Non-Implementation of the ECHR Judgment by Azerbaijan Will Not Remain Without Consequences

• 10.28.2017, 14:15
• Greta Avetisyan
•  Region,  "Insight" Analytical Center ,  World,  Analytics

For the first time of its history the Council of Europe may 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. A reason for launching such a procedure is that Azerbaijan did not implement the ECHR decision on "Ilgar Mammadov against Azerbaijan" case.

Azerbaijan's behavior not to carry out its commitments and ignore them is hardly new to anyone. We have witnessed many times that even the agreements reached at the highest level become void in very short time, creating instability.

It is clear that the ECHR decision, which states that by detaining Mamedov, Azerbaijan violated a number of provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms and must release the latter, is in no way in the interests of Azerbaijan. Most likely, taking into account the effectiveness of caviar diplomacy, the Azerbaijani authorities hoped to bypass this decision, which, however, did not succeed. It should be recalled that recently a number of developments around Azerbaijan's caviar diplomacy and human rights situation in the country took place (the scandal around Agramunt, the disclosure of the Azerbaijani laundry, the adoption of two resolutions on Azerbaijan by PACE), and the Council of Europe's decision became the logical continuation of these developments.

It should be reminded that on October 25 the Council of Europe adopted an Interim Resolution, which says that the committee gave Azerbaijan until 29 November to submit its view on the issue in writing. Unless the judgment is implemented in the meantime, a further Interim Resolution sending the case back to the European Court of Human Rights will be discussed by the Committee of Ministers on 5 December.

It is noteworthy that this process can serve as a basis for suspension of Azerbaijan's accession to the Council of Europe, but its probability is not high considering the importance of Azerbaijan for Europe. This country is viewed as one of the alternative sources of energy resources for Europe. As for Aliev's comment that he is ready to break ties with the Council of Europe as it changes nothing in their lives, this should be viewed as another "blackmail" of Europe.