Interim Resolution CM/ ResDH ( 2021)41

Execution of the judgments of the European Court of Human Rights

Mammadli group against Azerbaijan

(Adopted by the Committee of Ministers on 11 March 2021 at the 1398 th meeting of the Ministers ’ Deputies)

Application

Case

Judgment of

Final on

47145/14

MAMMADLI

19/04/2018

19/07/2018

48653/13+

RASHAD HASANOV AND OTHERS

07/06/2018

07/09/2018

68762/14+

ALIYEV

20/09/2018

04/02/2019

64581/16

NATIG JAFAROV

07/11/2019

07/02/2020

63571/16

IBRAHIMOV AND MAMMADOV

13/02/2020

13/06/2020

30778/15

KHADIJA ISMAYILOVA (No. 2)

27/02/2020

27/06/2020

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”),

Recalling that, in respect of each applicant in this group of cases, the European Court found a violation of Article 18 taken in conjunction with Article 5 of the Convention, revealing “a troubling pattern of arbitrary arrest and detention of government critics, civil society activists and human-rights defenders through retaliatory prosecutions and misuse of criminal law in defiance of the rule of law”;

Recalling the Committee ’ s previous decisions, including the interim resolution adopted at its 1396 th meeting (March 2020) (DH), urging the authorities to ensure that all the necessary individual measures are taken in respect of each applicant without any further delay and the decision adopted at its 1390 th meeting (December 2020) (DH) to continue examining this group of cases at each of its human rights (DH) meetings until all the applicants ’ convictions are quashed ;

Recalling further the decisions adopted by the Supreme Court of Azerbaijan on 23 April 2020 quashing the convictions of the former first two applicants ( Ilgar Mammadov and Rasul Jafarov ) and awarding them compensation for non-pecuniary damage resulting from their unlawful arrest and imprisonment;

Noting the information provided during the meeting that the judgments in the cases of Ibrahimov and Mammadov and Khadija Ismayilova (No. 2) have also now been sent for consideration to the Supreme Court of Azerbaijan;

FIRMLY REITERATES that, as confirmed by the Court in its judgment Ilgar Mammadov (Article 46 § 4) of 29 May 2019, restitutio in integrum in this group of cases requires the quashing of the applicants ’ convictions, their erasure from their criminal records and the elimination of all other consequences of the criminal charges brought against them, including by fully restoring their civil and political rights;

DEEPLY DEPLORES that, notwithstanding the Committee ’ s persistent and repeated indications, the seriousness of the Court ’ s findings and the urgency of the required measures, restitutio in integrum has still not been achieved for the remaining applicants in this group, their abusive criminal convictions still stand and they continue to suffer the negative consequences of the criminal charges brought to silence and punish them, in breach of the Convention and in defiance of the principle of the rule of law;

EXHORTS therefore the Azerbaijani authorities to put an immediate end to this situation by ensuring that all the necessary individual measures are taken in respect of all the applicants as a matter of key priority and with utmost urgency and that the relevant information is submitted to the Committee by 30 April 2021 at the latest;

STRONGLY REITERATES its call for targeted and effective steps to be taken to address the root causes of these violations, in particular the misuse of the criminal law and retaliatory prosecutions, which could include the implementation of the relevant recommendations of the Group of States against Corruption to strengthen the independence of the judiciary and the prosecutor ’ s office;

NOTES FINALLY WITH INTEREST, the information provided on the measures for abandoning the practice of placing defendants in metal cages during court hearings.