After 15 years, the ECHR recognized the violation of the rights of Emin Milli and Adnan Hajizade

After 15 years, the ECHR recognized the violation of the rights of Emin Milli and Adnan Hajizade

On January 18, the European Court of Human Rights announced 11 rulings and decisions on 30 applications from Azerbaijan, the legal information website reported https://aihmaz.org /. One of the decisions is related to the complaint filed 14 years ago by bloggers Emin Milli and Adnan Hajizade, who were arrested and convicted of hooliganism in 2009. They were punished for publishing a satirical video criticizing the corruption of Azerbaijani officials.

The ECHR recognized the violation of their rights under Articles 5.3 (right to freedom and personal integrity) and 6 (right to a fair trial) and decided to pay them compensation of 4,700 euros.

In the case "Eldaniz Hajiyev and Salman Abdullayev v. Azerbaijan", the applicants were members of the religious community of “Nursians.” They were also detained administratively and fined (1,500 manats) for holding religious meetings in a private house.  The government reached a settlement agreement with them and agreed to pay each of them 3,800 euros in compensation for moral damage and 600 euros for reimbursement of court costs.

According to another ECHR decision, the government must pay 4,000 euros for moral damage and 230 euros for court costs to Aygun Mahmudova, who complained about the demolition of a non-residential building belonging to her.

In the case of “Ilgar Mammadov and others v. Azerbaijan,” five applicants from the opposition Popular Front Party complained about their administrative arrests.   The court recognized the violation of the rights of Ilgar Mammadov, Amil Mammadzade, Islam Hasanov, Samir Hasanov and Vasif Muzaffarov and decided to pay them compensation of 1,000 euros and 250 euros for court costs.

The ECHR also upheld the complaint of human rights defender Rufat Safarov for "illegal and disproportionate measures" in connection with the organization of a public meeting. The Government acknowledged this violation and agreed to pay the applicant 2,600 euros for moral damages and 250 euros for compensation of legal costs.

The applicant, Mohammed Bagirov, complained of unjustified pre-trial arrest and torture. The government reached a settlement agreement with him and agreed to pay compensation of 3,500 euros, and another 1,250 euros for court costs.

The ECHR also satisfied two complaints of the “Musavat” party against bans on holding peaceful assemblies. The court decided to pay compensation to the party in the amount of 3 thousand euros and another 500 euros to its legal representative.

In the case of “Nadirli and others v. Azerbaijan,” the applicants complained of illegal and disproportionate measures against them during public gatherings.  The ECHR decided to pay Ismail Nadirli, Myut Turksoy, Goshgar Ahmedov, Bakhtiyar Mammadli, Orhan Mammadov and Yashar Haspoladov 2,600 euros each and another 250 euros for court costs.

In the case of “Mammadov and others v. Azerbaijan,” seven applicants complained about the unfairness of the administrative proceedings. In this case, 8 applicants will be paid 1,000 euros each for moral damages. Six of them will also be paid 250 euros each for court costs.

In the “Ismailzade v. Azerbaijan case,” the applicant Leyla Ismailzade (the wife of the leader of the “Muslim Unity Movement” Taleh Bagirzade, convicted in the Nardaran case) complained about the refusal of state agencies to register her child with the name "Abulfazl Abbas" (the name of the adopted grandson of the Prophet Muhammad.)

The Registry Office motivated the refusal by the fact that this name is not on the list approved by the National Academy of Sciences. The local courts considered this approach to be correct and creating "pronunciation problems" and not in the best interests of the child. The applicant asked to admit a violation of Article 8 (right to respect for private life) of the European Convention. However, the ECHR did not find a violation of her rights.

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