CASE OF SHURIYYA ZEYNALOV v. AZERBAIJAN

FIFTH SECTION CASE OF SHURIYYA ZEYNALOV v. AZERBAIJAN (Application no. 69460/12) JUDGMENT Art 3 (substantive) • Inhuman or degrading treatment • Death in custody from alleged pulmonary embolism • Failure of Government to explain origin of serious injuries seen on body • Discrepancy between forensic report and video-recording of the deceased’s body filmed before funeral ceremonies • Conclusion to be drawn from recurrence of serious omissions in post-mortem forensic reports • Court not excluding injuries resulting from acts of torture despite insufficient proof Art 2 (substantive) • Life • Failure of authorities to convincingly account for circumstances of death • Undisputed deceased not suffering from any life-threatening illness on admission to custody • Forensic report, failing to record injuries on body or analyse question of causal link between death and injuries, not considered reliable proof • Investigative authorities failure to provide information to family or to cooperate with European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) Art 2 and 3 (procedural) • Lack of effective investigation • No action taken by authorities following dissemination of video-recording showing injuries not mentioned in forensic report • Refusal to provide family with copy of forensic report or inform them of progress and outcome of investigation • Strong inferences of attempt to prevent effective investigation being drawn from...