GAHRAMANOV v. AZERBAIJAN DECISION
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29. On 29 May 2007 the Supreme Court upheld the Court of Appeal’s
judgment. The relevant part of the judgment reads as follows:
“The panel of the court considers that the appellate court correctly applied the
substantive and procedural law when examining the case and that the grounds stated
in the cassation appeal do not constitute reasons for quashing the court judgment.”
B. Relevant domestic law
30. In accordance with Article 2 § 2 of the Regulations on Application
of the Law on Departure from and Entrance into the Country and on
Passports, approved by Decision of the Parliament on 29 November 1994
(“the Regulations”), if a citizen was suspected of committing a crime or
charged with a criminal offence, was convicted of a crime or sentenced to
compulsory measures of a medical nature, was asked to perform his fixedterm military service or there was a court decision in force restricting his
departure from the country, his rights to leave and enter the country would
be temporarily restricted by refusal to issue him with a passport by a
decision of an authorised representative of a passport-issuing authority.
Article 2 § 4 of the Regulations provided that if the reason for restricting a
citizen’s right to leave the country materialised after he had been provided
with a passport, his departure from the country could be temporarily
restricted by a decision of an authorised representative of the State Border
Service at a checkpoint.
COMPLAINTS
31. In respect of the third set of proceedings (see paragraphs 15-29
above) the applicant complained under Article 5 of the Convention that he
had been unlawfully detained at Baku Heydar Aliyev Airport on 18 July
2006. Relying on Articles 6, 7 and 13 of the Convention, he also
complained that the domestic proceedings concerning his detention on
18 July 2006 at Baku Heydar Aliyev Airport had been unfair and that the
domestic courts had been ineffective.
32. The applicant complained further, relying on Article 5 of the
Convention, that his pre-trial detention in the first set of proceedings (see
paragraphs 5-10 above) had been unlawful. He further complained, under
Article 6 of the Convention, that the criminal case against him had been
fabricated and that the domestic courts had erred in assessing the evidence.
The applicant also complained, under Articles 7 and 13 of the Convention,
that he had been unlawfully convicted and that the domestic courts had been
ineffective.