MINISTERS’ DEPUTIES

Decisions

CM/Del/Dec(2024)1514/H46-7

5 December 2024

1514th meeting, 3-5 December 2024 (DH)   H46-7 Mammadli group v. Azerbaijan (Application No. 47145/14) Supervision of the execution of the European Court’s judgments   Reference documents CM/Notes/1514/H46-7

 

Decisions

The Deputies

1.         recalled that, in respect of each applicant in this group of cases, the European Court found a violation of Article 18, taken in conjunction with Article 5 of the Convention, revealing a troubling pattern of arbitrary arrests and detention of government critics, civil society activists and human-rights defenders through retaliatory prosecutions and misuse of criminal law in defiance of the rule of law;

As regards individual measures

2.         reiterated that ensuring restitutio in integrum in these cases requires the prompt quashing of the remaining seven applicants’ convictions, their erasure from their criminal records and the elimination of all other negative consequences of the criminal charges brought against them, ensuring full restoration of their civil and political rights;

3.         deeply deplored that, despite previous assurances, no progress was reported and the remaining applicants’ convictions still stand; recalling that implementation of the Court’s judgments is a shared responsibility of all authorities, including the judiciary, called on the authorities to urgently intensify their efforts to remedy the applicants’ situation in line with the above requirements; pending the quashing of the impugned decisions, invited the authorities to ensure that the convictions of the applicants, which were found by the European Court to be devoid of any substance, do not have any bearing on any new criminal proceedings initiated against them;

4.         reiterated their encouragement to the authorities to continue and strengthen their dialogue with the Secretariat to achieve the completion of the last remaining individual measures in the execution of this group of cases;

As regards general measures

5.         recalled once again that the quashing of the convictions of the remaining applicants in the present group by the Supreme Court remains the key general measure, closely connected to the individual measures required in the present group of cases, aimed at preventing impunity and ensuring consistency of judicial practice against retaliatory and abusive detentions and prosecutions;

6.         reiterated their concern in the face of the excessive and unexplained delay in the reopening proceedings before the Supreme Court, as well as the need to ensure an effective re-examination procedure by the domestic courts to give full effect to the judgments of the Court; encouraged the authorities to make full use of the technical support and expertise available through the Council of Europe and its co-operation activities;

7.         invited the authorities to provide information on the outcome of the draft legislation, which aims to strengthen the powers of the Judicial Legal Council.