12 December 2008, 13:44

In Azerbaijan, ex-minister of public health Ali Insanov placed into prison hospital

The authorities of Azerbaijan have fulfilled the prescription of the European Court on Human Rights (ECtHR) to transfer former Minister of Public Health Ali Insanov, who is now serving his imprisonment, to the medical establishment of the Penitentiary Service. Insanov's advocate Togrul Babaev told the "Caucasian Knot" correspondent that his client was transferred today from Colony No. 13 to the hospital of the Penitentiary System.

We remind you that the Panel of the ECtHR has also made a decision to consider in the extraordinary manner the ex-minister's complaint against his verdict and added to the consideration his appeal against deprivation of his membership in the National Academy of Sciences and his complaint against bad custody conditions.

Advocate Babaev explains that according to Article 39 of the ECtHR Regulations, the Panel can indicate to the parties - and in this case to the government of Azerbaijan - to the need to take "preliminary measures" in connection with the forthcoming consideration of this or that case. Usually, letters on "preliminary measures" are sent when there is a threat to health and life of applicants. Such "preliminary measures" are mandatory for fulfilment.

Judge of the ECtHR from Azerbaijan Khanlar Gadzhiev has noted, commenting on consideration of Insanov's case in "the priority order", that such practice was applied to Russian businessmen Gusinskiy and Khodorkovskiy. When deciding on "prioritization", such circumstances are taken into account like the person of the applicant, peculiarities of his or her case, resonance of the case in the country, etc.

Awarding the priority means faster consideration of the case. If, for example, the usual procedure takes two years, the priority status halves the term. However, in Gadzhiev's opinion, at a certain stage of considering the case, the ECtHR can lift the priority.

Earlier, the ECtHR Panel, being guided by Article 39 of the Court Regulations, had sent a letter to the government of Azerbaijan with a demand to ensure Insanov's treatment and fixed the deadline as January 20, 2009.

Author: Faik Medzhid, CK correspondent

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