Mammadov v. Azerbaijan

How many judgments does one need to enforce a judgment? The first ever infringement proceedings at the European Court of Human Rights.

Guest Blogger Implementation judgments, Infringement proceedings, Mammadov v. Azerbaijan

By Kanstantsin Dzehtsiarou (University of Liverpool)

The Grand Chamber of the European Court of Human Rights (ECtHR) delivered its first ever judgment in an infringement procedure request (under Article 46-4 ECHR) in the case of Mammadov v Azerbaijan. The applicant in this case was an opposition leader from Azerbaijan who was put in prison contrary to Articles 5-1c and 18 ECHR. The Court confirmed that acquittal of the applicant was the only individual measure capable to remedy this violation. In so doing, the Court has effectively made the only decision that was politically plausible, namely it agreed with the Committee of Ministers that the judgment in the first Mammadov case was not executed properly. I have argued that this was the only possible solution in my previous blog post on the issue. The Court made it clear that the Committee of Ministers has quite broad competencies in interpreting the judgments of the ECtHR. Başak Çalı has written a good blog post analysing the substance of this decision. So, to avoid repetition I am going to focus on a few points which I found important not only for this judgment in particular but also for the future of the procedure pursuant to Article 46-4 ECHR if the Committee of Ministers ever requests a new judgment. Continue reading →

Mammadov v. Azerbaijan: It Is about Effectiveness of the Strasbourg System.

Guest Blogger Infringement proceedings, Mammadov v. Azerbaijan, Uncategorized

By Kanstantsin Dzehtsiarou (University of Liverpool)

Infringement proceedings: the question of legitimacy

In 2010, when Protocol 14 entered into force, it amended Article 46 of the European Convention on Human Rights (ECtHR). Section 4 was added to this Article. It empowered the Committee of Ministers of the Council of Europe to initiate infringement proceedings before the Grand Chamber of the ECtHR. On 5 December 2017, the Committee of Ministers chose to use this procedure for the first time in history and referred the case of Ilgar Mammadov v Azerbaijan to the Court. The Grand Chamber of the ECtHR must now decide whether Azerbaijan has indeed failed to fulfil its obligations under the Convention. Continue reading →

The Committee of Ministers goes nuclear: infringement proceedings against Azerbaijan in the case of Ilgar Mammadov

Guest Blogger Implementation judgments, Infringement proceedings, Mammadov v. Azerbaijan

By Lize R. Glas, assistant professor of European law, Radboud University

For over seven years, the Committee of Ministers (Committee) has had at its disposal the ‘nuclear option’ of launching infringement proceedings against a state that refuses to execute a Strasbourg judgment. On 5 December 2017, it decided to go nuclear for the first time, in the case of Mammadov v. Azerbaijan. Continue reading →

Protestor’s arrest and conviction for disobeying a police order violated Article 11

Ronan Ó Fathaigh Freedom of peaceful assembly, Mammadov v. Azerbaijan

By Ronan Ó Fathaigh

The European Court’s First Section has unanimously held that a protestor’s arrest and conviction for failing to obey a police order violated his Article 11 right to freedom of assembly, despite the demonstration being unlawful. The First Section’s opinion in Mammadov v. Azerbaijan tackled the difficult issue of how police officers are supposed to respond to unlawful demonstrations, and whether protestors who participate in such demonstrations, but remain peaceful, may still be arrested.

Continue reading →