ECHR Recognizes Violations of Rights of Representatives of Jehovah's Witnesses in Azerbaijan
Baku /17.10.19 / Turan: The European Court of Human Rights, on October 17, issued decisions on five complaints from Azerbaijan submitted in 2008-2015. All five applications are combined and a general decision has been made on them. All applicants are members of the Jehovah's Witnesses religious community.
These are Mushfig Mammadov, Samir Huseynov, Farid Mammadov, Fakhraddin Mirzoev and Kamran Mirzoev.
The ECHR found that the Azerbaijani courts, considering the applicants' cases, violated their rights under Art. 9 (freedom of religion) of the European Convention on Human Rights.
The ECHR fined the government of Azerbaijan for 38 269 euros. The government is entrusted with the obligation to take general measures, as well as adopt the law "On Alternative Service".
It should be noted that a member of the Jehovah"s Witnesses community, Mushvig Mammadov, in 2007, when he was called up for military service, asked him to create conditions for alternative service. However, due to the lack of law, this opportunity was not provided to him. A criminal case was launched against Mamedov and he was sentenced to 6 months in prison for evading military service. Higher authorities upheld this decision.
In 2009, a criminal case was again launched against Mammadov on the same grounds and in 2009 he was fined 250 manat.
Samir Huseynov on similar grounds was sentenced to 10 months in prison. The court proceeded from the fact that Huseynov did not provide evidence that the belief of Jehovah's Witnesses does not allow military service.
Mammadov and Huseynov raised the issue of violation of their rights under Art. 9 and 14 (freedom of conscience, thought and religion and prohibition of discrimination).
Three other applicants raised the issue of a violation of their rights under Art. 9 (freedom of thought, conscience and religion). One of them - Farid Mammadov himself turned to the Draft Board and asked for alternative service. However, he was arrested and sentenced to 9 months.
Fakhraddin Mirzoev was sentenced to 1 year in prison, but subsequently pardoned, Kamran Mirzoev received 9 months in prison. -06D-
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