CoE Committee of Ministers Discusses Implementation of ECtHR Judgments on Azerbaijan

Baku / 07.12.20 / Turan: The execution of the decisions of the European Court on Azerbaijan was discussed at a meeting of the Committee of Ministers of the Council of Europe on December 1-3.

According to the press service of the Council of Europe, the Committee of Ministers recalled that «for each of the ten applicants in this group of cases, the European Court found a violation of Article 18 in conjunction with Article 5 of the Convention, revealing“ a disturbing picture of arbitrary arrest and detention of government critics, civil society activists and human rights defenders through retaliatory harassment and criminal abuse in violation of the rule of law.» 

The Committee of Ministers recalled that the convictions and other consequences of criminal cases against the applicants should be overturned and all their civil and political rights should be fully restored.

It was also noted that, despite repeated calls by the Committee of Ministers, the sentences of nine applicants from this group were not reviewed by the Supreme Court. “The Azerbaijani government attributed this delay to the coronavirus pandemic and the military situation. However, given the seriousness of the violation of Article 18, it is called upon to take immediate action on this matter "

At the same time, the Committee of Ministers noted that the decisions of the Supreme Court in the cases of Ilgar Mammadov and Rasul Jafarov from 2020 are in accordance with the Convention, and stressed the importance of using these decisions for the interpretation and application of national legislation.

The Committee of Ministers also noted that Giyas Ibrahimov, Bayram Mammadov and Khadija Ismayilova have not yet received compensation. The Committee of Ministers called on the government to pay immediately all payments ordered by the European Court of Justice, with interest.

The decree confirms the importance of necessary and effective reforms aimed at ensuring the independence of the judiciary and the prosecutor's office. The Committee of Ministers called on the Azerbaijani government to provide information on the measures taken to ensure compliance with the relevant Council of Europe standards.

The Committee of Ministers appealed to the Azerbaijani government with a request to provide information on the planned and taken measures to prevent the practice of placing the accused in iron cages.

To date, 8 cases sent from Azerbaijan to the European Court have been found to be in violation of Article 18. These are: Ilgar Mammadov v. Azerbaijan, Rasul Jafarov v. Azerbaijan, Anar Mammadli v. Azerbaijan, Zaur Gurbanli, Rashad Hasanov, Uzeyir Mammadli and Rashadat Akhundov vs. Azerbaijan, Natig Jafarli vs. Azerbaijan , Ibrahimli and Mammadov vs Azerbaijan, Intigam Aliyev against Azerbaijan, and“ Khadija Ismayilova vs. Azerbaijan.

The Committee of Ministers at each of its meetings on human rights will discuss the cases of these persons until their rights are fully restored. —06D-