European court fines gov't
The European Human Rights Court has ordered a 14,000 Euro fine
against Azerbaijan after hearing a plea by an individual who was
earlier sentenced to life in jail on charges of high treason.
Alikram Humbatov attempted to establish the separatist "Talysh-Mughan republic" in the southern Lankaran district in 1993. He was arrested later that year. Humbatov was subsequently released on a presidential pardon decree in 2005 and left the country after being deprived of Azerbaijani citizenship. He currently resides in the Hague, Holland.
The court indicated that the provisions concerning the ban on torture, the rights to legal defense and fair trial of the European convention on human rights and freedoms had been violated against Humbatov. The Azerbaijani government is now required to pay him 12,000 euros for what it deems as infliction of moral distress and 2,090 euros in additional expenses.
This is the European court's ninth ruling handed down against Azerbaijan.
The Azerbaijani government obviously took proper action in Humbatov's case by punishing an individual who instigated an armed rebellion, refused to obey the country's central government and became a separatist. However, even at the initial stage of investigation, law enforcement agencies committed procedural violations, which allowed Humbatov to file a suit to the European court.
Commenting on the ruling, head of the Constitution research center, former MP Alimammad Nuriyev said the plaintiff was a separatist leader, which means the authorities had the right to prosecute and convict him.
"But the point is that the European court is paying close attention to preventing infringement upon the human rights convention, including procedural rights of the defendant," he said. "But given that such violations as torture or denial of the right to proper defense by law enforcement and investigative bodies are widespread during the investigation and hearings, people like Alikram Humbatov are able to file lawsuits to this European judiciary body."
Nuriyev said there was no need to raise uproar over this particular ruling, but Azerbaijani investigative and law enforcement bodies should thoroughly study the mentioned convention and make proper conclusions.
He emphasized that almost all suits won by Azerbaijani citizens in the European Human Rights Court were related to procedural flaws.
Alikram Humbatov attempted to establish the separatist "Talysh-Mughan republic" in the southern Lankaran district in 1993. He was arrested later that year. Humbatov was subsequently released on a presidential pardon decree in 2005 and left the country after being deprived of Azerbaijani citizenship. He currently resides in the Hague, Holland.
The court indicated that the provisions concerning the ban on torture, the rights to legal defense and fair trial of the European convention on human rights and freedoms had been violated against Humbatov. The Azerbaijani government is now required to pay him 12,000 euros for what it deems as infliction of moral distress and 2,090 euros in additional expenses.
This is the European court's ninth ruling handed down against Azerbaijan.
The Azerbaijani government obviously took proper action in Humbatov's case by punishing an individual who instigated an armed rebellion, refused to obey the country's central government and became a separatist. However, even at the initial stage of investigation, law enforcement agencies committed procedural violations, which allowed Humbatov to file a suit to the European court.
Commenting on the ruling, head of the Constitution research center, former MP Alimammad Nuriyev said the plaintiff was a separatist leader, which means the authorities had the right to prosecute and convict him.
"But the point is that the European court is paying close attention to preventing infringement upon the human rights convention, including procedural rights of the defendant," he said. "But given that such violations as torture or denial of the right to proper defense by law enforcement and investigative bodies are widespread during the investigation and hearings, people like Alikram Humbatov are able to file lawsuits to this European judiciary body."
Nuriyev said there was no need to raise uproar over this particular ruling, but Azerbaijani investigative and law enforcement bodies should thoroughly study the mentioned convention and make proper conclusions.
He emphasized that almost all suits won by Azerbaijani citizens in the European Human Rights Court were related to procedural flaws.
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