4
GAHRAMANOV v. AZERBAIJAN DECISION
(b) The proceedings before the domestic courts
24. On an unspecified date the applicant brought an action against the
SBS for violation of his rights and seeking compensation for unlawful
detention by law-enforcement officers. In particular, he complained that he
had been unlawfully deprived of his liberty on 18 July 2006 at Baku Heydar
Aliyev Airport.
25. On 10 October 2006 the Azizbeyov District Court dismissed the
applicant’s claim. The relevant part of the judgment reads as follows:
“It appears from the documents, extract of the AMAC (search list) [database of the
SBS], submitted by the defendant that Gahramanov Adil was stopped at 9.29 a.m. on
18 July 2006 when he was about to board the Baku-Dubai flight.
It can be seen from the record of 18 July 2006 of the prevention of the passenger
from crossing the State border that on 18 July 2006 the passenger, a national of the
Republic of Azerbaijan, Gahramanov Adil Soltan oglu, was not authorised to be
registered during registration for the Baku-Dubai flight no. 011 because he appeared
under the status “to be stopped” in the AMAC [database of the SBS].
... the court finds that on 18 July 2006 the applicant was removed from the flight by
the Border Service in order to ensure security while he was waiting for the BakuDubai flight. The representative of the State Border Service, which is the defendant,
has also confirmed this. Following the relevant control, a record was drawn up and the
applicant was released. The price of the ticket was reimbursed at his request. During
the court’s examination it has not been established that the applicant sustained any
non-pecuniary damage when he was removed from the flight.
Therefore, the court considers that the claim should not be granted as it is
unsubstantiated and unlawful...”
26. The applicant appealed against that judgment. He complained, in
particular, that he had been unlawfully detained for more than four hours at
the airport and that the first-instance court had failed to consider the role
that the MNS had played in his detention.
27. On 7 February 2007 the Court of Appeal upheld the judgment of
10 October 2006. The relevant part of the judgment reads as follows:
“It appears from the extract of the record of 18 July 2006 of the prevention of the
passenger from crossing the State border that on 18 July 2006 the passenger, a
national of the Republic of Azerbaijan, Gahramanov Adil Soltan oglu, was not
authorised to be registered during registration of the Baku-Dubai flight no. 011
because he appeared under the status “to be stopped” in the AMAC [database of the
SBS].
...the panel of the court considers that the SBS acted within its powers when it
stopped A. Gahramanov and that the search of his person and his belongings was
carried out for security reasons and that he was subsequently released and permitted to
travel, but refused to do so and obtained reimbursement of the price of the ticket...”
28. The applicant lodged a cassation appeal reiterating his previous
complaints.