Interim Resolution CM/ResDH(2020)47
Execution of the judgments of the European Court of Human Rights
Ilgar Mammadov group against Azerbaijan
(Adopted by the Committee of Ministers on 5 March 2020
at the 1369th meeting of the Ministers’ Deputies)
Application
Case
Judgment of
Final on
15172/13
ILGAR MAMMADOV
22/05/2014
29/05/2019
13/10/2014
Grand Chamber
69981/14
RASUL JAFAROV
17/03/2016
04/07/2016
919/15
ILGAR MAMMADOV (No. 2)
16/11/2017
05/03/2018
47145/14
MAMMADLI
19/04/2018
19/07/2018
48653/13+
RASHAD HASANOV AND OTHERS
07/06/2018
07/09/2018
68762/14+
ALIYEV
20/09/2018
04/02/2019
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”), and under the terms of Article 46, paragraph 5, of the Convention, which provides that when in proceedings under Article 46, paragraph 4, the Court finds a violation of Article 46 paragraph 1 the case is referred back to the Committee for consideration of the measures to be taken;
Recalling that, in respect of each of the eight applicants, the Court found a violation of Article 18 taken in conjunction with Article 5 of the Convention, revealing “a troubling pattern of arbitrary arrest and detention of government critics, civil society activists and human-rights defenders through retaliatory prosecutions and misuse of criminal law in defiance of the rule of law”;
Recalling further that, following the proceedings initiated by the Committee under Article 46, paragraph 4, of the Convention, the Court confirmed in its judgment Ilgar Mammadov (Article 46, § 4) of 29 May 2019 that Azerbaijan was in violation of its obligation under Article 46, paragraph 1, of the Convention to abide by the Ilgar Mammadov judgment of 22 May 2014;
Reiterating that the above findings of the European Court make it clear that restitutio in integrum in this group of cases requires the quashing of the applicants’ convictions, their erasure from their criminal records and the elimination of all other consequences of the criminal charges brought against them, including by fully restoring their civil and political rights;
Deeply regretting that, some nine months after the Court delivered its Article 46, paragraph 4, judgment, the applicants’ convictions still stand and they still suffer the negative consequences thereof, including the inability fully to resume their professional and political activities;
URGES the Azerbaijani authorities to ensure that all the necessary individual measures are taken in respect of each of the applicants without any further delay and to report to the Committee by 30 April 2020 at the latest;
DECIDES to resume consideration of these cases at its 1377th meeting (June 2020) (DH) at the latest.
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