CASE OF MAHMUDOV AND AGAZADE AGAINST AZERBAIJAN AND 7 OTHER CASES

Interim Resolution CM/ResDH(2025)251 Execution of the judgments of the European Court of Human Rights Mahmudov and Agazade group against Azerbaijan   (Adopted by the Committee of Ministers on 17 September 2025 at the 1537th meeting of the Ministers’ Deputies)     Application Case Judgment of Final on Indicator for the classification 35877/04 MAHMUDOV AND AGAZADE 18/12/2008 18/03/2009 Complex problem 40984/07 FATULLAYEV 22/04/2010 04/10/2010 52584/09 HASANOV 08/07/2021 08/07/2021 20755/08 AZADLIQ AND ZAYIDOV 30/06/2022 30/09/2022 34717/10 ALIYEV 02/02/2023 02/02/2023 383/12 KHURAL AND ZEYNALOV (No.2) 19/01/2023 19/04/2023 9028/09 AZADLIQ AND ZAYIDOV 16/05/2024 16/05/2024 10987/14 AZADLIQ AND JABRAYILZADE 21/11/2024 21/11/2024   The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”),   Recalling that the problems revealed by the present cases, notably the inadequacy of the legislation on defamation and the arbitrary application of criminal legislation to limit freedom of expression have been pending before the Committee of Ministers since 2009;   Recalling its previous decisions and resolutions in these cases, calling on the authorities to take concrete measures to achieve rapid and tangible progress in the adoption of the necessary measures to secure freedom of expression and ensure respect for the rule of law in Azerbaijan;   Recalling the authorities’ stated intention since 2012 to adopt the necessary legislative amendments in order bring domestic legislation in line with the Convention requirements, as well as a ruling from the Plenum of the Supreme Court in 2014 on the Convention requirements concerning defamation, recommending to the lower courts to give priority to sentences other than imprisonment namely fines, as foreseen under Articles 147 (defamation) and 148 (insult) of the Criminal Code;   Noting with concern the reports indicating an increased number of journalists and media actors currently detained in Azerbaijan;   STRESSED that freedom of expression constitutes one of the essential foundations of a democratic society and one of the basic conditions for its progress, and that efficient safeguards against arbitrary application of criminal legislation are essential for the respect of the rule of law;   DEPLORED that despite the Committee’s previous calls and the authorities’ assurances, no information has been submitted with regard to the general measures required in this group of cases;   EXPRESSED its profound concern that, sixteen years after the first judgment in the present group became final, and despite the Committee’s numerous decisions and interim resolutions, the only tangible progress achieved so far in the adoption of general measures has been the abovementioned directive from the Supreme Court to lower courts in 2014;   EXHORTED the Azerbaijani authorities to adopt the long-awaited legislative amendments in line with the requirements of Article 10 of the Convention, in particular by removing lengthy prison sentences foreseen under Articles 147 and 148 of the Criminal Code;   URGED the authorities to redouble their efforts to ensure that the domestic courts’ judicial practice is improved so that criminal provisions are not applied arbitrarily to limit freedom of expression and that the press can freely exercise its vital role of public watchdog;   URGED them also to consider taking measures to ensure that the domestic courts base their decisions on relevant and sufficient reasons in accordance with the principles established by the European Court under Article 10 of the Convention with regard to civil defamation proceedings; and INVITED them to provide sample decisions in order to assess whether this judicial practice has become widespread;   URGED the authorities to resume a constructive and results-oriented dialogue with the Secretariat to set up a roadmap to fully achieve the general measures required in these cases, and to provide information on the envisaged measures by the end of March 2026, with a view to the next examination of these cases in the course of 2026.