Resolution CM/ResDH(2023)257

Execution of the judgments of the European Court of Human Rights

Two cases against Azerbaijan

(Adopted by the Committee of Ministers on 21 September 2023 at the 1475 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

13274/08

TAGIYEV AND HUSEYNOV

05/12/2019

05/03/2020

28083/08

MAHMUDOV AND AGAZADE

22/07/2021

22/07/2021

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 judgments transmitted by the Court to the Committee in these cases and to the violations established on account of unjustified interferences with the applicants’ right to freedom of expression;

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 indicating the individual measures adopted to give effect to the judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2023)768 );

Considering that the question of individual measures was resolved, given that the applicants no longer suffer any negative consequences of the violations found by the Court following their release and erasure of their criminal records;

Recalling that the question of general measures required in response to the shortcomings found by the Court in the present judgments continues to be examined within the framework of the Mahmudov and Agazade group of cases (35877/04), also in the light of the Court’s findings in these cases, and that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the general measures in relation to the imposition of disproportionate criminal sanctions for defamation and arbitrary application of other provisions of the Criminal Code to limit freedom of expression;

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases;

CONCLUDES that the necessary individual measures have been adopted;

DECIDES to continue to supervise the adoption of the necessary general measures concerning the imposition of disproportionate criminal sanctions for defamation and arbitrary application of other provisions of the Criminal Code to limit freedom of expression in the Mahmudov and Agazade group of cases (35877/04);

DECIDES to close the examination of these cases.