Azerbaijani government to pay compensation to oppositionist for violation of rights
Azerbaijani government to pay oppositionist compensation
A member of the opposition Musavat party, Yadigar Sadigly, has gotten justice in the ECtHR. The European Court recognized the violation of his rights by the judicial authorities of Azerbaijan. Now the government must pay 3,500 euros in compensation. Sadigly himself considers the amount unsatisfactory.
The ECtHR also ruled on three other applications from Azerbaijan. In total, the government will pay the complainants 12,000 euros.
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On September 1, 2022, the European Court of Human Rights (ECtHR) ruled on four applications received from Azerbaijani citizens. The court recognized the violation of rights of the complainants in three of these cases, and in one case it considered the application inadmissible, reports the Bulletin of the European Court.
Yadigar Sadigly vs Azerbaijan
The European Court recognized that the Azerbaijani judicial authorities had violated the plaintiff’s rights in this case. The latter challenged the decision to deprive him of his liberty pending trial. According to the verdict of the ECHR, the national courts violated Article 5.3 of the European Convention in relation to Yadigar Sadigly. He was awarded 3,500 euros in compensation.
According to the case file, while being an advisor to the chairman of the Musavat opposition party, in June 2013 Sadigly was subjected to a provocation in the city of Lankaran. When the plaintiff was drinking tea with his friends, an unknown person approached him and started insulting him.
Realizing that this was a provocation, Sadigly left the teahouse. The next day, pro-government media outlets, including the state news agency AzərTAc, published a news item titled “Advisor to Chairman of Musavat Party Beats War Veteran R.S.”
After the publication, Sadigly realized that he was being set up and that a criminal case could be initiated. A day later, police officers came to his house and brought him to the police department. Arrested as a suspected oppositionist, two days later he was sentenced to two months in prison while an investigation was carried out.
Sadigly appealed to the highest courts with the aim of changing the pre-trial preventatiive measure to house arrest, but his appeals were rejected.
Subsequently, his period of pre-trial incarceration was increased several times, and all petitions for release were rejected.
Commenting on the decision of the ECtHR to award compensation in the amount of 3,500 euros, Yadigar Sadigly wrote on his Facebook page:
“The amount of compensation in my case amounted to only 3,500 euros, of which 500 euros goes to the lawyer. Meanwhile, the same amount was awarded to a woman who was held at the police station for only a few hours. And then evil tongues say the USA and Europe support us.”
Khatira Guliyeva vs Azerbaijan
This case was over the plaintiff allegedly disobeying police orders. The plaintiff claimed that her rights to liberty and security and right to a fair trial had been violated.
The European Court found her arguments justified and recognized a violation of the requirements of Article 5.1 of the European Convention against her person. The European Court did not consider it necessary to investigate a potential violation of the right to a fair trial. The Azerbaijani government will pay compensation to Guliyeva in the amount of 3,500 euros.
Rafig Safarov vs. Azerbaijan
In this case, the ECtHR decided that the plaintiff’s property rights had been violated. The Azerbaijani government is obliged to pay compensation in the amount of 5,000 euros.
According to the materials of the case, in 2009, Rafik Safarov published a book on the history of Azerbaijan. This book was then copied and reprinted without consent of the author and without payment of royalties from the sale.
Safarov’s appeals to local courts regarding the violation of his copyright and property rights were rejected.
According to the verdict of the ECHR, Safarov’s property and fair trial rights have been violated.
Azerbaijani government to pay oppositionist compensation
