The ECHR ordered the Azerbaijani authorities to pay compensation to three applicants for 34 thousand euros

Baku/12.10.23/Turan: On October 12, the European Court of Human Rights (ECHR) announced two decisions on Azerbaijan, recognizing violations of the applicants' rights, the website reports aihmaz.org .

In the case of Mammad Gurbanov and Nadir Mammadov v. Azerbaijan, the applicants lived in the Nakhchivan Autonomous Republic at the time of the alleged violation of their rights.

They were engaged in small business. On December 7, 2020, they were detained at the Sadarak customs checkpoint on the Azerbaijani-Turkish border in their cars loaded with goods.

On December 8, customs officers demanded bribes from them for processing imported goods. The applicants refused to pay and told the press about the extortion; 20 customs officers subjected  them to physical pressure. After that, they were detained and taken to the Sadarak district police department, where they were tortured until December 11.

The local prosecutor's office charged them with using violence against government employees. The lawyer was allowed to see them only on December 24, and by that time there were signs of violence on the applicant's body. The prosecutor's office ignored the complaint, and the local courts also rejected the complaints, the report further says.

The ECHR recognized the violation of the applicants' rights under Articles 3 (right not to be tortured) and 5 (right to freedom and personal integrity) of the European Convention of Human Rights.

The court decided to pay them compensation in the amount of 10 thousand euros each and another 2 thousand euros to their legal representative Khalid Bagirov for reimbursement of court costs.

Another decision of the ECHR is related to the complaint of the infamous former rector of a private university in Azerbaijan, Elshad Abdullayev, who currently lives in Paris.

His brother, an employee of the Ministry of National Security of Azerbaijan Mahir Abdullayev disappeared without a trace on October 13, 2003. The next day, Elshad Abdullayev applied to the Yasamal district police department with a statement about the disappearance of his brother. However, the police refused to investigate.

After a complaint to the prosecutor's office about the inaction of the police, on November 14, 2003, a lawsuit was filed under Article 144.2. (kidnapping) of the Criminal Code. Three days later, Mahir Abdallayev's car was found.

On January 6, 2005, the case was reclassified to Article 120.1 (premeditated murder) of the Criminal Code, and the investigation was transferred to the Investigation Department for Serious Crimes of the Prosecutor General's Office.

On repeated appeals to the prosecutor's office, the applicant received a formal response about the continuation of the investigation.

After emigrating to France in 2012, lawyer Elshad Abdullayev asked the prosecutor's office for information about the investigation and copies of investigative documents. However, this was refused. The applicant filed a complaint with the court, but in vain.

The Strasbourg Court found a violation from the procedural point of view of Article 2 (right to life) of the European Convention and decided to pay the applicant compensation of 12 thousand euros, and another 70 euros for reimbursement of postage. ---03B06---