ECHR Acknowledges Baku Did Not Investigate Murder of Elmar Huseynov
Baku / 13.04.17 / Turan: The European Court of Human Rights (ECHR) announced its decision on the murder of the journalist Elmar Huseynov on April 13.
In the court's decision on the case “Rushania Huseynova against Azerbaijan” published on the site of the European Court, it is said that the widow of the editor of the magazine Monitor, who was killed 12 years ago, applied to the court on February 17,
The ECHR ruled that the Azerbaijani state did not conduct an effective investigation of this murder and did not bring to justice the persons involved in this crime.
The decision also notes that Elmar Huseynov, because of his critical articles, was periodically threatened and 34 times brought to trial.
In January 2004, a police officer threatened him with death, demanding that he stop criticizing the President and his family.
In the evening of March 2, 2005, Huseynov was killed with seven shots at the doorstep of his apartment.
The Investigation Department for Serious Crimes launched a criminal case under articles 120.2.4 (willful homicide) and 228.1 (illegal possession of weapons). On March 6, 2005, the prosecution was re-qualified into article 277 (terror), and the case was transferred from the prosecutor's office to the MNS.
The message of the Prosecutor General's Office, the Ministry of Internal Affairs and the Ministry of National Security of May 4 referred to the participation of a Georgian citizen T.H. in the crime. It was alleged that he immediately left Azerbaijan and was declared an internationally wanted man.
R. Huseynova repeatedly appealed to the MNS for an effective investigation, but she received no answers. She stated that the murder of her husband was the work of the Azerbaijani authorities because of which she was subjected to pressure. In 2006 she was forced to leave the country, having received asylum in Norway.
In 2008, the applicant, the Norwegian lawyer, as well as the Norwegian Helsinki Committee, applied to the Prosecutor General's Office and the Ministry of National Security with a request to issue copies of documents relating to the criminal case for the murder of Huseynov.
The MNS refused to issue documents on the pretext that the Norwegian lawyer was not a member of the Bar Association of Azerbaijan and did not submit a notarized attorney.
R. Huseynova asked the ECHR to recognize the violation of rights under articles: 2 (right to life), 10 (freedom of expression) and 13 (right to effective legal aid) of the European Convention on Human Rights.
The ECHR came to the conclusion that the criminal case on the murder of E. Huseynov was not effectively investigated. Despite sufficient opportunities, sufficient measures have not been taken to bring to justice those who killed the journalist.
The ECHR found the violation of Article 2 (the right to life) of the Convention by the government. At the same time, the ECHR found that the need for investigation of other articles had disappeared.
The court ruled that the government should pay Rushania Huseynova 20 thousand euros for moral damage and 10 thousand euros for reimbursement of court costs.
Huseynova was represented in the ECHR by the Norwegian lawyer K.Rognlien. -06D--