Contact: Simon Palmer

Date: 11/03/2011

DH - DD(2011)169 1

Item reference: 1108th DH meeting (March 2011)

Communication from 32 NGOs in the case of Fatullayev against Azerbaijan (Application No. 40984/07).

Information made available under Rule 9.2 of the Rules of the Committee of Ministers for the supervision of the execution of judgments and of the terms of friendly settlements.

* * *

Référence du point : 1108e réunion DH (mars 2011)

Communication de 32 ONG dans l'affaire Fatullayev contre Azerbaïdjan (Requête n° 40984/07).

Informations mises à disposition en vertu de la Règle 9.2 des Règles du Comité des Ministres pour la surveillance de l’exécution des arrêts et des termes des règlements amiables.

Minister Ahmet Davutoğlu

Chairman of the Committee of Ministers

Council of Europe

F-67075 Strasbourg CEDEX


Via facsimile: +33 (0)3 90 21 55 54

Via e-mail:

    Copy to:

    Mr Simon Palmer

    Secretariat of the Committee of Ministers

    Council of Europe

    Via e-mail:

    Ms Geneviève Mayer and Ms Charlotte de Broutelles

    Directorate General of Human Rights and Legal Affairs

    Department for the Execution of Judgments of the European Court of Human Rights

    Council of Europe

    Via facsimile: +33 (0)3 88 41 27 93

    Via e-mail: and

    Mr Lukas Heim and Ms Anne Weber

    Office of the Commissioner for Human Rights

    Council of Europe

    Via facsimile: +33 (0)3 90 21 50 53

    Via e-mail: and

22 February 2011

NGO Submission under Rule 9.2 of the Rules of the Committee of Ministers for the supervision of the execution of judgments

Dear Minister Davutoğlu,

We are writing you in a support of Mr. Eynulla Fatullayev and his case against the Azerbaijani government. We thank you in the efforts that you made to secure the cancellation of the applicant’s criminal sentence following his further conviction for possession of drugs. We hope that the steps that we are taking will bring positive results and will have some influence on the Azerbaijani government.

As you may know, Fatullayev was initially convicted for libel in April 2007 in relation to an internet posting attributed to him but which he claims he did not write. Later in 2007, he was also sentenced for fomenting terrorism, inciting ethnic hatred and other criminal charges deriving from an article he wrote expressing legitimate opinion on Azerbaijan's foreign policy. Further, he was sentenced in the drug possession case. In April 2010 European Court on Human Rights considered that the only way for the Azerbaijani Government to implement the judgment in his case was to secure his immediate release from prison, an unusual step. Nevertheless the situation remains the same.

We are deeply concerned that Mr Fatullayev remains wrongfully imprisoned, as the Azerbaijani Government continues to refuse to comply with the Committee’s decision and the judgment of the European Court of Human Rights indicating that the Azerbaijani authorities had to release Mr Fatullayev in order to comply with their obligations under Article 46 of the Convention. As they have not done so, has failed to comply with its obligations under the European Convention on Human Rights. It is the obligation of the Committee of Ministers to supervise execution of this judgment (Article 46 § 2 ECHR).

We consider that case of the Mr. Fatullayev is a matter of essential priority and call on the Committee to include his case to the list of issues that will be discussed during the Committee’s next human rights meeting from 8-10 March. We hope that discussion of this item will contribute to securing his immediate release, which the Convention requires. We also urge the Committee of Ministers to take other steps to achieve his immediate release, including issuing a temporary resolution as an outcome of the 8-10 March meeting.

Sincerely yours,

Legal Education Society /Azerbaijan/, Intigam Aliyev, president

Democracy and Human Rights Resource Centre /Azerbaijan/, Asabali Mustafayev, chairman

Azerbaijan Lawyers Association /Azerbaijan/, Annagi Hajibeyli, president

Election Monitoring and Democracy Studies Center /Azerbaijan/, Anar Mammadli, chairman

Republicanist Alternative Movement /Azerbaijan/, Ilgar Mammadov, co-chairman

Political and Culture Center of Azerbaijani Women /Azerbaijan/, Mehriban Vazir, chairman

Democracy Monitor /Azerbaijan/, Fuad Hasanov, chairman

Centre for Economic & Political Researches /Azerbaijan/, Hikmet Hajizadeh, president

Religious Freedom Defence Organization /Azerbaijan/, Ilgar Ibrahimoglu, chairman

Azerbaijan Bureau of Human Rights and Law Respect /Azerbaijan/, Saida Gojamanli, director

Azerbaijan Public Association for Security and Defence /Azerbaijan/, Yashar Jafarli, president

Centre For Support For Economic Initiatives /Azerbaijan/, Azer Mehtiyev, chairman

Media Rights Institute, Rashid Hajili /Azerbaijan/, director

Center for National and International Studies /Azerbaijan/, Leyla Aliyeva, chairman

Azerbaijan National Committee for European Integration /Azerbaijan/, Malahat Murshudlu, chairman

Democratic Journalism School Public Union /Azerbaijan/, Rovshan Hajiyev, cochairman

Public Association for Assistance to Free Economy /Azerbaijan/, Zohrab Ismayilov, chairman

"Democracy and NGO's development Resource Center" Nakhchivan AR /Azerbaijan/, Malahat Nasibova, chairman

Azerbaijan Human Rights House /Azerbaijan/, Vugar Gojayev, country manager

Azerbaijan Migration Centre /Azerbaijan/, Alovsat Aliyev, chairman

"Democracy Learning" Public Union /Azerbaijan/, Mirali Huseynov, chairman

Women's Solidarity Public Association /Azerbaijan/, Ruhangiz Huseynova, chairman

"Atlas" Research Center /Azerbaijan/, Elkhan Shahinoglu, chairman

Institute for Peace and Democracy /Azerbaijan/, Leyla Yunus, director

Law and Development Public Union /Azerbaijan/, Hafiz Hasanov, chairman

Lawyers’ Committee of Human Rights /Azerbaijan/, Akif Alizade, chairman

Azerbaijan Lawyers Forum /Azerbaijan/, Qurban Mammadov, co-chairman

Public Interests Citizen Initiative Union /Azerbaijan/, Anar Gasimov, chairman

Economic Researches Center /Azerbaijan/, Gubad Ibadoglu, chairman

Association for the Protection of Women s Rights in Azerbaijan after D.Aliyeva /Azerbaijan/, Novella Jafarova, chairman

Azerbaijan National Group of International Society for Human Rights, Saadat Bananyarly, chairman

“Gender Group” Public Union /Azerbaijan/, Xalisa Shahverdiyeva, executive director

International-Lawyers.Org and Nord-Sud XXI /Switzerland/, Curtis Doebbler, director

The AIRE Centre (Advice on Individual Rights in Europe) /London/, Nuala Mole, director

Association of teachers of history and civic education “Nova Doba” /Ukraine/, Petro Kendzor, director

Belarusian Schuman Society (Poland), Katerina Przybylska, director

Human Rights Centre (Georgia), Ucha Nanuashvili, director

1 In the application of Article 21.b of the rules of procedure of the Committee of Ministers, it is understood that distribution of documents at the request of a Representative shall be under the sole responsibility of the said Representative, without prejudice to the legal or political position of the Committee of Ministers (CM/Del/Dec(2001)772/1.4). / Dans le cadre de l'application de l'article 21.b du Règlement intérieur du Comité des Ministres, il est entendu que la distribution de documents à la demande d'un représentant se fait sous la seule responsabilité dudit représentant, sans préjuger de la position juridique ou politique du Comité des Ministres CM/Del/Dec(2001)772/1.4).



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