YAGUBLU AND AHADOV v. AZERBAIJAN - 67374/11 (Judgment : Prohibition of torture : Fifth Section Committee)

The European Court of Human Rights (Fifth Section), sitting as a Committee composed of:

��������� Andr� Potocki, President, ��������� Mārtiņ� Mits, ��������� Lәtif H�seynov, judges, and Milan Bla�ko, Deputy Section Registrar,

The case originated in two applications (applications nos. 67374/11 and 612/12) against the Republic of Azerbaijan lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (�the Convention�) by Azerbaijani nationals, Mr Tofig Rashid oglu Yagublu ( Tofiq Rəşid oğlu Yaqublu - �the first applicant�) and Mr Ramiz Ahad oglu Ahadov ( Ramiz Əhəd oğlu Əhədov ‑ �the second applicant�), on 12 September and 14 December 2011 respectively.

The applicants were represented by Mr A. Alizade and Mr I. Aliyev respectively, lawyers based in Azerbaijan. The Azerbaijani Government (�the Government�) were represented by their Agent, Mr �. Əsgərov.

The first applicant alleged that he had been ill-treated while in police custody, and the second applicant alleged that he had been ill-treated while being arrested. Both applicants alleged that the domestic authorities had failed to investigate their complaints in this regard. The first applicant also complained of the unlawfulness of his administrative arrest during the dispersal of an assembly and his conviction. The second applicant further complained that he had been hindered in the exercise of his right of individual petition.