CoE votes to send Ilgar Mammadov's case back to the ECtHR

 

On Tuesday 5 December 2017, the Committee of Ministers of the Council of Europe voted in favour of launching infringement proceedings against Azerbaijan in the case of Ilgar Mammadov, Director of the Baku School of Political Studies. This means that the case will be sent back to the European Court of Human Rights, who will decide whether Azerbaijan has failed to fulfil its obligation to abide by the Court’s judgment.

In its judgment of May 2014, the Court found violations of Articles 5, 6 and 18 of the European Convention on Human Rights. The Court concluded that no facts or information had been produced in the domestic criminal proceedings giving rise to a suspicion justifying the bringing of charges against Mr Mammadov, or his arrest and pre-trial detention. The Court found that the actual purpose of these measures was to silence or punish him for criticising the government.

This is the first time that the Committee of Ministers has triggered infringement proceedings, which are foreseen in Article 46 § 4 of the Convention. For more details, click here.

The ASPS welcomes this move by the Committee of Ministers and hopes it will result in the release of Ilgar Mammadov from prison as soon as possible.