CEDH · CASELAW;COMMUNICATEDCASES;ENG — 15 janvier 2025

.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 3 February 2025   THIRD SECTION Application no. 30811/17 Tofig YAGUBLU against Azerbaijan lodged on 22 April 2017 communicated on 15 January 2025 SUBJECT MATTER OF THE CASE The applicant was the deputy chairman of an opposition political party. He also worked as a columnist for that party’s   newspaper. On 23 January 2013 rioting broke out in the town of Ismayilli. According to media reports, following an incident involving a relative of a government official, large numbers of local residents took to the streets and destroyed a number of commercial establishments and other properties in the town. The applicant, together with several other persons, travelled to Ismayilli the next day. According to him, the purpose of his visit was to cover the events as a journalist. Shortly after his arrival, he was arrested and was sent back to Baku in his own car accompanied by a police car. Several days later, criminal proceedings were instituted against the applicant and several other individuals. The applicant was charged with the criminal offences under Articles 233 (organising or actively participating in actions causing a breach of public order) and 315.2 (resistance to or violence against public officials, posing a threat to their life or health) of the Criminal Code, and was detained on remand. Subsequently, the charges under Article 233 of the Criminal Code were re-classified under Article 220.1 (mass disorder) of the Criminal Code. The issues relating to the lawfulness of the applicant’s pre-trial detention were the subject of the Court’s examination in Yagublu v. Azerbaijan (no.   31709/13, 5 November 2015), in which it found a violation of Article 5 §   1 of the Convention. In the framework of the same criminal proceedings, on 17   March 2014 the Shaki Court of Serious Crimes convicted the applicant under Articles 220.1 and 315.2 of the Criminal Code and sentenced him to five years’ imprisonment. Following a series of appeals and remittals, on 18 November 2016 the Supreme Court upheld the applicant’s conviction and sentence. The   applicant complains under Article 6 §§ 1 and 3 (b) and (d) of the Convention that the criminal proceedings against him were not compliant with a number of fair-trial guarantees. 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 and 3 (b) and   (d) of the Convention (see Ilgar Mammadov v. Azerbaijan (no. 2) , no.   919/15, §§   204 et seq., 16   November 2017)? In particular, was the applicant’s right to a reasoned judgment based on a proper examination of the submissions and evidence respected in the present case? Was the principle of equality of arms respected as regards the conditions afforded to the defence to present its case? Was the applicant afforded adequate time and facilities to prepare his defence? 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?   Where appropriate, the parties are requested to support their responses to the above questions by references to specific pages of the domestic judgments, decisions, transcripts of hearings, or other relevant documents.