ANNAGI HAJIBEYLI v. AZERBAIJAN JUDGMENT
15
prosecution unrestricted discretion in determining which documents to
seize, the Court has found that the lawyer’s rights under Article 8 of the
Convention had been breached on that ground (see Aleksanyan, cited above,
§§ 216-18; Smirnov v. Russia, no. 71362/01, §§ 47-49, 7 June 2007; and
Iliya Stefanov v. Bulgaria, no. 65755/01, §§ 41-42, 22 May 2008).
70. The Court notes that Mr Intigam Aliyev has lodged a separate
application with the Court (application no. 68672/14) concerning, inter alia,
the alleged breach of his rights under Articles 8 and 18 of the Convention
by the prosecuting authorities conducting the search and seizure carried out
in his home and office and the allegedly abusive intent behind the
authorities’ actions leading to his arrest and prosecution. The Court
considers that, when deciding the present case, it should avoid prejudging
any issues raised in that application, and should therefore leave unaddressed
the applicant’s argument in the present case that the institution of criminal
proceedings against Mr Aliyev was an act of intentional interference with
his legal representation of a number of applicants before the Court and part
of a crackdown campaign against human-rights lawyers and activists.
Instead, the Court will focus on the narrower issue specific to the present
case – whether the fact of the seizure of the applicant’s case file, as such,
amounted to a breach of his rights under Article 34 of the Convention.
71. It appears that the case file in question was the applicant’s copy of
all the material relating to the application before the Court, including a copy
of the original application form with the annexed documents, copies of the
Government’s and the applicant’s observations together with all the relevant
annexed documents, all the correspondence between the parties and the
Court conducted up until the time of the seizure, information on the case
number assigned to the application by the Court, barcode labels provided by
the Court to the applicant for the purpose of facilitating the correspondence,
and so on. The applicant’s case file was in the possession of Mr Aliyev
because he was the lawyer representing the applicant before the Court.
72. After the seizure on 9 August 2014, for a period of seventy-six days
neither the applicant nor his lawyer had any access to their copy of the case
file relating to the application pending before the Court.
73. The Court considers that the principle of effective exercise of the
right of individual petition and the principle of the adversarial nature of the
proceedings before it require that each party should enjoy unhindered access
to copies of all the material relating to the case pending before the Court.
Removal from the applicant’s possession of his copy of the case file by the
authorities of the respondent State, for whatever reason, constitutes an
interference with the integrity of the Court proceedings and requires serious
justification and compensatory measures for the Court to consider whether
such interference is acceptable.
74. The Court notes that the criminal charges brought against Mr Aliyev
were formally unrelated to the present application. The prosecution