Interim R esolution CM/ ResDH ( 2016)145 Execution of the judgments of the European Court of Human Rights Mahmudov and Agazade against Azerbaijan Fatullayev against Azerbaijan

Application

Case

Judgment of

Final on

35877/04

MAHMUDOV AND AGAZADE

18/12/2008

18/03/2009

40984/07

FATULLAYEV

22/04/2010

0 4/10/2010

( adopted by the Committee of Ministers on 8 June 2016 at the 1259th meeting of Ministers ’ Deputies)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, as amended by Protocol No. 11 (hereinafter “the Convention”);

Recalling that the problems revealed by the present cases, notably the arbitrary application of criminal legislation to limit freedom of expression and the inadequacy of the legislation on defamation in view of the case-law of the European Court of Human Rights , have been pending before the Committee of Ministers since 2009 and 2010 respectively;

Recalling its previous decisions and resolutions in these cases and in particular the invitation made to the authorities to take concrete measures to achieve rapid and tangible progress in the adoption of the necessary measures to secure freedom of expression and ensure respect for the rule of law in Azerbaijan;

Noting with interest the responses of the authorities to additional questions asked by delegations, regarding recent measures of awareness-raising and confirming the practice developed by the courts not to resort to criminal convictions for defamation;

Noting also the conditional release of the applicants ’ lawyer in the case of Mahmudov and Agazade ;

Considering, however, that this information is not such as to relieve the concerns expressed by the Committee in the face of the problems identified in these cases or to remove the necessity for further reforms;

CALLS on the highest competent authorities to appreciate fully the requirements of the European Convention on Human Rights concerning the respect for freedom of expression and the rule of law;

REITERATES therefore its call to the authorities to strengthen judicial independence vis-à-vis the executive and prosecutors, ensure the legality of the action of prosecutors and ensure the adequacy of the legislation on defamation;

INSISTS in this context on the necessity to strengthen without further delay the dialogue with all the relevant bodies / institutions of the Council of Europe, including in the framework of the Action Plan for Azerbaijan.