Volltextveröffentlichung

• Europäischer Gerichtshof für Menschenrechte

  MAMMADOV AND ABBASOV v. AZERBAIJAN

  Violation of Article 5 - Right to liberty and security (Article 5-1 - Lawful arrest or detention);Violation of Article 10 - Freedom of expression-general (Article 10-1 - Freedom of expression) (englisch)

Sonstiges

• Europäischer Gerichtshof für Menschenrechte (Verfahrensmitteilung)

  MAMMADOV AND ABBASOV v. AZERBAIJAN and 1 other application

  Art. 5, Art. 5 Abs. 1, Art. 5 Abs. 2, Art. 10, Art. 10 Abs. 1, Art. 13, Protokoll Nr. 1 Art. 1 MRK
  [ENG]

Wird zitiert von ... (13)Zitiert selbst (9)

alle Zitatstellen anzeigen
• EGMR, 23.09.1994 - 15890/89

  Auszug aus EGMR, 08.07.2021 - 1172/12

  In that connection, the Court considers it necessary to reiterate that freedom of expression constitutes one of the essential foundations of a democratic society and that the safeguards to be afforded to the press are of particular importance (see Jersild v. Denmark, 23 September 1994, § 31, Series A no. 298, and Goodwin v. the United Kingdom, 27 March 1996, § 39, Reports of Judgments and Decisions 1996-II).
• EGMR, 23.07.2013 - 41872/10

  M.A. c. CHYPRE

  Auszug aus EGMR, 08.07.2021 - 1172/12

  The Court reiterates its established case-law to the effect that Article 5 § 1 may also apply to deprivations of liberty of a very short length (see, among many authorities, M.A. v. Cyprus, no. 41872/10, § 190, ECHR 2013, and Zelčs v. Latvia, no. 65367/16, §§ 34-41, 20 February 2020).
• EGMR, 31.05.2018 - 33234/12

  Litauen und Rumänien mitverantwortlich für CIA-Folter

  Auszug aus EGMR, 08.07.2021 - 1172/12

  While it is for the applicant to make a prima facie case and adduce appropriate evidence, if the respondent Government in their response to his allegations fail to disclose crucial documents to enable the Court to establish the facts or otherwise provide a satisfactory and convincing explanation of how the events in question occurred, strong inferences can be drawn (see Al Nashiri v. Romania, no. 33234/12, §§ 491-92, 31 May 2018).

• EGMR, 13.06.2002 - 38361/97

  ANGUELOVA v. BULGARIA

  Auszug aus EGMR, 08.07.2021 - 1172/12

  The Court reiterates in this connection that the unrecorded detention of an individual is a complete negation of the fundamentally important guarantees contained in Article 5 of the Convention, and discloses a grave violation of that provision (see Anguelova v. Bulgaria, no. 38361/97, § 154, ECHR 2002-IV; Nagiyev v. Azerbaijan, no. 16499/09, § 64, 23 April 2015; and Mammadov and Others, cited above, § 89).
• EGMR, 13.04.2017 - 10653/10

  HUSEYNOVA v. AZERBAIJAN

  Auszug aus EGMR, 08.07.2021 - 1172/12

  Therefore, even assuming that the first applicant complied with procedural rules on lodging a complaint in accordance with the judicial review procedure, in the absence of a new decision by the investigating authorities to refuse to institute criminal proceedings, he could not have challenged the investigator's actions before the domestic courts (see Huseynova v. Azerbaijan, no. 10653/10, §§ 80-81, 13 April 2017).
• EGMR, 21.02.2019 - 35432/07

  MAMMADOV AND OTHERS v. AZERBAIJAN

  Auszug aus EGMR, 08.07.2021 - 1172/12

  The Court considers that the present complaint falls to be examined solely under Article 5 § 1 of the Convention (see Mammadov and Others v. Azerbaijan, no. 35432/07, § 81, 21 February 2019), which, in so far as relevant, reads as follows:.
• EGMR, 02.10.2012 - 2594/07

  [ENG]

  Auszug aus EGMR, 08.07.2021 - 1172/12

  The Court reiterates that public measures preventing journalists from doing their work or adversely affecting the exercise of their journalistic functions may raise issues under Article 10 (see Gsell v. Switzerland, no. 12675/05, § 49, 8 October 2009; Najafli v. Azerbaijan, no. 2594/07, § 36, 2 October 2012; and Pentikäinen v. Finland [GC], no. 11882/10, § 83, ECHR 2015).
• EGMR, 10.09.2020 - 69460/12

  SHURIYYA ZEYNALOV v. AZERBAIJAN

  Auszug aus EGMR, 08.07.2021 - 1172/12

  17153/11 and 29 others, §§ 71-73, 25 March 2014) and Shuriyya Zeynalov v. Azerbaijan (no. 69460/12, § 38, 10 September 2020).
• EGMR, 23.04.2015 - 16499/09

  NAGIYEV v. AZERBAIJAN

  Auszug aus EGMR, 08.07.2021 - 1172/12

  The Court reiterates in this connection that the unrecorded detention of an individual is a complete negation of the fundamentally important guarantees contained in Article 5 of the Convention, and discloses a grave violation of that provision (see Anguelova v. Bulgaria, no. 38361/97, § 154, ECHR 2002-IV; Nagiyev v. Azerbaijan, no. 16499/09, § 64, 23 April 2015; and Mammadov and Others, cited above, § 89).

alle Zitatstellen anzeigen
• EGMR, 08.09.2026 - 64510/17
  In some cases, the domestic courts admit for examination on the merits complaints of inaction on the part of those authorities (see Igbal Hasanov v. Azerbaijan, no. 46505/08, §§ 20-21, 15 January 2015, and Mammadov and Abbasov v. Azerbaijan, no. 1172/12, §§ 13-14, 8 July 2021).
• EGMR, 09.10.2025 - 31340/13

  MUKHTARLI AND OTHERS v. AZERBAIJAN

  Rn. 13 In the leading cases of Nagiyev v. Azerbaijan, no. 16499/09, 23 April 2015; Nasirov and Others v. Azerbaijan, no. 58717/10, 20 February 2020; and Mammadov and Abbasov v. Azerbaijan, no. 1172/12, 8 July 2021, the Court already found a violation in respect of issues similar to those in the present applications.

  Unlawful detention of the applicants, who were taken to a police station on suspicion of having committed an administrative offence following an incident at an electoral polling station where the applicants were election observers (see Nasirov and Others v. Azerbaijan, no. 58717/10, §§ 46-52, 20 February 2020, and Mammadov and Abbasov v. Azerbaijan, no. 1172/12, §§ 42-54, 8 July 2021).

• EGMR, 11.12.2025 - 13186/20

  Gewaltsame Auflösung der georgischen Proteste: Polizeieinsatz war unmenschliche …

  Il en va de même des arrestations de journalistes qui sont en train de couvrir une manifestation (Pentikäinen c. Finlande [GC], no 11882/10, § 83, CEDH 2015), ainsi que des mesures qui entravent l'utilisation du matériel professionnel des journalistes, par exemple celles consistant à leur retirer ce matériel (voir Hayk Grigoryan c. Arménie, no 9796/17, §§ 61-63, 3 avril 2025, et, mutatis mutandis, Mammadov et Abbasov c. Azerbaïdjan, no 1172/12, § 60 et 62, 8 juillet 2021).

• EGMR, 09.10.2025 - 31581/16

  JABBAROV v. AZERBAIJAN

  Rn. 9 In the leading cases of Nagiyev v. Azerbaijan, no. 16499/09, 23 April 2015; Emin Huseynov v. Azerbaijan, no. 59135/09, 7 May 2015; and Mammadov and Abbasov v. Azerbaijan, no. 1172/12, 8 July 2021, the Court already found a violation in respect of issues similar to those in the present case.

  Unlawful deprivation of liberty as a result of unrecorded and/or unacknowledged detention (see Nagiyev v. Azerbaijan, no. 16499/09, §§ 54-68, 23 April 2015; Emin Huseynov v. Azerbaijan, no. 59135/09, §§ 81-88, 7 May 2015; and Mammadov and Abbasov v. Azerbaijan, no. 1172/12, §§ 42-54, 8 July 2021).

• EGMR, 30.04.2025 - 9747/14

  MURADVERDIYEV v. AZERBAIJAN

  Rn. 9 In the leading cases of Nagiyev v. Azerbaijan, no. 16499/09, 23 April 2015; Emin Huseynov v. Azerbaijan, no. 59135/09, 7 May 2015; and Mammadov and Abbasov v. Azerbaijan, no. 1172/12, 8 July 2021, the Court already found a violation in respect of issues similar to those in the present cases.

  Unlawful deprivation of liberty as a result of unrecorded and/or unacknowledged detention (see Nagiyev v. Azerbaijan, no. 16499/09, §§ 54-68, 23 April 2015; Emin Huseynov v. Azerbaijan, no. 59135/09, §§ 81-88, 7 May 2015; and Mammadov and Abbasov v. Azerbaijan, no. 1172/12, §§ 42-54, 8 July 2021).

• EGMR, 22.05.2025 - 231/16

  GEVORGYAN v. ARMENIA

  In addition, while there is no evidence capable of proving beyond reasonable doubt that the police officers continued with what appears to have been attempts to grab the applicant's camera following her arrest, or that they stole one of her memory cards and damaged three others, the fact remains that a journalist was arrested and her journalistic equipment was temporarily retained and inspected without her having behaved in a manner that could have justified resort to such measures (contrast, Pentikäinen, cited above §§ 97-105, and compare Mammadov and Abbasov v. Azerbaijan, no. 1172/12, § 62, 8 July 2021).
• EGMR, 03.04.2025 - 9796/17

  GRIGORYAN v. ARMENIA

  Rn. 63 In such circumstances, the Court does not consider it necessary to establish whether, as argued by the applicant, the police officers had also deleted his video footage from the camera or had seized his mobile phone because the foregoing considerations are sufficient to conclude that the attack on the applicant and the seizure of his camera while he was filming, seriously hampered the exercise of his right to receive and impart information (compare, Mammadov and Abbasov v. Azerbaijan, no. 1172/12, § 62, 8 July 2021).
• EGMR, 08.07.2025 - 81028/17

  RAFIYEV v. AZERBAIJAN

  Rn. 33 As regards the absence of a record of the applicant's arrest indicating the exact times when his deprivation of liberty began and ended on 4 March 2017, the Court considers it necessary to reiterate that the unrecorded detention of an individual is a complete negation of the fundamentally important guarantees contained in Article 5 of the Convention, and discloses a grave violation of that provision (see Anguelova v. Bulgaria, no. 38361/97, § 154, ECHR 2002-IV; Nagiyev v. Azerbaijan, no. 16499/09, § 64, 23 April 2015; and Mammadov and Abbasov v. Azerbaijan, no. 1172/12, § 53, 8 July 2021).
• EGMR - 39527/23 (anhängig)

  HASANOV v. AZERBAIJAN and 1 other application

  Were the applicants arrested and deprived of their liberty in breach of Article 5 § 1 of the Convention? In particular, did their deprivation of liberty fall within one of the sub-paragraphs of this provision? Were the applicants' arrests and detentions in accordance with a procedure "prescribed by law" (see Mammadov and Abbasov v. Azerbaijan, no. 1172/12, §§ 42-54, 8 July 2021)?.
• EGMR - 21744/20 (anhängig)

  SADIGOVA v. AZERBAIJAN and 4 other applications

  Were the applicants arrested and deprived of their liberty in breach of Article 5 § 1 of the Convention? In particular, did their deprivation of liberty fall within one of the sub-paragraphs of this provision? Were the applicants' arrests and detentions in accordance with a procedure "prescribed by law" (see Mammadov and Abbasov v. Azerbaijan, no. 1172/12, §§ 42-54, 8 July 2021)?.
• EGMR, 18.06.2024 - 64422/19

  AMIRASLANLI v. AZERBAIJAN
• EGMR - 4534/22 (anhängig)

  HAJIYEV v. AZERBAIJAN
• EGMR - 8174/23 (anhängig)

  ORUJOVA v. AZERBAIJAN