Ilgar Mammadov v. Azerbaijan - 15172/13 - Legal Summary [2014] ECHR 674 (22 May 2014)

Ilgar Mammadov v. Azerbaijan - 15172/13 - Legal Summary [2014] ECHR 674 (22 May 2014)

The applicant's detention was not supported by any objective evidence or reasonable suspicion, and was applied for purposes other than bringing him before a competent legal authority, namely to silence his criticism of the Government.

Source-derived case information.

Citation
[2014] ECHR 674
Parties
Applicant: Ilgar Mammadov; Respondent: Azerbaijan
Jurisdiction
European Union
Judgment Date
22 May 2014
Procedural Posture
Application to European Court of Human Rights / Final Judgment
Outcome
violation of Articles 5 § 1 (c), 5 § 4, 6 § 2, and 18 of the European Convention on Human Rights
Legal Topics
Arbitrary Detention, Freedom of Expression, Presumption of Innocence, Abuse of Power
Human Rights Criminal Law Arbitrary Detention Freedom of Expression Presumption of Innocence Abuse of Power

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Parties

Ilgar Mammadov

Applicant

Azerbaijan

Respondent

Procedural Posture

Application to European Court of Human Rights / Final Judgment

Legal Issues

  1. 1 whether the applicant's detention was based on reasonable suspicion
  2. 2 whether public statements violated presumption of innocence
  3. 3 whether restriction of liberty was for unauthorised purposes

Ratio Decidendi

The applicant's detention was not supported by any objective evidence or reasonable suspicion, and was applied for purposes other than bringing him before a competent legal authority, namely to silence his criticism of the Government.

Court Disposition

violation of Articles 5 § 1 (c), 5 § 4, 6 § 2, and 18 of the European Convention on Human Rights

Orders

  • EUR 20,000 awarded for non-pecuniary damage
  • claim for pecuniary damage dismissed