Justice for persecuted opposition politician Ilgar Mammadov
/Background
Ilgar Mammadov is a blogger, activist and political figure who (at the time of writing) is Chair of the REAL opposition party.
Mr Mammadov announced his intention to run for President of Azerbaijan in 2013. In February 2013 he was arrested and charged with a series of crimes, including causing mass disorder. He was sentenced to seven years in prison.
Judgments of the European Court of Human Rights
In May 2014 the Court ruled that the Mr Mammadov had been persecuted in order to silence or punish him for his criticism of the government. The Council of Europe’s Committee of Ministers called for Mr Mammadov’s immediate and unconditional release.
Nevertheless, Mr Mammadov remained in detention. In November 2017 the Court found a further violation of Mr Mammadov’s right to a fair trial.
In December 2017 the Committee of Ministers took the unprecedented step of referring a question to the European Court of Human Rights under the infringement proceedings of Article 46 § 4 of the Convention, regarding Azerbaijan’s failure to release and acquit Mr Mammadov.
Mr Mammadov was freed in August 2018. However, his criminal conviction remained, meaning that he would be barred from standing in elections.
In May 2019 the European Court issued its judgment in the infringement proceedings. It stated clearly that Azerbaijan had failed to comply with the 2014 judgment. It stated that Mr Mammadov’s criminal conviction and all of its consequences must be erased.
Implementation
Mr Mammadov faced a prolonged delay in the implementation of his judgments. Although he had been released from prison, he was unable to play his role as a politician because his conviction barred him from standing in elections. Throughout 2019 EIN campaigned for justice in his case, by providing advice on engaging with the implementation process, passing information between Mr Mammadov and Council of Europe entities, organising briefings by Mr Mammadov to the Council of Europe’s Committee of Ministers, and conducting advocacy activities with the Council of Europe and the European Union.
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.
- Press Release and Judgment of the European Court of Human Rights in the infringement proceedings
- Summary of the Mammadov Group on the Hudoc-Exec Website
- Briefing of Ilgar Mammadov to Committee of Ministers representatives, organised by EIN (May 2019)