Azerbaijan loses three more cases against its own citizens
Azerbaijan again loses in the ECHR
Azerbaijan has again lost four cases in the European Court of Human Rights, three of which were initiated by citizens of the country, and one by an international organization. The court ordered the Azerbaijani government to pay compensation in all cases considered.
- “Refusal of treatment for Saakashvili could amount to torture” – Amnesty International and HRW
- First official contact between Baku & Khankendi – “The start of the process is encouraging”
- The main topics of the day in Armenia, Azerbaijan, Georgia
Eyubzade v. Azerbaijan
This case was connected with the detention of Orkhan Eyubzade, an Azerbaijani citizen. The plaintiff, a political activist, was sentenced to administrative arrest for participating in protests against the Azerbaijani authorities in 2013-2014. In 2014, upon completion of the term of administrative arrest, he was arrested on charges of “resisting a representative of the authorities or using violence.” He was found guilty on this charge and imprisoned for two years. In 2015 the applicant was released on a presidential pardon.
The plaintiff alleged a violation of Articles 5 (right to liberty and security) and 18 (limits to the use of / restrictions of rights), claiming that the arrest was based on falsehoods.
The court decided that Article 5.1 of the European Convention (the right to liberty and security) had been violated in this case. According to the verdict of the ECHR, the Azerbaijani government is obliged to pay the plaintiff 7,500 euros for the moral damage and 1,700 euros for legal expenses.
Afgan Mukhtarli and Gulag Aslanli v. Azerbaijan
Here the plaintiffs alleged that they were detained on charges of hooliganism before the start of the protest and sentenced to an administrative fine.
After being detained and held at the police station, they were brought to court, where journalist Afgan Mukhtarli was fined 50 manats (about $64). The second applicant, who was a member of the opposition Musavat Party, was fined 20 manats (about $26).
The plaintiffs based their complaint on the requirements of articles 5 and 6 of the European Convention, and believed that their detention, detention in the police were the result of lawlessness, and the court’s decision was defined as the injustice of the judicial system. The second plaintiff also complained about the violation of the right to freedom of assembly.
The ECHR maintained that the applicants’ right to liberty and security, and the right to a fair trial, had been violated. The court decision also found that Gyulagi Aslanli’s right to free expression had been violated.
The European Court sentenced the Azerbaijani government to a fine of 6,000 euros (each claimant will receive compensation in the amount of 3,000 euros). The plaintiffs will also receive 1,000 euros for legal expenses.
IREX vs. Azerbaijan
The claimant in this case was the Azerbaijani representative office of the Council for International Scientific Research and Exchanges (IREX).
The applicant alleged that the authorities carried out searches in his office and seized all documents and computers. As part of the criminal case against several local NGOs and international organizations, the plaintiff’s bank account was also frozen. IREX complained about the violation of three articles (6, 8 and 18) of the European Convention, as well as Article 1 of Protocol No. 1.
The court in its verdict indicated that the authorities had violated the right to property and the right to respect for private life. The Azerbaijani government will pay compensation to the international organization for moral damage in the amount of 5,900 euros.
Huseynov et al. v. Azerbaijan
Six applicants in this case complained of a violation of their rights to freedom of assembly and a fair trial. The parties reached an agreement.
By court decision, the Azerbaijani government will pay compensation for non-pecuniary damage to the applicants Agababe Jafarov, Sakhavat Nasibov, Ruslan Amirov and Rafael Huseynzade – 2,300 euros each (another 2,200 euros for legal expenses for all), Fizuli Huseynov – 2,250 euros (another 600 euros for expenses), Shahin Maharramli – 2150 euros (another 700 euros for expenses).
