Interim Resolution CM/ ResDH ( 2015) 43 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

( A dopted by the Committee of Ministers on 12 March 2015 at the 1222nd 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 violations found in this case, and in particular that of Article 18 in conjun ction with Article 5, challenge the foundation of the criminal pro ceedings against the applicant who is a n opposition politician, expressed its very serious concern about the fact that the applicant is still detained despite the obligation of Azerbaijan to comply with the judgment of the Court;

Reiterated with insistence its call to the authorities to ensure without further delay the applicant ’ s release and to adopt the other measures necessary to erase the consequences of the violations established, in particular that of Article 18 taken in conjunction with Article 5 of the Convention;

Noted , in this regard , that the applicant ’ s appeal against his conviction is still pending before the Supreme Court, and expressed its deep concern about the fact that the Supreme Court has postponed its consideration sine die ;

Reiterated its call upon the Azerbaijani authorities to provide , without delay , concrete and comprehensive information on the measures taken and/or planned to avoid that criminal proceedings are instituted without a legitimate basis and to ensure effective judicial review of such attempts by the Prosecutor ’ s office, as well as to prevent new violations of the presumption of innocence by the Prosecutor ’ s office and members of the government;

Decided to resume consideration of these issues at its 1230th meeting (June 2015) (DH).