6.  On 20 October 2005 the applicant was summoned to the Ministry of National Security ("the MNS”). He arrived at the MNS at around 3 p.m. and was questioned until 7 p.m.

7.  After being questioned he was detained on suspicion of abuse of official authority, embezzlement of public funds and complicity in an attemptedcoup d’état, allegedly planned to take place after the parliamentary elections of 6 November 2005 and masterminded by former Parliament Speaker R. Guliyev (who was living abroad at that time) and several other high-ranking government officials. He was held in the detention facility of the MNS.

8.  It appears that he was dismissed from his ministerial office on the same day.

9.  On 22 October 2005 the Prosecutor General’s Office formally charged the applicant with criminal offences under Articles 28/220.1 (preparation to organise public disorder), 278 (actions aimed at usurping State power), 179.3.2 (high-level embezzlement), 308.2 (abuse of official authority entailing grave consequences), 311.3.2 (repeated bribe-taking) and 311.3.3 (high-level bribe-taking) of the Criminal Code. The applicant was formally charged in criminal case no. 76586.

10.  On 22 October 2005 the Nasimi District Court remanded the applicant in custody for a period of three months (until 20 January 2006). On 13 January 2006 the same court extended this period by another four months (until 20 May 2006). On 19 May 2006 this period was extended again, by another five months (until 20 October 2006). Lastly, on 16 October 2006 the period was extended again, by another six months (until 20 April 2007). The applicant lodged appeals against each of these decisions. All his appeals were dismissed by the Court of Appeal. An appeal by the applicant against the extension decision of 16 October 2006 was dismissed by a decision of the Court of Appeal on 2 November 2006.

11.  In the course of the pre-trial investigation, the investigating authorities carried out a search of the applicant’s home and found, inter alia, large amounts of cash in various currencies, large quantities of gold items and jewellery, and deeds of a number of residential properties.

12.  On 19 January 2007 the Prosecutor General’s Office issued a new indictment charging the applicant with criminal offences under Articles 28/220.1, 278, 179.3.2, 306.2 (failure by a public official to execute a final court judgment), 308.1 (abuse of official authority), 308.2, 311.3.1 (bribe‑taking), 311.3.2 and 311.3.3 of the Criminal Code.

13.  On 24 January 2007 a new criminal case (no. 76932) was severed from criminal case no. 76586. Under criminal case no. 76932 the applicant was formally charged with the offences under Articles 179.3.2, 306.2, 308.1, 308.2, 311.3.1, 311.3.2, 311.3.3 and 313 (forgery in public office) of the Criminal Code.

6.  The applicant was a journalist and the editor-in-chief of a newspaper named Boz Qurd.

7.  On 9 October 2005 a number of opposition parties held an unauthorised demonstration in Baku. The applicant, together with five other journalists, was present at the demonstration to report on the events. The applicant was not wearing a special blue vest identifying him as a journalist, but he was wearing a journalist badge on his chest.

8.  During the dispersal of the demonstration by the police, the applicant and his colleagues were beaten up and received various injuries. According to the applicant, he told the police officers that he was a journalist and asked them to stop. The applicant was hit on the head and lost consciousness following his beating.

9.  The applicant was taken to hospital the same day. On 26 October 2005 he received a medical certificate with a diagnosis of closed cranio-cerebral trauma, concussion and soft-tissue damage to the crown of the head.

The applicant, Mr Ruslan Jalil oglu Bashirov (Ruslan Cəlil oğlu Bəşirov), is an Azerbaijani national, who was born in 1978 and lives in Zardab. He was represented before the Court by Mr I. Ashurov, a lawyer practising in Baku.

The Azerbaijani Government ("the Government”) were represented by their Agent, Mr Ç. Asgarov.

The applicant complained, inter alia, under Articles 3 and 6 of the Convention about the conditions of his detention, alleged unfairness of the criminal proceedings against him and alleged breach of his right to the presumption of innocence.

Общественное Объединение "Сутяжник" (г. Екатеринбург), Международный Центр юридической защиты прав человека "Интерайтс" (г. Лондон), Уральский Центр конституционной и международной защиты прав человека

Книга является первой в серии "Международная защита прав человека" и посвящена актуальным сегодня в России вопросам обращения в Европейский Суд по правам человека в Страсбурге. 
Вниманию заинтересованных читателей предлагаются описания юридических процедур защиты, процессуальные вопросы обращения в Суд. Рассматриваются критерии приемлемости жалобы, дружественного урегулирования , порядок рассмотрения дела в Европейском Суде, и справедливой компенсации. Контроль за исполнением решений Суда.

Не правда ли, именно эти вопросы всегда возникают и у специалистов, и у рядовых граждан при первом опыте обращения в международные органы за защитой права?

Авторами глав издания являются Милан Блашко, член Секретариата Европейского Суда по правам человека, и Михаил Лобов, Советник по правовым вопросам Отдела исполнения решений Европейского Суда, которые выступали в качестве преподавателей учебной части проекта "Уральский Центр конституционной и международной защиты прав человека".

Следующие издания серии будут включать в себя материалы международных и российских экспертов, посвященные применению на национальном и международном уровне отдельных статей Европейской Конвенции о защите прав человека.

Финансирование данного издания осуществлено британским неправительственным фондом НОУ - ХАУ через CAF.

The applicant complained, inter alia, that he had been ill-treated during arrest and in police custody in breach of Article 3 of the Convention and that his arrest and conviction for having allegedly organised a public disorder during an unauthorised demonstration had infringed his rights under Articles 10 and 11 of the Convention.

The applicant’s complaints were communicated to the Government, who submitted their observations on the admissibility and merits. The observations were forwarded to the applicant, who was invited to submit his own observations. No reply was received to the Registry’s letter.

...

For these reasons, the Court unanimously

Decides to strike the application out of its list of cases.

6.  The applicant was born in 1981 in Bukhara, Uzbekistan and is currently detained in a remand facility in Baku awaiting extradition to Uzbekistan. He holds a valid Uzbek passport and is considered to be a national of Uzbekistan by both the Azerbaijani and Uzbek authorities. The applicant, however, also claims to be an Azerbaijani national (see below).

7.  The applicant’s father, Firudin Garayev, of Azerbaijani ethnic origin, was born in 1953 in Beylagan, Azerbaijan. The applicant’s mother, Olima Garayeva, of Uzbek ethnic origin, was born in 1960 in Bukhara, Uzbekistan. The applicant had an elder brother, Jeyhun Garayev, and a younger sister, Nargiz Garayeva. The family was living in Bukhara, Uzbekistan at the time the events described below took place...

B.  Proceedings related to the applicant’s extradition

24.  As mentioned above, the applicant has been living in Azerbaijan since 27 November 2001. It appears from the case file that the applicant entered the territory of Azerbaijan legally with his Uzbek passport. However, he had been entitled to stay in Azerbaijan for ninety days only and it appears that after this period he continued to live there without a residence permit.

25.  On 9 April 2008 the applicant was arrested by the police in Beylagan on the basis of a search warrant issued by the Uzbek authorities.

26.  On 10 April 2008 the Beylagan District Court ordered the applicant’s detention with a view to extraditing him. The Beylagan District Court relied on the Bukhara Regional Court’s detention order of 20 November 2001 and confirmed its findings. No fixed term for detention was specified, and it was noted that the applicant would be detained until an extradition decision had been given. The decision of the Beylagan District Court was subject to an appeal within three days of its delivery. However, the applicant did not appeal against that decision.

6.  The applicant was born in 1956 and lives in Sweden.

7.  On 26 February 1996 the applicant arrived in Russia from Azerbaijan. In April 2001 he asked the St. Petersburg City Representation of the United Nations High Commissioner for Refugees to grant him refugee status. Four months later refugee status was granted and the applicant was informed of his right to move to Sweden.

8.  On 10 September 2001 the acting chief of the Gyandzha Town police department of the Republic of Azerbaijan faxed a letter to the chief of the St. Petersburg City police department asking him to arrest the applicant. The letter read as follows:

"[We] seek your order to arrest a criminal, [the applicant], wanted by us for having committed a crime (theft of State property) under Article 88-1 of the Criminal Code of the Azerbaijan Republic... criminal case no. 10/295. The arrest warrant and order for transport were issued on 29 May 1995 by the first deputy military prosecutor of the Azerbaijan Republic.”

A translation of the arrest warrant of 29 May 1995 was attached to the letter.

9.  On 13 September 2001 the Prosecutor General of the Russian Federation received a letter from the Moscow Regional Representation of the United Nations High Commissioner for Refugees, informing him about the applicant’s refugee status. The letter read as follows:

"The Regional Representation of the United Nations High Commissioner for Refugees in the Russian Federation applies to you in connection with the case of Mr Gunduz Eminbeyli, which was examined by the UNHCR in July 2001, as a result of which [the applicant] was granted refugee status and was considered in need of international protection under the UNHCR mandate in the territory of the Russian Federation.

In August 2001 Sweden accepted [the applicant] as a refugee with permanent leave to remain, in support of which he was given a travel document and issued with an entry visa for that country.

As it follows from the information obtained by us, a federal search warrant was issued in respect of [the applicant] on the basis of the fact that the Azeri authorities accused him of having committed criminal actions; the [accusation] prevents him from leaving the Russian Federation.

Due to the fact that [the applicant] is a proxy of the former Prime Minister of Azerbaijan, Mr S. Guseynov, who subsequently became a leader of the opposition to the Government of Mr G. Alieyev in Azerbaijan, and due to the fact that he worked with an Azeri national, Mr Z. Ismaylov, whose case was examined by the Prosecutor General’s office last summer, the UNHCR has grounds to conclude that the true reasons for the warrant issued by the Azeri authorities are [the applicant’s] work with and close ties to the above-mentioned Azeri political figures.

As we were informed by the St. Petersburg City Department of Visas and Registration where [the applicant] lives and with whom he lodged his application for a visa, the Azeri authorities lodged a request for [the applicant’s] extradition.

The UNHCR is concerned that if [the applicant] is expelled to Azerbaijan, there will be a danger of a violation of Article 33 § 1 of the UN Convention relating to the Status of Refugees... and of the Russian Law of 25 October 1999... by the Russian Federation. Article 33 of the Convention relating to the Status of Refugees forbids an expulsion of persons to a country where their lives and freedom will be threatened by a persecution on account of his race, religion, nationality, membership of a particular social group or political opinion.”

The UNHCR Representation in Moscow sent a similar letter to the St. Petersburg City Prosecutor.

10.  On 19 September 2001 police officers arrested the applicant pursuant to the faxed letter of 10 September 2001 and placed him in the temporary detention unit of the St. Petersburg City and Leningrad Region Department of the Interior (ИВС при ГУВД города Санкт-Петербурга и Ленинградской области). A police investigator issued a report on the applicant’s arrest. The report represented a two-page printed template, in which the dates, the applicant’s name, and the grounds for his arrest were filled in by hand...