Baku/20.10.17/Turan: Chairman of Milli Majlis of Azerbaijan Ogtay Asadov expressed his attitude to the possible application of the Article 46 of the European Convention of Human Rights against the country because of the failure to execute the decision of the Strasbourg court on the case of oppositionist Ilgar Mammadov.
At a meeting of the parliament on October 20, he said that more than 10 thousand decisions of the European Court of Human Rights have not been enforced. "But Azerbaijan fulfills all these decisions, pays fines, if they play in the lottery, Azerbaijan is chosen as a target from so many countries, the application of the well-known article against Azerbaijan would be biased. If this Article is applied, we will discuss whether to stay with us in the Council of Europe," said Asadov.
The Committee of Ministers of the Council of Europe will consider on October 25 the issue of Azerbaijan's failure to implement the ECHR decision in the Mammadov case.
A month ago, the Committee warned that if by this time Mammadov was not released, he would submit to the European Court the question of the country's failure to fulfill its obligation under Article 46 § 1 (failure to comply with the European Court's decision) of the European Convention.
The essence of the application of Article 46 is that the Committee of Ministers conveys the question of not enforcing the decision of the ECHR to the court itself. If the latter comes to the conclusion that there is no execution and it is not legally justified, the matter is again submitted to the Committee of Ministers for taking appropriate measures in connection with the country's failure to fulfill its obligations to the organization.
The leader of the REAL movement, Ilgar Mammadov, was arrested in connection with the riots in the city of Ismayilli on January 23-24, 2013. Despite arriving in the city after restoring calm, Mammadov was accused of organizing riots, resisting the police, and was sentenced to 7 years in prison.
In May 2014, the ECHR ruled that the arrest and detention of Ilgar Mammadov violated many provisions of the European Convention and demanded his release. -06D-
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