Published: 25 Jun 2015 | By Anahit Simonyan
Isayeva v Azerbaijan
Case No. 36229/11
Judgment date: 25 June 2015
In August and September 2009 Ms Isayeva was charged with illegal possession of drugs and fraud respectively. Her conviction for these offences (in May 2010) was quashed in November 2010 and the case was returned to the prosecutor for reinvestigation. Ms. Isyaeva was not released pending re-trial and was subsequently convicted in May 2012. In August 2012, Ms Isayeva died in prison while the appeal against her conviction was pending. In her application to the Court (which after her death was continued on her behalf by her sister) she alleged that her pre-trial detention was repeatedly prolonged and her appeals were dismissed. Ms Isayeva argued that her rights under Art. 5(1) and 5(3) ECHR had been breached because she was held without a court order between 7 April and 4 May 2011, and in view of the fact that the judicial decisions ordering and extending her pre-trial detention were not based on relevant or sufficient reasons.
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