ECHR Begins Communication on Two More Cases from Azerbaijan

The European Court of Human Rights (ECHR) has started communication on two cases from Azerbaijan. This was written by the lawyer Fariz Namazly on Facebook.

In one case, the applicants are Mushfig Mammadov and Samir Huseynov, members of the religious community Jehovah's Witnesses, convicted for evading military service on religious grounds.

Huseynov was sentenced to 10 months' imprisonment, and Mammadov was first sentenced to six months imprisonment, and on a new criminal case he was sentenced to a fine of 250 manat.

ECHR has sent questions to the Government of Azerbaijan to determine whether the applicants' rights under Article 9 (freedom of thought, conscience and religion) were violated.

With regard to Mammadov, a question was also raised of the violation of Article 4 of Protocol 7 of the European Convention (Prohibition of re-punishment for the same act).

Another matter on which communication has been initiated is associated with the complaint from Haleddin Soltanov, who was fired because of temporary disability. Soltanov applied to the court for the recovery and disbursement of funds for the forced work permit. The Sabail and Baku Appeal Courts rejected his claims. The Supreme Court overturned the decision and sent the case for retrial to the Court of Appeal, which ruled in favor of the applicant. After that, the defendant filed a complaint with the Supreme Court, which refused to hear the applicant and reversed the decision of the Court of Appeal, acknowledging Soltanov’s dismissal legitimate.

ECHR conducts communication for establishing whether Article 6.1 (right to a fair trial) of the European Convention on the applicant's rights has been violated in view of the consideration of Soltanov’s case without his counsel.   -03D06-