Azerbaijani SC fulfils ECtHR's decision but leaves Fatullaev in custody

Today, the Plenum of the Supreme Court (SC) of Azerbaijan has considered, at its extraordinary sitting, the issue of implementation of the decisions of the European Court of Human Rights (ECtHR) in relation to imprisoned journalist Einullah Fatullaev.

The Plenum has upheld the decisions of the Strasbourg Court on violations of Fatullaev's rights, when he was sentenced on two cases in 2007 - on charges of slander, threats of terror and kindling interethnic hatred. On these charges Fatullaev was sentenced to 8.5 years in prison.

The SC of Azerbaijan decided to stop these criminal cases, except for the part concerning tax evasion in the second case. Moreover, the Plenum has increased, upon presentation of Namik Aliev, Deputy General Public Prosecutor, Fatullaev's term on this charge by 1 month - up to 2 years and 3 months. However, this sentence was accounted as part of his already served term.

The Plenum decided to release Fatullaev from prison for his cases of 2007.

At the hearing, Elchin Sadygov, Fatullaev's advocate has petitioned about cancellation of his client's arrest on charges of drug possession and termination of criminal proceedings against the journalist.

However, the Plenum has rejected the petition saying that this case is not the subject of hearings at the SC Plenum. Thus, the journalist was not released in connection with his new verdict of July 6, which sentenced him to 2.5 years of imprisonment on charges of drug possession.

The advocate Sadygov has treated the decision of the Plenum as "half-faced" and contrary to the spirit of the verdicts of the ECtHR, which had ruled to immediately release the journalist.