Background
Mustafa Jeyhan applied to the European Court of Human Rights after being held in pre-trial detention in Azerbaijan from 22 April to 21 June 2017, a period of one month and 29 days.
He complained under Article 5 § 3 of the Convention that the domestic courts had not justified the need for detention pending trial. He also alleged under Article 5 § 1 that his arrest was unlawful because the evidence against him was insufficient.
The Court’s Holding
In a unanimous Committee judgment, the Court held that Azerbaijan violated Article 5 § 3. The domestic courts had failed to justify the necessity of Jeyhan’s pre-trial detention.
The Court noted that the case raised issues similar to those addressed in its earlier Azerbaijani detention cases. The reasons used by the domestic courts were fragile, and they had not examined whether alternative preventive measures could have been used. The Article 5 § 1 complaint was declared inadmissible.
Key Takeaways
- Pre-trial detention must be supported by concrete and sufficient reasons.
- Domestic courts must consider alternatives to detention rather than rely on inadequate reasoning.
- The Court awarded EUR 3,000 for non-pecuniary damage and EUR 500 for costs and expenses, plus any applicable tax.
Why It Matters
The judgment reinforces the Court’s established approach to pre-trial detention in Azerbaijan: detention cannot be maintained through formulaic or weak reasoning. Courts must assess whether detention is genuinely necessary in the individual case.
Although the detention period was relatively short, the decision confirms that Article 5 § 3 requires meaningful judicial scrutiny from the outset, including consideration of less restrictive measures.