Baku/18.01.22/Turan: As compared to previous years, the European Court of Human Rights has made much more judgments against Azerbaijan in 2021. Until now, the Strasbourg Court has ruled on 10-15 cases on Azerbaijan every year; however, in 2021, this figure rose several times, making 84 on more than 300 applications. In the past, the maximum amount of compensation awarded to applicants from Azerbaijan amounted to 800 thousand euros per year. However, in 2021, the ECHR obliged the Azerbaijani authorities to pay compensation of 1.9 million euros. These data were given in an interview with the Azerbaijani service of the Voice of America by Khalid Agaliyev, an expert in the field of law, head of the monitoring group for the ECHR.
As for the nature of the cases from Azerbaijan, half of the 84 decisions were related to the violation of the right to vote.
The ECHR made no decisions on them on the merits, because the government itself recognized the violation of the rights of about 50 people, and notified the Strasbourg Court about it.
The rights of about 40 applicants to freedom of association were also found to have been violated.
However, most of all, the right to a fair trial was violated.
In other words, most cases come to the ECHR because of the unfair trial in Azerbaijan.
When asked about the execution of ECHR decisions, the expert regretfully stated that Azerbaijan takes the last place among the CE countries with respect to this index.
Thus, according to the official data of the Committee of Ministers of the Council of Europe, just 60 out of 300 decisions of the Committee have been fully implemented.
At the same time, while decisions on individual measures are implemented, the situation around the implementation of general measures (i.e. elimination of possibilities that lead to violation of rights) is very bad.
At present, about 270 decisions are pending which is the worst index as compared to other European countries.
It should be added that non-execution of decisions is largely due to politically motivated cases. In these cases, there is even a problem with the payment of compensation to applicants.
in particular, there are serious problems with the payment of compensation in the cases of former political prisoners Giyas Ibragimov, Seymour Hezi, Tofig Yagublu and others. The only way to solve this problem is to pay compensation. At the same time, general effective measures should be taken to prevent further violations revealed in the decisions on the cases of these persons.
The expert also regretted that Azerbaijani courts do not use the precedent decisions of the ECHR.
There were several cases at the end of the 2000s. For example, once a judge referring to the precedent decision of the ECHR rejected a suit of an official against the editor of the newspaper "Azadlyq". However, subsequently the courts stopped using this practice, Agaliyev further said. -06D
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