Ilgar Mammadov v. Azerbaijan: Supervision of the execution of the Court’s judgments

Ilgar Mammadov v. Azerbaijan (Application No. 15172/13)

Supervision of the execution of the Court’s judgments

DH-DD(2015)1178, CM/ResDH(2015)43, CM/ResDH(2015)156, DH-DD(2015)859, DH-DD(2015)780,

DH-DD(2014)1521, DH-DD(2014)1450, DH-DD(2015)1112, DH-DD(2015)1090, DH-DD(2015)778, DH-DD(2015)769, DH-DD(2015)566, DH-DD(2015)525, DH-DD(2015)158, DH-DD(2015)152, DH-DD(2014)1533, DH-DD(2015)844,

DH-DD(2015)264, SG/Inf(2015)37, AP195(2015), DH-DD(2015)1279, DH-DD(2015)1278, DH-DD(2015)1329, CM/Del/Dec(2015)1236/3

Decisions

The Deputies

1. underlined that the violations of Article 18 of the Convention combined with Article 5 found by the European Court of Human Rights in the judgment Ilgar Mammadov v. Azerbaijan (final on 13/10/2014) challenge the foundation of the criminal proceedings against Ilgar Mammadov, an opposition politician, and that the Committee of Ministers has, since December 2014, been requesting the Azerbaijani authorities to release Ilgar Mammadov and to ensure his physical integrity;

2. strongly deplored that, despite numerous calls of the Committee of Ministers, the applicant has still not been released;

3. insisted anew on the necessity for the authorities to ensure, without further delay, the applicant’s release and to guarantee his physical integrity in the meantime and insisted on the need for the Azerbaijani authorities to respond as a matter of urgency to all Rule 9 submissions concerning the applicant’s situation;

4. noted that the Supreme Court of Azerbaijan ordered only a partial cassation, which does not appear to take into account the findings of the European Court in the applicant's case and, in particular, those relating to the violation of Article 18 in conjunction with Article 5;

5. urged the authorities to translate into Azerbaijani the decisions and resolutions of the Committee of Ministers and to disseminate them to all the authorities concerned, including the referring court, namely the Sheki Court of Appeal;

6. noted also with concern the absence of any information on the general measures taken or envisaged to avoid any further circumvention of legislation for purposes other than those prescribed;

7. reiterated their call upon the Azerbaijani authorities to provide, without delay, concrete and comprehensive information on the measures taken and/or envisaged 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;

8. also reiterated their call on the authorities of the member States and the Secretary General to raise the applicant’s situation with the highest authorities in Azerbaijan in order to get him released, as well as their invitation to the observer States to the Council of Europe and international organisations to do the same;

9. agreed to resume consideration of the individual measures at their 1250th meeting (March 2016) (DH) and, in the event that the applicant has not been released before then, to consider the possibility of including an item on his situation on the agenda of each regular and Human Rights meeting of the Committee, until such time as he is released;

10. decided to resume consideration of the general measures at their 1250th meeting (March 2016) (DH).

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