Okay, here’s a breakdown of the European Court of Human Rights’ decision in the case of Muradverdiyev v. Azerbaijan:
The European Court of Human Rights found Azerbaijan in violation of Article 5, Sections 1 and 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The applicant, Mr. Muradverdiyev, complained about unlawful detention and the lack of justification for his pre-trial detention. The Court determined that Mr. Muradverdiyev’s unrecorded detention on June 20, 2013, from 9:30 a.m. to 7 p.m. constituted a breach of Article 5 § 1. Additionally, the Court found a violation of Article 5 § 3 due to the domestic courts’ failure to provide sufficient reasons for applying pre-trial detention. The applicant was awarded EUR 3,900 for non-pecuniary damage and EUR 500 for costs and expenses.
**Structure and Main Provisions of the Decision**
The judgment is structured in the standard ECHR format, beginning with the procedure, outlining how the case was brought before the Court. It then summarizes the facts of the case as presented by the applicant. The core of the judgment lies in “The Law,” where the Court assesses the alleged violations of the Convention.
* **Article 5 § 1 Violation:** The Court refers to its established case-law, emphasizing that any deprivation of liberty must be lawful and protect individuals from arbitrariness. It cites previous cases against Azerbaijan where similar violations were found. The key finding here is that the applicant’s detention was “unrecorded,” making it unlawful under Article 5 § 1.
* **Article 5 § 3 Violation:** The Court also refers to its well-established case-law on the requirement for sufficient reasons for pre-trial detention. It concludes that the domestic courts failed to provide these reasons, thus violating Article 5 § 3.
* **Remaining Complaints:** The Court states that it has addressed the main legal questions and does not need to rule separately on the other complaints raised by the applicant.
* **Article 41 (Just Satisfaction):** The Court awards the applicant compensation for non-pecuniary damage and legal costs.
**Key Provisions for Use**
* **Unrecorded Detention:** The judgment reinforces the principle that any detention must be properly documented. This is crucial for preventing arbitrary deprivations of liberty.
* **Justification for Pre-Trial Detention:** The decision highlights the obligation of domestic courts to provide clear and sufficient reasons when ordering pre-trial detention. This ensures that such measures are not applied arbitrarily and are subject to proper scrutiny.
* **Reliance on Established Case-Law:** The Court’s reliance on previous cases against Azerbaijan indicates a pattern of similar violations, which can be used in future cases against the country.
**** This decision is important as it adds to the body of case law concerning human rights violations in Azerbaijan, particularly regarding unlawful detention.
