This judgment has become final under Article 44 § 2 of the Convention. It may be subject to editorial revision. PASHAYEV v. AZERBAIJAN JUDGMENT 1 In the case of Pashayev v. Azerbaijan, The European Court of Human Rights (First Section), sitting as a Chamber composed of: Nina Vajić, President, Peer Lorenzen, Khanlar Hajiyev, Mirjana Lazarova Trajkovska, Julia Laffranque, Linos-Alexandre Sicilianos, Erik Møse, judges, and Søren Nielsen, Section Registrar, Having deliberated in private on 7 February 2012, Delivers the following judgment, which was adopted on that date: PROCEDURE 1. The case originated in an application (no. 36084/06) against the Republic of Azerbaijan lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by an Azerbaijani national, Mr Chingiz Amirhamza Oglu Pashayev (“Çingiz Əmirhəmzə...
FIRST SECTION CASE OF PASHAYEV v. AZERBAIJAN (Application no. 36084/06) JUDGMENT STRASBOURG 28 February 2012 FINAL 28/05/2012 This judgment has become final under Article 44 § 2 of the Convention. It may be subject to editorial revision.
PASHAYEV v. AZERBAIJAN JUDGMENT 1 In the case of Pashayev v. Azerbaijan, The European Court of Human Rights (First Section), sitting as a Chamber composed of: Nina Vajić, President, Peer Lorenzen, Khanlar Hajiyev, Mirjana Lazarova Trajkovska, Julia Laffranque, Linos-Alexandre Sicilianos, Erik Møse, judges, and Søren Nielsen, Section Registrar, Having deliberated in private on 7 February 2012, Delivers the following judgment, which was adopted on that date: PROCEDURE 1. The case originated in an application (no. 36084/06) against the Republic of Azerbaijan lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by an Azerbaijani national, Mr Chingiz Amirhamza Oglu Pashayev (“Çingiz Əmirhəmzə oğlu Paşayev - the applicant”), on 4 August 2006. 2. The applicant was represented by Mr E. Zeynalov, a lawyer practising in Baku. The Azerbaijani Government (“the Government”) were represented by their Agent, Mr Ç. Asgarov. 3. The applicant alleged, in particular, that the conditions of his detention were harsh and that he had been denied adequate medical assistance in prison. He argued that domestic proceedings concerning the alleged lack of medical assistance had been held in his absence. The applicant further alleged that his right of access to court and right of appeal in criminal matters had been violated by the domestic courts’ failure to examine the appeal against his criminal conviction. 4. On 24 September 2009 the Court declared the application partly inadmissible and decided to communicate the complaint to the Government concerning the conditions of the applicant’s detention, lack of medical assistance, unfairness of the civil proceedings and the domestic courts’ failure to examine the applicant’s appeal against his criminal conviction. It also decided to rule on the admissibility and merits of the application at the same time (Article 29 § 1).
2 PASHAYEV v. AZERBAIJAN JUDGMENT THE FACTS I. THE CIRCUMSTANCES OF THE CASE 5. The applicant was born in 1957 in Baku and is currently serving a life sentence in Gobustan Prison. A. The applicant’s criminal conviction and commutation of his sentence 6. The applicant was a member of an organised criminal group which committed a series of robberies and murders in the Azerbaijan SSR, Russian SFSR and Georgian SSR between 1987 and 1989. 7. On 12 November 1991 the Supreme Court of Azerbaijan, sitting as the court of first instance, convicted the applicant of involvement in organised crime and premeditated murder. By way of a merger of sentences, the applicant was sentenced to death and confiscation of property. Being a decision of the highest tribunal, this judg...