Strasbourg / 14.10.17 /Turan: The Bureau of the Parliament Assembly of the Council of Europe called on October 13 for referral of the Ilgar Mammadov case to the Strasbourg Court "as soon as possible" on question of whether Azerbaijan has failed to abide by the judgment.
In view of the continuous non-execution by Azerbaijan of the judgment of the European Court of Human Rights in the case of Ilgar Mammadov vs. Azerbaijan, the Bureau of the Assembly called on High Contracting Parties to the European Convention on Human Rights to apply, as soon as possible, the procedure foreseen under Article 46.4 of the Convention.
Article 46 of the Convention provides that if the Committee of Ministers considers that a country refuses to comply with the final decision in a case and the court confirms the violation, the case is forwarded to the Committee of Ministers for action.
One of the measures may be the exclusion of the country from the Council of Europe.
The leader of the REAL Movement, Ilgar Mammadov, was arrested in connection with the riots in the town of Ismayilli on January 23-24, 2013. Despite arriving in the city after restoring calm, Mammadov was accused of organizing riots and resisting the police and sentenced to 7 years in prison.
In May 2014, the ECHR ruled that the arrest and detention of Ilgar Mammadov violated many provisions of the European Convention on Human Rights, including articles 5.1, 5.4 and 6.2 on the right to liberty and security of person, the right to a fair trial and the principle of presumption innocence, etc. The court concluded that Ilgar Mammadov was detained without any evidence.
The Committee of Ministers of the Council of Europe has repeatedly called on the Azerbaijani authorities to implement the ECHR decision in the Mammadov case. On October 25, the Committee of Ministers of the Council of Europe will consider the application of Article 46 of the European Convention on Human Rights, which provides for the application of measures of responsibility against a country that does not comply with the ECHR decision. -02 / 06B-
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