Interim Resolution CM/ ResDH ( 2013) 199 Execution of the judgments of the European Court of Human Rights Mahmudov and Agazade against Azerbaijan Fatullayev against Azerbaijan

(Adopted by the Committee of Ministers on 26 September 2013 at the 1179th 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 Convent ion”),

Noting that the present cases concern violations of the right to freedom of expression of the applicants, in particular on account of their conviction to imprisonment for defamation as well as of arbitrary application of anti-terrorism legislation (violations of Article 10);

Not ing further that the Fatullayev case also concerns violations of the right to an impartial tribunal and of the right to presumption of innocence (violations of Articles 6§1 and 6§2);

Recalling that the Azerbaijani authorities had indicated to the Committee that, in response to these judgments, they had been elaborating a draft law on defamation and had requested the assistance of the Venice Commission to that effect;

Expressing its grave concern that to date no progress has been achieved in preparing this draft law despite the time that has elapsed and the Committee ’ s call upon the authorities to cooperate fully with the Venice Commission and to ensure that this cooperation process covers all the provisions pertaining to defamation;

Strongly regretting that amendments were introduced, last June, to the Criminal Code with a view to widening the scope of criminal sanctions for defamation and insult on the internet while the cooperation process with the Venice Commission was underway and that consultation in this context could have facilitated the adoption of legislative measures that would contribute to the execution of these judgments;

Noting also with concern that notwithstanding the questions raised repeatedly by the Committee regarding the non-arbitrary application of domestic legislation by the Azerbaijani courts, the right to an impartial tribunal and the respect of the presumption of innocence, to date the authorities have provided no tangible information demonstrating that the Court ’ s findings hav e been duly taken into account,

STRONGLY URGES the authorities of Azerbaijan to take, without any further delay, all necessary measures with a view to aligning the relevant legislation pertaining to defamation and its implementation with the Convention requirements as interpreted by the Court ’ s case law;

CALLS upon the authorities to provide the Committee without any further delay with tangible information on the measures taken or envisaged to guarantee a non-arbitrary application of the legislation by the domestic courts and to ensure the right to an impartial tribunal as well as the respect of the presumption of innocence.