адвокат Фуад Агаев
Baku / 30.05.19 / Turan: For the first time in history, the European Court of Human Rights considered the request of the Committee of Ministers of the Council of Europe on non-execution of the decision of the ECHR in the case of Ilgar Mamedov.
Fuad Agayev, the lawyer of Mamedov told Turan agency.
The Big Chamber of the ECHR decided that Azerbaijan had violated the Article 46 § 1 of the Convention for the Protection of Human Rights and Fundamental Freedoms - its own obligation to comply with the decisions of the ECHR. All 17 judges voted for this," said Agayev.
According to the lawyer, the decision noted that the limited steps taken by the Azerbaijani government do not allow the European Court to conclude that Baku acted "in good faith".
"Paragraph 192 of the decision states: The first decision on Mamedov and the corresponding obligation to restitutioin integrum (restoration of the previous situation) obliged the state to cancel or cancel the charges, considered by the ECHR as abuses. However, the charges were never dropped, on the contrary, Mamedov was again convicted on these charges," said Agayev.
Ilgar Mamedov and his advocates believe that this decision of the ECHR gives grounds for consideration of his case at the Plenum of the Supreme Court of Azerbaijan, which should cancel all judicial acts on his case and stop the proceedings due to the absence of a crime event, which is tantamount to justification.
* Ilgar Mamedov - the leader of the opposition party "Republican Alternative". In 2013, he put forward his candidacy for the presidential election, but was arrested in February 2013 on charges of organizing riots in the Ismailly region and was 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 for a period of 2 years. -0-
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