Communicated on 23 May 2018

FIFTH SECTION

Application no. 28083/08 Rovshan MAHMUDOV against Azerbaijan lodged on 21 May 2008

SUBJECT MATTER OF THE CASE

The application concerns criminal convictions of a chief editor and a journalist of an opposition-oriented newspaper for publishing an allegedly defamatory article concerning J.A., a prominent political figure in Azerbaijan. Following a private prosecution claim brought by J.A., by a judgment of 16 May 2007 the Yasamal District Court convicted the applicants under Articles 147.1 (slander) and 147.2 (slander by accusation of having committed a serious criminal offence) of the Criminal Code and sentenced each of them to two years and six months ’ imprisonment. After a series of appeals, the applicants ’ convictions and sentences were upheld by the final decision of the Supreme Court of 8 January 2008. Prior to the delivery of the Supreme Court ’ s final decision, the applicants were released from serving the remainder of their prison sentences pursuant to a presidential pardon decree of 28 December 2007.

QUESTIONS tO THE PARTIES

1. Has there been a violation of the applicants ’ right to freedom of expression, contrary to Article 10 of the Convention? In particular, was the interference justified in terms of Article 10 § 2? Were the sanctions imposed on the applicants proportionate to the aims pursued (see CumpÇŽnÇŽ and MazÇŽre v. Romania [GC], no. 33348/96, ECHR 2004 ‑ XI, and Mahmudov and Agazade v. Azerbaijan , no. 35877/04, 18 December 2008 )?

2. The parties are requested to submit a translation into English or French of the specific extracts of the impugned article which led to the applicants ’ criminal convictions.