GAHRAMANOV v. AZERBAIJAN DECISION
3
16. The applicant arrived at Baku Heydar Aliyev Airport at 8.30 a.m. on
18 July 2006. Check-in for the Dubai flight began at 9 a.m. and the
applicant checked in his baggage. After checking it in the applicant went to
the passport control desk. The officer who examined his documents told
him to wait and called her supervisor. Without identifying himself, her
supervisor instructed the applicant to go to the neutral zone and wait there.
17. A few minutes later an officer identifying himself as E.H. explained
to the applicant that he had been removed from the flight by order of the
MNS and that he should wait in the State Border Service (“the SBS”) room
until MNS officers arrived. The applicant was taken to the SBS room and
was not otherwise informed of the reasons for this measure.
18. During his stay in the SBS room, the applicant was not free to leave
the room and had no opportunity to contact others. In the meantime the
applicant’s baggage was searched by SBS officers. The applicant asked the
SBS officers to draw up a record of his detention and of the search of his
baggage. However, they refused to do so.
19. The applicant remained in the SBS room until 2.20 p.m., when, after
a telephone conversation with an unidentified person, E.H. allowed him to
leave the airport. The applicant refused to leave the airport without
obtaining documents regarding his detention. Following the applicant’s
continued requests, a person identifying himself as an officer of the MNS
threatened him on the telephone and insisted that he leave the airport
immediately.
20. Before the applicant left the airport the customs officers issued him
with a report on the search of his baggage.
(ii) The Government’s version of the events
21. On 18 July 2006 the applicant was removed from the flight from
Baku to Dubai, following the passport control carried out by officers of the
SBS, because his name appeared on a “Border crossing restriction” list with
the status “to be stopped” (saxla). A record of the prevention of the
passenger from crossing the State border was drawn up.
22. The applicant was then taken to the SBS room for further
clarification and to be handed over to officials of the MNS. Following
clarification of the applicant’s situation, he was permitted to leave the
airport. As to the reason why the applicant’s name appeared on the list with
the status of “to be stopped”, the Government pointed out that this was
because the MNS had failed to remove his name from the “Border crossing
restriction” list after he had been pardoned by a presidential decree of
30 March 2005. The applicant spent only two hours in the SBS room.
23. As regards the record of the applicant’s detention, the Government
noted that a document on this had been drawn up, but subsequently
destroyed following the decision of the MNS to take no further action.