8
GAHRAMANOV v. AZERBAIJAN DECISION
different from those described above where the applicants’ detention was
due to intervention by the police. In the instant case the applicant was
stopped by border officials following passport control in an international
airport because his name appeared under the status “to be stopped” in the
database of the SBS.
40. The Court reiterates in this connection that the context in which
action is taken is an important factor to be taken into account, since
situations commonly occur in modern society where the public may be
called on to endure restrictions on freedom of movement or liberty in the
interests of the common good (see Austin and Others, cited above, § 59).
An air traveller may be seen in this regard as consenting to a series of
security checks by choosing to travel by plane (see Gillan and Quinton,
cited above, § 64). In particular, these security checks may include having
his identity papers checked or having his baggage searched, and also
waiting for further enquiries to be carried out to establish his identity or
determine that he does not represent a security risk for the flight.
41. The Court accepts in this respect that where a passenger has been
stopped by border officials during border control in an airport in order to
clarify his situation and where this detention has not exceeded the time
strictly necessary to comply with relevant formalities, no issue arises under
Article 5 of the Convention.
42. The Court will therefore examine the circumstances of the
applicant’s detention in order to determine whether in the present case the
applicant’s detention at Baku Heydar Aliyev Airport exceeded the time
strictly necessary to comply with the formalities relevant for the
clarification of his situation.
43. The Court observes that the applicant was stopped at 9.29 a.m. on
18 July 2006 during border control as his name appeared under the status
“to be stopped” in the database of the SBS. The applicant was not allowed
to leave the country and was taken to a room by SBS officers for further
clarification of his situation. A record of the prevention of the applicant
from crossing the State border was drawn up and his baggage was searched
by SBS officers. He was not handcuffed or confined in a special detention
facility, but it is undisputed by the parties that during his stay in the SBS
room the applicant was not free to leave that room. It is also undisputed by
the parties that the applicant’s stay in the SBS room ended immediately
following the clarification of his situation and he was then free to leave the
airport. Even if the precise overall duration of the applicant’s stay in the
SBS room is not known, with the applicant maintaining that he had been
detained for approximately four hours and the Government arguing that he
had been kept there approximately only two hours, it could not have
exceeded a few hours.