Interim Resolution CM/ResDH(2015)250
Execution of the judgments of the European Court of Human Rights
Mahmudov and Agazade against Azerbaijan
Fatullayev against Azerbaijan
Application
Case
Judgment of
Final on
35877/04
MAHMUDOV AND AGAZADE
18/12/2008
18/03/2009
40984/07
FATULLAYEV
22/04/2010
04/10/2010
(Adopted by the Committee of Ministers on 9 December 2015
at the 1243rd meeting of the Ministers’ Deputies)
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, as amended by Protocol No. 11 (hereinafter “the Convention”);
Recalling that the problems revealed by the present cases, notably the inadequacy of the legislation on defamation and the arbitrary application of criminal legislation to limit freedom of expression, have been pending before the Committee of Ministers since 2009 and 2010 respectively;
Recalling its previous decisions and resolutions in these cases;
Expressed anew its deepest concern in respect of the absence of any adequate response to the problem of the arbitrary application of the criminal law to restrict this fundamental freedom and deplored that, notwithstanding the undertakings given, necessary amendments to the law on defamation have not been introduced;
Reiterated, in this context, its deep concern about the criminal conviction of Mr Intigam Aliyev, the applicants’ representative notably in the case of Mahmudov and Agazade;
Stressed anew that freedom of expression constitutes one of the essential foundations of a democratic society and one of the basic conditions for its progress, and that efficient guarantees against arbitrary application of criminal legislation are capital for the respect of the Rule of Law;
Exhorted anew the authorities to resume the dialogue with the Committee of Ministers;
Exhorted them also to adopt without further delay measures demonstrating their determination to solve the problems revealed, in particular that of the arbitrary application of criminal legislation to limit freedom of expression;
Decided to resume consideration of these cases at its 1250th meeting (March 2016) (DH).
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