Communicated on 23 May 2018
FIFTH SECTION
Application no. 28083/08
Rovshan MAHMUDOV
against Azerbaijan
lodged on 21 May 2008
SUBJECT MATTER OF THE CASE
The application concerns criminal convictions of a chief editor and a journalist of an opposition-oriented newspaper for publishing an allegedly defamatory article concerning J.A., a prominent political figure in Azerbaijan. Following a private prosecution claim brought by J.A., by a judgment of 16 May 2007 the Yasamal District Court convicted the applicants under Articles 147.1 (slander) and 147.2 (slander by accusation of having committed a serious criminal offence) of the Criminal Code and sentenced each of them to two years and six months’ imprisonment. After a series of appeals, the applicants’ convictions and sentences were upheld by the final decision of the Supreme Court of 8 January 2008. Prior to the delivery of the Supreme Court’s final decision, the applicants were released from serving the remainder of their prison sentences pursuant to a presidential pardon decree of 28 December 2007.
QUESTIONS tO THE PARTIES
1. Has there been a violation of the applicants’ right to freedom of expression, contrary to Article 10 of the Convention? In particular, was the interference justified in terms of Article 10 § 2? Were the sanctions imposed on the applicants proportionate to the aims pursued (see Cumpǎnǎ and Mazǎre v. Romania [GC], no. 33348/96, ECHR 2004‑XI, and Mahmudov and Agazade v. Azerbaijan, no. 35877/04, 18 December 2008)?
2. The parties are requested to submit a translation into English or French of the specific extracts of the impugned article which led to the applicants’ criminal convictions.
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