Welcome acquittals in Azerbaijan – but huge problems remain

On 23 April 2020, Azerbaijan’s Supreme Court granted full acquittal to the politician Ilgar Mammadov and the human rights defender Rasul Jafarov.

Ilgar Mammadov is the Chairman of Azerbaijan’s opposition Republican Alternative Party. After writing a blog post critical of the government in 2013, he was arrested and charged with a series of crimes. In 2014, the ECtHR held that his arrest and detention had been unjustified, and that had been aimed to silence or punish him for criticising the Government. He spent many years in prison, and his continuing conviction barred him from standing for political office.

Rasul Jafarov served a 20-month prison sentence after being convicted in 2015. In 2016, the ECtHR found that his arrest and detention had no legal basis and was aimed solely at punishing his human rights work. Mr Jafarov’s continued conviction had barred him from practicing as a lawyer, or standing for election.

“Thanks to our combined efforts last week we made a huge victory - my and Rasul’s full acquittal. I think this is a historic achievement for the Convention system and I thank and congratulate you as you have an important share in that success!”

It has taken many years for these judgments to be implemented. Nevertheless, they are a very welcome step. EIN has carried out a series of activities to support their implementation, including hosting briefings on both cases to the Committee of Ministers, advising Mr Mammadov on engaging in the implementation process and carrying out specific briefing for his case to diplomats in Strasbourg; as well as conducting extensive advocacy at the Council of Europe and European Union.

The work continues

Despite the steps forward in these two cases, we do not forget that the general situation for civil society in Azerbaijan is very poor. It is extremely difficult or impossible for civil society organisations to operate in the country, whilst individuals are routinely targeted by the authorities in order to silence them.  

EIN will continue to push for the implementation of ECHR judgments, in order to play its role in supporting civil society in Azerbaijan. This includes pushing for the acquittal, just satisfaction and other individual measures in other Article 18 cases of political persecution, including those of journalist Khadija Ismayilova, elections monitor Anar Mammaldi, human rights defender Intigam Aliyev, and activists from the N!DA group.

EIN is also working with Human Rights House, the European Human Rights Advocacy Centre and Amnesty International, to campaign for an end to politically-motivated prosecutions in Azerbaijan and the creation of an adequate legal environment for civil society organisations to exist and work. These steps are necessary to implement the Mammadov Group of judgments, currently under enhanced supervision at the Committee of Ministers.