Cassation Complaint by Ilgar Mammadov to Be Considered November 18

The hearing of the cassation appeal of the convicted leader of the movement REAL Ilgar Mammadov is scheduled for November 18 in the Supreme Court of Azerbaijan chaired by Judge Ali Seyfaliyev. Turan was told by his lawyer Fuad Agayev.

According to him, the appeal raises the question of termination of the criminal prosecution in the absence of crime event.

Mammadov was arrested on false charges of organizing riots in the town of Ismayilli in January 2013 and sentenced to 7 years in prison. The ECHR in May 2014 recognized the illegality of Mammadov’s arrest and called for his release.

The Council of Europe Committee of Ministers at the meeting of 20-21 September found a violation of the European Convention of Human Rights and Freedoms in refusal to release Mammadov. Discussing Baku’s refusal to execute the decision of the ECHR, the Committee of Ministers adopted a resolution, viewing the refusal of liberating Mammadov as a violation of Article 46.1 of the European Convention for Human Rights and Freedoms, which requires compulsory execution of ECHR judgments.

The Committee called on the Azerbaijani authorities to fulfill their obligations voluntarily and expressed a hope that the Supreme Court within a reasonable time will consider Mammadov’s complaint.

According to human rights defenders, the reference to Article 46 means that in case of further refusal to release Mammadov, the Committee of Ministers may take sanctions against Azerbaijan. -06D--