Interim R esolution CM/ ResDH ( 2015) 250 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 9 December 2015 at the 1243rd meeting of the 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 inadequacy of the legislation on defamation and the arbitrary application of criminal legislation to limit freedom of expression, have been pending before the Committee of Ministers since 2009 and 2010 respectively;

Recalling its previous decisions and resolutions in these cases;

Expressed anew its deepest concern in respect of the absence of any adequate response to the problem of the arbitrary application of the criminal law to restrict this fundamental freedom and deplored that, notwithstanding the undertakings given, necessary amendments to the law on defamation ha ve not been introduced;

Reiterated, in this context, its deep concern about the criminal conviction of Mr Intigam Aliyev , the applicants ’ representative notably in the case of Mahmudov and Agazade ;

Stressed anew that freedom of expression constitutes one of the essential foundations of a democratic society and one of the basic conditions for its progress, and that efficient guarantees against arbitrary application of criminal legislation are capital for the respect of the Rule of Law;

Exhorted anew the authorities to resume the dialogue with the Committee of Ministers;

Exhorted them also to adopt without further delay measures demonstrating their determination to solve the problems revealed, in particular that of the arbitrary application of criminal legislation to limit freedom of expression;

Decided to resume consideration of these cases at its 1250th meeting (March 2016) (DH).