Azerbaijan's Compliance Crisis: A Council of Europe Conundrum

In the intricate tapestry of international relations, adherence to the rulings and principles set forth by supranational bodies stands as a litmus test for a nation's commitment to the rule of law and human rights. Yet, amidst the halls of the Council of Europe, Azerbaijan's performance paints a stark picture of non-compliance and systemic challenges.

Since Azerbaijan's accession to the Council of Europe in 2001, the European Court of Human Rights (ECHR) has issued 469 decisions concerning the nation. However, recent revelations from legal expert Khalid Agaliyev shed light on the dire state of implementation, revealing that only a mere 25 percent of these decisions have been enacted. Such dismal figures place Azerbaijan at the bottom of the Council of Europe's compliance hierarchy, a troubling distinction for a member state.

Comparisons drawn with regional counterparts further underscore Azerbaijan's compliance crisis. While Russia, despite its expulsion from the Council of Europe, has executed 64 percent of ECHR decisions, neighboring nations like Georgia and Armenia grapple with similar challenges, with implementation rates at 57 percent and 60 percent, respectively. Even Turkey, embroiled in its own controversies, manages to address 89 percent of ECHR rulings.

The failure to implement ECHR decisions reverberates across Azerbaijani society, casting doubt on the efficacy of its legal system and the protection of fundamental rights. Opposition figure Ali Karimli's ordeal serves as a poignant example. Despite ECHR rulings in his favor regarding electoral rights violations and passport issuance, bureaucratic inertia has left justice elusive, leaving Karimli in a protracted legal limbo.

Azerbaijan's stance on ECHR decisions reflects a broader pattern of resistance, particularly in cases deemed politically sensitive. Fazil Mustafa, a member of the Milli Majlis Committee on human rights, told Radio Azadlig that decisions related to the Azerbaijani-Armenian conflict often fall victim to geopolitical posturing, complicating their execution. The recent decision by the Parliamentary Assembly of the Council of Europe (PACE) to withhold approval of the Azerbaijani delegation's powers underscores this diplomatic impasse, citing concerns over human rights violations and political prisoners.

Central to Azerbaijan's defiance is its victory in the 44-day war in 2020 and subsequent operations in 2023, including in Karabakh. While heralded as a restoration of overeignty, these victories have fueled geopolitical tensions and further entrenched Azerbaijan's confrontational stance within the Council of Europe.

As Azerbaijan navigates the complexities of post-conflict reconstruction, the imperative for compliance with international legal norms grows ever more urgent. Addressing systemic barriers to implementation, reforming legal frameworks, and fostering dialogue with supranational bodies are critical steps toward restoring Azerbaijan's standing within the Council of Europe and upholding the principles of justice and human rights on which it was founded.

In the face of mounting scrutiny and diplomatic pressures, Azerbaijan stands at a crossroads, where the path to legitimacy hinges on its willingness to confront its compliance crisis and embrace the responsibilities of membership in the Council of Europe.