CEDH · CASELAW;COMMUNICATEDCASES;ENG — 27 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 } .sA36B60A1 { font-family:Arial; font-style:italic } Published on 16 December 2024   THIRD SECTION Application no. 34282/18 Faig AMIROV against Azerbaijan lodged on 17 July 2018 communicated on 27 November 2024 SUBJECT MATTER OF THE CASE The present application concerns the criminal proceedings against the applicant who was an active member of the Popular Front Party and worked as the financial director of the Azadlig newspaper. By a judgment of 24 July 2017, the Sabail District Court sentenced the applicant to three years and three months’ imprisonment for tax evasion and incitement to ethnic, racial, social or religious hatred and hostility under Articles 213.1 and 283.2.2 of the Criminal Code. On 15 September 2017 the Baku Court of Appeal confirmed the conviction but changed the sentence and decided to conditionally suspend it for three years. The applicant was released from the courtroom. By a judgment of 27 February 2018, the Supreme Court upheld the judgment of the Baku Court of Appeal. Relying on Article 6 of the Convention, the applicant complains of unfairness of the proceedings since his conviction was based on fabricated and unlawfully obtained evidence and that the domestic courts’ decisions were not reasoned. QUESTIONS TO THE PARTIES Did the applicant have a fair hearing in the determination of the criminal charges against him in accordance with Article   6 §   1 of the Convention (see Fatullayev v. Azerbaijan (no. 2) , no. 32734/11, §§ 76-83, 7 April 2022, and Rustamzade v. Azerbaijan (no. 2) , no.   22323/16, §§ 35-44, 23 February 2023)? In particular: (a) Did the domestic courts establish the existence of all the elements of the criminal offences of which the applicant was convicted and provide reasons for their decisions? (b) Was the applicant’s conviction based on unlawfully obtained evidence? (c) Was the applicant afforded an adequate opportunity to contest the evidence against him, and to adduce evidence in support of his line of defence and to have such evidence assessed by the court?   The Government are requested to submit copies of all the documents in the case file relating to the domestic proceedings.