Published on 22 June 2026
THIRD SECTION
Application no. 10598/21
Nuraddin ISMAYILOV
against Azerbaijan
lodged on 15 January 2021
communicated on 3 June 2026
SUBJECT MATTER OF THE CASE
The applicant, who describes himself as an independent journalist, was the founder and sole operator of a news website teref.info. The application concerns his criminal conviction for dissemination of allegedly false and unverified information in two articles published on that website. By the Supreme Court’s final decision of 16 June 2020 (sent to the applicant on 16 July 2020), the applicant was convicted under Articles 309.1 (abuse of official authority) and 313 (forgery by an official) of the Criminal Code and given a suspended sentence of three years’ imprisonment, conditional on two years’ probation, and a two years’ ban on holding public office.
The applicant complains under Article 10 of the Convention that his criminal conviction constituted a violation of his right to freedom of expression, and under Article 18 of the Convention, taken in conjunction with Article 10, that his conviction pursued the ulterior purpose of preventing him from publishing articles criticising public officials.
QUESTIONS TO THE PARTIES
1. Has there been an interference with the applicant’s freedom of expression, in particular his right to impart information and ideas, within the meaning of Article 10 § 1 of the Convention? If so, was that interference prescribed by law and necessary in a democratic society in pursuit of a legitimate aim, in terms of Article 10 § 2?
2. Were the restrictions imposed by the State in the present case, purportedly permitted under Article 10 of the Convention, applied for a purpose other than those envisaged by that provision, contrary to Article 18 of the Convention?
In support of their submissions, the parties are requested to provide any evidence and documents relating to the criminal proceedings against the applicant that are not already included in the case file, as well as the translation into English or French of the articles published by the applicant which led to his conviction.