MINISTERS’ DEPUTIES

Decisions

CM/Del/Dec(2024)1514/H46-8

5 December 2024

1514th meeting, 3-5 December 2024 (DH)

 

H46-8 Namat Aliyev group v. Azerbaijan (Application No. 18705/06)

Supervision of the execution of the European Court’s judgments

 

Reference documents

CM/Notes/1514/H46-8

 

Decisions

The Deputies

1.         recalled that these cases concern violations of the right to free elections owing to the failure to provide an effective procedure for the examination of the applicants’ complaints concerning alleged serious breaches of electoral law during the parliamentary elections of 2005 and 2010;

2.         stressed again the fundamental importance of the rights enshrined in Article 3 of Protocol No. 1 to the Convention, which are crucial to establishing and maintaining an effective and meaningful democracy governed by the rule of law;

As regards individual measures

3.         noting that just satisfaction has been paid in the vast majority of cases, invited the authorities to complete outstanding payments in two of the remaining cases;

4.         noted that the individual measures to enable the applicants effectively exercise their rights to stand in free elections, are closely linked to the general measures;

As regards the general measures

5.         noting with interest the practice adopted in relation to the parliamentary elections of 2024, when the Constitutional Court waited until all related proceedings were concluded before approving the results of the elections, encouraged the authorities to codify this change of practice in legislation; 

6.         expressed concern that, despite the Court’s judgments and the Committee’s long-standing requests to the authorities to fully and effectively align the procedure for determining election-related disputes with Convention requirements, the main problems identified by the Court remain unresolved;

7.         urged the authorities, therefore, to take further, decisive action to implement comprehensive reforms to respond to the Court’s findings and the Venice Commission’s recommendations, including by envisioning a reform of the structural composition of the electoral commissions with the aim of improving the effectiveness of examination of individual election‑related complaints;

8.         invited the authorities to provide information on the general measures taken or envisaged concerning the arbitrary seizure of case files covered by legal professional privilege;

9.         decided to resume the examination of this group at their 1545th meeting (December 2025) (DH) at the latest and to consider taking new action in the event that a detailed action plan setting out measures adequate to respond to the Court’s findings and the Committee’s decisions is not submitted by then.