Fuad Agayev: Second Decision of European Court in Case of Ilgar Mammadov Final and Has to Be Executed

Baku / 06.06.18 / Turan: The decision of the European Court of Human Rights (ECHR) on Ilgar Mammadov is final and must have been executed within three months. This period expired on June 5. So commented the lawyer of the leader of the REAL party Fuad Agayev the situation around the second decision of the ECHR in the Ilgar Mammadov case.

The second decision of the ECHR in this case concerns a criminal case on the merits and a sentence of 7 years' imprisonment on charges of organizing riots in Ismayilli in 2013.

The ECHR announced a decision on this case on November 16, 2017, which entered into force on March 6, recognizing the violation of Mammadov's right to a fair trial.

In the first decision of the ECHR, adopted as early as 2014, the court found that his pre-trial arrest and political motives for his prosecution were unlawful. However, the Azerbaijani government did not comply with this decision. In connection with this, the Committee of Ministers of the CE has launched a special procedure, as a result of which the Grand Chamber of the ECHR can take sanctions against Azerbaijan.

According to the law, the question of the enforcement of the ECHR decision must be considered by the Plenum of the Supreme Court. The last meeting of the plenum was held on May 25.

"Whether or not the question on Ilgar Mammadov was considered at the plenum, we do not know; neither to me nor to my client was any information given. There are also no information in the reports on the results of the meeting of the plenum published in the media. If they take such steps, it means that they once again violate the norms of international law," Agayev said.

The Defense intends to apply to the Committee of Ministers of the Council of Europe, which oversees the implementation of the ECHR decisions.

According to the lawyer, the ECHR is currently considering the request of the Committee of Ministers of the Council of Europe regarding the execution (not execution) of the first judgment of the Strasbourg Court in the first case against Mammadov.

"On this issue, we have correspondence with the court (ECHR). As for the second decision, it is final and the Azerbaijani state must fulfill it," Agayev said. -03B06-