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• Europäischer Gerichtshof für Menschenrechte

  RASHAD HASANOV AND OTHERS v. AZERBAIJAN

  Violation of Article 5 - Right to liberty and security (Article 5-1 - Lawful arrest or detention;Article 5-1-c - Reasonable suspicion);Violation of Article 18+5-1-c - Limitation on use of restrictions on rights (Article 18 - Restrictions for unauthorised purposes) ...

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• Europäischer Gerichtshof für Menschenrechte (Verfahrensmitteilung)

  RASHAD HASANOV v. AZERBAIJAN

  Art. 5, Art. 5 Abs. 1 Buchst. c, Art. 5 Abs. 3, Art. 18 MRK
  [ENG]

Wird zitiert von ... (3)Neu Zitiert selbst (5)

• EGMR, 17.03.2016 - 69981/14

  RASUL JAFAROV v. AZERBAIJAN

  Auszug aus EGMR, 07.06.2018 - 48653/13

  A detailed description of the relevant parts of the decisions of the Plenum of the Supreme Court on the application of the provisions of the European Convention for the Protection of Human Rights and Fundamental Freedoms and the case-law of the European Court of Human Rights in the administration of justice, dated 30 March 2006, and on the application of the legislation by the courts during the consideration of applications for the preventive measure of remand in custody in respect of an accused, dated 3 November 2009, can be found in Rasul Jafarov v. Azerbaijan (no. 69981/14, §§ 50-76 and §§ 79-80, 17 March 2016).

  A person may be detained under Article 5 § 1 (c) only in the context of criminal proceedings, for the purpose of bringing him or her before the competent legal authority on "reasonable suspicion" of "having committed an offence" (see Jecius v. Lithuania, no. 34578/97, § 50, ECHR 2000-IX, and Rasul Jafarov v. Azerbaijan, no. 69981/14, § 114, 17 March 2016).

• EGMR, 31.07.2000 - 34578/97

  JECIUS v. LITHUANIA

  Auszug aus EGMR, 07.06.2018 - 48653/13

  A person may be detained under Article 5 § 1 (c) only in the context of criminal proceedings, for the purpose of bringing him or her before the competent legal authority on "reasonable suspicion" of "having committed an offence" (see Jecius v. Lithuania, no. 34578/97, § 50, ECHR 2000-IX, and Rasul Jafarov v. Azerbaijan, no. 69981/14, § 114, 17 March 2016).
• EGMR, 10.11.1969 - 1602/62

  Stögmüller ./. Österreich

  Auszug aus EGMR, 07.06.2018 - 48653/13

  The Court reiterates that the persistence of reasonable suspicion that an arrested person has committed an offence is a prerequisite for the lawfulness of his or her continued detention (see, among many other authorities, Stögmüller v. Austria, 10 November 1969, p. 40, § 4, Series A no. 9, and McKay v. the United Kingdom [GC], no. 543/03, § 44, ECHR 2006-X).
• EGMR, 19.10.2000 - 27785/95

  WLOCH v. POLAND

  Auszug aus EGMR, 07.06.2018 - 48653/13

  Thus, clearly there could not be a "reasonable suspicion" if the acts held against a detained person did not constitute an offence at the time they were committed (see Wloch v. Poland, no. 27785/95, § 109, ECHR 2000-XI; Kandzhov v. Bulgaria, no. 68294/01, § 57, 6 November 2008, and Rasul Jafarov, cited above, § 118).
• EGMR, 05.11.2015 - 31709/13

  YAGUBLU v. AZERBAIJAN

  Auszug aus EGMR, 07.06.2018 - 48653/13

  Accordingly, while reasonable suspicion must exist at the time of the arrest and initial detention, it must also be shown, in cases of prolonged detention, that the suspicion persisted and remained "reasonable" throughout the detention (see Ilgar Mammadov, cited above, § 90, and Yagublu v. Azerbaijan, no. 31709/13, § 56, 5 November 2015).

• EGMR, 18.01.2024 - 4854/10

  HAJIZADE AND ABDULLAYEV v. AZERBAIJAN

  The general principles relevant to the present complaint are set out in, among other authorities, Rashad Hasanov and Others v. Azerbaijan (nos. 48653/13 and 3 others, §§ 91-96, 7 June 2018).
• EGMR, 12.09.2023 - 2059/16

  HASANOV AND OTHERS v. AZERBAIJAN

  The applicants' arrest and pre-trial detention were the subject of the Court's judgment in Rashad Hasanov and Others v. Azerbaijan (nos. 48653/13 and 3 others, 7 June 2018) in which violations of Articles 5 and 18 of the Convention were found.
• EGMR, 27.02.2020 - 30778/15

  KHADIJA ISMAYILOVA v. AZERBAIJAN (No. 2)

  As regards other evidence, including statements of witnesses, as referred to by the Government (see paragraph 63 above), the Court observes that this unspecified evidence did not appear in the official documents of the prosecuting authorities or domestic courts concerning the applicant's pre-trial detention (see Rashad Hasanov and Others v. Azerbaijan, nos. 48653/13 and 3 others, § 105, 7 June 2018 and Ilgar Mammadov, cited above, § 96, and compare Tanrikulu and Others v. Turkey, nos. 29918/96 and 2 others, § 30, 6 October 2005).