FIRST SECTION
CASE OF MUKHTARLI AND ASLANLI v. AZERBAIJAN
(Applications nos. 13509/12 and 64801/12)
 
 
 
 
 
 
JUDGMENT
 
STRASBOURG
2 March 2023
 
This judgment is final but it may be subject to editorial revision. In the case of Mukhtarli and Aslanli v. Azerbaijan,
The European Court of Human Rights (First Section), sitting as a Committee composed of:
 Krzysztof Wojtyczek, President,
 Lətif Hüseynov,
 Erik Wennerström, judges,
and Liv Tigerstedt, Deputy Section Registrar,
Having regard to:
the applications (nos. 13509/12 and 64801/12) 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 two Azerbaijani nationals (“the applicants”), represented by different lawyers, on various dates, all indicated in the appended table;
the decision to give notice of the complaints concerning Articles 5 and 6 of the Convention in respect of both applications and the complaint concerning Article 11 of the Convention in respect of application no. 64801/12 to the Azerbaijani Government (“the Government”), represented by their Agent, Mr Ç. Əsgərov, and to declare the remainder of the applications inadmissible;
the parties’ observations;
Having deliberated in private on 7 February 2023,
Delivers the following judgment, which was adopted on that date:
SUBJECT MATTER OF THE CASE
1. The applications concern the administrative arrest, detention, and subsequent conviction of the applicants, prior to a demonstration, on charges of minor hooliganism. Application no. 13509/12
2. On 17 April 2011 the applicant in application no. 13509/12 (“the first applicant”), who was a reporter at the time, was arrested before a demonstration of opposition to the government. A record of his administrative arrest and an administrative-offence report were drawn up, indicating that he had been arrested on 17 April 2011 for failure to comply with a lawful request of the police to stop swearing in the street. He was charged with the administrative offence of minor hooliganism under Article 296 of the Code of Administrative Offences (“the CAO”) and was kept in police custody overnight. 3. On 18 April 2011 the first applicant was brought before the Sabail District Court, which found him guilty under Article 296 of the CAO and sentenced him to a fine in the amount of 50 Azerbaijani manats (AZN – approximately 50 euros (EUR) at the material time). The domestic courts based their decision solely on the administrative-offence report and on two witness statements from the police officers who had carried out his arrest. 4. The first applicant appealed against his administrative conviction, claiming that his arrest and detention had been unlawful and unjustified, that the District Court’s decision had not been sufficiently reasoned and that he had not been provided with the administrative-offence report or any other document so that he could prepare his defence. 5. By a final decision of 19 May 2011, the Baku Court of Appeal dismissed the appeal as unsubstantiated. Application no. 64801/12
6. The applicant in application no. 64801/12 (“the second applicant”) was the chairman of the Central Executive Office of the Musavat Party at the time of the events. On 24 May 2012 opposition groups were planning to hold a demonstration and the second applicant was planning to participate in the event. At 9.55 a.m. on 24 May 2012 the second applicant was walking with his grandson when he was stopped by two plainclothes police officers and invited to the police station. 7. The second applicant went with the police officers to the police station where he was held for around seven hours and was asked various questions. At 5 p.m. he was brought before the Binagadi District Court, which found him guilty of the administrative offence of failure to comply with a lawful request of a police officer under Article 310 of the CAO and sentenced him to a fine of AZN 20 (approximately EUR 20 at the material time). 8. The second applicant appealed against his administrative conviction, claiming that he had been unlawfully deprived of his liberty, that the District Court had not given reasons for its decision and that he had been arrested to prevent him from participating in the demonstration of 24 May 2012. 9. By a final decision of 21 June 2012, the Baku Court of Appeal dismissed his appeal as unsubstantiated. Complaints
10. The applicants complained that their rights protected under Article 5 § 1 and Article 6 §§ 1 and 3 of the Convention had been breached by the domestic authorities. In addition, the second applicant complained under Article 11 of the Convention of a violation of his right to freedom of assembly.

Outcome for Article 11: violation