5.  The applicant was born in 1992 and is currently serving a prison sentence.
6.  The applicant was a student at the Azerbaijan State University of Economics at the time of the events. He was also a civil society activist and was one of the founders of Free Youth, a non‑governmental organisation established in 2011.
7.  Following a number of deaths of soldiers in the Azerbaijani army in non-combat situations, from January until March 2013 a number of demonstrations were held in Baku in protest against the deaths of soldiers in the army. The demonstrations received wide media coverage and drew the public’s attention to the deaths of soldiers in the army for which the government were harshly criticised. The demonstrations were organised through social media and the information about them was disseminated through social media and the press. The applicant actively participated in those demonstrations and in their organisation. The NIDA civic movement, a non-governmental organisation established by a group of young people, played a key role in the organisation and conduct of the above-mentioned demonstrations. Although the demonstrations were peaceful, the police dispersed those who had gathered and a number of demonstrators were arrested (see, for example among many other cases, Mehtiyev and others v. Azerbaijan, nos. 20589/13 and 7 others, 6 April 2017; Bayramov v. Azerbaijan, nos. 19150/13 and 52022/13, 6 April 2017; and Hajili and others v. Azerbaijan, nos. 44699/13 and 2 others, 29 June 2017).
8.  At the time of the events the “Harlem Shake” dance became popular in Azerbaijan. A number of video performances of a “Harlem Shake” dance by different groups of people were prepared in Azerbaijan and uploaded to the YouTube video-hosting website. On 1 March 2013 the applicant together with a group of his acquaintances, went to the seaside park in the city centre of Baku, where his acquaintances performed a “Harlem Shake” dance; a video recording of their dance was made. The applicant did not dance and just observed those who were dancing. On an unspecified date the video recording of the dance was uploaded to YouTube. There is no document in the case file indicating that the video recording in question was uploaded to YouTube by the applicant. The video which is still available at the time of the judgment on YouTube lasts around one minute. It represents seven individuals dancing together in a park. In the back of the scene, one person is dancing in a close proximity to a bronze statue, making sexually suggestive movements. On an unspecified date, after the uploading of the video recording to YouTube, a television programme concerning that video was broadcast on a private television channel. The narrated section of the broadcast referred to the people dancing in the video as drug addicts and anarchist members of NIDA, criticising the demonstrations organised in protest against the deaths of soldiers in the army.
9.  In March 2013 criminal proceedings were instituted against some members of NIDA who had actively participated in the organisation of the above-mentioned demonstrations, for illegal possession of explosive substances and devices and illegal possession of narcotic substances (see Rashad Hasanov and Others v. Azerbaijan, nos. 48653/13 and 3 others, §§ 5-16, 7 June 2018). The applicant was questioned twice as a witness within the framework of those criminal proceedings prior to his arrest.
10.  Since 2013 various criminal proceedings have been instituted against members of NIDA who have been arrested and detained within the framework of those criminal proceedings. The domestic proceedings concerning the arrest and pre-trial detention of various members of NIDA are the subject of other applications pending before the Court (see for example applications nos. 65583/13, 70106/13, 41105/14, 54846/14, 63571/16, 74143/16 and 14307/17).
11.  On 30 April 2013 the applicant was arrested by the police because of his participation in a gathering in front of the Azerbaijani State Oil Academy. On the same day the Nasimi District Court found the applicant guilty under Article 298.2 (violation of the rule regulating the organisation and holding of gatherings) of the Code of Administrative Offences and sentenced him to fifteen days’ administrative arrest. The domestic proceedings concerning the applicant’s arrest on 30 April 2013 and subsequent administrative conviction have already been the subject of the judgment in the case of Mirzayev and others v. Azerbaijan (nos. 12854/13, 28750/13 and 76329/13, 20 July 2017). In that case, the Court found violations of Articles 11 and 6 §§ 1 and 3 of the Convention in relation to the applicant.
12.  Following his release, on 17 May 2013 the applicant was again arrested and charged under Articles 221.2.1 (hooliganism committed by a group of individuals) and 221.2.2 (hooliganism committed by resisting a public official) of the Criminal Code. The description of the charges consisted of a single sentence half a page long. The relevant part of the decision stated:
“... Ilkin Bakir oglu Rustamzade has been charged on the basis of sufficient ... evidence that he engaged in hooliganism by expressing manifest disrespect towards society because on 1 March 2013 in Baku, with a group of individuals, including B.G. and others, with whom he had close ties, at around 3 p.m. in the seaside park, [he] blatantly breached public order by making a video recording of continued and repetitive immoral actions ... in respect of a bronze statue of an old man ... and of intentionally chaotic hand and foot movements (qərəzli xaotik əl-qol hərəkətləri) carried out after having stripped to the waist, and [he] manifestly failed to comply with lawful requests [made by] public officials, ... [namely] the security officers of the seaside park department and police officers [and others] that he desist from the above‑mentioned actions, [which breached public order; [he] resisted by [insolently refusing] to cease his actions (müstəsna həyasızlıqla öz hərəkətlərini dayandırmaması ilə müqavimət göstərərək); [he] prepared video footage amounting to 6.16 megabytes from a video recording depicting actions against the ethical principles of the society in which he lives and on 1 March 2013 widely disseminated it by uploading it to the YouTube website under the title of “Harlem Shake – Park Bulvar” ...
Through these actions, Ilkin Bakir oglu Rustamzade committed criminal offences under Articles 221.2.1 and 221.2.2 of the Criminal Code of the Republic of Azerbaijan.
...”
It appears from the documents in the case file that apart from the applicant only one other person (B.G.) dancing in the impugned video was charged with the criminal offence of hooliganism under Article 221 of the Criminal Code. No criminal proceedings were instituted against other individuals performing in the impugned “Harlem Shake” dance video.
13.  On the same day the prosecutor lodged a request with the Nasimi District Court seeking the applicant’s detention pending trial. The prosecutor justified his request by citing the gravity of the charges against the applicant and the fact that there was a risk of his absconding and obstructing the investigation’s functioning by influencing other participants in the criminal proceedings.
14.  On 17 May 2013 the Nasimi District Court, relying on the official charges brought against the applicant and the prosecutor’s request, ordered the applicant’s detention pending trial for a period of two months. The court cited the risk of his absconding and reoffending, together with the nature of the criminal act, and justified its decision as follows:
“Having examined the request with the [aid of the] material in the case file and having heard the submissions of those who have been present at this court hearing, and taking into account the fact that there is a likelihood that the accused, Ilkin Bakir oglu Rustamzade, will abscond from the investigation and reoffend, as well as the nature of the criminal act attributed to him, the court considers that he should be remanded in custody.”
15.  On 20 May 2013 the applicant appealed against that decision, submitting that there had been no justification for the application of the preventive measure of detention pending trial. In particular, he submitted that he had already complied twice with the investigation’s requests within the framework of other criminal proceedings and that there was no evidence that he would abscond or reoffend. He also submitted that there was no evidence that he had committed any criminal offence. In that regard, he noted that the court had ordered his detention pending trial without examining any evidence, as even the video recording of the dance had not been available in the case file.
16.  On 24 May 2013 the Baku Court of Appeal dismissed the appeal, finding that the first-instance court’s decision had been justified. The appellate court made no mention of the applicant’s above-mentioned specific complaints.
17.  On 27 June 2013 the applicant lodged a request with the Nasimi District Court, asking to be put under house arrest instead of being held in pre-trial detention. He claimed, in particular, that his pre-trial detention was not justified and that there was no reason for it to continue.
18.  On 28 June 2013 the Nasimi District Court dismissed the request, finding it unfounded.
19.  On 4 July 2013 the Baku Court of Appeal upheld the first-instance court’s decision.
20.  On 12 July 2013 the prosecutor in charge of the criminal case lodged a request with the court asking for an extension of the applicant’s pre-trial detention for a period of two months, submitting that more time was needed to complete the investigation.
21.  On 15 July 2013 the Nasimi District Court extended the applicant’s detention pending trial until 17 September 2013. The court substantiated the need for the extension by citing the likelihood that, if released, the applicant might abscond or obstruct the investigation by influencing those participating in the criminal proceedings.
22.  On 18 July 2013 the applicant appealed against that decision, claiming that the first-instance court had failed to justify the extension of his detention pending trial. He also reiterated that there was no evidence that he had committed any criminal offence and that the court, in deciding to extend his pre-trial detention, had not examined any evidence proving that there was a reasonable suspicion that he had committed a criminal offence.
23.  On 22 July 2013 the Baku Court of Appeal dismissed the appeal and upheld the Nasimi District Court’s decision of 15 July 2013. The appellate court’s reasoning reiterated that provided by the first-instance court.
24.  Following a request dated 10 September 2013 by the prosecutor in charge of the case for an extension of the period of the applicant’s pre-trial detention, on 11 September 2013 the Nasimi District Court extended the applicant’s detention pending trial by two months, until 17 November 2013. The court justified its decision by citing the need for additional time in which to carry out further investigative measures and the fact that the grounds for the applicant’s pre-trial detention had not changed.
25.  On 16 September 2013 the applicant appealed against that decision, reiterating his previous complaints.
26.  On 19 September 2013 the Baku Court of Appeal dismissed the appeal, upholding the Nasimi District Court’s decision of 16 September 2013. The appellate court reiterated the reasoning provided by the first‑instance court.
27.  No further extension decisions were included in the case file.
28.  It appears from the documents before the Court that on an unspecified date in September 2013 the applicant was additionally charged with new criminal offences under Articles 28 (preparation of a crime), 220.1 (mass disorder) and 228.3 (illegal acquisition, transfer, sale, storage, transportation and carrying of arm, its accessories, supplies, explosive substances and devices by an organised group) of the Criminal Code. The investigator’s decision in this respect was not made available to the Court.
29.  On 6 May 2014 the Baku Court of Serious Crimes found the applicant guilty on all counts and sentenced him to eight years’ imprisonment.
30.  On 16 December 2014 the Baku Court of Appeal and on 15 October 2015 the Supreme Court upheld that judgment in respect of the applicant.
31.  A separate application (see application no. 22323/16) concerning the fairness of the criminal proceedings against the applicant, in which various complaints under Articles 6, 7, 10 and 18 of the Convention were raised, is pending before the Court.