ECtHR demands that Azerbaijani authorities release journalist Fatullaev

On April 21, the European Court of Human Rights (ECtHR) announced its decision on the complaint of Einullah Fatullaev, editor-in-chief of the "Real Azerbaijan" newspaper, convicted in Azerbaijan, and found illegitimate all the verdicts of the Azerbaijani courts, which had imprisoned the journalist. The Azerbaijani authorities plan to challenge the decision at the High Board of the Strasbourg Court.

"The Court has ruled to immediately release Fatullaev and obliged the Azerbaijani government to pay out 25,000 euros of compensation to him," Isakhan Ashurov, journalist's advocate, said in his comments on the decision of the Strasbourg Court to the "Caucasian Knot" correspondent.

According to lawyer Ashurov, the ECtHR found violations, in relation to Fatullaev, by Azerbaijani courts of Articles 10 and 6 of the European Convention on Human Rights (ECHR) - dealing with the right to fair trial and the freedom of self-expression. The lawyer plans to address the Supreme Court with an offer to hurry up with enforcing the ECtHR's decision and releasing Fatullaev.

"The inquiry into Fatullaev's case was conducted with rough remedial violations; and the courts in charge had ignored his numerous complaints and broke laws by themselves. The Strasbourg Court has given its legal estimate of these facts and recognized violations of journalist's rights," said Ashurov.

Elchin Sadygov, another journalist's advocate, said that should the Azerbaijani government fails to submit its appeal to High Board of the ECtHR, then, the Plenum of the Supreme Court of Azerbaijan shall consider the decision of the Strasbourg Court and transfer it to the Baku Appeal Court for execution.

According to Mr Sadygov, should by that time a verdict is passed on the new charge against Fatullaev of illegal drug storage, then, the Baku Appeal Court should combine both cases into one litigation and consider them together.

In his turn, Chingiz Askerov, Plenipotentiary of the Azerbaijani Republic at the ECtHR, believes that the Strasbourg Court "has exceeded its powers," having made a decision "to immediately release" Fatullaev.

"The situation when the European Court gives particular commands to courts of this or that country to pass this or that decision is groundless and unacceptable," the "Trend" Agency quotes Mr Askerov as saying.