![\"INTRODUCTION\"](\"https:\/\/laweuro.com\/wp-content\/uploads\/2021\/10\/INTRODUCTION.jpg\")
. The case concerns, under Article 5 \u00a7 1 of the Convention, the applicant\u2019s detention without a court order for certain periods of time.<\/p>\n. The case concerns, under Article 5 \u00a7 1 of the Convention, the applicant\u2019s detention without a court order for certain periods of time.<\/p>\n
FIFTH SECTION This judgment is final but it may be subject to editorial revision.<\/p>\n In the case of Fayzov v. Azerbaijan,<\/strong><\/p>\n The European Court of Human Rights (Fifth Section), sitting as a Committee composed of:<\/p>\n M\u0101rti\u0146\u0161 Mits, President, Having regard to:<\/p>\n the application against the Republic of Azerbaijan lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (\u201cthe Convention\u201d) by an Azerbaijani national, Mr\u00a0IldarRustamovi\u00e7Fayzov (\u0130ldarR\u00fcst\u0259movi\u00e7Fayzov – \u201cthe applicant\u201d), on 26 July 2012;<\/p>\n the decision to give notice to the Azerbaijani Government (\u201cthe Government\u201d) of the complaint concerning Article 5 \u00a7 1 of the Convention and to declare inadmissible the remainder of the application;<\/p>\n the parties\u2019 observations;<\/p>\n Having deliberated in private on 28 January 2021,<\/p>\n Delivers the following judgment, which was adopted on that date:<\/p>\n 1. The case concerns, under Article 5 \u00a7 1 of the Convention, the applicant\u2019s detention without a court order for certain periods of time.<\/p>\n THE FACTS<\/strong><\/p>\n 2. The applicant was born in 1983 and lived at the material time in Baku. He was represented by Mr A. Ismayilov, a lawyer based in Baku. The Government were represented by their Agent, Mr \u00c7. \u018fsg\u0259rov.<\/p>\n 3. The facts of the case, as submitted by the parties, may be summarised as follows.<\/p>\n 4. On 18 January 2012 criminal proceedings were instituted against the applicant under Article 234.1 (illegal possession of narcotic substances in an amount exceeding that necessary for personal use, without intention to sell) of the Criminal Code. On 19 January 2012 the Surakhani District Court (\u201cthe District Court \u201c) ordered the applicant\u2019s detention pending trial for a period of two months.<\/p>\n 5. On 13 March 2012 the District Court extended the applicant\u2019s remand in custody until 18 April 2012.<\/p>\n 6. On 16 April 2012 the prosecutor in charge of the criminal case (\u201cthe prosecutor\u201d) sent the indictment to the court.<\/p>\n 7. By decision of 3 May 2012, the District Court remitted the case back to the prosecutor due to the violation of the applicant\u2019s right to the legal assistance. The court also extended the applicant\u2019s remand in custody until 3 June 2012.<\/p>\n 8. On 26 May 2012 the prosecutor lodged the indictment with the District Court.<\/p>\n 9. On an unspecified date the applicant lodged a request before District Court asking for his release and termination of the criminal proceedings against him. By the decision of 22 June 2012, the District Court dismissed the applicant\u2019s request and ordered that the preventive measure of remand in custody applied in respect of him remain \u201cunchanged\u201d. By the same decision, the District Court also accepted the bill of indictment of the prosecutor and fixed a hearing for 3 July 2012.<\/p>\n RELEVANT LEGAL FRAMEWORK<\/p>\n 10. A detailed description of the relevant provisions of the Code of Criminal Procedure (the CCrP) concerning pre-trial detention can be found in Farhad Aliyev v. Azerbaijan (no. 37138\/06, \u00a7\u00a7\u00a083-102, 9 November 2010) and Muradverdiyev v. Azerbaijan (no.\u00a016966\/06, \u00a7\u00a7 35-49, 9\u00a0December 2010).<\/p>\n THE LAW<\/strong><\/p>\n I. ALLEGED VIOLATION OF ARTICLE 5 \u00a7 1 OF THE CONVENTION<\/p>\n 11. The applicant complained that he had been detained without a court order during the periods between 18 April and 3 May 2012 and between 3\u00a0and 22\u00a0June 2012. He relied on Article 5 \u00a7 1 of the Convention which reads as follows, in the relevant part:<\/p>\n \u201c1. Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law:<\/p>\n …<\/p>\n (c) the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so; …\u201d<\/p>\n A. Admissibility<\/strong><\/p>\n 12. The Court notes that this complaint is not manifestly ill-founded within the meaning of Article 35 \u00a7 3 (a) of the Convention. It is not inadmissible on any other grounds. It must therefore be declared admissible.<\/p>\n B. Merits<\/strong><\/p>\n 1. The parties\u2019 submissions<\/em><\/p>\n 13. The Government did not submit any observations on the merits.<\/p>\n 14. The applicant maintained his complaint.<\/p>\n 2. The Court\u2019s assessment<\/em><\/p>\n 15. The Court notes that on 19 January 2012 the District Court ordered the applicant\u2019s pre-trial detention for two months. On 13 March 2012 the District Court extended it until 18 April 2012 and the latter date marked the expiry of the judicial detention order. On 16 April 2012 the investigation was completed and the indictment was sent to the District Court for trial. On 3 May 2012 District Court remitted the case back to the prosecutor office and extended the applicant\u2019s remand in custody by a month, until 3 June 2012. Accordingly, during the period from 18 April to 3 May 2012 the applicant was detained in the absence of any judicial order authorising his detention.<\/p>\n 16. The Court furthermore notes that the period of the applicant\u2019s pre-trial detention, authorised by the District Court\u2019s most recent detention order of 3 May 2012, expired on 3 June 2012. On 26 May 2012 the prosecutor lodged the indictment with the District Court. On 22 June 2012 District Court ordered, among other things, that the preventive measure of remand in custody applied in respect of the applicant remain \u201cunchanged\u201d. Consequently, the applicant\u2019s detention during the period from 3 to 22 June 2012 was also in the absence of any judicial order authorising his detention.<\/p>\n 17. In this connection, the Court notes that it has already examined a similar complaint in numerous cases against Azerbaijan concerning the practice of holding applicants in custody solely on the basis of the fact that an indictment has been filed with a trial court. In those cases, the Court concluded that there had been a violation of Article 5 \u00a7 1 of the Convention, in that the applicants\u2019 detention had not been based on a court decision and had therefore been unlawful within the meaning of that provision (see, among other cases, Farhad\u00a0Aliyev, cited above, \u00a7\u00a7 174-179; Allahverdiyev v.\u00a0Azerbaijan, no.\u00a049192\/08, \u00a7\u00a7\u00a045\u201146, 6 March 2014; andHaziyev v.\u00a0Azerbaijan, no. 19842\/15, \u00a7\u00a7 25-31, 6\u00a0December 2018). The Court sees no reason to reach a different conclusion in the present case, and concludes that the applicant\u2019s detention from 18 April to 3 May 2012 and from 3 to 22\u00a0June 2012, which was not based on a court order, was unlawful within the meaning of Article 5 \u00a7\u00a01.<\/p>\n 18. There has accordingly been a violation of Article 5 \u00a7 1 of the Convention.<\/p>\n II. APPLICATION OF ARTICLE\u00a041 OF THE CONVENTION<\/p>\n 19. Article\u00a041 of the Convention provides:<\/p>\n \u201cIf the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.\u201d<\/p>\n A. Damage<\/strong><\/p>\n 20. The applicant claimed 10,000euros (EUR) in respect of non\u2011pecuniary damage.<\/p>\n 21. The Government submitted that the applicant\u2019s claim was unsubstantiated.<\/p>\n 22. The Court awards the applicant the sum of EUR 4,500 under this head, plus any tax that may be chargeable on this amount.<\/p>\n B. Costs and expenses<\/strong><\/p>\n 23. The applicant claimed EUR 2,300 for legal costs incurred in the proceedings before the domestic authorities and the Court. He submitted the legal contract concluded with his representative.<\/p>\n 24. The Government submitted that the applicant\u2019s claim was unsubstantiated and excessive. In that connection, the Government asked the Court to apply a strict approach in respect of the applicant\u2019s claim.<\/p>\n 25. According to the Court\u2019s case-law, an applicant is entitled to the reimbursement of costs and expenses only in so far as it has been shown that these have been actually and necessarily incurred and are reasonable as to quantum. In the present case, regard being had to the documents in its possession and the above criteria, the Court considers it reasonable to award the sum of EUR 850 covering costs under all heads, plus any tax that may be chargeable on the applicant.<\/p>\n C. Default interest<\/strong><\/p>\n 26. The Court considers it appropriate that the default interest should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points.<\/p>\n FOR THESE REASONS, THE COURT, UNANIMOUSLY,<\/strong><\/p>\n 1. Declares the application admissible;<\/p>\n 2. Holds that there has been a violation of Article 5 \u00a7 1 of the Convention;<\/p>\n 3. Holds<\/p>\n (a) that the respondent State is to pay the applicant, within three months, the following amounts, to be converted into the currency of the respondent State at the rate applicable at the date of settlement:<\/p>\n (i) EUR 4,500 (four thousand five hundred euros), plus any tax that may be chargeable, in respect of non-pecuniary damage;<\/p>\n (ii) EUR 850 (eight hundred and fifty euros), plus any tax that may be chargeable to the applicant, in respect of costs and expenses;<\/p>\n (b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points;<\/p>\n 4. Dismisses the remainder of the applicant\u2019s claim for just satisfaction.<\/p>\n Done in English, and notified in writing on 18 February 2021, pursuant to Rule\u00a077\u00a0\u00a7\u00a7\u00a02 and 3 of the Rules of Court.<\/p>\n Martina Keller \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 M\u0101rti\u0146\u0161 Mits
\nCASE OF FAYZOV v. AZERBAIJAN<\/strong>
\n(Application no. 48475\/12)<\/em>
\nJUDGMENT
\nSTRASBOURG
\n18 February 2021<\/p>\n
\nL\u0259tif H\u00fcseynov,
\nMattias Guyomar, judges,
\nand Martina Keller, Deputy Section Registrar,<\/p>\n<\/p>\n
\nDeputy Registrar \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0President<\/p>\n