Interim Resolution CM/ ResDH ( 2015)156 Execution of the judgment of the European Court of Human Rights Ilgar Mammadov against Azerbaijan

Application

Case

Judgment of

Final on

15172/13

ILGAR MAMMADOV

22/05/2014

13/10/2014

(Adopted by the Committee of Ministers on 24 September 2015 at the 1236th meeting of the Ministers ’ Deputies)

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

C oncerning the individual measures, recalled that the violations found, and in particular that of Article 18 taken together with Article 5, call into question the well- foundedness of the criminal proceedings against the applicant, a political opposition figure;

D eeply deplored that, notwithstanding the Committee ’ s decisions and Interim Resolution CM/ ResDH ( 2015)43 , the applicant has still not been released;

F irmly reiterated its call that the applicant be released immediately and strongly urged the authorities to guarantee his physical integrity in the meantime ;

Expressed concerns about the current situation of Khalid Bagirov , who was the applicant ’ s representative until his licence was suspended;

E xpressed moreover its deepest concern in respect of the lack of adequate information on the general measures envisaged to avoid any circumvention of legislation for purposes other than those prescribed , which represents a danger for the respect of the rule of law;

E xhorted the authorities to resume the dialogue with the Committee in order to achieve rapid and concrete progress in the execution of this judgment;

Underlined, in view of the situation, the obligation of every member State of the Council of Europe to comply with its obligations under Article 3 of the Statute of the Council of Europe which provides: “Every member of the Council of Europe must accept the principles of the rule of law and of the enjoyment by all persons within its jurisdiction of human rights and fundamental freedoms, and collaborate sincerely and effectively in the realisation of the aim of the Council [of Europe] ..”;

C alled on the authorities of the member S tates and the Secretary General to raise the applicant ’ s situation with the highest authorities in Azerbaijan in order to get him released; invited the observer States to the Council of Europe and international organisations to do the same;

D ecided to examine this case at its 1243rd meeting (December 2015) (DH) .