The authorized representative of Azerbaijan in the European Court on Human Rights, Chingiz Askerov, informed Trend that the violations discovered by the European Court on Human Rights from the claim of the first Deputy Chairman of Azerbaijan Democratic Party, Sardar Jalaloglu, arises from the emptiness in the legislation of Azerbaijan on detention of the suspected and convicted persons. He said that a bill is devised, which will reflect all rights of the people detained under arrest, as well as details regarding detention place. He said that these measures are also intended in the National Action Plan in the sphere of the protection of human rights, confirmed by the President of Azerbaijan on December 28, 2006.
The claim of Sardar Jalaloglu against the Government of Azerbaijan says that on October 18, 2003, a number of polices with masks and arms entered his home and arrested him. He was questioned in relation with the demonstration which had been held two days before in Azadliq Square in the center of Baku. Thereafter, he was sentenced to 3-year prison for organizing public disturbances and using force against the representatives of the power.
He complained about ill-treatment of the police and ineffective investigation of his case. In addition, he required to compensate the material damage in amount of в'¬100,000 and moral damage in amount of в'¬400,000.
The European Court held unanimously that there had been a violation of Article 3 (prohibition of torture) of the European Convention on Human Rights as regards the ill-treatment of the applicant in police custody; a violation of Article 3 as regards the lack of effective investigation into the applicant's allegations of ill-treatment; a violation of Article 13 (right to an effective remedy) of the Convention. Under Article 41 (just satisfaction), the Court awarded the applicant 10,000 euros (EUR) in respect of non-pecuniary damage and EUR 1,817 for costs and expenses. The Court Collegium chaired by РЎhristos Rozakis, included judges Loukis Loucaides, FranГ§oise Tulkens, Nina VajiД‡, Anatoli Kovler, Elisabeth Steiner and Khanlar Hajiyev.