Committee of Ministers of the Council of Europe Calls on Azerbaijan to Implement ECHR Decisions

The Committee of Ministers of the Council of Europe discussed issues related to the enforcement of decisions by the European Court of Human Rights (ECHR) during its meeting from September 17 to 19. Among these issues were cases from Azerbaijan, as reported by Turan, citing the press service of the Council of Europe.

The Committee of Ministers discussed the "Mahmudov and Agazade v. Azerbaijan" group of cases, which mainly involve violations of the applicants' rights as journalists, including infringements on their freedom of expression and the disproportionate application of criminal sanctions, such as prison sentences for defamation.

The Committee noted with "interest" the information provided by the authorities that national courts largely refrain from imposing prison sentences for defamation in practice. However, it expressed concern that in some instances, criminal penalties, including imprisonment, may still follow defamation charges.

The Committee regretted the "ongoing inability of the authorities" to align domestic legislation with the requirements of Article 10 (freedom of expression) of the Convention, specifically by eliminating prison sentences for defamation. They reiterated their call for the authorities to double their efforts to improve judicial practices to ensure that criminal provisions are not applied arbitrarily, allowing the press to fulfill its crucial role as a public watchdog.

The Committee plans to review these cases again in September 2025, recommending that the authorities provide information on all unresolved issues in advance of the meeting. If there is no significant progress by that time, particularly regarding legislative amendments related to defamation, the Committee will consider a draft interim resolution.

The Committee also reviewed cases from the "Mamedli v. Azerbaijan" group, involving seven representatives of civil society and media -Anar Mammadli, Intigam Aliyev, Khadija Ismayilova, Leyla Yunus, Arif Yunus, Bayram Mammadov (now deceased), and Giyas Ibrahimov - whose rights under Articles 5 (right to liberty and security) and 18 (limits on the use of restrictions on rights) of the European Convention were violated. The Committee expressed regret that the applicants have not yet been vindicated and urged the authorities to urgently enhance efforts to rehabilitate the applicants and fully restore their civil and political rights.

It is noteworthy that Anar Mamedli was re-arrested in April this year on charges of smuggling, a case that has drawn criticism from local and international human rights organizations.

The Committee also examined the "Sargsyan v. Azerbaijan" case, which concerns the property rights of an Armenian refugee from the First Karabakh War. In 2017, the ECtHR ruled that Azerbaijan must pay compensation to the descendants of the applicant; however, this decision remains unimplemented.

Furthermore, the Committee highlighted Armenia's continued failure to implement the ruling in the "Chiragov and Others v. Armenia" case, which pertains to the property rights of former forcibly displaced persons from the Lachin region.