Resolution CM/ResDH(2021)426

Execution of the judgment of the European Court of Human Rights

Rashad Hasanov and Others against Azerbaijan (Mammadli group)

(Adopted by the Committee of Ministers on 2 December 2021

at the 1419 th meeting of the Ministers' Deputies)

Application No.

Case

Judgment of

Final on

48653/13+

RASHAD HASANOV AND OTHERS

07/06/2018

07/09/2018

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

Having regard to the final judgment transmitted by the Court to the Committee in this case and to the violations established on account of the applicants’ arrest and detention in the absence of any reasonable suspicion that they had committed an offence (violation of Article 5, paragraph 1(c)) and of the Court’s findings that the actual purpose of the criminal proceedings was to silence and punish them for their active social and political engagement and that the restriction of their rights was applied for purposes other than those prescribed by the Convention (violation of Article 18 taken in conjunction with Article 5);

Recalling the respondent State’s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:

- of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum ; and

- of general measures preventing similar violations;

Having invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;

Having examined the information provided by the government in respect of the individual measures including as regards the payment of the just satisfaction awarded by the Court;

Considering that the question of individual measures has been resolved, given that the applicants’ criminal convictions were quashed by a judgment of the Plenum of the Supreme Court of Azerbaijan dated 19 November 2021, which also discontinued the criminal charges against them and awarded them compensation for unlawful arrest and imprisonment, and that therefore no negative consequences persist for them on account of the abusive criminal charges brought in the framework of the proceedings examined by the European Court;

Recalling that the question of general measures required in response to the shortcomings found by the Court in the present judgment continues to be examined within the framework of the Mammadli group (Application No. 47145/14) of cases and that the closure of this case therefore in no way prejudges the Committee’s evaluation of the general measures in relation to the problem of misuse of the criminal law against government critics, civil society activists and human rights defenders and to the need to eradicate this problem and to ensure the independence of the judiciary and the prosecuting authorities;

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and

DECIDES to close the examination of this case.