Case: case_104

Atomic Facts:
[{"fact_id": "F001", "text": "The applicant was born in 1982.", "source_paragraph": 4, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE"]}, {"fact_id": "F002", "text": "The applicant lives in Baku.", "source_paragraph": 4, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE"]}, {"fact_id": "F003", "text": "At the material time the applicant was a member of an opposition party called Musavat.", "source_paragraph": 4, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE"]}, {"fact_id": "F004", "text": "The applicant attempted to participate in a demonstration organised by the opposition on 20 October 2012.", "source_paragraph": 5, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE", "A. Administrative arrests"]}, {"fact_id": "F005", "text": "Prior to the assembly of 20 October 2012, on 15 October 2012, the organisers gave notice to the relevant authority, the Baku City Executive Authority (BCEA).", "source_paragraph": 5, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE", "A. Administrative arrests"]}, {"fact_id": "F006", "text": "The Baku City Executive Authority (BCEA) refused to authorise the holding of the demonstration at the place indicated by the organisers.", "source_paragraph": 5, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE", "A. Administrative arrests"]}, {"fact_id": "F007", "text": "The Baku City Executive Authority (BCEA) proposed a different location for the demonstration on the outskirts of Baku.", "source_paragraph": 5, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE", "A. Administrative arrests"]}, {"fact_id": "F008", "text": "Despite the Baku City Executive Authority's refusal to authorise the demonstration at the originally indicated place, the organisers decided to hold the demonstration as planned.", "source_paragraph": 5, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE", "A. Administrative arrests"]}, {"fact_id": "F009", "text": "According to the applicant, the demonstration of 20 October 2012 was intended to be peaceful.", "source_paragraph": 6, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE", "A. Administrative arrests"]}, {"fact_id": "F010", "text": "According to the applicant, the demonstration of 20 October 2012 was conducted in a peaceful manner.", "source_paragraph": 6, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE", "A. Administrative arrests"]}, {"fact_id": "F011", "text": "The participants in the demonstration of 20 October 2012 were demanding democratic reforms in the country.", "source_paragraph": 6, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE", "A. Administrative arrests"]}, {"fact_id": "F012", "text": "The applicant had intended to attend the demonstration of 20 October 2012.", "source_paragraph": 7, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE", "A. Administrative arrests"]}, {"fact_id": "F013", "text": "The applicant and a few others attempted to march from the headquarters of the Musavat party to the place where the assembly of 20 October 2012 was being held.", "source_paragraph": 7, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE", "A. Administrative arrests"]}, {"fact_id": "F014", "text": "Shortly after the applicant's attempt to march to the assembly on 20 October 2012, he was arrested and taken to a police station.", "source_paragraph": 7, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE", "A. Administrative arrests"]}, {"fact_id": "F015", "text": "According to the applicant, he was arrested on 20 October 2012 by people in plain clothes.", "source_paragraph": 7, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE", "A. Administrative arrests"]}, {"fact_id": "F016", "text": "On 6 May 2014 the applicant participated in an assembly that took place near the Baku Court of Serious Crimes.", "source_paragraph": 8, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE", "A. Administrative arrests"]}, {"fact_id": "F017", "text": "The assembly of 6 May 2014 near the Baku Court of Serious Crimes was held in support of members of an opposition group called Nida, who were being tried on that day.", "source_paragraph": 8, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE", "A. Administrative arrests"]}, {"fact_id": "F018", "text": "On 6 May 2014 the courtroom of the Baku Court of Serious Crimes was full, so some people were waiting outside the court for the outcome of the proceedings.", "source_paragraph": 8, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE", "A. Administrative arrests"]}, {"fact_id": "F019", "text": "When the Baku Court of Serious Crimes announced its judgment on 6 May 2014, those who had gathered outside began to protest against the judgment, which they considered unfair.", "source_paragraph": 8, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE", "A. Administrative arrests"]}, {"fact_id": "F020", "text": "The protest outside the Baku Court of Serious Crimes on 6 May 2014 was brief, spontaneous and peaceful.", "source_paragraph": 8, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE", "A. Administrative arrests"]}, {"fact_id": "F021", "text": "As soon as the protesters outside the Baku Court of Serious Crimes on 6 May 2014 started chanting slogans, police officers and people in plain clothes began to forcibly disperse the assembly.", "source_paragraph": 8, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE", "A. Administrative arrests"]}, {"fact_id": "F022", "text": "The applicant was arrested during the dispersal operation of the assembly outside the Baku Court of Serious Crimes on 6 May 2014.", "source_paragraph": 8, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE", "A. Administrative arrests"]}, {"fact_id": "F023", "text": "After his arrest on 6 May 2014, the applicant was taken to a police station, where he was kept overnight.", "source_paragraph": 8, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE", "A. Administrative arrests"]}, {"fact_id": "F024", "text": "In both cases (20 October 2012 and 6 May 2014), on the day of the applicant's arrest, an administrative-offence report (inzibati xəta haqqında protokol) was issued in respect of the applicant.", "source_paragraph": 9, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE", "A. Administrative arrests"]}, {"fact_id": "F025", "text": "In the first case (20 October 2012), the administrative-offence report stated that by deliberately failing to comply with a lawful order of the police, the applicant had committed an administrative offence under Article 310.1 of the Code of Administrative Offences (CAO).", "source_paragraph": 9, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE", "A. Administrative arrests"]}, {"fact_id": "F026", "text": "In the second case (6 May 2014), the applicant was charged with an administrative offence under Article 298.2 of the Code of Administrative Offences (CAO), which concerns participation in a public assembly that had not been organised in accordance with the law.", "source_paragraph": 9, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE", "A. Administrative arrests"]}, {"fact_id": "F027", "text": "According to the applicant, he was never served with copies of the administrative-offence reports in his case files in either case.", "source_paragraph": 10, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE", "A. Administrative arrests"]}, {"fact_id": "F028", "text": "According to the applicant, he was never served with other documents in his case files in either case.", "source_paragraph": 10, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE", "A. Administrative arrests"]}, {"fact_id": "F029", "text": "In both cases (20 October 2012 and 6 May 2014), the applicant was not given access to a lawyer after his arrest or while in police custody.", "source_paragraph": 10, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE", "A. Administrative arrests"]}, {"fact_id": "F030", "text": "In the second case

Fact Mapping:
{"list1": {"scope": ["F004", "F012", "F013", "F043", "F016", "F022", "F044", "F009", "F010", "F020"], "interference": ["F014", "F021", "F022", "F043", "F044"], "prescribed_by_law": ["F006", "F007", "F054", "F055", "F025", "F043", "F005", "F006", "F017", "F018", "F019", "F020", "F053"], "legitimate_aim": [], "necessity": ["F009", "F010", "F011", "F020", "F021", "F042", "F043", "F044", "F003", "F071", "F072", "F076"], "positive_obligation": []}, "list2": {"scope": ["F004", "F016", "F009", "F010", "F020"], "interference": ["F014", "F021", "F022", "F043", "F044"], "prescribed_by_law": ["F005", "F006", "F025", "F053", "F019", "F020"], "legitimate_aim": [], "necessity": ["F009", "F010", "F020", "F021", "F042", "F043", "F044"], "positive_obligation": []}, "list3": ["F009", "F010", "F019", "F020", "F021", "F042", "F043", "F044", "F053", "F005"]}

Conclusion:
{"violated": true, "elements": {"scope": {"conclusion": "yes", "discussed": "implied"}, "scope_assembly_exists": {"conclusion": "yes", "discussed": "implied"}, "scope_participation": {"conclusion": "yes", "discussed": "explicit"}, "scope_peaceful": {"conclusion": "yes", "discussed": "explicit"}, "interference": {"conclusion": "yes", "discussed": "explicit"}, "prescribed_by_law": {"conclusion": "no", "discussed": "explicit"}, "prescribed_by_law_foreseeable": {"conclusion": "no", "discussed": "explicit"}, "prescribed_by_law_accessible": {"conclusion": null, "discussed": "not_discussed"}, "prescribed_by_law_safeguards": {"conclusion": "no", "discussed": "explicit"}, "legitimate_aim": {"conclusion": "yes", "discussed": "implicit", "aims": ["national_security", "public_safety", "prevention_of_disorder", "prevention_of_crime", "rights_of_others"]}, "necessity": {"conclusion": "no", "discussed": "explicit"}, "positive_obligation": {"conclusion": null, "discussed": "not_discussed"}}}