Date of arrest – 07 December 2016
Charges (articles of the Criminal Code)
234.2 — Illegal purchase or storage with a view of selling, manufacturing, processing, transportation, transfer or selling of narcotics or psychotropic substances.
Penal facility – Prison № 5
Case summary – Farajov (b. 1987) is a resident of Mirgurbanli village of Neftchala district and lives there with his family (wife and under-age child). Farajov is a member of opposition Popular Front Party and comes from the traditionally opposition family. His father Huseyngulu Farajov is an activist of Musavat Party.
On September 11, 2016 Farajov participated in the rally of opposition National Council against the referendum, changing Constitution to prolong presidency term and introduce Vice President positions. Subsequently, he was arrested on 16 September 2016 in his workplace, brought to the police station, where police investigator interrogated him regarding his participation in the opposition rally. He was sentenced on the same day to five days administrative detention. Month later, in October 2016 he was fired from his job in AzerIod Ltd.In December 2016 Farajov meets a person who introduces himself as Elmin and promises to find him a job. On 7 December 2016, they meet again, as Elmin invites Elnur Farajov to a dinner. In anticipation of a job offer, Farajov decides to pay for a dinner and sent a WhatsApp message to his relative Bahruz, asking for 30 AZN.
The Same night unidentified plain-cloth people detained Farajov and Elmin and brought them to the police station. There they claimed finding narcotics on Elmin’s pocket.
Farajov, who was held in custody has been tortured during all night and forced to sign a testimony, that the narcotics belonged to him and as if he bought the substance from his relative Bahruz. Under torture and in absence of lawyer Elnur Farajov agreed to sign the testimony. “Elmin” who served as a key witness in investigation, claiming that he bought drugs from Elnur Farajov, was not charged.
The criminal case was started based on Article 234.2.
Sentence – On 3 May 2017, Neftchala District Court sentenced Elnur Farajov to 3 years loss of liberty.
Farajov’s complaint about violation of his rights provided by Article 5 of the European Convention under consideration of ECtHR.