1. The
applicant, Mr Rafail Muradov, is an Azerbaijani national, who
was born in 1984 and lives in Baku. He was represented before
the Court by Mr Y. Khankishiyev, a lawyer practising in
Azerbaijan. The Azerbaijani Government ("the Government”) were
represented by their Agent, Mr Ç. Asgarov.
2. The
facts of the case, as submitted by the parties, may be
summarised as follows.
3. On
11 February 2008 the applicant was arrested by the police on
suspicion of theft. On
14 February 2008 the applicant was formally charged under
Article 177 (theft) of the Criminal Code. On the same day the
Absheron District Court ordered the applicant’s pre-trial
detention for a period of two months.
4. The
applicant’s pre-trial detention was subsequently extended by the
Absheron District Court’s decision of 11 April 2008 and the
Sumgayit Military Court’s decision of 6 May 2008.
5. On
27 May 2008 the Sumgayit Military Court rejected the applicant’s
request for replacement of his pre-trial detention by house
arrest. On 24 June 2008 the Sumgayit Court
of Appeal upheld the Sumgayit Military Court’s decision of 27
May 2008.
6. By
the end of June 2008, the investigation had been completed and
the case was forwarded to the Sumgayit Military Court for trial.
7. On
25 June 2008 the Sumgayit Military Court held a preliminary
hearing. At this hearing the court rejected the applicant’s
request for release and found that the preventive measure of
remand in custody should be left "unchanged”.
8. By
a judgment of 22 July 2008 the Sumgayit Military Court sentenced
the applicant to a fine of 500 Azerbaijani manats and ordered
his release.