SECRETARIAT GENERAL
SECRETARIAT OF THE COMMITTEE OF MINISTERS
SECRÉTARIAT DU COMITE DES MINISTRES
Contact: Simon Palmer
Tel: 03.88.41.26.12
Date: 11/03/2011
DH - DD(2011)169 [*]
Item reference: 1108th DH meeting (March 2011)
Communication from 32 NGOs in the case of Fatullayev against Azerbaijan (Application No. 40984/07).
Information made available under Rule 9.2 of the Rules of the Committee of Ministers for the supervision of the execution of judgments and of the terms of friendly settlements.
* * *
Référence du point : 1108e réunion DH (mars 2011)
Communication de 32 ONG dans l'affaire Fatullayev contre Azerbaïdjan (Requête n° 40984/07).
Informations mises à disposition en vertu de la Règle 9.2 des Règles du Comité des Ministres pour la surveillance de l’exécution des arrêts et des termes des règlements amiables.
Minister Ahmet Davutoğlu
Chairman of the Committee of Ministers
Council of Europe
F-67075 Strasbourg CEDEX
France
Via facsimile: +33 (0)3 90 21 55 54
Via e-mail: [email protected]
Copy to:
Mr Simon Palmer
Secretariat of the Committee of Ministers
Council of Europe
Via e-mail:[email protected]
Ms Geneviève Mayer and Ms Charlotte de Broutelles
Directorate General of Human Rights and Legal Affairs
Department for the Execution of Judgments of the European Court of Human Rights
Council of Europe
Via facsimile: +33 (0)3 88 41 27 93
Via e-mail:[email protected] and [email protected]
Mr Lukas Heim and Ms Anne Weber
Office of the Commissioner for Human Rights
Council of Europe
Via facsimile:+33 (0)3 90 21 50 53
Via e-mail:[email protected] and [email protected]
22 February 2011
NGO Submission under Rule 9.2 of the Rules of the Committee of Ministers for the supervision of the execution of judgments
Dear Minister Davutoğlu,
We are writing you in a support of Mr. Eynulla Fatullayev and his case against the Azerbaijani government. We thank you in the efforts that you made to secure the cancellation of the applicant’s criminal sentence following his further conviction for possession of drugs. We hope that the steps that we are taking will bring positive results and will have some influence on the Azerbaijani government.
As you may know, Fatullayev was initially convicted for libel in April 2007 in relation to an internet posting attributed to him but which he claims he did not write. Later in 2007, he was also sentenced for fomenting terrorism, inciting ethnic hatred and other criminal charges deriving from an article he wrote expressing legitimate opinion on Azerbaijan's foreign policy. Further, he was sentenced in the drug possession case. In April 2010 European Court on Human Rights considered that the only way for the Azerbaijani Government to implement the judgment in his case was to secure his immediate release from prison, an unusual step. Nevertheless the situation remains the same.
We are deeply concerned that Mr Fatullayev remains wrongfully imprisoned, as the Azerbaijani Government continues to refuse to comply with the Committee’s decision and the judgment of the European Court of Human Rights indicating that the Azerbaijani authorities had to release Mr Fatullayev in order to comply with their obligations under Article 46 of the Convention. As they have not done so, has failed to comply with its obligations under the European Convention on Human Rights. It is the obligation of the Committee of Ministers to supervise execution of this judgment (Article 46 § 2 ECHR).
We consider that case of the Mr. Fatullayev is a matter of essential priority and call on the Committee to include his case to the list of issues that will be discussed during the Committee’s next human rights meeting from 8-10 March. We hope that discussion of this item will contribute to securing his immediate release, which the Convention requires. We also urge the Committee of Ministers to take other steps to achieve his immediate release, including issuing a temporary resolution as an outcome of the 8-10 March meeting.
Sincerely yours,
Legal Education Society /Azerbaijan/, Intigam Aliyev, president
Democracy and Human Rights Resource Centre /Azerbaijan/, Asabali Mustafayev, chairman
Azerbaijan Lawyers Association /Azerbaijan/, Annagi Hajibeyli, president
Election Monitoring and Democracy Studies Center /Azerbaijan/, Anar Mammadli, chairman
Republicanist Alternative Movement /Azerbaijan/, Ilgar Mammadov, co-chairman
Political and Culture Center of Azerbaijani Women /Azerbaijan/, Mehriban Vazir, chairman
Democracy Monitor /Azerbaijan/, Fuad Hasanov, chairman
Centre for Economic & Political Researches /Azerbaijan/, Hikmet Hajizadeh, president
Religious Freedom Defence Organization /Azerbaijan/, Ilgar Ibrahimoglu, chairman
Azerbaijan Bureau of Human Rights and Law Respect /Azerbaijan/, Saida Gojamanli, director
Azerbaijan Public Association for Security and Defence /Azerbaijan/, Yashar Jafarli, president
Centre For Support For Economic Initiatives /Azerbaijan/, Azer Mehtiyev, chairman
Media Rights Institute, Rashid Hajili /Azerbaijan/, director
Center for National and International Studies /Azerbaijan/, Leyla Aliyeva, chairman
Azerbaijan National Committee for European Integration /Azerbaijan/, Malahat Murshudlu, chairman
Democratic Journalism School Public Union /Azerbaijan/, Rovshan Hajiyev, cochairman
Public Association for Assistance to Free Economy /Azerbaijan/, Zohrab Ismayilov, chairman
"Democracy and NGO's development Resource Center" Nakhchivan AR /Azerbaijan/, Malahat Nasibova, chairman
Azerbaijan Human Rights House /Azerbaijan/, Vugar Gojayev, country manager
Azerbaijan Migration Centre /Azerbaijan/, Alovsat Aliyev, chairman
"Democracy Learning" Public Union /Azerbaijan/, Mirali Huseynov, chairman
Women's Solidarity Public Association /Azerbaijan/, Ruhangiz Huseynova, chairman
"Atlas" Research Center /Azerbaijan/, Elkhan Shahinoglu, chairman
Institute for Peace and Democracy /Azerbaijan/, Leyla Yunus, director
Law and Development Public Union /Azerbaijan/, Hafiz Hasanov, chairman
Lawyers’ Committee of Human Rights /Azerbaijan/, Akif Alizade, chairman
Azerbaijan Lawyers Forum /Azerbaijan/, Qurban Mammadov, co-chairman
Public Interests Citizen Initiative Union /Azerbaijan/, Anar Gasimov, chairman
Economic Researches Center/Azerbaijan/, Gubad Ibadoglu, chairman
Association for the Protection of Women s Rights in Azerbaijan after D.Aliyeva /Azerbaijan/, Novella Jafarova, chairman
Azerbaijan National Group of International Society for Human Rights, Saadat Bananyarly, chairman
“Gender Group” Public Union /Azerbaijan/, Xalisa Shahverdiyeva, executive director
International-Lawyers.Org and Nord-Sud XXI /Switzerland/, Curtis Doebbler, director
The AIRE Centre (Advice on Individual Rights in Europe) /London/, Nuala Mole, director
Association of teachers of history and civic education “Nova Doba” /Ukraine/, Petro Kendzor, director
Belarusian Schuman Society (Poland), Katerina Przybylska, director
Human Rights Centre (Georgia), Ucha Nanuashvili, director