CEDH · CASELAW;COMMUNICATEDCASES;ENG — 26 février 2019

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .sBB9EE52A { font-family:Arial } .sA6BC7FA7 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:right } .s9793A85B { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s8229ABDD { margin-top:0pt; margin-bottom:12pt; text-align:center } .s68C46B95 { margin-top:36pt; margin-bottom:12pt; text-align:center } .s3F59B822 { font-family:Arial; font-weight:bold; text-transform:uppercase } .s7ACB8D74 { margin-top:0pt; margin-left:14.2pt; margin-bottom:0pt; text-indent:14.2pt } .sA36B60A1 { font-family:Arial; font-style:italic } .s7ED160F0 { text-decoration:none } .sC36A6361 { font-family:Arial; color:#000000 } .sCB9E0544 { margin-top:0pt; margin-bottom:0pt; text-align:left } .s76CF415B { page-break-before:always; clear:both } .s75A32C27 { border-collapse:collapse } .s3695F815 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top; background-color:#dfdfdf } .s2EF62ED2 { margin-top:0pt; margin-bottom:0pt; font-size:12pt } .sEECE831 { font-family:Arial; font-weight:bold; color:#474747 } .sE8934522 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top } .s29100277 { font-family:Arial; font-weight:bold } .sEDC5336B { margin-top:0pt; margin-bottom:0pt; page-break-inside:avoid; page-break-after:avoid; font-size:12pt } .s32563E28 { margin-top:0pt; margin-bottom:0pt }   Communicated on 26 February 2019   FIFTH SECTION Application no. 17184/18 A against Azerbaijan and 24 other applications (see list appended) SUBJECT MATTER OF THE CASES The applicants are members of the LGBT community who were arrested during the raids launched by the police in mid-September 2017. The applicants complain that their arrest and subsequent administrative detention were unlawful and arbitrary, and based solely on their actual or perceived sexual orientation. They further argue that they were ill-treated by police officers and custodial staff and that the relevant authorities failed to conduct an effective investigation into their alleged ill-treatment. The applicants also complain that they were subjected to forced medical examinations during their detention. QUESTIONS tO THE PARTIES 1.     Have the applicants been subjected to torture or inhuman or degrading treatment by police officers and custodial staff during their arrest and detention, in breach of Article   3 of the Convention?   2.     Did the material conditions of the applicants’ detention, amount to inhuman or degrading treatment? In particular: (a)     What were the dimensions of the cell? How many persons were detained in that cell at the same time as the applicants? Did the applicants have a separate bed and bedding? (b)     Was the cell adequately lit and ventilated? What were the sanitary conditions inside the cell? (c)     Did the applicants have appropriate provisions of food, water, bedding and other necessities?   3.     Have the competent domestic authorities conducted an adequate investigation into the applicants’ allegations of ill-treatment, as required by the procedural obligation under Article 3 of the Convention?   4.     Did the applicants have effective domestic remedies at their disposal for their complaint under Article 3 concerning the alleged ill-treatment, as required by Article 13 of the Convention?   5.     Were the applicants deprived of their liberty in breach of Article   5 §   1 of the Convention? In particular, was the applicants’ “administrative” detention in compliance with domestic procedural rules (see Huseynli and   Others v. Azerbaijan , nos.   67360/11 and 2 others, §§ 142-149, 11   February 2016)?   6.     Was Article 6 of the Convention under its criminal head applicable to the proceedings in all cases? In the affirmative, did the applicants have a fair hearing in the determination of the criminal charges against them, in accordance with Article 6 §§ 1 and 3 of the Convention? Were the applicants afforded adequate facilities to prepare their defence, as required by Article 6 § 3 (b) of the Convention? Were the applicants afforded an opportunity to defend themselves through legal assistance of their own choosing, as required by Article 6 § 3 (c) of the Convention? In particular, were the applicants’ right to be defended by a lawyer of their own choice restricted during the questioning at the police station and the proceedings at the first-instance court?   7.     Has there been an interference with the applicants’ right to respect for their private life, on account of their alleged     forced medical examinations while in detention, within the meaning of Article   8 §   1 of the Convention? If so, was that interference in accordance with the law and necessary in terms of Article   8 §   2?   8.     Have the applicants suffered discrimination on the ground of their actual and/or perceived sexual orientation contrary to Article 14 of the Convention, this provision being read in conjunction with Articles 3, 5 and 8 of the Convention?   9.     The Government are requested to submit copies of all documents relating to the proceedings concerning the applicants’ arrest and administrative detention (including the documents concerning the applicants’ medical examination, their lawyers’ requests (if any) for such examination to be carried out and the copy of the Baku Court of Appeal’s decision of 29 September 2017 in respect of the application no. 17374/18).       No. Application no. Lodged on Applicant Year of birth Represented by 1 17184/18 28/03/2018 A 1990 Khalid Zakir oglu BAGIROV 2 17195/18 28/03/2018 B 1996 Khalid Zakir oglu BAGIROV 3 17201/18 30/03/2018 C 1999 Khalid Zakir oglu BAGIROV 4 17206/18 30/03/2018 D 1993 Khalid Zakir oglu BAGIROV 5 17234/18 28/03/2018 E   Khalid Zakir oglu BAGIROV 6 17263/18 26/03/2018 F 1990 Khalid Zakir oglu BAGIROV 7 17374/18 29/03/2018 G 1985 Khalid Zakir oglu BAGIROV 8 17698/18 30/03/2018 H 1995 Khalid Zakir oglu BAGIROV 9 17712/18 30/03/2018 I 1998 Khalid Zakir oglu BAGIROV 10 17740/18 30/03/2018 J 1993 Khalid Zakir oglu BAGIROV 11 17755/18 30/03/2018 K 1980 Khalid Zakir oglu BAGIROV 12 17757/18 28/03/2018 L 1994 Khalid Zakir oglu BAGIROV 13 17833/18 28/03/2018 M 1998 Khalid Zakir oglu BAGIROV 14 17841/18 02/04/2018 N 1993 Khalid Zakir oglu BAGIROV 15 17848/18 28/03/2018 O 1988 Khalid Zakir oglu BAGIROV 16 17852/18 28/03/2018 P 1989 Khalid Zakir oglu BAGIROV 17 17889/18 28/03/2018 Q 1983 Khalid Zakir oglu BAGIROV 18 17901/18 28/03/2018 R 1993 Khalid Zakir oglu BAGIROV 19 17951/18 28/03/2018 S 1979 Khalid Zakir oglu BAGIROV 20 17963/18 30/03/2018 T 1978 Khalid Zakir oglu BAGIROV 21 17999/18 30/03/2018 U 1989 Khalid Zakir oglu BAGIROV 22 18009/18 28/03/2018 V 1994 Khalid Zakir oglu BAGIROV 23 18017/18 30/03/2018 W 1991 Khalid Zakir oglu BAGIROV 24 19503/18 14/04/2018 X 1988 Khalid Zakir oglu BAGIROV 25 21420/18 21/04/2018 Y 1997   Khalid Zakir oglu BAGIROV