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Part 2
Read Part 1 here:
QUESTIONS TO THE PARTIES
1. Did the applicant have fair hearings in the determination of the criminal charges against him in both sets of criminal proceedings, in accordance with Article 6 § 1 of the Convention? Moreover:
(a) Could the court which heard the applicant’s first criminal case be considered as a “tribunal established by law”, as required by Article 6 § 1 of the Convention? Had the term of office of the presiding judge expired before the trial commenced and, if so, did he have competence to participate in the trial?
(b) Was the court which dealt with the applicant’s first case independent and impartial, as required by Article 6 § 1 of the Convention, given that the applicant’s criminal trial was presided over by the same judge who had previously examined the civil claim against the applicant relating to the same subject matter?
2. Was the presumption of innocence, guaranteed by Article 6 § 2 of the Convention, respected in the present case? In particular, was the Chief Prosecutor bound to respect the presumption of innocence when making his statement to the press on 31 May 2007?
3. In connection with each of the applicant’s criminal convictions, has there been an interference with the applicant’s freedom of expression, in particular his right to impart information and ideas, within the meaning of Article 10 § 1 of the Convention? If so, was that interference necessary in terms of Article 10 § 2?
4. The parties are requested to submit, inter alia: (a) a full copy of the applicant’s article entitled “Karabakh Diary”, as published in Realny Azerbaijan; (b) a copy of the Yasamal District Court’s judgment of 6 April 2007 concerning the civil claim against the applicant; (c) copies of all the evidence, as contained in the case file of the criminal proceedings, which was examined by the Yasamal District Court during the trial for the purpose of establishing the applicant’s authorship of statements posted on the forum of the AzeriTriColor website; and (d) copies of all appeals and any objections filed by the applicant during both criminal trials, including a copy of his objection to the participation of the judges of the Yasamal District Court in the first set of criminal proceedings.
FATULLAYEV v. AZERBAIJAN – STATEMENT OF FACTS AND QUESTIONS
FATULLAYEV v. AZERBAIJAN – STATEMENT OF FACTS AND QUESTIONS
Link
Read Part 1 here:
QUESTIONS TO THE PARTIES
1. Did the applicant have fair hearings in the determination of the criminal charges against him in both sets of criminal proceedings, in accordance with Article 6 § 1 of the Convention? Moreover:
(a) Could the court which heard the applicant’s first criminal case be considered as a “tribunal established by law”, as required by Article 6 § 1 of the Convention? Had the term of office of the presiding judge expired before the trial commenced and, if so, did he have competence to participate in the trial?
(b) Was the court which dealt with the applicant’s first case independent and impartial, as required by Article 6 § 1 of the Convention, given that the applicant’s criminal trial was presided over by the same judge who had previously examined the civil claim against the applicant relating to the same subject matter?
2. Was the presumption of innocence, guaranteed by Article 6 § 2 of the Convention, respected in the present case? In particular, was the Chief Prosecutor bound to respect the presumption of innocence when making his statement to the press on 31 May 2007?
3. In connection with each of the applicant’s criminal convictions, has there been an interference with the applicant’s freedom of expression, in particular his right to impart information and ideas, within the meaning of Article 10 § 1 of the Convention? If so, was that interference necessary in terms of Article 10 § 2?
4. The parties are requested to submit, inter alia: (a) a full copy of the applicant’s article entitled “Karabakh Diary”, as published in Realny Azerbaijan; (b) a copy of the Yasamal District Court’s judgment of 6 April 2007 concerning the civil claim against the applicant; (c) copies of all the evidence, as contained in the case file of the criminal proceedings, which was examined by the Yasamal District Court during the trial for the purpose of establishing the applicant’s authorship of statements posted on the forum of the AzeriTriColor website; and (d) copies of all appeals and any objections filed by the applicant during both criminal trials, including a copy of his objection to the participation of the judges of the Yasamal District Court in the first set of criminal proceedings.
FATULLAYEV v. AZERBAIJAN – STATEMENT OF FACTS AND QUESTIONS
FATULLAYEV v. AZERBAIJAN – STATEMENT OF FACTS AND QUESTIONS
Link
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