Arrest and detention of human rights defender Rasul Jafarov

Arrest and detention of human rights defender Rasul Jafarov

Rasul Jafarov v Azerbaijan, as part of the Ilgar Mammadov group (Appl. No. 69981/14)

Briefed on: 20 February and 5 September 2017

The case concerns an arrest and pre-trial detention of Azerbaijani human rights defender Rasul Jafarov, which the Court found unlawful and aimed to silence and punish the applicant for his human rights activities, in violation of Articles 5 and 18 of the Convention.

  • Rule 9 submission of Philip Leach, legal representative of Rasul Jafarov and Director of the European Human Rights Advocacy Centre (EHRAC)
  • Expert legal opinion of Julian Knowles QC, Matrix Chambers
  • Two written submissions to the Committee of Ministers by Ramute Remezaite, legal consultant for EHRAC: first and second
  • Judgment of the European Court of Human Rights
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Opposition politician Ilgar Mammadov kept as political prisoner

Opposition politician Ilgar Mammadov kept as political prisoner

Ilgar Mammadov v. Azerbaijan (App.15172/13)

Briefed on: 12 Septemebr 2016

The case concerns the arrest and detention of the applicant, an opposition politician, in violation of Articles 5, 6 and 18 of the Convention. The ECtHR concluded inter alia that the applicant was arrested for reasons other than those permitted by Article 5, namely to silence or punish the applicant for having criticized the Azerbaijani government.

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Violation of the right to free and fair elections

Violation of the right to free and fair elections

Namat Aliyev group (App. 18705/06) v. Azerbaijan

Briefed on: 11 September 2015 and 12 September 2016

These cases concern parliamentary elections that occurred in Azerbaijan in November 2005; applicants were members of the opposition parties or independent candidates. The ECtHR found violations of Article 3, Protocol No. 1 due to actions by the electoral commissions and domestic courts deemed arbitrary and without motivation, including rejecting complaints alleging breaches of electoral law and cancelling candidate registration. The Constitutional Court of the Republic of Azerbaijan annulled the elections in the electoral constituencies of certain applicants without sufficient reason, and without affording procedural safeguards to the parties (including the inability to participate in a review hearing).

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Rights of displaced persons in the Nagorno-Karabakh conflict

Sargsyan v Azerbaijan and Chiragov v Armenia

Briefed on: 24 May 2016

Two Grand Chamber judgments delivered on 16 June 2015 upheld the European Convention rights of families displaced by the Nagorno-Karabakh conflict in the early 1990s, a conflict that created hundreds of thousands of refugees and internally-displaced persons (IDPs) on both sides, and which has remained unresolved in the ensuing decades. Peace negotiations have been held under the auspices of the OSCE ‘Minsk Group’ (co-chaired by France, Russia and the United States), but as the judgments make clear, settlement negotiations have repeatedly failed.

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Imprisonment of journalists following their criticism of a politician

Mahmudov and Agazade Group v. Azerbaijan (App no 35877/04), Fatullayev v. Azerbaijan (App no 40984/07)

Briefed on: 11 September 2015

Case summary: Applicants were prosecuted for the publication of a print article in 2003 and objected to their imprisonment for defamation of a politician and agriculture expert; the Court found violations of Articles 10.

  • Judgment of the European Court of Human Rights
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