11 Jul 2017 | Azerbaijan, Azerbaijan Statements, Campaigns, Campaigns -- Featured, Statements
President of France, Mr. Emmanuel Macron
L’Élysée
55 Rue du Faubourg Saint-Honoré
75008 Paris, France
Ministry of Europe and Foreign Affairs of France
37, Quai d’Orsay
75351 Paris, France
Embassy of France to Azerbaijan
9, rue Rassoul Rza
AZ 1000, Baku, Azerbaijan
Subject: Support for political prisoners in Azerbaijan
11 July 2017
Dear President Macron,
We are writing to you on behalf of the undersigned organisations to draw your attention to the repressive free speech situation in Azerbaijan and to request your support to ensure the release of those imprisoned on politically motivated grounds in this country. In particular, we urge you to use your administration’s influence and leverage to help ensure the implementation of the ruling issued by the European Court of Human Rights (ECtHR) on the case of political opposition activist Ilgar Mammadov. He remains in prison, although the Court concluded that he was detained in retaliation for his criticism of the government. The persistent non-execution of the ruling in his case by the Azerbaijani authorities is undermining the credibility of the human rights protection regime established by the Council of Europe and sets a dangerous precedent for all those wrongfully prosecuted in Azerbaijan who turn to the Court in search of justice.
In view of France’s role as a leading European state and host country for the ECtHR and other Council of Europe bodies, as well as its well-developed cooperation with Azerbaijan in trade and other areas, your engagement on this issue would be particularly important. We welcome the moral, value-based and human rights oriented leadership that you have embraced for your presidency and are confident that you will vigorously pursue human rights in relations with Azerbaijan’s government on the basis of the common standards set out in the European Convention on Human Rights.
In the last few years, Azerbaijan’s government has carried out a relentless crackdown on alternative voices in the country. Legislation seriously restricting the operation of NGOs has been enforced, independent media subjected to pressure, the political opposition has been marginalised and human rights defenders, journalists and political opposition activists have been arrested, convicted and imprisoned on politically motivated charges.
While some of those imprisoned on such grounds have been released as a result of international pressure, new arrests continue to take place. For example, well-known blogger Mehman Huseynov was arrested and sentenced to two years in prison on defamation charges in March this year after speaking out about police ill-treatment. Journalist Aziz Orujov and opposition member Gozel Bayramli were arrested on other spurious charges in May, while in the same month journalist Afgan Mukhtarli was abducted in Georgia only to resurface in Azerbaijani custody. Many government critics imprisoned in previous years also remain behind bars, including Ilgar Mammadov.
Ilgar Mammadov, who chaired the political opposition REAL party and served as director of the Council of Europe School of Political Studies in Azerbaijan, was detained in February 2013 after monitoring and reporting on street protests in the town of Ismayilli, which resulted in clashes with the police. He was groundlessly accused of instigating these clashes and sentenced to seven years in prison on trumped-up charges of organising mass riots and using violence against police. In a judgment issued in May 2014, the ECtHR found that Ilgar Mammadov’s arrest and detention violated his rights to liberty and security, judicial review of his detention and to be presumed innocent under the European Convention on Human Rights. The court also found that Azerbaijan’s government had imposed restrictions on his rights for purposes other than those permitted, in violation of its obligations under the Convention. The court concluded that Mammadov was detained on political rather than legal grounds for the purpose of punishing and silencing him for his criticism of the government.
It has now been more than three years since the ECtHR adopted its judgement in this case, but the Azerbaijani authorities have consistently failed to implement it, although Azerbaijan is legally bound to comply with ECtHR rulings as a party to the European Convention on Human Rights. The Azerbaijani authorities have ignored repeated calls by other Council of Europe bodies, including its Committee of Ministers – which supervises the implementation of court rulings, its Secretary General and its Human Rights Commissioner to execute the judgment on Mammadov’s case. In November 2016, Azerbaijan’s Supreme Court rejected an appeal submitted by Mammadov on the basis of the ECtHR ruling and upheld his seven- year prison sentence. As a result, he continues to be unlawfully imprisoned.
To date the case of Ilgar Mammadov is the only one where the relevant authorities have failed to implement an ECtHR ruling that has found that the detention of an individual violates the right to liberty and security under the European Convention on Human Rights. As emphasized in a joint statement issued by 44 members of the Civic Solidarity Platform and the Sport for Rights Coalition in May 2017, the non-implementation of the ECtHR’s judgment on this case has developed into a test of the legitimacy of the Council of Europe as the guardian of human rights and the rule of law in the region. Thus, this case is no longer only about the unlawful deprivation of liberty of Ilgar Mammadov. On the contrary, it has become a case that risks weakening the effectiveness of the entire human rights protection regime established by the Council of Europe, as well as eroding confidence in this regime among people in Azerbaijan and other member states who turn to the ECtHR when their rights are being trampled upon by their governments.
We urge you to do all in your power to help prevent this dangerous outcome and to ensure the implementation of the ECtHR judgment in the case of Ilgar Mammadov, as well as the release of him and others arbitrarily detained on politically motivated grounds in Azerbaijan. To this end, we urge you in particular to:
- Support the civil society appeal to the Committee of Ministers of the Council of Europe to refer the case of Ilgar Mammadov back to the ECtHR on the grounds of non-execution of the judgment under article 46.4 of the European Convention on Human Rights, which sets out a mechanism in cases where parties to the convention refuse to abide by a final
- Issue a public statement on the importance of the execution of ECtHR judgments in view of the integrity and credibility of the human rights protection regime established by the Council of Europe, giving particular attention to the failure by the Azerbaijani authorities to date to implement the ruling on the case of Ilgar Mammadov and the wider implications of
- Prominently raise the case of Ilgar Mammadov and others who have been deprived of their liberty in retaliation for their exercise of fundamental freedoms in Azerbaijan, including Mehman Huseynov, Aziz Orujov, Gozel Bayramli and Afgan Mukhtarli in relations with the Azerbaijani authorities and use all available means of leverage to press for their
- Invite representatives of Azerbaijani civil society to a meeting to demonstrate support with them and to discuss the challenges they face and ways in which your administration can help address these challenges and promote improved respect for the standards protecting fundamental freedoms set out in the European Convention on Human
We thank you for your consideration of the issues raised in this letter and would be happy to provide additional information should you so request.
Sincerely,
- Association UMDPL (Ukraine)
- Bir Duino (Kyrgyzstan)
- Canadian Journalist for Free Expression (Canada)
- Center for Civil Liberties (Ukraine)
- Center for Participation and Development (Georgia)
- Centre for the Development of Democracy and Human Rights (Russia)
- Crude Accountability (USA)
- Eastern Partnership Civil Society Forum
- Fair Trails (UK)
- Freedom Files (Poland/Russia)
- Freedom Now (USA)
- German-Russian Exchange (DRA – Germany)
- Helsinki Committee for Human Rights (Serbia)
- Helsinki Foundation for Human Rights (Poland)
- Human Rights Matter (Germany)
- Human Rights Watch (USA)
- Index on Censorship (UK)
- International Partnership for Human Rights (Belgium)
- Kazakhstan International Bureau for Human Rights and the Rule (Kazakhstan)
- Legal Policy Research Center (Kazakhstan)
- Legal Transformation Center (Belarus)
- Libereco – Partnership for Human Rights (Germany/Switzerland)
- Moscow Helsinki Group (Russia)
- Norwegian Helsinki Committee (Norway)
- PEN America (USA)
- People in Need (Czech Republic)
- Public Association “Dignity” (Kazakhstan)
- Public Verdict Foundation (Russia)
- Regional Center for Strategic Studies (Azerbaijan)
- The Barys Zvozskau Belarusian Human Rights House (Belarus)
- The Kosova Rehabilitation Centre for Torture Victims (Kosovo)
- Truth Hounds (Ukraine)
- World Organisation against Torture (OMCT)
Human rights defenders from Azerbaijan who have signed the letter:
- Akif Gurbanov, Institute for Democratic Initiatives
- Alasgar Mammadli, lawyer
- Anar Mammadli, Election Monitoring and Democracy Training Center
- Annagi Hajibayli, Azerbaijan Lawyers Association
- Asabali Mustafayev, lawyer
- Bashir Suleymanli, Civil Rights Institute
- Intiqam Aliyev, Legal Education Society
- Khadija Ismayilova, human rights defender, investigative journalist
- Latafat Malikova, Regional Human Rights and Education Public Union
- Rasul Jafarov, Human Rights Club
- Samir Kazimli, human rights defender
- Xalid Bagirov, human rights defender, lawyer
- Zohrab Ismayıl, Public Association for Assistance to Free Economy
3 Jul 2017 | Europe and Central Asia, Magazine, News and features, Russia, Volume 46.02 Summer 2017 Extras
The summer 2017 issue of Index on Censorship magazine explores how the 1917 Russian Revolution still affects freedom today, in Russia and throughout the world.
To mark the release of the issue, Index has compiled a reading list for people wishing to learn more about its legacy in the world today. This list includes works from Soviet Russia and post-Soviet Russia, including Russia under Putin today.
Soviet Russia
Alexander Solzhenitsyn, God keep me from going mad*
1972; vol 1, 2: pp.149-151
An excerpt of a longer poem written by Solzhenitsyn while in a labour camp in North Kazakhstan. The camp later became the inspiration for Solzhenitsyn’s novel A Day in the Life of Ivan Denisovich.
Alexander Glezer, Soviet “unofficial” art*
1975; vol 4, 4: pp. 35-40
Glezer was responsible for organising the now famous unofficial art exhibitions in Moscow in 1974. The first exhibition, on 15 September, was ‘”bulldozed” by police and KGB agents, and a number of artists who tried to exhibit their work were arrested. Two weeks later, however, an open-air exhibition did take place, after the authorities gave permission, and some 10,000 people turned up to see paintings and sculptures by modern Soviet artists who did not enjoy official favour.
Michael Glenny, Orwell’s 1984 through Soviet eyes*
1984; vol 13, 4: pp. 15-17
This article examines Soviet interpretations of 1984, including the assertion that George Orwell was actually critiquing capitalism, not the USSR, with his novel.
Natalya Rubinstein, A people’s artist: Vladimir Vysotsky
1986; vol 15, 7: pp. 20-23
This is an article about the musician Vladimir Vysotsky, once called “the most idolised figure in the Soviet Union”. His songs were circulated on homemade tapes, though never officially recorded until after his death.
Irena Maryniak, The sad and unheroic story of the Soviet soldier’s life
1989; vol 18, 10: pp. 10-13
An Estonian reporter’s exposé prompts a call from the army. Madis Jurgen, who brought to light the dark side of the Soviet armed forces, left Tallinn on Friday 13 October, bound for New York and Toronto, from where he decided to await events.
Post-Soviet Russia
Svetlana Aleksiyevich, A Prayer for Chernobyl
1998; vol 27, 1: pp. 120-128
Early on 26 April 1986, a series of explosions destroyed the nuclear reactor and building of the fourth power generator unit of Chernobyl atomic power station. These extracts are not about the Chernobyl disaster but about a world of Chernobyl of which we know almost nothing. They are the unwritten history.
Viktor Shenderovich, Tales from Hoffman*
2008; vol 37, 1: pp. 49-57
As they say, still waters run deep. On 8 February 2000, an announcement was made in the St Petersburg Gazette by members of the St Petersburg State University Initiative Group. Shortly beforehand they had, in competition with others, nominated Putin as a presidential candidate and now wished to demonstrate their enthusiasm for their former pupil. What they published was a denunciation.
Fatima Tlisova, Nothing personal
2008; vol 37, 1: pp. 36-46
Fatima Tlisova was brutally beaten for her uncompromising journalism on the North Caucasus. Here, she recounts the tactics used to intimidate her.
Anna Politkovskaya, The cadet affair: the disappeared
2010; vol. 39, 4: pp. 209-210.
An article on the disappeared in Chechnya, who officially number about 1,000, but unofficially are almost 2,000. They disappeared throughout the war. The author, Anna Politkovskaya, was murdered in her Moscow apartment in a contract killing in 2006.
Nick Sturdee, Russia’s Robin Hood*
2011; vol 40, 3: pp. 89-102
Widespread frustration with the establishment has fostered a brand of political street art that is taking the country by storm.
Ali Kamalov, Murder in Dagestan
2012; vol 41, 2: 31-37
Ali Kamalov, the head of Dagestan’s journalists’ union fears for the future of press freedom following the murder of the country’s most prominent editor. On 15 December 2011, Hadjimurad Kamalov was murdered in Makhachkala, the seaboard capital of Dagestan.
Maxim Efimov, Religion and power in Russia
2012; vol 41, 4
Although the Russian constitution enshrines freedom of expression, the authorities routinely clamp down on anybody who treasures this fundamental right. State officials, judges, deputies, prosecutors and police officers serve the ruling regime and control society, rather than defend the constitution or protect human rights.
Elena Vlasenko, From perestroika to persecution
2013; vol 42, 2: pp. 74-76
Elena Vlasenko covers wavering hopes for an open Russia, and the evolution of repressive legislation, state censorship and journalists under threat.
Helen Womack, Making waves
2014; vol 43, 3: pp. 39-41
Helen Womack interviews the founder of the last free radio station in Putin’s Russia. These men are not dissidents, just journalists dedicated to professional principles of objectivity and balance. But in Putin’s Russia, where almost all the media spout state propaganda, that position looks like radical nonconformity, and it seems a wonder that Echo survives.
Andrei Aliaksandrau, Brave new war*
2014; vol 43, 4: 56-60
In the winter 2014 issue of Index on Censorship magazine, Andrei Aliaksandrau investigates the new information war between Russia and Ukraine as he travels across the latter country.
Andrei Aliaksandrau, We lost journalism in Russia
2015; vol 44, 3: pp. 32-35
Andrei Aliaksandrau examines the evolution of censorship in Russia, from Soviet institutions to today’s blend of influence and pressure, including the assassination of journalists.
Andrey Arkhangelsky, Murder in Moscow: Anna’s legacy*
2016; vol. 45, 3: pp. 69-74.
Andrey Arkhangelsky explores Russian journalism a decade on from Anna Politkovskaya’s murder and argues that the press still struggles to offer readers the full picture.
*Articles which are free to read on Sage. All other articles are available via Sage in most university libraries. To find out more about subscribing to the magazine in print or digitally, click here.
13 Jun 2017 | Azerbaijan, Azerbaijan Letters, Campaigns, Campaigns -- Featured, Statements
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Arif and Leyla Yunus (Photo: HRHN)
Dear Secretary General,
We, the undersigned organisations call on Interpol, and all other relevant bodies and authorities to act with due diligence in accordance with Interpol’s constitution to prevent the misuse of Interpol alerts against Leyla Yunus and Arif Yunus, two prominent human rights defenders from Azerbaijan. The couple currently resides in exile in the Netherlands, where they were granted refugee status in 2016. Detailed information about their human rights activism can be found below. Interpol’s constitution prohibits the misuse of its systems for political purposes and in ways that violate human rights.
Leyla and Arif Yunus were arrested on 30 July and on 5 August 2014 respectively. Azerbaijani authorities prosecuted both on politically motivated charges of large-scale fraud, while also charging Leyla with bogus forgery, tax evasion, and illegal entrepreneurship offences. In August 2015, a court sentenced Leyla Yunus to eight and half years imprisonment, and Arif Yunus to seven, having convicted them of tax evasion and other economic crimes. Authorities also filed treason charges against them both, but later suspended the investigation.
On 9 December 2015, Leyla Yunus was released from detention and her eight-and-a-half-year prison sentence was converted into five-year suspended sentence, following a decision by the Baku City Court of Appeal on the basis of a request from her lawyers with reference to her deteriorating health condition. Similarly, Arif Yunus’s prison term was changed to a five-year suspended sentence. He was placed under house arrest on 12 November 2015. In April 2016 the Azerbaijani government allowed the couple to travel abroad to receive needed medical treatment for conditions they had developed during their prison ordeal.
Due to the politically motivated nature of their prosecution, in spring 2016 the couple received political asylum in the Netherlands.
When Leyla and Arif left Azerbaijan, their cassation appeal was still pending before the Supreme Court. On 27 December 2016, the Supreme Court sent the case back for re-examination to the Baku Appeal Court. On 17 May 2017, at the hearing at the Baku Appeal Court, the Yunus’s lawyer asked the court to ensure the couple’s participation in the proceedings via internet. The court rejected the petition. The same day, the court ordered the couple to return to the country to participate in the subsequent court hearings in their case. The court hearing was rescheduled from 31 May to 3 July 2017.
The arrest of Leyla and Arif Yunus happened against the backdrop of a rapidly deteriorating human rights situation in Azerbaijan. Since 2014, several dozens of human rights defenders, lawyers and journalists and opposition politicians have been arrested and prosecuted on politically-motivated grounds. The arrests and other steps by the government of Azerbaijan have served to severely close the space for independent activism, critical journalism, and opposition political activity in the country.
Azerbaijan has been ranking as Not Free in the Freedom in the World rankings of the Freedom House for several years, scoring the lowest on the political rights and civil liberties. In the latest Freedom of the Press rankings, Azerbaijan scored the 162nd place out of 180 countries.
The United Nations Working Group on Arbitrary Detention recently concluded an official visit to Azerbaijan. In a statement issued at the end of its visit, the Working Group concluded that human rights defenders, journalists, and political and religious leaders continue to be detained on criminal or administrative charges in the country as a way to impair their exercise of basic human rights and fundamental freedoms and to silence them. The Working Group stressed that these practices constitute abuse of authority and violate the principle of the rule of law that Azerbaijan has undertaken to comply with. One of the cases highlighted by the Working Group is that of Leyla and Arif Yunus. In his recent report to the Human Rights Council, the United Nations Special Rapporteur on human rights defenders, Michel Forst also drew attention to the legal persecution of human rights defenders in Azerbaijan.
An official request has been made to Interpol on 12 June 2017 by the European Human Rights Advocacy Centre (EHRAC), which represents the couple, to inquire about the existence of any alerts made against Leyla and Arif Yunus by the Azerbaijani Government and to request Interpol to take all appropriate steps to prevent the dissemination of such an alert. Taking into consideration the very poor human rights record in Azerbaijan and the routine practice of politically-motivated prosecutions by the authorities, any attempt by the Azerbaijani authorities to use Interpol alerts against Leyla Yunusova and Arif Yunusov would violate the prohibition in Interpol’s constitution against the misuse of its systems for political purposes and in ways that violate human rights. Interpol should, therefore, refuse any request from the Azerbaijani authorities to use the Interpol Information System against Leyla Yunusova and Arif Yunusov, and we call on all relevant national bodies and authorities not to act on Interpol alerts against them, in case they are issued.
Short biographies:
Leyla Yunus is a long time human rights defender and activist since the late Soviet era. She is the director of the Institute for Peace and Democracy, a human rights organisation in Azerbaijan that focused on political prisoners, women’s rights and other issues. For almost 30 years Leyla Yunus and Arif Yunus have been involved in compiling comprehensive lists of political prisoners in Azerbaijan. Leyla Yunus is a Knight of the French Legion of Honor, winner of the International Theodor Hacker award, Laureate of the Polish Sergio Vieira de Mello Award and a finalist of the 2014 Sakharov Prize of the European Parliament.
Arif Yunus is a prominent Azerbaijani historian and human rights activist. He is the chairperson of the Conflict and Migration departments at the Institute for Peace and Democracy. Throughout his career, Arif has published over 30 books and several articles on the history of Azerbaijan and on Azerbaijani-Armenian relations. In his work, he has promoted dialogue between intellectuals from Azerbaijan and Armenia, and for many years has advocated for a peaceful resolution of the conflict in Nagorno-Karabakh. He has supported numerous victims of torture and spoken out repeatedly against politically motivated detentions.
The list of signatory organisations:
1. Amnesty International
2. Association UMDPL (Ukraine)
3. Bir Duino
4. Centre for the Development of Democracy and Human Rights
5. Committee Against Torture
6. Crude Accountability
7. Fair Trials
8. FIDH and OMCT under “Observatory for the protection of human rights defenders”
9. Freedom Files
10. Front Line Defenders
11. Helsinki Foundation for Human Rights
12. Human Rights House Foundation
13. Human Rights Watch
14. Index on Censorship
15. International Partnership for Human Rights
16. Institute for Reporters’ Freedom and Safety (IRFS)
17. Kazakhstan International Bureau for Human Rights and the Rule of Law
18. KRF Public Alternative
19. Legal Policy Research Centre
20. Public Verdict
21. Regional Center for Strategic Studies
22. The Barys Zvozskau Belarusian Human Rights House
23. The Georgian Centre for Psychosocial and Medical Rehabilitation of Torture Victims
24. The Netherlands Helsinki Committee
25. Women of the Don[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”12″ style=”load-more” items_per_page=”4″ element_width=”6″ grid_id=”vc_gid:1497944614160-ae286e6b-fd24-9″ taxonomies=”7145″][/vc_column][/vc_row][vc_row full_width=”stretch_row_content_no_spaces” content_placement=”middle”][vc_column][vc_single_image image=”91122″ img_size=”full” alignment=”center” onclick=”custom_link” link=”https://www.indexoncensorship.org/2017/05/stand-up-for-satire/”][/vc_column][/vc_row]
22 May 2017 | Azerbaijan, Azerbaijan Statements, Campaigns -- Featured, Digital Freedom, Europe and Central Asia, Statements
Ilgar Mammadov
Today three years have passed since the European Court of Human Rights (ECtHR) delivered its judgment on the case of political prisoner Ilgar Mammadov, concluding that the Azerbaijani authorities had detained him to punish him for his criticism of the government. In spite of this ruling, and repeated calls for his release by Council of Europe bodies in follow-up to the ruling, the Azerbaijani authorities have persistently refused to execute the decision of the Court and free Ilgar Mammadov. In view of this, we, members of the Civic Solidarity Platform and the Sports for Rights Coalition, call on the Committee of Ministers of the Council of Europe to refer the case back to the ECtHR on the grounds of non-execution of the judgment. This is crucial to ensure justice for this wrongly imprisoned government critic, who has already spent more than four years behind bars, as well as to safeguard the legitimacy of the Council of Europe as the guardian of human rights and the rule of law in the region.
Ilgar Mammadov, chair of the political opposition REAL party, was a well-known opponent of the regime when he was arbitrarily detained in February 2013. He attempted to stand in the 2013 presidential elections, gathering the required 40 000 signatures in support of his candidacy, which the Central Election Commission ruled as invalid.[i] He was also outspoken in his criticism of the policies of the authorities on his blog and in the media. Ilgar Mammadov was detained after monitoring and reporting on street protests in the town of Ismayilli in January 2013, which resulted in clashes with the police. He did not participate in these protests, but travelled to the region after they took place to observe developments and revealed the role of individuals with ties to the authorities in initiating the clashes. In spite of the lack of evidence llgar Mammadov was accused of instigating the Ismayilli clashes and on 17 March 2014, he was sentenced to seven years in prison on trumped-up charges of “organizing mass riots” and using “violence against police officers”. His sentence was upheld on appeal.
In a judgment issued on 22 May 2014, the ECtHR found that Ilgar Mammadov’s arrest and detention violated numerous provisions of the European Convention on Human Rights, including Articles 5.1, 5.4 and 6.2 on the right to liberty and security, the right to judicial review of one’s detention and the principle of presumption of innocence, as well as article 18 that limits the applicability of restrictions on rights. The Court concluded that Ilgar Mammadov had been detained without any evidence to reasonably suspect him of having committed a crime and that the actual purpose of his detention was to silence and punish him for criticizing the government and publishing information it was trying to hide.[ii]
In its follow-up to the ECtHR’s ruling, the Committee of Ministers of the Council of Europe — the body responsible for supervising the execution of ECtHR judgements — has repeatedly called on the Azerbaijani authorities to release Ilgar Mammadov. The Committee has examined this case as a matter of priority in its review of the execution of ECtHR judgments by Council of Europe member states and adopted a number of decisions and interim resolutions on it.[iii]
Other Council of Europe bodies, including the organization’s Secretary General, its Human Rights Commissioner and the President of its Parliamentary Assembly have also repeatedly called for Ilgar Mammadov to be released. However, the Azerbaijani authorities have flagrantly ignored these calls and refused to implement the ECtHR’s judgment and release Mammadov.
In view of the continued failure of the Azerbaijani authorities to implement the ECtHR’s decision on Ilgar Mammadov’s case, the Council of Europe’s Secretary General Thorbjørn Jagland launched an official inquiry into Azerbaijan’s implementation of the European Convention on Human Rights in December 2015.[iv]Under Article 52 of the Convention, the Secretary General may initiate an inquiry into how the domestic law of member states ensures the effective implementation of the Convention. This was the first time that Secretary General Jagland had taken such a measure and his initiative was welcome and important.
However, in November 2016, Azerbaijan’s Supreme Court nevertheless rejected an appeal submitted by Ilgar Mammadov on the basis of the ECtHR ruling and upheld his seven-year prison sentence. Thus, Ilgar Mammadov remains behind bars for no other reason than speaking out critically about those in power. This continued defiance by the Azerbaijani authorities leads us to conclude that further action is urgently required.
Therefore, we call on the Committee of Ministers to refer the case back to the ECtHR under Article 46.1 of the European Convention on Human Rights, which obliges the parties to the Convention to abide by the final judgment of the Court in any case to which they are parties. The Convention authorizes the Committee to take action to this end. Article 46.4 states: “If the Committee of Ministers considers that a High Contracting Party refuses to abide by a final judgment in a case to which it is a party, it may, after serving formal notice on that Party and by decision adopted by a majority vote of two-thirds of the representatives entitled to sit on the committee, refer to the Court the question whether that Party has failed to fulfil its obligation under paragraph 1.”
Ilgar Mammadov v. Azerbaijan has become a test case of the legitimacy of the Council of Europe. When commenting on the Supreme Court’s failure to uphold Azerbaijan’s obligation to execute the ECtHR judgment last year, Secretary General Jagland stated: “Azerbaijan’s flagrant disrespect of the European Convention on Human Rights undermines the entire scope of our cooperation” [and] “affects the 46 Member States of the Council of Europe who have a collective responsibility for the implementation of the Convention”.[v]
By resorting to the ultimate mechanism for addressing non-compliance of judgments set out by the European Convention on Human Rights, the Committee of Ministers can take resolute action to safeguard the Council of Europe’s integrity and ensure that the Azerbaijani authorities finally abide by their obligations under the Convention, implement the ECtHR ruling and free Ilgar Mammadov.
Signed by the following members of the Civic Solidarity Platform and the Sport for Rights Coalition:
1. Association of Ukrainian Human Rights Monitors on Law Enforcement (UMDPL, Ukraine)
2. Barys Zvozskau Belarusian Human Rights House
3. Bir Duino-Kyrgyzstan
4. Bulgarian Helsinki Committee
5. Center for Civil Liberties (Ukraine)
6. Center for Participation and Development (Georgia)
7. Center for Regional Strategic Studies (Azerbaijan)
8. Center for the Development of Democracy and Human Rights (Russia)
9. Civil Rights Defenders (Sweden)
10. Committee Against Torture (Russia)
11. Crude Accountability (USA)
12. Fair Trials (UK)
13. International Federation for Human Rights (FIDH, France)
14. Freedom Files (Poland)
15. Freedom House (USA)
16. Freedom Now (USA)
17. Helsinki Foundation for Human Rights (Poland)
18. Human Rights Center of Azerbaijan
19. Human Rights Club (Azerbaijan)
20. Human Rights Monitoring Institute (Lithuania)
21. Humanrights.ch (Switzerland)
22. IDP Women Association “Consent” (Georgia)
23. Index on Censorship (UK)
24. Institute for Reporters Freedom and Safety (Azerbaijan)
25. Institute Respublica (Ukraine)
26. International Partnership for Human Rights (IPHR, Belgium)
27. Kazakhstan International Bureau for Human Rights and the Rule of Law
28. Kosova Rehabilitation Centre for Torture Victims
29. Libereco – Partnership for Human Rights (Germany)
30. Moscow Helsinki Group (Russia)
31. Netherlands Helsinki Committee
32. Norwegian Helsinki Committee
33. Notabene (Tajikistan)
34. PEN America (USA)
35. PEN International
36. Promo LEX Association (Moldova)
37. Public Alternative (Ukraine)
38. Public Association “Dignity” (Kazakhstan)
39. Public Verdict Foundation (Russia)
40. Swedish OSCE Network: signed in personal capacity by Olof Kleberg and Anki Wetterhall
41. Truth Hounds (Ukraine)
42. Ukrainian Helsinki Human Rights Union
43. Women of the Don (Russia)
44. World Organisation Against Torture (OMCT) (Switzerland)
[i] In several rulings against Azerbaijan, the ECtHR has found that the practices of the Central Election Commission with respect to the validation of signatures violate Article 3 of Protocol No. 1 to the European Convention on Human Rights, which protects the right to free elections.
[ii] The judgment is available at: http://hudoc.echr.coe.int/eng?i=001-144124
[iii] The most recent decision on this case adopted by the Committee of Ministers is available at: https://rm.coe.int/16806c4554
[iv] See press release at: http://bit.ly/2q8CRNI
[v] His statement is available at: https://www.coe.int/en/web/portal/-/azerbaijan-statement-by-secretary-general-jagland-on-the-decision-of-the-supreme-court-today-rejecting-the-appeal-by-ilgar-mammadov
