European Court of Human Rights Announces 4 Decisions on Azerbaijan
On February 23, the European Court of Human Rights (ECtHR) announced its final decisions and rulings on the applications sent from Azerbaijan. In the report, four more decisions related to Azerbaijan were announced, and the alleged violations were recognized.
Political activist Ilkin Rustamzada was one of the founders of the "Azad Ganjlik" organization established in 2011. The complaint is related to the applicant's arrest in May 2013, when he was a student at the University of Economics and a member of a civil society organization. Following those events, Rustamzada was found guilty of hooliganism and preparation for a crime, organizing mass riots, and membership in a group that illegally acquired and transported weapons, possessed explosives and devices, and was sentenced to 8 years in prison. Based on Articles 6 (right to a fair trial), 7 (inadmissibility of extrajudicial punishment), 10 (freedom of expression), and 18 (restriction of the exercise of rights) of the Convention, the applicant has not committed any criminal activity before the ECHR, and his conviction claimed that his rights were violated. The ECtHR ruled in this case that the applicant's rights to a fair trial and freedom of expression guaranteed by Articles 6 and 10 were violated. According to the decision, the government should pay Rustamzada 12,000 euros for moral damages and 2,500 euros for costs and expenses.
Emin Bashirli and others founded the Youth HIV/AIDS and Drug Addiction Center and other public associations. Unions were founded in 2012. However, the Ministry of Justice returned the registration documents of the mentioned PU four times. Registration of other organizations was also refused. The applicants claimed before the ECtHR a violation of their right to association (Article 11 of the Convention) and to a fair trial (Article 6 of the Convention). In this case, the ECtHR found a violation of the applicants' right to association. According to the decision, the government should pay 2,700 euros to the first applicants (Emin Bashirli and Vusal Yolchuyev) and 1,600 euros to the second applicants (Mehriban Ahmadova and Jeyhun Aliyev). All applicants are also ordered to pay EUR 1,000 in costs and expenses under the judgment.
The complaint of Gubad Bayramov and Rajab Imanov was related to the non-registration of the "Center for Public Initiatives." The Ministry of Justice twice returned the registration documents of the center, which was established in 2012, and the courts did not uphold complaints against the Ministry's actions. The applicants claimed before the ECtHR that their right to association (Article 11 of the Convention) and a fair trial (Article 6 of the Convention) had been violated. The court ruled that the applicants' right to freedom of association was violated in this case. According to the decision, the government should pay the applicants 4,500 euros in moral damages and 500 euros in costs and expenses.
The complaint of Yashar Agazada and others was related to the non-registration of non-governmental organizations. One of the applicants, Aghazada, was one of the founders of the "Help for Prison Reforms" organization. The Ministry of Justice did not register the organization created in 2011, and local courts considered the Ministry's actions legal. The applicants claimed before the ECtHR a violation of their right to association (Article 11 of the Convention) and to a fair trial (Article 6 of the Convention). The court ruled that the applicants' right to freedom of association was violated in this case. According to the decision, the government should pay 4 thousand 500 compensation to the first applicants (Rovshan Kabirli and Yashar Agazada) and 2 thousand to the second applicants (Fagan Asadov and Yashar Agazada). The applicants must also be paid EUR 1,000 in costs and expenses.