"Azerbaijan has failed to fulfil its obligation to comply with the 2014 ruling" in the case of 'Ilgar Mammadov', the European Court of Human Rights (ECHR) concluded in a second ruling on Wednesday 29 May.
There is a "violation of Article 46 § 1 (force and obligation of judgments) of the European Convention on Human Rights", said the Grand Chamber, which refers the case to the Committee of Ministers (CM) responsible for ensuring the execution of ECHR judgments by Council of Europe member states. It is up to this executive body to examine the "measures to be taken".
This is the first time that this so-called 'infringement procedure' has been conducted. Introduced in 2010 in the European Convention on Human Rights, it may lead to the suspension of the right of representation of the sentenced State.
Mr Mammadov is an opponent of Azerbaijani President Ilham Aliyev. He was remanded in custody while attempting to run in the 2013 election and was subsequently sentenced to 7 years in prison.
In 2014, the ECHR ruled that the proceedings against this leader of the Republican Alternative Party (ReAl) were political in nature and called for his immediate release.
The Committee of Ministers has repeatedly reiterated this request, unsuccessfully until 2018. Ilgar Mammadov was then released on probation and in 2019, the Supreme Court ruled that he had served his full sentence and lifted the restrictions.
In 2017, the CM referred the matter to the ECHR in the context of the infringement proceedings (see EUROPE 11920/24) and, on Wednesday, the ECHR condemned Azerbaijan for failing to act in good faith and in a manner consistent with "the conclusions of its judgment in the case of Mr Mammadov". (Original version in French by Véronique Leblanc)