ECtHR satisfies one of complaints of Azerbaijani businessman Aliev

Today, the European Court of Human Rights (ECtHR) has announced its decision on consideration of the complaint lodged by Rafig Aliev, a well-known Azerbaijani businessman and former head of the "Azpetrol" Oil Company, who is serving his prison term.

Mr Aliev was arrested in October 2005 together with his brother, the then Minister for Economic Development Farkhad Aliev, and a group of other persons on the charge of a putsch attempt. Later, this charge was isolated into a separate proceeding, and those arrested were convicted for economic crimes. Rafig Aliev was sentenced to nine years in prison.

The ECtHR in Strasbourg has recognized a violation of Rafig Aliev's rights, guaranteed by Article 5 (right to freedom and personal immunity) of the European Convention on Human Rights (ECHR). In particular, the Court found a violation of Mr Aliev's rights in his arrest at the Baku airport, as well as in the unjustified extension of his pre-trial custody by further 2.5 months, the official website of the ECtHR reports.

According to the decision of the ECtHR, the consideration of Rafig's appeals against these decisions was unfair. The Strasbourg Court has obliged the ordered the government of Azerbaijan to pay out compensation to Rafig Aliev for the moral harm caused to him in the amount of 7000 euros; and 25,000 euros for judicial expenses.

However, the report of the ECtHR notes that the decision was not final and may be appealed against within three months to the Grand Chamber of the ECtHR.

Fuad Agaev, one of Rafig Aliev's lawyers, expressed his satisfaction with the decision of the ECtHR. He is convinced that in the near future the Strasbourg Court will and satisfy Rafig's complaint on the "main case" - the ECtHR is still to consider Rafig Aliev's complaint on the merits of his criminal case - on charges of economic crimes.

The lawyer is sure that Rafig Aliev was arrested on trumped-up charges for political reasons only because he is a brother of Farkhad Aliev, the disgraced ex-Minister for Economic Development.

So far, state structures of Azerbaijan have given no comment on the ECtHR's decision on the Aliev's case, since the official text of the decision of the Strasbourg Court has not yet arrived in the government.