Interim Resolution CM/ ResDH (2020)47

Execution of the judgments of the European Court of Human Rights

Ilgar Mammadov group against Azerbaijan

(Adopted by the Committee of Ministers on 5 March 2020 at the 1369 th meeting of the Ministers ’ Deputies)

Application

Case

Judgment of

Final on

15172/13

ILGAR MAMMADOV

22/05/2014

29/05/2019

13/10/2014

Grand Chamber

69981/14

RASUL JAFAROV

17/03/2016

04/07/2016

919/15

ILGAR MAMMADOV (No. 2)

16/11/2017

05/03/2018

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

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”), and under the terms of Article 46, paragraph 5, of the Convention, which provides that when in proceedings under Article 46, paragraph 4, the Court finds a violation of Article 46 paragraph 1 the case is referred back to the Committee for consideration of the measures to be taken;

Recalling that, in respect of each of the eight applicants, the 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 further that, following the proceedings initiated by the Committee under Article 46, paragraph 4, of the Convention, the Court confirmed in its judgment Ilgar Mammadov (Article 46, § 4) of 29 May 2019 that Azerbaijan was in violation of its obligation under Article 46, paragraph 1, of the Convention to abide by the Ilgar Mammadov judgment of 22 May 2014;

Reiterating that the above findings of the European Court make it clear that 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 regretting that, some nine months after the Court delivered its Article 46, paragraph 4, judgment, the applicants ’ convictions still stand and they still suffer the negative consequences thereof, including the inability fully to resume their professional and political activities;

URGES the Azerbaijani authorities to ensure that all the necessary individual measures are taken in respect of each of the applicants without any further delay and to report to the Committee by 30 April 2020 at the latest;

DECIDES to resume consideration of these cases at its 1377 th meeting (June 2020) (DH) at the latest.