Ilgar Mammadov v. Azerbaijan (infringement proceedings)

Information Note on the Court’s case-law 213

December 2017

Ilgar Mammadov v. Azerbaijan (infringement proceedings) - 15172/13

Judgment 22.5.2014 [Section I]

Article 46

Article 46-4

Infringement proceedings

Infringement proceedings against Azerbaijan for alleged failure to abide by final judgment of the European Court

In 2013 the applicant, an opposition politician, was charged with criminal offences and remanded in custody after commenting on political issues on his personal internet blog. In a judgment of 22 May 2014 (see Information Note 174) the European Court found that his rights under Article 5 §§ 1 (c) and 4, Article 6 § 2 and Article 18 of the Convention had been violated.

The Committee of Ministers of the Council of Europe, which is responsible under Article 46 of the Convention for supervising the execution of the Court’s judgments, issued a series of decisions and interim resolutions calling – in view of the fundamental flaws in the criminal proceedings revealed by the Court’s conclusions under Article 18 of the Convention combined with Article 5 – for the immediate and unconditional release of the applicant, who is still in prison.

On 5 December 2017 the Committee of Ministers* decided to refer to the Court, in accordance with Article 46 § 4 of the Convention, the question whether the Republic of Azerbaijan has failed to fulfil its obligation under Article 46 § 1 to abide by final judgments of the Court. In accordance with Rule 96 of the Rules of Court, the question will be examined by the Grand Chamber.

* Interim Resolution CM/ResDH(2017)429.

© Council of Europe/European Court of Human Rights
This summary by the Registry does not bind the Court.

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