the Grand Chamber of
the
Court. If such a request is made, a panel of judges considers whether
the case
deserves further examination. In that event, the Grand Chamber will
hear the
case and deliver a final judgment. If the referral request is refused,
the
Chamber judgment will become final on the day the request is
rejected. Once
a judgment becomes final, it is transmitted to the Committee of
Ministers of
the Council of Europe for supervision of its execution. Further
information
about the execution process can be found here: www.coe.int/t/dghl/monitoring/execution.
ON THE APPLICATION OF THE PROVISIONS OFTHE CONVENTION OF EUROPE "ON THE DEFENCE OFHUMAN RIGHTS AND MAIN FREEDOMS"AND THE GOOD AUTHORITIES OF THE EUROPEANCOURT WHILE EXECUTION OF THE PUBLIC JUSTICE O The decision of the Plenum of the Supreme Court of Azerbaijan Republic of March 30, 2006
In the case of Alakram Hummatov v. Azerbaijan, the European Court of Human Rights found out that inadequate medical treatment in prison constitutes ill-treatment.
