A lawyer met with the leader of the Republican Alternative Movement (REAL) Ilgar Mammadov in jail. “Ilgar Mammadov asked to bring to the public two thoughts: the first one is – the draft amendments proposed by the authorities to the Criminal Code does not ensure the implementation of the decision of the European Court of Human Rights on his release from prison. That is, the requirements of the ECHR and the Committee of Ministers of the Council of Europe on the unconditional, immediate release of Ilgar Mammadov,” said the lawyer. The second message from Mammadov was his refusal from other lawyers – Javad Javadov and Shahla Humbatova. At this stage, Mammadov refuses the services of other lawyers, highly appreciating their work and dedication. Just now there is no need for the services of other lawyers, he believes.
Speaking about the meeting itself, the lawyer noted that he had discussed further tactics of defense. “Ilgar Mammadov reacted with understanding to the decision of the Committee of Ministers of the Council of Europe, which gave time to Azerbaijan for his release,” Agayev said. As for the health of Mammadov, according to the lawyer, he has no complaints.
The Committee of Ministers of the Council of Europe on the results of the meeting on 19-21 September instructed the Secretariat to prepare a draft interim resolution on the case of Mammadov. It will contain an official notification to Azerbaijan of the intention of the Committee of Ministers to submit to the European Court the question of not fulfilling its obligation under Article 46 § 1 (failure to comply with the European Court’s decision) of the European Convention. The resolution will be submitted to the meeting of the committee on October 25, 2017, if by that time there will be no tangible progress in the release of Mammadov.
The essence of the application of Article 46 is that the Committee of Ministers conveys the question of not enforcing the decision of the ECHR in the court itself. If the latter comes to the conclusion that there is no execution and it is not legally justified, the matter is again submitted to the Committee of Ministers for taking appropriate measures in connection with the country’s failure to meet its obligations to the organization.
The leader of the REAL Movement, Ilgar Mammadov, was arrested in connection with the riots in the city of Ismayilli on January 23-24, 2013. Despite arriving in the city after restoring calm, Mammadov was accused of organizing riots, resisting the police and sentenced to 7 years in prison.
In May 2014, the ECHR ruled that the arrest and detention of Ilgar Mammadov violated many provisions of the European Convention on Human Rights, including articles 5.1, 5.4 and 6.2 on the right to liberty and security of person, the right to a fair trial and the principle of presumption innocence, etc. The court concluded that Ilgar Mammadov was detained without any evidence (Turan.az)