Azerbaijan fined €14,700 in three cases by the European Court
ECtHR: Azerbaijan fined
On May 16, the European Court of Human Rights (ECtHR) announced three new rulings and decisions regarding Azerbaijan. The Azerbaijani government is required to pay fines totaling €14,700 according to these three rulings.
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Case of ‘Azadlig Newspaper’ and Ganimat Zahidov v. Azerbaijan
In the case of “Azadlig Newspaper” and Ganimat Zahidov v. Azerbaijan, the complaint concerned a court decision against the opposition publication for publishing an article titled “The secret of cheap meat in the Ministry of Defense.”
The article was published in the “Azadlig Newspaper” on February 14, 2007.
The publication claimed that the Ministry of Defense was purchasing meat from the Chernobyl Exclusion Zone in Ukraine at prices below market rates. The Ministry of Defense sued the newspaper for 20,000 manats [approximately $11,700]. The court also ordered the editorial staff to refute the information and issue an apology.
This was the 12th court decision against the “Azadlig Newspaper,” which resulted in the editorial staff being forced to suspend operations and transition exclusively to an online format. Due to debts, the newspaper was unable to pay rent and lost its office space. Currently, the editorial staff of the “Azadlig Newspaper,” which was one of the most widespread and authoritative publications from the early 1990s to the early 2000s, consists of a couple of journalists who mainly work on voluntary basis.
The chief editor of the publication, Ganimat Zahid, was arrested in November 2007 on charges of hooliganism. After serving two years and four months in prison, he was pardoned by the president.
Subsequently, he left the country and currently resides in France. He is the author of the television program “Azerbaijan Hour” (“Azərbaycan saatı”), which is broadcasted on Turan TV satellite television, the founder of which is also Ganimat Zahid.
The ECtHR, in its ruling, pointed out that national judicial authorities, in making their decisions, failed to substantiate them and did not clarify the proportionality of the imposed penalty. The ECtHR recognized a violation of the applicants’ freedom of expression.
However, the monetary compensation was not paid because the applicants did not provide evidence of paying the fine. Nevertheless, the court ordered to pay the applicants €1000 for reimbursement of legal expenses.
Ali Huseynov v. Azerbaijan
In the case of “Ali Huseynov v. Azerbaijan,” the applicant was a defendant in the “Nardaran case,” who complained about torture by the police following his arrest during a police operation in Nardaran.
ECtHR: Azerbaijan fined
As a result of the clash between residents of the Nardaran settlement on the periphery of Baku and the police, which occurred on November 26, 2015, seven people (including two police officers and five local residents) died, four people were injured, and 14 people were arrested.
Ali Huseynov, one of the arrested individuals, was sentenced to 12 years and three months of imprisonment. He was pardoned by the president and released after three and a half years in 2019.
Huseynov claimed that he was subjected to severe torture at the police department.
The parties reached a settlement agreement. The government agreed to pay Ali Guseynov €6,500 for moral damages and €1,500 as compensation for legal expenses.
Orkhan Eyubzade v. Azerbaijan
In the case of “Orkhan Eyubzade v. Azerbaijan,” the applicant complained that in 2013-2014, while being a member of the youth movement Nida, he was subjected to criminal prosecution on charges of illegal drug trafficking, resisting police, and other offenses.
In March 2013, eight members of the youth movement Nida were arrested on charges of organizing mass acts of disobedience and were sentenced to imprisonment ranging from six to eight years.
In May 2014, a protest was held in support of the arrested members of the movement. Orkhan Eyubzade was arrested for 20 days during this protest. He was later charged with assaulting police officers and illegal drug trafficking.
Eyubzade was sentenced to two years of imprisonment. In March 2015, he was pardoned by the president and released.
In this case as well, the parties reached a settlement agreement. The government undertook to pay the applicant €4,700 for moral damages and €1,000 for reimbursement of legal expenses.
ECtHR: Azerbaijan fined
