12. Impact on fundamental freedoms and ECtHR judgement implementation
The crackdown on media, NGOs, and opposition figures has deeply harmed fundamental freedoms in Azerbaijan. Freedom of expression has been nearly eradicated with the closure of independent media outlets. Restrictive laws and harsh enforcement have undermined freedom of association. Freedom of assembly is regularly violated, with public demonstrations often banned or violently dispersed.
These developments are directly at odds with Azerbaijan’s obligations as a member of the Council of Europe.
Furthermore, Azerbaijan remains one of the poorest performers in the CoE concerning the implementation of ECtHR judgments. Of the 542 final judgments issued so far, only 192 have been executed, leaving a staggering 343 cases – around 64% – still pending.
The backlog includes particularly serious “leading cases” that address systemic human rights violations. According to the analysis, there are around 47 leading judgments pending, many of which have been outstanding for over eight years on average.
The unimplemented ECtHR judgments encompass a wide range of human rights violations, including ill-treatment and ineffective investigations by law enforcement (e.g., Sardar Jalaloglu), excessive use of police force, arbitrary extraditions, and unlawful detentions (e.g., Farhad Aliyev). The Court has also identified violations of the right to a fair trial (e.g., Ali Insanov, Panah Huseyn, Layijov), as well as cases involving the disbarment of lawyers, restrictions on journalists, and infringements on freedom of assembly and association.
Other notable judgments that have not been executed concern breaches of electoral rights, property rights, and, importantly, politically motivated imprisonments targeting members of civil society, journalists, and opposition politicians.
One of the landmark cases is Ramazanova and Others v. Azerbaijan, which concerns the systematic violation of the right to freedom of association under Article 11 of the European Convention on Human Rights, stemming from the Azerbaijani Ministry of Justice’s repeated and prolonged delays in registering an NGO founded to support homeless individuals – such delays effectively amounted to a de facto refusal of registration.
The ECtHR found that such conduct, including returning applications with vague deficiencies and ignoring statutory deadlines, constituted arbitrary interference with the applicants' associational rights and awarded them compensation. The judgment emphasised the need for clear, time-bound, and enforceable registration procedures to safeguard civil society. Successive reforms have failed to address these deficiencies, and Azerbaijan has yet to fully implement the Court’s judgment, which is under enhanced supervision.