F18News: AZERBAIJAN: A Strasbourg Court decision alone "is not enough for justice"

FORUM 18 NEWS SERVICE, Oslo, Norway
https://urldefense.com/v3/__https://www.forum18.org/__;!!LIr3w8kk_Xxm!9Cv_Ay4AUAnPFP_0u7yY0GNVqQvsbgUtr4xWCWRqFU5YG1auFtlFbZH0wvmlTA$
 

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

=================================================

Tuesday 
AZERBAIJAN: A Strasbourg Court decision alone "is not enough for justice"

After the latest European Court of Human Rights (ECtHR) decisions that
Azerbaijan violated freedom of religion and belief, the regime is imposing
more restrictions in Religion Law changes. "The decision of the Court alone
is not enough for justice," a lawyer who wished to remain anonymous for
fear of state reprisals told Forum 18. "The government's failure to fulfil
its ECtHR obligations is a serious issue," says another lawyer, Asabali
Mustafayev. "The Council of Europe and other international organisations
are not insistent enough, so the government gets away with flouting [its
obligations]."

AZERBAIJAN: A Strasbourg Court decision alone "is not enough for justice"
https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2664__;!!LIr3w8kk_Xxm!9Cv_Ay4AUAnPFP_0u7yY0GNVqQvsbgUtr4xWCWRqFU5YG1auFtlFbZFXww3lYw$
 
By Felix Corley, Forum 18

In decisions issued between April and June, both the United Nations Human
Rights Committee and the European Court of Human Rights in Strasbourg
(ECtHR) have again instructed the Azerbaijani regime to pay compensation to
those whose freedom of religion and belief it had violated. In line with
Azerbaijan's legally-binding international human rights obligations, the
decisions of both the Human Rights Committee and the ECtHR require the
regime to change its laws and practices so that freedom of religion and
belief violations cannot recur.

"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 ["Freedom of thought,
conscience and religion"] of the Covenant [on Civil and Political Rights]
may be fully enjoyed in the State party," the 26 April UN Human Rights
Committee decision (CCPR/C/131/D/2805/2016) declares in wording it has used
in earlier similar decisions. The decision echoes the call in the November
2016 Concluding Observations on Azerbaijan's report to the UN Human Rights
Committee (see below).

Similarly, the European Court of Human Rights in Strasbourg (ECtHR) has
repeatedly stated that "a judgment in which the Court finds a breach of the
[European Convention on Human Rights] or its Protocols imposes on the
respondent State a legal obligation not just to pay those concerned the
sums awarded by way of just satisfaction, but also to choose, subject to
supervision by the Committee of Ministers, the general and/or, if
appropriate, individual measures to be adopted in their domestic legal
order to put an end to the violation found by the Court and to redress so
far as possible the effects" (see below).

Instead, the regime is imposing more restrictions on freedom of religion or
belief. Religion Law amendments adopted in Parliament on 4 May – and
awaiting presidential signature – would give the State Committee for Work
with Religious Organisations a veto over non-Islamic religious communities'
appointment of leaders, and a say in reviewing the appointments of Muslim
clerics every five years.

Among other restrictions, only communities with a religious centre
(headquarters) – requiring five state-registered communities in different
locations – would be allowed to apply to have foreign citizens as
religious leaders, establish religious educational establishments, or
organise visits by their adherents abroad (see below).

The Religion Law changes do not remove any of the restrictions which led to
the violations found by the UN Human Rights Committee or ECtHR (see below).

A lawyer in Azerbaijan who wished to remain anonymous for fear of state
reprisals is among those who think the Council of Europe – of which the
ECtHR is a part – must do more to ensure that the regime fulfils its
obligations following judgements that it has violated human rights. "The
Council of Europe must launch enforcement mechanisms, as the decision of
the court alone is not enough for justice. Only the court decision together
with an enforcement mechanism can be fair", he told Forum 18 on 15 June
(see below).

Another lawyer who has taken freedom of religion or belief cases to the
ECtHR agrees. "Demands on the government from outside are too weak,"
Asabali Mustafayev told Forum 18 on 15 June. "The Council of Europe and
other international organisations are not insistent enough, so the
government gets away with flouting [its obligations]" (see below).

In a decision made public on 26 April, the United Nations (UN) Human Rights
Committee found that "by arresting, detaining, convicting and fining [six
Jehovah's Witnesses in 2013] for possessing religious literature and
holding a peaceful religious service in a private home, the State party
[Azerbaijan] violated their rights under article 18 (1) ["Freedom of
thought, conscience and religion"] of the [International Covenant on Civil
and Political Rights]".

The Committee ruled that Azerbaijan had violated the Jehovah's Witnesses'
rights, ordered an "effective remedy" for each (including reimbursement of
the large fines handed down on five of them and any court fees) and
instructed the regime to amend laws and practice to avoid future violations
(see below).

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

Meanwhile, the European Court of Human Rights (ECtHR) issued decisions in
May and June 2021 finding that Azerbaijan had violated human rights in
eight freedom of religion or belief cases, and ordering that the victims be
paid compensation and costs. Nine known freedom of religion and belief
cases remain before the ECtHR (see forthcoming F18News article).

"Taking individual action .. so as not to have to change legislation and
practice"

Eldar Zeynalov of the Human Rights Centre of Azerbaijan notes that,
following ECtHR judgments against it, the regime "usually confines itself
to taking individual action on specific complaints so as not to have to
change legislation and practice as a whole".

"It is easier a couple of times a year to buy off those few complainants
who manage to get to the European Court than to change the well-established
system that suits the authorities," Zeynalov told Forum 18 from Baku in
March. "And if it is possible to do this without bringing the essence of
the problem to public consideration at all, this is ideal for the
government. And this is exactly what happens when concluding friendly
settlements or when the ECtHR accepts a unilateral declaration from the
government." 
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2647__;!!LIr3w8kk_Xxm!9Cv_Ay4AUAnPFP_0u7yY0GNVqQvsbgUtr4xWCWRqFU5YG1auFtlFbZFFyfkdKA$
 )

After nine ECtHR cases were concluded in September 2020, when the regime
admitted it violated freedom of religion or belief and the ECtHR closed the
cases, lawyer Khalid Agaliyev made the same point to Forum 18. He noted
that, despite many ECtHR judgments against Azerbaijan, "we don't see any
follow-up from these judgments. We want the general human rights situation
to change under the influence of these judgments. Unfortunately, this is
not happening" 
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2605__;!!LIr3w8kk_Xxm!9Cv_Ay4AUAnPFP_0u7yY0GNVqQvsbgUtr4xWCWRqFU5YG1auFtlFbZGKl3cZNw$
 ).

The ECtHR has repeatedly stated that "a judgment in which the Court finds a
breach of the [European Convention on Human Rights] or its Protocols
imposes on the respondent State a legal obligation not just to pay those
concerned the sums awarded by way of just satisfaction, but also to choose,
subject to supervision by the Committee of Ministers, the general and/or,
if appropriate, individual measures to be adopted in their domestic legal
order to put an end to the violation found by the Court and to redress so
far as possible the effects" (see Scozzari and Giunta v. Italy, Application
Nos. 39221/98 and 41963/98).

Following the September 2020 ECtHR judgment in the case of Religious
Community of Jehovah's Witnesses v. Azerbaijan (Application No. 12739/13),
the victims told the Court in a letter of 9 December 2019 that "the issues
raised .. 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
[European Convention on Human Rights]"
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2605__;!!LIr3w8kk_Xxm!9Cv_Ay4AUAnPFP_0u7yY0GNVqQvsbgUtr4xWCWRqFU5YG1auFtlFbZGKl3cZNw$
 ).

Asabali Mustafayev, the lawyer who represented seven Muslims whose cases
were decided on 3 September 2020, told Forum 18 that they had tried "to
have the government commit to its obligations to take general measures that
such violations could not recur in future. But here the government has
simply admitted a violation but has not taken any obligation on itself"
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2605__;!!LIr3w8kk_Xxm!9Cv_Ay4AUAnPFP_0u7yY0GNVqQvsbgUtr4xWCWRqFU5YG1auFtlFbZGKl3cZNw$
 ).

Following the May and June 2021 ECtHR decisions, Mustafayev noted that on
many cases the government fails to fulfil its obligations. He repeated his
regret at the government's failure to change laws and practices to prevent
new violations.

"The government's failure to fulfil its ECtHR obligations is a serious
issue for Azerbaijan," Mustafayev told Forum 18 on 15 June. "Demands on the
government from outside are too weak. The Council of Europe and other
international organisations are not insistent enough, so the government
gets away with flouting [its obligations]."

Another lawyer in Azerbaijan was equally pessimistic. "At present, the
government offers only compensation for the decisions of the European Court
of Human Rights," the lawyer – who asked not to be identified for fear of
state reprisals – told Forum 18 on 15 June. "This is the case in all
decisions and is a common policy. The Council of Europe must launch
enforcement mechanisms, as the decision of the court alone is not enough
for justice. Only the court decision together with an enforcement mechanism
can be fair."

Enhanced supervision

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 
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2605__;!!LIr3w8kk_Xxm!9Cv_Ay4AUAnPFP_0u7yY0GNVqQvsbgUtr4xWCWRqFU5YG1auFtlFbZGKl3cZNw$
 ), 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,"
(https://urldefense.com/v3/__https://www.coe.int/en/web/execution/the-supervision-process__;!!LIr3w8kk_Xxm!9Cv_Ay4AUAnPFP_0u7yY0GNVqQvsbgUtr4xWCWRqFU5YG1auFtlFbZEDY1OY0Q$
 ) 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!9Cv_Ay4AUAnPFP_0u7yY0GNVqQvsbgUtr4xWCWRqFU5YG1auFtlFbZElxDAarA$
 )), the
ban on all exercise of freedom of religion and belief outside a
state-registered religious community's address, and compulsory prior state
censorship of religious texts
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2429__;!!LIr3w8kk_Xxm!9Cv_Ay4AUAnPFP_0u7yY0GNVqQvsbgUtr4xWCWRqFU5YG1auFtlFbZHl2jUXeA$
 ).

ECtHR cases on which Council of Europe is conducting "enhanced supervision"
require states to submit Action Plans or Action Reports. Azerbaijan does
not appear to have submitted any such documents to the Council of Europe in
any cases since September 2019.

ECtHR judgment, compensation, but no return of books

In December 2020, the ECtHR found that the regime had violated Shukran
Mammadov's rights 
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2647__;!!LIr3w8kk_Xxm!9Cv_Ay4AUAnPFP_0u7yY0GNVqQvsbgUtr4xWCWRqFU5YG1auFtlFbZFFyfkdKA$
 )
(Application No. 7308/12 
(https://urldefense.com/v3/__http://hudoc.echr.coe.int/eng?i=001-206272__;!!LIr3w8kk_Xxm!9Cv_Ay4AUAnPFP_0u7yY0GNVqQvsbgUtr4xWCWRqFU5YG1auFtlFbZE6q8eQsg$
 )) and
ordered that the government pay him compensation. The government has paid
the compensation, but Mammadov is still unable to get back religious books
seized from him, his lawyer Mustafayev complained to Forum 18.

Mammadov had legally bought the more than 100 books – from Muslim
theologian Said Nursi's "Risale-i Nur" collection – in a bookshop in
Baku. Police seized the books in a raid on his home in Ujar in July 2007
and handed them to the State Committee for censorship. The State Committee
has given varying opinions of Nursi's works over the years, at times
banning them and others declaring that individuals can import limited
quantities 
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=1964__;!!LIr3w8kk_Xxm!9Cv_Ay4AUAnPFP_0u7yY0GNVqQvsbgUtr4xWCWRqFU5YG1auFtlFbZFuC_adyg$
 ).

Mammadov unsuccessfully brought legal challenges to recover his books, but
ultimately lost his case at the Supreme Court in August 2012. He revived
his attempt to get them back after the ECtHR decision in December 2020
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=1522__;!!LIr3w8kk_Xxm!9Cv_Ay4AUAnPFP_0u7yY0GNVqQvsbgUtr4xWCWRqFU5YG1auFtlFbZFXYIKYyA$
 ).

"Shukran wrote to the government about the books, but there was no
response," lawyer Mustafayev noted. The Justice Ministry's Chief Bailiff's
Department telephoned Mammadov in Spring 2021 asking for copies of local
court and ECtHR decisions. "We had a feeling they were ready to resolve
this, but there has been no action since. They didn't say where the books
are being held – maybe they've been destroyed." 

In early June, Mammadov wrote to Chingiz Asgarov, the government's
representative to the ECtHR, but has again received no response. Lawyer
Mustafayev told Forum 18 that Mammadov plans to write to the Committee of
Ministers of the Council of Europe if the government fails to hand back his
books.

The telephone of Ilqar Jafarov, head of the Justice Ministry's Chief
Bailiff's Department, went unanswered each time Forum 18 called on 15 June.

Religion Law amendments ignore legally-binding UN and ECtHR requirements

The 26 April 2021 UN Human Rights Committee decision
(CCPR/C/131/D/2805/2016) in the case of six Jehovah's Witnesses (see below)
is clear about Azerbaijan's obligation.

"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," the decision declares in wording it has
used in earlier similar decisions
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2647__;!!LIr3w8kk_Xxm!9Cv_Ay4AUAnPFP_0u7yY0GNVqQvsbgUtr4xWCWRqFU5YG1auFtlFbZFFyfkdKA$
 ). It also instructed
Azerbaijan to inform it of steps it would take within 180 days.

As well as echoing legally-binding ECtHR requirements, the UN Human Rights
Committee decision also echoes 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!9Cv_Ay4AUAnPFP_0u7yY0GNVqQvsbgUtr4xWCWRqFU5YG1auFtlFbZGEdAYLXg$
 )), that Azerbaijan
"should bring its legislation, including the law on freedom of religious
belief, into conformity with article 18 of the Covenant".

Instead, the regime is imposing more restrictions on freedom of religion or
belief 
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2653__;!!LIr3w8kk_Xxm!9Cv_Ay4AUAnPFP_0u7yY0GNVqQvsbgUtr4xWCWRqFU5YG1auFtlFbZEvDmoaJQ$
 ).

If signed into law, the Religion Law amendments adopted in Parliament on 4
May 2021 – and awaiting presidential signature – would introduce a new
requirement for the State Committee for Work with Religious Organisations
to approve the appointment of all non-Islamic religious leaders
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2653__;!!LIr3w8kk_Xxm!9Cv_Ay4AUAnPFP_0u7yY0GNVqQvsbgUtr4xWCWRqFU5YG1auFtlFbZEvDmoaJQ$
 ). Only the Caucasian
Muslim Board would be allowed to name Muslim clerics, but they would have
to undergo re-attestation every five years with the involvement of State
Committee officials.

The Religion Law amendments would close mosques and Islamic shrines when
they do not have a state-controlled Muslim Board-appointed leader
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2653__;!!LIr3w8kk_Xxm!9Cv_Ay4AUAnPFP_0u7yY0GNVqQvsbgUtr4xWCWRqFU5YG1auFtlFbZEvDmoaJQ$
 ). They would allow
non-Islamic communities to establish and apply for state registration of a
religious centre (headquarters), but only if they have at least five
registered communities in at least five different towns or districts. Most
non-Islamic communities would struggle to achieve this.

Non-Islamic communities without a "religious centre" would not be allowed
to grant religious titles or ranks to the clergy, and would have to apply
for permission to have foreign citizens as religious leaders, establish
religious educational establishments
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2653__;!!LIr3w8kk_Xxm!9Cv_Ay4AUAnPFP_0u7yY0GNVqQvsbgUtr4xWCWRqFU5YG1auFtlFbZEvDmoaJQ$
 ), or organise visits
by their adherents to shrines and religious locations abroad. Tighter
restrictions would be imposed on mass religious events outdoors.

The Religion Law changes do not remove any of the restrictions which led to
the violations found by the UN Human Rights Committee or ECtHR. Instead,
the changes add more restrictions which break the regime's legally-binding
international human rights obligations.

No plans to change law or practice to comply with binding legal
obligations?

The Presidential Administration prepared amendments to the Religion Law in
secret and handed them to parliament
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2653__;!!LIr3w8kk_Xxm!9Cv_Ay4AUAnPFP_0u7yY0GNVqQvsbgUtr4xWCWRqFU5YG1auFtlFbZEvDmoaJQ$
 ), the Milli Majlis,
apparently in early April. The draft amendments were only published on the
Milli Majlis website in the afternoon of 21 April, two days before their
first reading.

The Milli Majlis approved the Religion Law amendments – and corresponding
amendments to the Administrative Code – in the first reading on 23 April,
the second reading on 27 April and the final, third reading on 4 May. It
appears the text was unchanged in parliament.

The Religion Law and Administrative Code amendments were then sent to
President Ilham Aliyev to be signed into law. He has 56 days in which to
sign or return any Law to the Milli Majlis.

Forum 18 has been unable to find out if the regime has any plans to change
its law or practice to comply with its binding legal obligations outlined
by the UN Human Rights Committee and the ECtHR in Strasbourg. Telephones at
government offices were not answered on 14 June.

The telephone of Chingiz Asgarov, the Deputy Chair of the Supreme Court -
and the regime's Agent at the ECtHR – went unanswered each time Forum 18
called on 14 June.

The man who answered the phone of Gunduz Ismayilov, a Deputy Chair at the
State Committee for Work with Religious Organisations (which controls all
exercise of the right to freedom of religion or belief
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2429__;!!LIr3w8kk_Xxm!9Cv_Ay4AUAnPFP_0u7yY0GNVqQvsbgUtr4xWCWRqFU5YG1auFtlFbZHl2jUXeA$
 )), told Forum 18 on 14
June that he was on holiday. Other phones at the State Committee went
unanswered.

At least 66 cases since January 2001

In the more than 20 years since Azerbaijan joined the Council of Europe in
January 2001, individuals and communities until today () lodged
at least 66 cases to the ECtHR in Strasbourg over violations of the right
to freedom of religion or belief. Of these, 57 have now concluded at the
Court.

The latest eight ECtHR decisions – issued in May and June - leave nine
cases from Azerbaijan relating to violations of freedom of religion or
belief known to be awaiting an ECtHR decision. Of these cases – submitted
between 2012 and 2021 - 4 were lodged by Muslims, 4 by Jehovah's Witnesses,
and 1 by a Protestant (see full list in forthcoming F18News article).

Latest UN Human Rights Committee decision

The United Nations (UN) Human Rights Committee adopted a decision
(CCPR/C/131/D/2805/2016
(https://urldefense.com/v3/__https://tbinternet.ohchr.org/Treaties/CCPR/Shared*20Documents/AZE/CCPR_C_131_D_2805_2016_32660_E.docx__;JQ!!LIr3w8kk_Xxm!9Cv_Ay4AUAnPFP_0u7yY0GNVqQvsbgUtr4xWCWRqFU5YG1auFtlFbZEfx1qwKg$
 ))
on 25 March 2021 – made public on 26 April – in a case lodged in April
2016 by six Jehovah's Witnesses, Aziz Aliyev, Jeyhun Aliyev, Vagif Aliyev,
Gamar Aliyeva, Havva Aliyeva and Yevdokiya Sobko.

Police – some in uniform and some in plain clothes - raided the home of
the Aliyev family in Aliabad in the northern Zakatala District for several
hours in September 2013. Officers forced their way into the house, claiming
they had received a complaint that family members "preach religion" and
store illegal literature. Police insisted on searching the house against
the family's wishes, despite having no search warrant. They seized all the
literature they could find, including personal copies of the Bible from
family members and their two guests from Baku. They took the names of
family members present and their guests.

Police then took all the Jehovah's Witnesses to the police station. On the
way, the mother of the family Havva Aliyeva, suffered an epileptic attack.
She and her son were taken to hospital, where she was given an injection
and kept until the evening.

The rest of the Jehovah's Witnesses were held for several hours at the
police station in Zakatala, where one police officer insulted them for
their religious affiliation. Officers tried to force them to write
statements dictated by the police, but the Jehovah's Witnesses refused.
Officers told the detainees that they are terrorists, members of a
"dangerous sect", were traitors to their faith, were "mentally ill", and
should rot in prison.

The six were among eight Jehovah's Witnesses found guilty at Zakatala
District Court of violating the then Administrative Code Article 299.0.2.
This punished "violating legislation on holding religious meetings,
marches, and other religious ceremonies". In late November and early
December, seven of the eight were each fined 1,500 Manats, estimated at the
time to be the equivalent of about a year's salary for a local state
employee, such as a teacher. The court did not fine Havva Aliyeva, but gave
her an official warning.

In December 2013 and January 2014, Sheki Appeal Court rejected the appeals
by all eight 
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=1926__;!!LIr3w8kk_Xxm!9Cv_Ay4AUAnPFP_0u7yY0GNVqQvsbgUtr4xWCWRqFU5YG1auFtlFbZGsmVa41Q$
 ).

In its decision, the UN Committee ruled that "by arresting, detaining,
convicting and fining [the six Jehovah's Witnesses in 2013] for possessing
religious literature and holding a peaceful religious service in a private
home, the State party violated their rights under article 18 (1) ["Freedom
of thought, conscience and religion"] of the [International Covenant on
Civil and Political Rights]".

The Committee ruled that Azerbaijan had violated the Jehovah's Witnesses'
rights and ordered an "effective remedy" for each (including reimbursement
of the large fines handed down on five of them and any court fees). It also
instructed the regime to amend laws and practice to avoid future violations
(see above).

This is the third decision by the UN Human Rights Committee in Jehovah's
Witness cases finding that Azerbaijan had violated the right to exercise
freedom of religion or belief. The cases in October 2020 were Rahima
Huseynova v. Azerbaijan; and Saladdin Mammadov, Rashad Niftaliyev and
Sadagat Abbasova v. Azerbaijan
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2647__;!!LIr3w8kk_Xxm!9Cv_Ay4AUAnPFP_0u7yY0GNVqQvsbgUtr4xWCWRqFU5YG1auFtlFbZFFyfkdKA$
 ). 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.

The regime has paid compensation to all plaintiffs in recent ECtHR
judgments, a Jehovah's Witness told Forum 18 from Baku on 15 June. "For UN
Human Rights Committee decisions, government representatives and lawyers of
the complainants are still discussing the amount of compensation and other
terms," the Jehovah's Witness added. "So, for UN Human Rights Committee
decisions, the government hasn't paid compensation yet but it intends to."

Jehovah's Witnesses from Azerbaijan have six other freedom of religion or
belief cases pending with the UN Human Rights Committee. Four relate to
police raids on meetings for worship and two to speaking to others about
faith. (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!9Cv_Ay4AUAnPFP_0u7yY0GNVqQvsbgUtr4xWCWRqFU5YG1auFtlFbZF8kCxhfA$
 )

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!9Cv_Ay4AUAnPFP_0u7yY0GNVqQvsbgUtr4xWCWRqFU5YG1auFtlFbZHl2jUXeA$
 )

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!9Cv_Ay4AUAnPFP_0u7yY0GNVqQvsbgUtr4xWCWRqFU5YG1auFtlFbZG8GIvhtw$
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