F18News: AZERBAIJAN: Will regime implement UN, European Court of Human Rights decisions?

FORUM 18 NEWS SERVICE, Oslo, Norway
https://urldefense.com/v3/__https://www.forum18.org/__;!!LIr3w8kk_Xxm!42O3xXfMTaluNbjtOO_YNrsO3wquV6jYk9SdBBLNvZJxR9Nxf_i_bGUPf5fmMg$

The right to believe, to worship and witness
The right to change one's belief or religion
The right to join together and express one's belief

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Friday
AZERBAIJAN: Will regime implement UN, European Court of Human Rights
decisions?

The UN Human Rights Committee adopted two decisions in favour of four
Jehovah's Witnesses, requiring not only that Azerbaijan repay their fines
and court fees but review "its domestic legislation, regulations and/or
practices" to ensure similar violations cannot recur. Dozens of European
Court of Human Rights judgments in freedom of religion or belief cases
similarly require changes to law and practice to implement the decisions.
The regime has given no public indication of any changes to law and
practice to prevent further violations.

AZERBAIJAN: Will regime implement UN, European Court of Human Rights
decisions?
https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2647__;!!LIr3w8kk_Xxm!42O3xXfMTaluNbjtOO_YNrsO3wquV6jYk9SdBBLNvZJxR9Nxf_i_bGV5Y667UA$

By Felix Corley, Forum 18

In decisions in late 2020 and early 2021, both the United Nations Human
Rights Committee and the European Court of Human Rights in Strasbourg have
instructed the Azerbaijani regime to pay compensation to those whose rights
to freedom of religion or belief it had violated. Both bodies also
instructed Azerbaijan to amend its laws and practices that punish the
exercise of freedom of religion or belief to ensure that such violations
cannot recur.

The regime has given no public indication that it is preparing any changes
to law and practice to prevent further violations of freedom of religion or
belief (see below).

The United Nations (UN) Human Rights Committee adopted two decisions in
favour of Jehovah's Witnesses in Azerbaijan in October 2020. The cases were
Rahima Huseynova v. Azerbaijan; and Saladdin Mammadov, Rashad Niftaliyev
and Sadagat Abbasova v. Azerbaijan. In both cases, the Committee ruled that
the State had violated their rights, ordered an "effective remedy" for each
(including reimbursement of the large fines and any court fees) and
instructed Azerbaijan to amend laws and practice to avoid future violations
(see below).

"The State party is also under an obligation to take all steps necessary to
prevent similar violations from occurring in the future, including by
reviewing its domestic legislation, regulations and/or practices with a
view to ensuring that the rights under article 18 of the Covenant may be
fully enjoyed in the State party," both UN Human Rights Committee decisions
declare in identical wording. They also instructed Azerbaijan to inform it
of steps it would take within 180 days (see below).

The decisions echo the call in the November 2016 Concluding Observations on
Azerbaijan's report to the UN Human Rights Committee (CCPR/C/AZE/CO/4
(https://urldefense.com/v3/__https://undocs.org/CCPR/C/AZE/CO/4__;!!LIr3w8kk_Xxm!42O3xXfMTaluNbjtOO_YNrsO3wquV6jYk9SdBBLNvZJxR9Nxf_i_bGW_NRKHew$
)), that Azerbaijan "should bring its
legislation, including the law on freedom of religious belief, into
conformity with article 18 of the Covenant".

Article 18 of the International Covenant on Civil and Political Rights
(https://urldefense.com/v3/__https://www.ohchr.org/EN/ProfessionalInterest/Pages/CCPR.aspx__;!!LIr3w8kk_Xxm!42O3xXfMTaluNbjtOO_YNrsO3wquV6jYk9SdBBLNvZJxR9Nxf_i_bGU6-sXMMg$
) protects
"Freedom of thought, conscience and religion".

Jehovah's Witnesses from Azerbaijan have seven other freedom of religion or
belief cases pending with the UN Human Rights Committee (see below).

Forum 18 has been unable to find out what changes in law or practice (if
any) the regime is planning in order to comply with the instructions from
the UN Human Rights Committee and the ECtHR in Strasbourg. Azerbaijan is
coming to the end of the holidays for the Novruz spring holiday, which
began on 21 March, and telephones at government agencies went unanswered on
25 and 26 March.

The telephone of Chingiz Asgarov, the Deputy Chair of the Supreme Court -
and the Azerbaijani government's Agent at the ECtHR – went unanswered
each time Forum 18 called on 25 and 26 March.

Mubariz Qurbanli, chair of the State Committee for Work with Religious
Organisations (which controls all exercise of the right to freedom of
religion or belief in the country
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2429__;!!LIr3w8kk_Xxm!42O3xXfMTaluNbjtOO_YNrsO3wquV6jYk9SdBBLNvZJxR9Nxf_i_bGX9cMN20g$
)), stated in February
that it is preparing amendments to the Religion Law, but gave no indication
of what they will contain or whether they are aimed at removing
restrictions on the exercise of freedom of religion or belief in line with
the UN Human Rights Committee and ECtHR calls. Telephones at the State
Committee went unanswered each time Forum 18 called on 26 March (see
below).

Jehovah's Witnesses say the authorities have already been in contact with
the four individuals about repayment of the fines and court fees. "We hope
that they will receive compensation (including reimbursement for the fines
imposed and for court fees) soon" (see below).

Between late September 2020 and March 2021, the European Court of Human
Rights (ECtHR) issued 20 decisions in cases from Azerbaijan relating to
violations of freedom of religion or belief. The total amount of
compensation Azerbaijan is to pay the victims is 81,100 Euros (162,000
Azerbaijani Manats, 821,000 Norwegian Kroner or 96,000 US Dollars).

Of these 20 ECtHR decisions, 2 were findings of violations, 4 were
unilateral declarations where the government admitted violations and agreed
to pay compensation and a further 12 were friendly settlements, where the
government agreed to pay compensation (in 1 case it also admitted
violations) (see below).

In the case of Revan Sabzaliyev, jailed for teaching religion to children,
the Azerbaijani government agreed a friendly settlement with the payment of
compensation of 4,500 Euros (9,000 Azerbaijani Manats, 45,700 Norwegian
Kroner or 5,300 US Dollars). His lawyer, Yalchin Imanov, insisted to Forum
18 that the agreement to pay compensation effectively means the Azerbaijani
government has admitted it violated Sabzaliyev's rights (see below).

In the 20 years since Azerbaijan joined the Council of Europe in January
2001, individuals and communities have lodged at least 64 cases to the
ECtHR over violations of rights to freedom of religion or belief (see
below).

In three cases in which the ECtHR found in 2020 that Azerbaijan had
violated the right to freedom of religion or belief and inter-related
rights, the Council of Europe is conducting "enhanced supervision" of the
implementation of these decisions. "An enhanced procedure is used for cases
requiring urgent individual measures or revealing important structural
problems," it explains. These cases related to the lack of a civilian
alternative to military service (which Azerbaijan promised the Council of
Europe it would introduce by January 2003
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2567__;!!LIr3w8kk_Xxm!42O3xXfMTaluNbjtOO_YNrsO3wquV6jYk9SdBBLNvZJxR9Nxf_i_bGVVt_fZwA$
)), the ban on sharing
faith in public and the prior state censorship of religious literature (see
below).

The latest ECtHR decisions leave 15 cases from Azerbaijan relating to
violations of freedom of religion or belief – submitted between 2012 and
2020 - known to be awaiting an ECtHR decision. Of these, 10 were lodged by
Muslims and 5 by Jehovah's Witnesses (see full list below).

Will proposed Religion Law amendments meet UN and ECtHR requirements?

Mubariz Qurbanli, chair of the State Committee for Work with Religious
Organisations (which controls all exercise of the right to freedom of
religion or belief in the country), told the local news agency Report in an
interview published on 11 February that it is preparing amendments to the
Religion Law.

However, Qurbanli gave no indication of what the proposed amendments will
contain or whether they are aimed at removing restrictions on the exercise
of freedom of religion or belief in line with the UN Human Rights Committee
and ECtHR calls.

Qurbanli claimed that laws are "like a living organism, they must meet the
challenges of the time and adapt to the requirements of the time". He said
proposals to amend the Religion Law "are currently being discussed. I can
only say that the changes are due to the need of the time and the purpose
of further improving the legal framework governing religion."

Telephones at the State Committee went unanswered each time Forum 18 called
on 26 March. Forum 18 also tried to reach several members of the Milli
Majlis (parliament) Public Associations and Religious Organisations
Committee, including its Chair Fazail Ibrahimli and Committee member
Sevinch Fataliyeva, as well as former Chair Siyavush Novruzov. Their
telephones went unanswered on 25 and 26 March, or aides said they were not
available until 29 March.

UN Human Rights Committee decisions

On 14 October 2020, the UN Human Rights Committee found that Azerbaijan had
violated the rights of Jehovah's Witness Rahima Huseynova
(CCPR/C/130/D/2845/2016).

Police in Baku detained Huseynova in December 2014 as she was talking to
others of her faith. A Baku court fined her 1,500 Manats
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2042__;!!LIr3w8kk_Xxm!42O3xXfMTaluNbjtOO_YNrsO3wquV6jYk9SdBBLNvZJxR9Nxf_i_bGWAL1Tkwg$
) under then
Administrative Code Article 299.0.4 ("religious activity not within a
religious association's registered address"), a fine upheld on appeal. The
fine represented at the time more than three months' average wage for those
in formal work.

Huseynova appealed to the UN Human Rights Committee in September 2016,
complaining that her detention and fine were a violation of her right to
freedom of religion or belief. The regime insisted to the Committee that it
had acted in accordance with the law and insisted that it has the right to
restrict freedom of religion or belief.

The Committee dismissed the regime's arguments that it had the right to
restrict freedom of religion or belief, pointing out that it had not
demonstrated that such a restriction was proportionate or protected against
any specific threat to public safety, order, health or morals, or the
fundamental rights and freedoms of others.

The Committee found that Azerbaijan had violated Huseynova's rights and
ordered it to provide an "effective remedy" for her and others.

"This requires it to make full reparation to individuals whose rights under
the Covenant have been violated. Accordingly, the State party [Azerbaijan]
is obligated to, inter alia, provide the author with adequate compensation,
including by reimbursing her for the fine imposed [1,500 Manats] and for
court fees related to the case in question," the decision notes.

On 15 October 2020, the UN Human Rights Committee found that Azerbaijan had
violated the rights of three more Jehovah's Witnesses, Saladdin Mammadov,
Rashad Niftaliyev and Sadagat Abbasova (CCPR/C/129/D/2928/2017).

Mammadov, Niftaliyev and Abbasova appealed to the UN Human Rights Committee
in January 2017, complaining that the regime violated their rights when
police raided a religious meeting Mammadov was hosting in his home in Ganca
in October 2014, attended by about 25 people. Police searched the home,
seized religious literature and took all the participants to the police
station, where they held them with no food or drink and mocked their faith.
A Ganca court later fined Mammadov, Niftaliyev and Abbasova 2,000 Manats
each by post for holding an "illegal" meeting, fines upheld on appeal.

The regime insisted that police had raided the religious meeting because
children might have been present. "Human rights and freedoms such as the
right to profess any religion, to express and spread one's beliefs
concerning religion may be restricted for the purpose of protecting public
safety, health, order and morals, or the rights and freedoms of others,"
the regime told the UN Committee.

The Committee dismissed the regime's arguments, noting that the regime had
not indicated why they believed unaccompanied minors might have been
present or why this justified a police raid, detentions and fines. "The
Committee notes that the State party has not specifically explained why the
authors [Mammadov, Niftaliyev and Abbasova] were punished for engaging in
religious worship without having met the precondition of officially
registering as a religious association," it added.

Given its finding that Azerbaijan had violated Mammadov, Niftaliyev and
Abbasova's rights, the UN Committee ordered it to provide an "effective
remedy" for them and others.

Using almost identical wording to that of the Huseynova decision, the UN
Committee ordered Azerbaijan to reimburse the fines of 2,000 Manats
Mammadov, Niftaliyev and Abbasova had each paid, plus any court fees, and
change the law and practice to ensure that no one else can face similar
violations of their rights in future.

Both decisions say the UN Committee "wishes to receive from the State
party, within 180 days, information about the measures taken to give effect
to the Committee's Views". It added that Azerbaijan should "publish the
present Views and disseminate them widely in the official languages of the
State party".

Jehovah's Witnesses say the authorities have already been in contact with
Huseynova, Mammadov, Niftaliyev and Abbasova. "The process started and
representatives of the state already contacted the applicants," a
representative told Forum 18 from Baku on 26 March. "We hope that they will
receive compensation (including reimbursement for the fines imposed and for
court fees) soon."

Jehovah's Witnesses from Azerbaijan have seven other freedom of religion or
belief cases pending with the UN Human Rights Committee. Five relate to
police raids on meetings for worship and two to speaking to others about
faith.

ECtHR decisions

The ECtHR issued decisions in 20 cases from Azerbaijan relating to
violations of freedom of religion or belief between late September 2020 and
March 2021. These cases concluded with:

- Friendly settlement with compensation: 12

- Unilateral declaration: 4

- Finding of violation: 2

- Struck out after death of applicant: 1

- Inadmissible: 1

In the two cases where the ECtHR had found that Azerbaijan had violated
individuals' rights, the regime had contested this.

In one of the 12 friendly settlement cases, that of Jehovah's Witness Nina
Gridneva, and in the four unilateral declaration cases, Azerbaijan
expressed "their acknowledgment that there was a violation of the
applicants' rights guaranteed under the Convention [European Convention on
Human Rights]".

The other 11 friendly settlement cases appear to include no acknowledgment
by the regime that it had violated individuals' rights, despite the regime
offering compensation to the victims. Nor does the ECtHR make any
determination on the substance of the cases, merely striking them out when
noting the friendly settlement. "Friendly settlements are without prejudice
to any of the parties to the proceedings," an official of the Court told
Forum 18 from Strasbourg on 25 March.

ECtHR judgment, unilateral declarations, striking out: Police raids on
meetings for worship

1) Mammadova v. Azerbaijan (Application No. 30640/09). In July 2008, a
police officer detained Russian citizen Imanzade Mammadova as she was
hosting a Jehovah's Witness meeting for worship at her home in Zaqatala.
Police fined her for "illegal" religious activity, and then took her to the
Migration Service which deported her to Russia
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=1179__;!!LIr3w8kk_Xxm!42O3xXfMTaluNbjtOO_YNrsO3wquV6jYk9SdBBLNvZJxR9Nxf_i_bGXFv7wqag$
).

Mammadova died in June 2020, eleven years after she submitted the case to
the ECtHR. Her local legal representative Leonid Moroz wished to continue
the case. However, the ECtHR struck out the case on 11 March 2021, despite
the fact that in October 2009, Mammadova had signed a power of attorney
requesting Moroz to continue the case if she died before it was resolved.
The ECtHR ruled that he could not do so because he is not a relative or
heir. "Had the Court dealt with the case more quickly, it could have been
resolved while Imanzade Mammadova was still alive," a Jehovah's Witness
commented to Forum 18.

2) Mammadov v. Azerbaijan (Application No. 7308/12). In July 2007, police
raided a religious meeting of Muslims who read Said Nursi's works at
Shukran Mammadov's home in Ujar and seized books and religious materials,
handing them to the State Committee. Baku courts rejected his demand for
the State Committee to return the books
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=1522__;!!LIr3w8kk_Xxm!42O3xXfMTaluNbjtOO_YNrsO3wquV6jYk9SdBBLNvZJxR9Nxf_i_bGWk1prq1g$
), claiming that they
contained passages encouraging sectarianism and therefore not recommended
for distribution.

The ECtHR ruled on 3 December 2020 that Azerbaijan had violated Mammadov's
rights and ordered it to pay compensation of 1,600 Euros.

3) Genc and Others v. Azerbaijan (Application No. 71032/12). In April 2012,
police in Ganca raided a Muslim meeting for worship in a home. Officers
took Turkish citizens Sadullah Eren Genc, Saim Samir and Tugrul Kiraz to
the police station. A court later fined each and ordered their deportation,
though an appeal court subsequently changed the deportation orders to
warnings.
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=1719__;!!LIr3w8kk_Xxm!42O3xXfMTaluNbjtOO_YNrsO3wquV6jYk9SdBBLNvZJxR9Nxf_i_bGXA30G2ag$
)

The Azerbaijani government offered a unilateral declaration of its
"acknowledgement of the fact that there was a violation of the applicants'
rights guaranteed under the Convention" with the payment of compensation to
each of 4,000 Euros. Despite letters from the three men complaining that
the compensation offered was "low and not correspondent to the grievances
that they had suffered", the ECtHR accepted the unilateral declaration on
21 January 2021.

4) Panahov and Others v. Azerbaijan (Application No. 17374/16). In May
2013, police raided a Jehovah's Witness meeting for worship at Shalala
Atamova's home in Shamkir. Police questioned her, Nijat Panahov, Mehpara
Jafarova and Lala Yusifova (among others), warned them not to hold such
meetings and freed them. The four challenged the police action in court,
seeking an apology for the raid, a pledge not to raid meetings for worship
in future and compensation. Local courts rejected their suit.
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=1894__;!!LIr3w8kk_Xxm!42O3xXfMTaluNbjtOO_YNrsO3wquV6jYk9SdBBLNvZJxR9Nxf_i_bGXQcJMtLA$
)

The Azerbaijani government offered a unilateral declaration of its
"acknowledgement of the fact that there was a violation of the applicants'
rights guaranteed under the Convention" with the payment of compensation to
each of 4,000 Euros. Despite a letter from the four complaining that "the
issues raised in the present application have not been determined by the
Court in previous cases against the respondent Government and that the
Government's unilateral declaration did not address the problems underlying
the alleged violations of the Convention", the ECtHR accepted the
unilateral declaration on 21 January 2021.

5), 6), 7), 8), 9), 10), 11), 12), 13), 14) Rzamov v. Azerbaijan
(Application No. 81005/17); Guliyev [Quliyev] v. Azerbaijan (Application
No. 81009/17); Gasimov v. Azerbaijan (Application No. 81024/17); Khanlayev
v. Azerbaijan (Application No. 81043/17); Elmar Aliyev v. Azerbaijan
(Application No. 81049/17); Shikhmammadov v. Azerbaijan (Application No.
81051/17); Seyfalov v. Azerbaijan (Application No. 81083/17); Amrahov v.
Azerbaijan (Application No. 81084/17); Badirkhanov v. Azerbaijan
(Application No. 81088/17); and Gulaliyev v. Azerbaijan (Application No.
81095/17). In March 2017, police raided a home in Quba where Muslims who
study Said Nursi's works were meeting and seized religious literature.
Almost all of those present were fined in March 2017, including these 10
men
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2294__;!!LIr3w8kk_Xxm!42O3xXfMTaluNbjtOO_YNrsO3wquV6jYk9SdBBLNvZJxR9Nxf_i_bGX1q-Um6w$
).

The Azerbaijani government and the ten men agreed friendly settlements,
with the payment of compensation to each of 3,750 Euros. The ECtHR accepted
the friendly settlement on 11 March 2021.

ECtHR Friendly settlement: Teaching religion to children

1) Sabzaliyev v. Azerbaijan (Application No. 26372/17). In April 2014,
armed police raided a home in Baku's Yasamal District where Muslims who
study Nursi's works were holding a meeting. Police detained and violently
questioned all those present and confiscated religious literature. A Baku
court jailed Revan Sabzaliyev in October 2015 for 1 year and 7 months
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2109__;!!LIr3w8kk_Xxm!42O3xXfMTaluNbjtOO_YNrsO3wquV6jYk9SdBBLNvZJxR9Nxf_i_bGVoIwf0XQ$
) for teaching religion
to children, and jailed four others on trial with him. Sabzaliyev's jail
term was later reduced to one year
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2173__;!!LIr3w8kk_Xxm!42O3xXfMTaluNbjtOO_YNrsO3wquV6jYk9SdBBLNvZJxR9Nxf_i_bGXEkI7f8Q$
).

The Azerbaijani government and Sabzaliyev agreed a friendly settlement,
with the payment of compensation of 4,500 Euros. The ECtHR accepted the
friendly settlement on 11 March 2021.

Sabzaliyev's lawyer, Yalchin Imanov, insisted that the agreement to pay
compensation effectively means the Azerbaijani government has admitted it
violated Sabzaliyev's rights. He added that his client is satisfied with
the settlement. "Had he not been satisfied, he could have asked the Court
to continue its consideration," Imanov told Forum 18 from Baku on 25 March.
"However, he didn't feel this was necessary."

ECtHR Unilateral declarations: State censorship of religious literature

1) Jafarov and Others v. Azerbaijan (Application No. 406/12). In December
2009, the State Committee rejected an application to import Jehovah's
Witness literature, claiming it incited "religious intolerance against
members of the Catholic, Protestant and Russian Orthodox churches". In
2010, the State Committee issued four further denials, claiming the
literature encouraged intolerance of Christians or misrepresented the
Koran. The Baku Jehovah's Witness community and ten of its members,
including Adam Jafarov, failed to overturn these denials through the local
courts.

In a letter, the applicants "welcomed the recognition of the violation of
their Convention rights by the Government, but that they were not satisfied
with the terms of the unilateral declaration. In particular, they contended
that the issues raised in the present application had not been determined
by the Court in previous cases against the respondent State and that the
Government's unilateral declaration did not address the problems underlying
the alleged violations of the Convention. They also submitted that the
Government accepted to pay compensation only to the applicant community and
not to the other individual applicants, who were all victims of the
Convention violation." Nevertheless, the ECtHR accepted the unilateral
declaration on 15 October 2020.

2) Tagiyev and Others v. Azerbaijan (Application No. 66477/12). In October
and November 2010, the State Committee rejected in full or in part the
community's requests to import Jehovah's Witness literature. The State
Committee rejected in full or in part five further applications between
December 2010 and May 2011. The Baku Jehovah's Witness community and seven
of its members, including Arif Tagiyev, failed to overturn these denials
through the local courts.

The Azerbaijani government offered a unilateral declaration of its
"acknowledgement of the fact that there was a violation of the applicants'
rights guaranteed under the Convention" with the payment of compensation to
the Baku Jehovah's Witness community of 3,000 Euros and nothing to the 7
individual applicants. Despite a letter from the seven welcoming
Azerbaijan's admission of a violation but complaining that the ECtHR had
not ruled on the underlying issue and had not offered compensation to the
individual victims, the ECtHR accepted the unilateral declaration on 15
October 2020.

ECtHR friendly settlement, judgment: Punishment for talking to others about
faith

1) Gridneva v. Azerbaijan (Application No. 29578/11). In September 2010,
police in Baku stopped Jehovah's Witness Nina Gridneva while she was
offering religious literature on the street and seized the literature. A
court subsequently fined her for "illegal" religious literature
distribution.
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=1520__;!!LIr3w8kk_Xxm!42O3xXfMTaluNbjtOO_YNrsO3wquV6jYk9SdBBLNvZJxR9Nxf_i_bGW3CVggyg$
)

The Azerbaijani government and Gridneva agreed a friendly settlement, based
on Azerbaijan's unilateral declaration of its "acknowledgement of the fact
that there was a violation of the applicant's rights guaranteed under the
Convention" with the payment of compensation of 4,500 Euros. The ECtHR
accepted the friendly settlement on 29 September 2020.

2) Sheveli and Shengelaya v. Azerbaijan (Application No. 42730/11). Police
raided a Jehovah's Witness meeting for worship in Yegana Gahramanova's home
in Ganca in December 2010 (in the case Valiyev and Others, the ECtHR issued
a judgment in September 2020
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2605__;!!LIr3w8kk_Xxm!42O3xXfMTaluNbjtOO_YNrsO3wquV6jYk9SdBBLNvZJxR9Nxf_i_bGUZIe3B-Q$
)). Officers also
detained Vepkhvia Sheveli and Ekaterine Shengelaya, a married couple from
Georgia. A court fined them and deported them.
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=1527__;!!LIr3w8kk_Xxm!42O3xXfMTaluNbjtOO_YNrsO3wquV6jYk9SdBBLNvZJxR9Nxf_i_bGUPG-cDdw$
)

The ECtHR ruled on 5 November 2020 that Azerbaijan had violated Sheveli and
Shengelaya's rights and ordered it to pay compensation to each of 1,500
Euros.

ECtHR inadmissible case: Movement restrictions because of appearance

Pashayev and Others v. Azerbaijan (Application No. 18068/08). In June 2007,
Elmar Pashayev, Kamil Almammadov and Vugar Mammadov visited Quba District
from Baku for a few days, but the police told them they had violated
temporary residence registration rules and ordered them to leave the
district. They complain that they were singled out solely because they were
dressed in "traditional Islamic attire" and wore long beards. They tried to
sue the local police but the courts claimed they never received the suits.

The ECtHR declared the case inadmissible on 14 January 2021, as the
individuals had not exhausted all remedies through the local courts.

Earlier ECtHR decisions under Council of Europe "enhanced supervision"

In three earlier cases where the ECtHR found that Azerbaijan had violated
rights to freedom of religion or belief, and inter-related rights, the
Council of Europe is conducting "enhanced supervision" of the
implementation of these decisions, according to a list of 15 March.

"An enhanced procedure is used for cases requiring urgent individual
measures or revealing important structural problems," the Council of
Europe's Department for the Execution of Judgments of the European Court of
Human Rights notes.

All three decisions became final in 2020 (three months after they were
adopted) and relate to violations of the rights of Jehovah's Witnesses.

In the case of Mammadov and others v. Azerbaijan (Application No.
14604/08), which became final in January 2020
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2567__;!!LIr3w8kk_Xxm!42O3xXfMTaluNbjtOO_YNrsO3wquV6jYk9SdBBLNvZJxR9Nxf_i_bGVVt_fZwA$
), the ECtHR found that
Azerbaijan had violated individuals' rights by failing to allow them to opt
out of compulsory military service and choose to do an alternative civilian
service. The Council of Europe's Department for the Execution of Judgments
of the European Court of Human Rights notes that the issue raised by the
judgment is both a "complex problem" and a "structural problem".

In the case of Religious Community of Jehovah's Witnesses v. Azerbaijan
(Application No. 52884/09), which became final in June 2020
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2546__;!!LIr3w8kk_Xxm!42O3xXfMTaluNbjtOO_YNrsO3wquV6jYk9SdBBLNvZJxR9Nxf_i_bGX1vg814A$
), the ECtHR found that
Azerbaijan had violated individuals' rights by banning Jehovah's Witness
publications under the country's compulsory prior censorship of all
religious literature. The Council of Europe's Department for the Execution
of Judgments of the European Court of Human Rights notes that the issue
raised by the judgment is a "complex problem".

In the case of Nasirov and Others v. Azerbaijan (Application No. 58717/10),
which became final in June 2020
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2605__;!!LIr3w8kk_Xxm!42O3xXfMTaluNbjtOO_YNrsO3wquV6jYk9SdBBLNvZJxR9Nxf_i_bGUZIe3B-Q$
), the ECtHR found that
Azerbaijan had violated individuals' rights by punishing individuals for
sharing their faith in public. The Council of Europe's Department for the
Execution of Judgments of the European Court of Human Rights notes that the
issue raised by the judgment is a "complex problem".

15 known cases awaiting ECtHR decision

The ECtHR in Strasbourg has already completed 49 cases from Azerbaijan
submitted since 2004 related to violations of freedom of religion or belief
and inter-related rights.

The 15 known remaining ECtHR cases related to the Azerbaijani government's
violations of freedom of religion or belief – submitted between 2012 and
2020 - cover a wide range of violations. Of these, 10 were lodged by
Muslims and 5 by Jehovah's Witnesses. Some cases cover more than one
violation (such as police seizing religious literature during a raid on a
meeting for worship):

- Jailed for leading prayers (1 case involving 1 individual applicant)

- Punished for conscientious objection (2 cases involving 2 individual
applicants)

- Police raids on meetings for worship (9 cases involving 12 individual
applicants and 1 community)

- Unlawful house search (1 case involving 1 individual applicant)

- State censorship of religious literature (1 case involving 1 individual
applicant)

- Registration denial (1 case involving 2 individual applicants and 1
community)

ECtHR: Jailed for leading prayers

1) Babayev v. Azerbaijan (Application No. 34015/17). Police arrested Shia
Muslim Imam Sardar Babayev in February 2017 and a court jailed him in July
2017 for three years for leading prayers in a mosque having gained his
religious education outside Azerbaijan. He initially brought the case to
challenge his pre-trial detention, but his lawyer updated the case after
his sentence
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2353__;!!LIr3w8kk_Xxm!42O3xXfMTaluNbjtOO_YNrsO3wquV6jYk9SdBBLNvZJxR9Nxf_i_bGWdXEjkNQ$
). The
ECtHR asked the government questions
(https://urldefense.com/v3/__https://hudoc.echr.coe.int/eng?i=001-186531__;!!LIr3w8kk_Xxm!42O3xXfMTaluNbjtOO_YNrsO3wquV6jYk9SdBBLNvZJxR9Nxf_i_bGVB9f380A$
) about the case on 4 September
2018. "The government gave its comments, they were sent to us and we in
turn gave our comments," his lawyer Javad Javadov told Forum 18 in March
2020
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2557__;!!LIr3w8kk_Xxm!42O3xXfMTaluNbjtOO_YNrsO3wquV6jYk9SdBBLNvZJxR9Nxf_i_bGVYMlId3Q$
). He said they
are now waiting for the ECtHR to give its judgment.

ECtHR: Punished for conscientious objection

1) Mehdiyev v. Azerbaijan (Application No. 52773/19). Emil Mehdiyev refused
to perform military service on grounds of conscience and offered to do an
alternative civilian service (which does not exist in Azerbaijan). In July
2018, Barda District Court convicted him and handed down a one-year
suspended prison term, and required that he live under probation for one
year. Ganca Appeal Court rejected his appeal in October 2018. The Supreme
Court rejected his final appeal in April 2019
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2473__;!!LIr3w8kk_Xxm!42O3xXfMTaluNbjtOO_YNrsO3wquV6jYk9SdBBLNvZJxR9Nxf_i_bGV35KkPzw$
). He filed his appeal
to the ECtHR on 7 October 2019. The ECtHR has not yet asked the government
questions about the case.

2) Abilov v. Azerbaijan (Application No. 54768/19). Vahid Abilov refused to
perform military service on grounds of conscience and offered to do an
alternative civilian service (which does not exist in Azerbaijan). In
September 2018, Agdam District Court found him guilty and sentenced him to
a one-year suspended prison term. Ganca Appeal Court rejected his appeal in
October 2018. The Supreme Court rejected his final appeal in April 2019
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2473__;!!LIr3w8kk_Xxm!42O3xXfMTaluNbjtOO_YNrsO3wquV6jYk9SdBBLNvZJxR9Nxf_i_bGV35KkPzw$
). He filed his appeal
to the ECtHR on 17 October 2019. The ECtHR has not yet asked the government
questions about the case.

ECtHR: Police raids on meetings for worship

1) Niftaliyev and Others v. Azerbaijan (Application No. 561/12). In June
2011, police raided a Jehovah's Witness meeting for worship in Yegana
Gahramanova's home in Ganca. A court fined Gahramanova, as well as Rashad
Niftaliyev, Rana Sadigova and Teymur Valiyev (though his fine was reduced
to a warning because of his disability)
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=1604__;!!LIr3w8kk_Xxm!42O3xXfMTaluNbjtOO_YNrsO3wquV6jYk9SdBBLNvZJxR9Nxf_i_bGXLWEsdkQ$
) for an "illegal"
religious meeting. The Baku Jehovah's Witness community joined the
application to the ECtHR. The ECtHR asked the government questions
(https://urldefense.com/v3/__https://hudoc.echr.coe.int/eng?i=001-175874__;!!LIr3w8kk_Xxm!42O3xXfMTaluNbjtOO_YNrsO3wquV6jYk9SdBBLNvZJxR9Nxf_i_bGXbkKqMmA$
) about the case on 6 July
2017. The ECtHR received all submissions from both parties by 7 February
2018 and the case is awaiting an ECtHR decision.

2), 3), 4), 5), 6), 7), 8) Alakbarov v. Azerbaijan (Application No.
55503/15); Ismayilov v. Azerbaijan (Application No. 55507/15); Jabrayilov
v. Azerbaijan (Application No. 55510/15); Sabuhi Mammadov v. Azerbaijan
(Application No. 55512/15); Huseynov v. Azerbaijan (Application No.
55520/15); Gasimov v. Azerbaijan (Application No. 55524/15); and Yunusov v.
Azerbaijan (Application No. 55531/15). In June 2015, police and officials
raided Sabuhi Mammadov's home in Gadabay where Muslims who study Said
Nursi's works were meeting. A court fined Mammadov for organising an
"illegal" religious meeting, while Emin Alakbarov, Javanshir Ismayilov,
Elmir Jabrayilov, Samir Huseynov, Rovshan Gasimov and Parvin Yunusov were
among 13 others fined for "hooliganism"
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2080__;!!LIr3w8kk_Xxm!42O3xXfMTaluNbjtOO_YNrsO3wquV6jYk9SdBBLNvZJxR9Nxf_i_bGWN3FW1VQ$
). The ECtHR asked the
government questions
(https://urldefense.com/v3/__https://hudoc.echr.coe.int/eng?i=001-176039__;!!LIr3w8kk_Xxm!42O3xXfMTaluNbjtOO_YNrsO3wquV6jYk9SdBBLNvZJxR9Nxf_i_bGXD7lxGtA$
) about
the seven cases on 11 July 2017.

ECtHR: Unlawful house search

1) Miragayev v. Azerbaijan (Application No. 29550/14). In May 2012 police
and National Security Ministry (NSM) secret police raided Zeka Miragayev's
Baku home
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=1719__;!!LIr3w8kk_Xxm!42O3xXfMTaluNbjtOO_YNrsO3wquV6jYk9SdBBLNvZJxR9Nxf_i_bGXA30G2ag$
). They
confiscated 30 copies of the Koran, 24 other books (including some by Said
Nursi), a computer and a small sum of money. He failed through the local
courts to have the raid and confiscations of his religious literature
declared illegal. The application concerns the allegedly unlawful search of
the applicant's flat. The applicant also complains that he was not duly
notified of the hearing before the Supreme Court. The ECtHR asked the
government questions
(https://urldefense.com/v3/__https://hudoc.echr.coe.int/eng?i=001-187776__;!!LIr3w8kk_Xxm!42O3xXfMTaluNbjtOO_YNrsO3wquV6jYk9SdBBLNvZJxR9Nxf_i_bGW3Cull6g$
) about
the case on 24 October 2018.

ECtHR: State censorship of religious literature

1) Miriyev v. Azerbaijan (Application No. 1717/20). In February 2018, the
State Committee for Work with Religious Organisations banned the
publication and distribution in Azerbaijan on theological grounds of the
book "Things Not Existing in Islam" by Muslim theologian Elshad Miri (also
known as Miriyev). On 20 December 2019, after failing to overturn the ban
through the local courts
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2490__;!!LIr3w8kk_Xxm!42O3xXfMTaluNbjtOO_YNrsO3wquV6jYk9SdBBLNvZJxR9Nxf_i_bGW8GUm7CQ$
), Miri lodged a case
in the ECtHR. The ECtHR has not yet asked the government questions about
the case.

ECtHR: Registration denial

1) Moroz and Others v. Azerbaijan (Application No. 49264/12). The State
Committee for Work with Religious Organisations rejected the application
for state registration which a Jehovah's Witness community in Baku lodged
in 2009. The community challenged what it regarded as an unjust and
arbitrary registration denial. After nearly two years of legal hearings, in
February 2012 Jehovah's Witnesses finally lost their case in the Supreme
Court
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2081__;!!LIr3w8kk_Xxm!42O3xXfMTaluNbjtOO_YNrsO3wquV6jYk9SdBBLNvZJxR9Nxf_i_bGVa95M69w$
), when Leonid
Moroz, another community member and the Baku community itself lodged their
ECtHR application. The ECtHR has not yet asked the government questions
about the case. (END)

Full reports on freedom of thought, conscience and belief in Azerbaijan
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?query=&religion=all&country=23__;!!LIr3w8kk_Xxm!42O3xXfMTaluNbjtOO_YNrsO3wquV6jYk9SdBBLNvZJxR9Nxf_i_bGWVdcl02g$
)

For more background, see Forum 18's Azerbaijan religious freedom survey
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2429__;!!LIr3w8kk_Xxm!42O3xXfMTaluNbjtOO_YNrsO3wquV6jYk9SdBBLNvZJxR9Nxf_i_bGX9cMN20g$
)

Forum 18's compilation of Organisation for Security and Co-operation in
Europe (OSCE) freedom of religion or belief commitments
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=1351__;!!LIr3w8kk_Xxm!42O3xXfMTaluNbjtOO_YNrsO3wquV6jYk9SdBBLNvZJxR9Nxf_i_bGV8dAj0Pg$
)

Follow us on Twitter @Forum_18
(https://urldefense.com/v3/__https://twitter.com/forum_18__;!!LIr3w8kk_Xxm!42O3xXfMTaluNbjtOO_YNrsO3wquV6jYk9SdBBLNvZJxR9Nxf_i_bGU1c_h35g$
)

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)

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