ECHR fines the Azerbaijani government
The European Court of Human Rights (ECHR) has announced three new rulings regarding complaints from citizens of Azerbaijan. According to these decisions, the Azerbaijani government will pay a total of €47,000 in compensation to the claimants.
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Aynur Bagirova v. Azerbaijan
One of the rulings from the European court was issued regarding the claim filed by the relatives of Anar Bagirov, who was killed during the “Ganja events.”
On July 3, 2018, the executive power of the city was shot in Ganja. Following the incident, Anar Bagirov was wanted and was killed on July 20 of the same year during an operation by the State Security Service to detain him.
Investigative documents in this case indicate that Bagirov received only one bullet out of four while he was standing, and another bullet hit him shortly before his death. The investigator concluded that there were no criminal actions on the part of the SSS employees. The investigator’s report states that Bagirov was killed due to armed resistance.
In 2019, Aynur Bagirova, Anar Bagirov’s sister, filed a lawsuit in the Binagadi District Court of Baku, claiming that her brother was intentionally killed and that the investigator did not conduct an effective investigation into the murder. Local courts did not satisfy the claimant’s complaint.
In this case, Bagirova turned to the ECHR, alleging her brother’s intentional murder by representatives of the authorities and the ineffective investigation of the case by local authorities.
In its ruling on October 10, the European court upheld the claimant’s lawsuit and recognized a violation of Article 2 (right to life) of the European Convention on Human Rights. The decision noted that local authorities did not conduct an effective investigation into the murder of the claimant’s brother, and the government failed to provide credible evidence of the murder due to armed resistance.
According to the decision, the government is required to pay the claimant €32,000 in moral compensation and legal expenses.
Claim by the former Attorney General
The court in Strasbourg also announced its decision regarding the lawsuit filed by former Azerbaijani Attorney General Eldar Hasanov, who is currently under arrest.
The case concerned the imprisonment of Eldar Hasanov, who served as Attorney General from 1995 to 2000 and as ambassador from 2001 to 2020.
On August 13, 2020, the former ambassador of Azerbaijan to Serbia, Montenegro, and Bosnia and Herzegovina, Eldar Hasanov, was detained by the State Security Service on suspicion of abuse of office and misappropriation of budget funds. On January 21, 2022, he was sentenced to 10 years in prison and confiscation of property by the Baku Serious Crimes Court.
Hasanov described the charges as “unfounded” and noted that “certain figures in power conveyed false information to the head of state about his alleged political ambitions.”
Eldar Hasanov complained to the ECHR about violations of Articles 3 (prohibition of inhuman and degrading treatment), 5 (unlawful interference with the right to liberty and security), and 18 (restriction of rights) of the European Convention on Human Rights.
The claimant argued that there were no valid grounds for his detention and imprisonment, and he was denied necessary medical assistance during his arrest.
The court found violations of Articles 3 and 5 of the European Convention concerning the claimant.
According to the ECHR’s decision, the government will pay the claimant €9,234 in compensation for moral harm and legal expenses.
Dzhafarova and Others v. Azerbaijan
The third ruling of the ECHR was issued in the case of “Dzhafarova and Others v. Azerbaijan.”
This case was dedicated to a complaint regarding the violation of rights to assembly and effective remedies. During communication, the government acknowledged the violations and committed to compensating the claimants.
According to this decision of the European court, Aigul Dzhafarova, Gulnara Mekhtieva, Wafa Nagieva, and Seymur Nazarov will each receive €1,575 in compensation.