CEDH · CASELAW;COMMUNICATEDCASES;ENG — 28 novembre 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 } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .sA36B60A1 { font-family:Arial; font-style:italic } .sA1D3DA2E { margin-top:0pt; margin-bottom:0pt; text-align:justify } .s5FFF0A75 { margin-top:0pt; margin-bottom:0pt; font-size:7pt } .s6DB91820 { text-align:center } .s8BB62139 { margin-right:auto; margin-left:auto; 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 } .s598389F9 { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:12pt } .sE8934522 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top } Published on 16 December 2024   THIRD SECTION Application no. 23311/18 Arzu HAJIYEVA against Azerbaijan and 2 other applications (see list appended) communicated on 28 November 2024 SUBJECT MATTER OF THE CASE The applications concern the applicants’ alleged ill-treatment by police/prison officers and ineffective investigations into those allegations. According to the applicants, they were ill-treated by the officers, following which they lodged criminal complaints with the prosecuting authorities. The prosecuting authorities rejected the applicants’ complaints of ill ‑ treatment as unsubstantiated. The applicants’ complaints against the prosecuting authorities lodged before the domestic courts were unsuccessful. The applicants complain under Article 3 of the Convention that they were subjected to ill-treatment by the police/prison officers and that the domestic authorities failed to conduct an effective investigation in that regard. Relying on Article 13 of the Convention, the applicant in application no. 30480/18 also complains that there was no effective remedy in respect of his alleged ill-treatment. The applicant in application no. 23311/18 also complains under Article 10 of the Convention that the police officers interfered with her journalistic activity and ill-treated her while she was reporting.   QUESTIONS TO THE PARTIES 1.     Have the applicants been subjected to torture or inhuman or degrading treatment, in breach of Article   3 of the Convention (see Labita v.   Italy [GC], no.   26772/95, § 119, ECHR 2000-IV, and Mustafa Hajili v.   Azerbaijan, no.   42119/12, §§ 34-37, 24 November 2016)?   2.     Having regard to the procedural protection from torture or inhuman or degrading treatment (see Labita , cited above, § 131, and Mustafa Hajili , cited above, §§ 47-48), were the investigations in the present cases by the domestic authorities in breach of Article   3 of the Convention?   3. Did the applicant in application no. 30480/18 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?   4.     In application no. 23311/18, has there been an interference with the applicant’s freedom of expression, in particular her right to receive and impart information, within the meaning of Article   10 §   1 of the Convention (see   Najafli v. Azerbaijan , no. 2594/07, § 66, 2 October 2012)? If so, was that interference prescribed by law and necessary in terms of Article   10 §   2?   The Government are requested to submit copies of all documents concerning the investigations into the alleged ill-treatment (complaints, decisions and other relevant documents).     APPENDIX No. Application no. Case name Applicant Year of Birth Place of Residence Represented by 1. 23311/18 Hajiyeva v. Azerbaijan Arzu Atdikhan gizi HAJIYEVA 1973 Baku Javad JAVADOV 2. 30480/18 Nuruzade v. Azerbaijan Ahsan Muzaffar oglu NURUZADE 1976 Baku Fariz NAMAZLI 3. 32546/18 Safarov v. Azerbaijan Rufat Eldar oglu SAFAROV 1981 Baku Yalchin IMANOV   Bahruz BAYRAMOV