CEDH · CASELAW;COMMUNICATEDCASES;ENG — 3 mai 2024

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s29100277 { font-family:Arial; font-weight:bold } .sE208486F { font-family:Arial; color:#ff0000 } .sA36B60A1 { font-family:Arial; font-style:italic } Published on 21 May 2024   FIRST SECTION Application no. 33067/23 Gubad IBADOGLU against Azerbaijan lodged on 31 August 2023 communicated on 3 May 2024 SUBJECT MATTER OF THE CASE The application concerns the alleged lack of adequate medical treatment of the applicant during his pre-trial detention and the alleged inhuman and degrading material conditions of detention, as well as the alleged lack of effective remedies in that regard. The applicant is an Azerbaijani politician, who is the head of a political party and an academic. On 24 July 2023 he was charged under Article 204.3.1 of the Criminal Code (production of counterfeit money, with the intent of bringing it into circulation, committed by an organised group). On 25 August 2023 he was additionally charged under 167-3.1 of the Criminal Code (possession of extremist religious materials). On 24 July 2023 the Narimanov District Court ordered the applicant’s pre ‑ trial detention for three months and 26 days. The applicant unsuccessfully challenged that decision. The applicant suffers from type 2 diabetes, hypertension and lower back pain. During his detention he also developed or was diagnosed with several other health problems, including 4.1 cm in diameter enlargement of aorta. Later the applicant filed requests to replace the detention with house arrest, complaining, inter alia , that he had serious health problems and that his health condition had deteriorated. The requests were rejected. His requests to the Main Medical Department of the Ministry of Justice to be placed in a hospital due to the deterioration of his health condition was also rejected. Furthermore, the applicant’s complaint to the Narimanov District Court about his alleged poor conditions of detention, including alleged lack of adequate medical treatment, was also unsuccessful. The applicant complains under Article 3 of the Convention that his health condition is incompatible with his detention. He alleges that no adequate medical treatment or other measures needed for his multiple health problems have been provided, and that since his detention his health condition has significantly deteriorated. Furthermore, he was not given access to his medical documents. The applicant also alleges that he has been kept in a less than 20 square meters cell with five more men, that the cell has no ventilation or natural light, and that electric lights in the cell are kept constantly on. The applicant lastly complains under Article 13 of the Convention that there are no available effective remedies for his complaints under Article 3 of the Convention. QUESTIONS TO THE PARTIES 1.     Did the circumstances and manner of the treatment by the detention facility authorities of the applicant’s ailments amount to inhuman treatment contrary to Article 3 of the Convention? Was the applicant given adequate medical care during his detention? In particular, was he provided with medications? If yes, for which of his ailments? 2.     Did the applicant at any point refuse to accept medications (if any) provided by the authorities? If yes, when? 3.     Did the applicant inform the authorities that his family was not going to continue supplying him with medications? If yes, when? 4.     Did the material conditions of the applicant’s detention, including the personal space available in the cell, amount to inhuman or degrading treatment contrary to Article 3 of the Convention? 5.     Did the applicant have at his disposal an effective domestic remedy for his complaints under Article 3 of the Convention, as required by Article   13 of the Convention?   The parties are requested to provide documentary evidence in support of their replies and submissions .