6
GAHRAMANOV v. AZERBAIJAN DECISION
33. Relying on Articles 5, 6, 7 and 13 of the Convention, the applicant
also complained that the civil proceedings before the domestic courts had
not been fair and that the courts had misinterpreted the relevant law (see
paragraphs 11-14 above).
THE LAW
A. Complaint concerning the applicant’s detention at Baku Heydar
Aliyev Airport
34. The applicant complained that he had been detained at Baku Heydar
Aliyev Airport on 18 July 2006 without any legal basis and in breach of
Article 5 of the Convention. The relevant part of Article 5 of the Convention
reads as follows:
“1. 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:
(a) the lawful detention of a person after conviction by a competent court;
(b) the lawful arrest or detention of a person for non- compliance with the lawful
order of a court or in order to secure the fulfilment of any obligation prescribed by
law;
(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;
(d) the detention of a minor by lawful order for the purpose of educational
supervision or his lawful detention for the purpose of bringing him before the
competent legal authority;
(e) the lawful detention of persons for the prevention of the spreading of infectious
diseases, of persons of unsound mind, alcoholics or drug addicts or vagrants;
(f) the lawful arrest or detention of a person to prevent his effecting an unauthorised
entry into the country or of a person against whom action is being taken with a view
to deportation or extradition”
35. The Government submitted that the applicant’s removal from the
flight on 18 July 2006 and his detention in the SBS room had been lawful.
The Government noted that the applicant’s name had appeared during the
passport control with the status of “to be stopped”, so he had been taken to
the SBS room for his situation to be further clarified and to be handed over
to officials of the MNS. The procedure applied in respect of the applicant’s
removal from the flight was a normal procedure as carried out in every
airport around the world for security reasons.