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The European Court of Human Rights (ECHR) is to examine whether Azerbaijan has refused to abide by the ECHR’s judgment in the case of imprisoned opposition politician Ilgar Mammadov, the first use of a new infringement procedure, read the press release issued by the Court.

To remind, the court ruled in May 2014 that the arrest and extended detention of Mr Mammadov, an opposition politician, was in violation of several articles of the European Convention on Human Rights. The court found, in particular, that the actual purpose of his prosecution and detention was to silence or punish him for criticising the government, in violation of Article 18 of the convention. To date the court has found a violation of Article 18 in only five judgments and in all of these cases, except Ilgar Mammadov v. Azerbaijan, the applicants were released.

However, more than three years later, Mr Mammadov remains in prison.

The Committee of Ministers decided in October, for the first time, to launch a procedure introduced in 2010 according to which a case can be referred back to the European Court of Human Rights to decide whether its non-implementation is a further violation of the convention.

The ECHR will consider the question as a Grand Chamber, its highest judicial formation. The Committee of Ministers and the parties concerned will be able to submit written comments in accordance with a deadline set by the President of the Grand Chamber. The Grand Chamber might also decide to hold a hearing. If the Grand Chamber finds a violation because Azerbaijan has failed to abide by the ECHR’s judgment of 2014 in the case, it will refer the case back to the Committee of Ministers for consideration of the measures to be taken.