ANNAGI HAJIBEYLI v. AZERBAIJAN JUDGMENT
5
criminal proceedings instituted against him under Articles 192.2.2 (illegal
entrepreneurship), 213.1 (large-scale tax evasion) and 308.2 (abuse of
power) of the Criminal Code. On the same day, the Nasimi District Court
ordered his detention pending trial. He remains in detention while the
criminal proceedings against him are pending. The circumstances relating to
Mr Aliyev’s arrest and detention are the subject of a separate application
brought by him before the Court (application no. 68762/14).
25. On 8 and 9 August 2014 the investigation authorities conducted a
search of Mr Aliyev’s home and office pursuant to the Nasimi District
Court’s search warrant of 7 August 2014, seizing, inter alia, a large number
of documents from his office, including all the case files relating to the
pending proceedings before the Court, which were in Mr Aliyev’s
possession and which concerned over 100 applications in total. The file
relating to the present case, which, it appears, included copies of all the
documents and correspondence between the Court and the parties, was also
seized in its entirety. No adequate inventory of the seized document files
relating to the Court proceedings was made in the search and seizure records
of 8 and 9 August 2014.
26. On an unspecified date Mr Aliyev lodged a complaint with the
Nasimi District Court, claiming that the search had been unlawful. He
complained that the investigator had failed to register each seized document
as required by the relevant law and had taken the documents without
making an inventory. He further complained about the seizure of the
documents and files relating to the ongoing court proceedings before the
Court and the domestic courts.
27. On 12 September 2014 the Nasimi District Court dismissed
Mr Aliyev’s claim. It held that the searches had been conducted in
accordance with the relevant law. As to the seizure of the documents
relating to the cases pending before the Court and the domestic court, it
found that they could not be returned to the applicant at this stage of the
proceedings. Following an appeal, on 23 September 2014 the Baku Court of
Appeal upheld the first-instance court’s decision of 12 September 2014.
28. On 25 October 2014 the investigation authorities returned a number
of the case files concerning the applications lodged before the Court,
including the file relating to the present case, to Mr Aliyev’s lawyer. The
investigator’s relevant decision specified that “since it has been established
that among documents seized on 8 and 9 August 2014 there were files
concerning applications by a number of individuals and organisations
lodged with the European Court of Human Rights, which have no relation to
the substance of the criminal proceedings [against Mr Intigam Aliyev],
[those files] have been delivered to [Mr Aliyev’s lawyer] Mr Javad
Javadov”.