Human rights defenders point to problems with execution of ECtHR judgments in Azerbaijan

In 2021, the number of decisions pronounced by the European Court of Human Rights (ECtHR) on Azerbaijan has risen sharply, indicating an increase in the number of complaints coming from the country, Khalid Agaliev, the head of the Media Rights Group, reports. The judgments of the European Court are not fully executed, notes Elshan Gasanov, the head of the Centre for Monitoring Political Prisoners.

In 2021, the Strasbourg Court received 425 complaints from Azerbaijan. At present, 2092 complaints from Azerbaijan are awaiting a decision of the ECtHR. According to the Council of Europe, in 2021, the ECtHR pronounced 36 decisions on Azerbaijan, and in 35 cases, the Strasbourg Court found violations of the complainants’ rights.

According to Khalid Agaliev, in 2021, there was a sharp increase in the decisions pronounced by the ECtHR on Azerbaijan.

“Azerbaijan leads in the Council of Europe in the number of violations of electoral rights,” Khalid Agaliev noted.

The judgments of the ECtHR are not fully executed, says Elshan Gasanov, the head of the Centre for Monitoring Political Prisoners. “In general, a complainant is paid compensation. However, no measures to eliminate the causes of the violation of rights are usually taken,” said Elshan Gasanov.

To a greater extent, non-execution of the ECtHR judgments relate to cases with political overtones. “There are serious problems with the payment of compensation in the cases of former political prisoners Giyas Ibragimov, Seimur Khezi, and Tofig Yagublu,” Elshan Gasanov noted.

According to legal expert Yalchin Imanov, Azerbaijani courts do not use precedent decisions of the ECtHR. “For example, despite the direct instructions in the decisions of the ECtHR, the Azerbaijani authorities continue to put people in prison for defamation. The recent case was the arrest of Ali Aliev, the leader of the ‘Citizens and Development’ Party,” Yalchin Imanov stated.