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The representatives of the 47 Member States of the Council of Europe examined the implementation of the judgments of the European Court of Human Rights (ECHR) at the “Human Rights” meeting of the Committee of Ministers held on 19-21 September. The meeting agenda also featured the 2014 ECHR judgement on the case Ilgar Mammadov v. Azerbaijan.

As a result of the discussions, the CoE has adopted an unprecedented decision over the case, giving one month to Azerbaijan to release Ilgar Mammadov, otherwise Azerbaijan may face withdrawal from the Council of Europe.

The decision cites the ECHR judgement, noting the actual purpose of Mammadov’s arrest was to silence or punish him for criticising the government. The Committee of Ministers also cites the previous decisions and interim resolutions on the case, in particular, the firm determination to ensure the implementation of this judgment by actively considering using all the means at the disposal of the Organisation.

The Committee expresses their gravest concern that, almost three years after the court’s judgment became final, Mr Mammadov remains imprisoned. Therefore, the CoE Secretariat has been instructed to prepare a draft interim resolution giving formal notice to Azerbaijan, as provided for under Article 46 § 4 of the Convention, of the Committee’s intention to bring before the Court the question whether Azerbaijan has failed to fulfil its obligation under Article 46 § 1 for consideration at their 1298th (25 October 2017) meeting, should no tangible progress be made in ensuring the applicant’s release.

After this decision was adopted, the Azerbaijan media began disseminating information on Ilgar Mammadov’s release, which, however, was refuted by the Azerbaijani ministry of justice.

To remind, Ilgar Mammadov was arrested in 2013, on charges of organizing mass disorder in Azerbaijani town of Ismayilli on 23-24 January. Mammadov was sentenced to seven years in prison by Sheki Court in Baku in March 2014.