ECHR ascertains positive trend in the case Ilgar Mamedov v. Azerbaijan

Baku/29.05.19/Turan: On May 29, the Grand Chamber of the European Court of Human Rights issued a ruling on the procedure of the Article 46 "Ilgar Mamedov v. Azerbaijan" (Application No. 15172/13).

The talk is about the non-execution by the authorities of Azerbaijan of the decision of the ECHR of May 22, 2014 on the illegality of the conclusion of Mamedov in connection with the Ismayilli events of 2013.

The Chamber ruled that the Azerbaijani authorities took individual measures to implement the "Procedure for monitoring the execution of the Court of the Committee of Ministers of the Council of Europe".

In particular, on December 25, 2014, Ilgar Mamedov, as the applicant, was paid a total amount of 22,000 euros in respect of non-pecuniary damage, as well as legal costs.

On October 13, 2015, the Supreme Court of the Republic of Azerbaijan reversed the decision of the Sheki Appeal Court and considered it unlawful for the applicant to refuse requests for consideration of additional witnesses and other evidence. The court found that the domestic rules of procedure and the requirements of Article 6 of the Convention were violated.

In December 2015, in accordance with Article 52 of the Convention, the Secretary General of the Council of Europe launched an investigation to find out how the domestic legislation of any member state ensures the proper implementation of the convention.

On January 11, 2017, the mission created by the Secretary General visited Azerbaijan and held a discussion with the judicial, legislative and executive authorities in order to cover all issues related to the execution of the ECHR decision. The authorities confirmed their readiness to explore all the possibilities offered by the missions for the further implementation of the court decision.

On February 10, 2017, the President of the Republic of Azerbaijan signed the Decree "On streamlining activities in the penitentiary sphere, humanizing the punishment policy, and expanding the use of alternative punishments and procedural coercive measures not related to isolation from society." In the future, the humanization of criminal-executive policy in Azerbaijan was included in the list of objectives of the document.

The President of the Republic of Azerbaijan recommended the Supreme Court, the General Prosecutor's Office, and the Ministry of Justice to draft laws on the decriminalization of certain crimes; alternative sentences to deprivation of liberty; develop a basis for the application of non-custodial preventive measures; simplifying the rules for changing arrest with alternative measures of restraint; and further limiting the grounds for arrest for less dangerous or less serious crimes.

The President also recommended that the General Prosecutor's Office begin considering alternative measures of restraint when considering applications for arrest.

The courts were encouraged to use reasonable grounds for arrest, as well as arguments in favor of alternative measures.

On October 20, 2017, the Milli Majlis of the Republic of Azerbaijan adopted the Law "On Amendments to the Criminal Code", amending more than three hundred criminal law provisions. Along with the decriminalization of certain acts, the law provides for the introduction of alternative sanctions to imprisonment, and more simplified rules concerning early release. It comes into force on December 1, 2017. The law provides for the inclusion of the Article 76.3.1-1, which opens the possibility of conditional release after the departure of two-thirds of the term of imprisonment imposed for the commission of serious crimes. In addition to this amendment, the applicant will be eligible for conditional release from August 4, 2017.

Meanwhile, following the recommendations given by the investigating and judicial authorities, the number of detainees held in remand prisons continues to decrease: the number of prisoners held in remand prisons decreased by 25% in nine months. In addition, compared to 2016, the number of court decisions regarding the arrest of individuals decreased by 24%.

In general, taking into account that the decision to immediately release the applicant is fulfilled, the government considers that it is taking the necessary measures to implement the recommendations of the ECtHR in accordance with the agreements of the high parties.

* Ilgar Mamedov was arrested in February 2013 in connection with the riots in Ismayilli and sentenced to 7 years in prison. In August 2018, the Sheki Court of Appeal released him, replacing the remaining term with a suspended sentence, with a 2-year probationary period.

On March 28, the Supreme Court released Ilgar Mamedov from further probation with a probation period of 2 years.-0-