• Number of leading judgments pending implementation: 50

  • Average time leading cases have been pending: 8 years and 3 months

  • Percentage of leading cases from the last 10 years still pending (as of 12/06/2023): 82%

Percentage of leading cases from the last 10 years still pending

 

Case example(s)

EIN Blog
Bagirov v Azerbaijan
Bagirov v Azerbaijan

The case concerned a complaint made by Khalid Bagirov, a lawyer and member of the Azerbaijani Bar Association (ABA), that he had been suspended from practising law and then disbarred because of statements he had made about police brutality and the functioning of the judicial system in the country.

The Court found a violation of Article 8 (right to private life) and Article 10 (freedom of expression) of the Convention.

Natig Jafarov v Azerbaijan: persecution of political activists in Azerbaijan
Natig Jafarov v Azerbaijan: persecution of political activists in Azerbaijan

The applicant, Natig Mehman oglu Jafarov is a co-founder of the political movement Republican Alternative Civic Movement (REAL). In 2016 REAL launched a campaign against amendments to the Constitution envisaged by a draft Referendum Act. In August 2016 Mr Jafarov was arrested on the criminal charges of illegal entrepreneurship and aggravated use of power. The ECtHR found a violation of Article 3 (prohibition of inhuman and degrading treatment), Article 5 (rights to liberty and security) and Article 18 (limitation on use of restriction on rights).

Ibrahimov and Mammadov v Azerbaijan: arbitrary arrest and detention of government critics
Ibrahimov and Mammadov v Azerbaijan: arbitrary arrest and detention of government critics

The case concerned two applicants arrested and prosecuted on drug charges, which they alleged were false and that they were in fact arrested and detained because of the political graffiti they had painted on the statue of a former president. Both applicants were members of NIDA, a civil society movement. They were arrested in May 2016 after having painted a graffiti on a statue of Heydar Aliyev, the former president of Azerbaijan.

The Court found a violation of Articles 3, 5, 10 and 18 of ECHR.

Persecution of journalism: the case of Khadija Ismayilova
Persecution of journalism: the case of Khadija Ismayilova

Khadija Ismayilova is a well-known Azerbaijani investigative journalist, whose work has been highly critical of the government. Due to her activities, Ms Ismayilova has been the victim of harassment, threats, a smear campaign and an unjustified prosecution. These events led to a series of judgments in her favour at the European Court of Human Rights - which remain unimplemented.

Rasul Jafarov and the persecution of human rights defenders in Azerbaijan
Rasul Jafarov and the persecution of human rights defenders in Azerbaijan

Rasul Jafarov is an Azerbaijani lawyer, human rights activist and chairman of the Human Rights Club. In 2014, he was arrested and placed in detention because of his human rights activities. This was part of a wider crackdown on independent civil society.

On the same day that the European Court of Human Rights ruled in his favour in 2016, Mr Jafarov was freed from jail. In April 2020 Mr Jafarov was issued with a full acquittal by the Azerbaijan Supreme Court, with an award of compensation. This removed the bar on him working as a lawyer and restored his right to run in elections.

Mr Jaforov is one of many ongoing victims of the persecution of human rights defenders in Azerbaijan.

Justice for persecuted opposition politician Ilgar Mammadov
Justice for persecuted opposition politician Ilgar Mammadov

Ilgar Mammadov is an Azerbaijani blogger, activist and political figure. After announcing his intention to run for President in 2013, Mr Mammadov was detained and prosecuted in order to silence him. Mr Mammadov won a series of cases at the European Court of Human Rights and was released in August 2018. In April 2020 Mr Mammadov was issued with a full acquittal by the Azerbaijan Supreme Court, with an award of compensation. This restored his right to run in elections.

As of April 2020, other Azerbaijani victims of political persuction identified by the European Court of Human Rights still wait for justice (including Anar Mammaldi and Intigam Aliyev). EIN continues to campaign for justice in their cases, as well reforms in Azerbaijan that would allow civil society to operate freely.

Arrest and detention of election monitoring specialist Anar Mammadli
Arrest and detention of election monitoring specialist Anar Mammadli

Anar Mammadli is an activist specialized in monitoring elections in Azerbaijan.

In 2008, his NGO was dissolved by justice. In 2013, in his report about the last elections, he concluded that the Azerbaijani elections were not democratic. The same year he was arrested and placed in custody.

The European Court of Human Rights concluded that his arrest was purely political. The reason of his detention was to silent him.

Unlawful detention of members of a civic movement in Azerbaijan
Unlawful detention of members of a civic movement in Azerbaijan

Rashad Hasanov, Zaur Gurbanli, Uzeyir Mammadli and Rashadat Akhundov are four activists and members of NIDA civic movement. They fight for liberty and peace in Azerbaijan.

In 2013, they organized protests about governement actions.

The same year, they were all arrested and placed in custody for the organization of these events.

The European Court of Human Rights found that their arrest was politically motivated. The reason of their arrest was to punish them for having criticized the government.

Human rights defender Intigam Aliyev
Human rights defender Intigam Aliyev

Intigam Aliyev is an Azerbaijani lawyer and human rights activist. He was arrested and imprisoned for his human rights activities. Intigam was eventually released from jail and proved his case at the European Court of Human Rights. However, he has still not been exonerated, meaning that he is unable to conduct his important human rights work. His case reflects widespread persecution of human rights defenders in Azerbaijan, who are continually targeted for political reasons.

Useful links

Sources of Statistics: Council of Europe Annual Reports on the Implementation of Judgments and HUDOC EXEC. Statistics as of January 2024.