Decision of Azerbaijani SC on journalist Fatullaev will be re-appealed to the ECtHR

The defence of journalist Einullah Fatullaev and some public figures of Azerbaijan believe that the decision of the Plenum of the Supreme Court (SC) of Azerbaijan on enforcement of the verdict of the European Court of Human Rights (ECtHR) on the case of the journalist was illegitimate.

Elchin Sadygov, the journalist's advocate, said in his interview to the "Caucasian Knot" correspondent: "The background of this decision is to somehow justify the journalist's custody for 3.5 years, after his charges under three articles have been lifted. On the other hand, it was done in order to prevent automatic inclusion into the term of already served punishment the new sentence passed to Fatullaev - 2.5 years of imprisonment on charges of illegal drug possession, once it enters into force."

"When in 2007 the court passed its sentence on tax evasion and deprivation of liberty for the period of 2 months, the prosecutor's office did not object to it. Subsequently, the office did not file any protests to the appeal and cassation. Now, the Plenum of the Supreme Court has heard the case in fact on the basis of Fatullaev's complaint, which was satisfied by the European Court. The law is not retroactive, and the Supreme Court had no right to make decisions that worsen the legal status of a citizen," said Sadygov.

According to his story, another complaint will be filed to the ECtHR - against the decision of the Plenum; and now it will be considered promptly, in the priority order. Mr Sadygov did not rule out that the Committee of Ministers of the Council of Europe may impose sanctions on Azerbaijan for non-enforcing the decision of the ECtHR on immediate release of Fatullaev.

The Plenum of the Supreme Court of Azerbaijan had no other way, but to undo its own decision in the case of journalist Fatullaev. The decision of the ECtHR was final, and the Plenum was obliged to enforce it. This is the opinion of attorney Fuad Agaev, a prominent Azeri lawyer.

At the same time, he regarded the toughening of the journalist's punishment on charges of tax evasion as a "serious violation of the law." In view of recognition of the criminal cases and convictions against Fatullaev null and void, the respective officials in investigatory agencies and the judges who had dealt with the journalist's case should be punished, Mr Agaev believes.

Rashid Gadjily, Director of the Institute of Media Rights (IMR), said: "This decision of the Supreme Court is backed by the desire of the authorities in whatever way to leave journalist Fatullaev behind bars. This decision not only harms the image of the system of justice in Azerbaijan, but is also a blow on the freedom of expression in Azerbaijan.

Another well-known journalistic organization in Azerbaijan - the Institute for Reporters' Freedom and Safety (IRFS) - has treated the decision of the Plenum of the Supreme Court of Azerbaijan on Fatullaev's case as a "slap on the face of the European system of justice."

So far, state bodies of Azerbaijan refrain from comments.

The press service of the Supreme Court said that "there is the decision of the Plenum; and they have nothing to add."

Bakhtiyar Sadygov, a local MP, a Board member of the Council of Press of Azerbaijan and editor-in-chief of the state-owned newspaper "Azerbaijan", has noted that the decision of the Plenum of the Supreme Court was "legal, not political." He noted with satisfaction that the decision of the ECtHR was enforced "not immediately, but step by step, in accordance with the procedures of the Azerbaijani legislation."