F18News: AZERBAIJAN: 8 new Strasbourg judgments, 9 judgments awaited – list

FORUM 18 NEWS SERVICE, Oslo, Norway
https://urldefense.com/v3/__https://www.forum18.org/__;!!LIr3w8kk_Xxm!4PD2NbxS7YJ3rW4W2DkH7ilASmtc_yC8jZvSDJXUHTA2BpuKOVXtz-bJmB9ArQ$
 

The right to believe, to worship and witness
The right to change one's belief or religion
The right to join together and express one's belief

=================================================

Wednesday 16 June 2021
AZERBAIJAN: 8 new Strasbourg judgments, 9 judgments awaited - list

The European Court of Human Rights (ECtHR) in Strasbourg issued judgments
in May and June in eight freedom of religion or belief cases, finding that
Azerbaijan had violated human rights and ordering compensation. One of the
lawyers in seven of the cases, Asabali Mustafayev, said that all involved
were "a little dissatisfied" with the ECtHR judgments, as the Court had not
looked at all aspects of the violations included in the cases. Nine other
freedom of religion and belief cases from Azerbaijan are awaiting
judgments.

AZERBAIJAN: 8 new Strasbourg judgments, 9 judgments awaited - list
https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2665__;!!LIr3w8kk_Xxm!4PD2NbxS7YJ3rW4W2DkH7ilASmtc_yC8jZvSDJXUHTA2BpuKOVXtz-bkmMM8cg$
 
By Felix Corley, Forum 18

The European Court of Human Rights (ECtHR) in Strasbourg issued judgments
in May and June finding that Azerbaijan had violated human rights in a
further eight freedom of religion or belief cases and ordering that the
victims be paid compensation and costs. The regime contested all the cases.

Seven of the cases resulted from a police raid on a meeting for worship of
Muslims reading the works of the late theologian Said Nursi and subsequent
fines in June 2015. In the eighth case, the ECtHR found that Azerbaijan
violated the rights of two women from the southern town of Masalli who had
established the NGO Religion and Women's Rights in 2011, but which was
denied registration (and thus the legal right to exist) by the Justice
Ministry (see full list below).

The total amount Azerbaijan is to pay the victims in the eight cases is
25,500 Euros (52,500 Azerbaijani Manats, 257,000 Norwegian Kroner or 31,000
US Dollars), plus legal costs.

In line with Azerbaijan's legally-binding international human rights
obligations, the decisions of both the United Nations (UN) Human Rights
Committee and the ECtHR require the regime to change its laws and practices
so that freedom of religion and belief violations cannot recur
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2664__;!!LIr3w8kk_Xxm!4PD2NbxS7YJ3rW4W2DkH7ilASmtc_yC8jZvSDJXUHTA2BpuKOVXtz-b2Ng2IOQ$
 ). Forum 18 is not
aware of any proposed government legal or other changes to meet this
obligation. Instead, Religion Law amendments which the President signed
into law today (16 June) increase state restrictions on the exercise of
freedom of religion or belief
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2653__;!!LIr3w8kk_Xxm!4PD2NbxS7YJ3rW4W2DkH7ilASmtc_yC8jZvSDJXUHTA2BpuKOVXtz-aKg5R0JA$
 ).

One lawyer argues that more must be done to achieve the fulfilment of ECtHR
judgments. "At present, the government offers only compensation for the
judgments of the European Court of Human Rights," the lawyer – who asked
not to be identified for fear of state reprisals – told Forum 18 on 15
June 
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2664__;!!LIr3w8kk_Xxm!4PD2NbxS7YJ3rW4W2DkH7ilASmtc_yC8jZvSDJXUHTA2BpuKOVXtz-b2Ng2IOQ$
 ). "The Council of
Europe must launch enforcement mechanisms, as the judgment of the Court
alone is not enough for justice. Only the Court judgment together with an
enforcement mechanism can be fair."

"It is easier a couple of times a year to buy off those few complainants
who manage to get to the European Court than to change the well-established
system that suits the authorities," Eldar Zeynalov of the Human Rights
Centre of Azerbaijan told Forum 18 from Baku in March. "And if it is
possible to do this without bringing the essence of the problem to public
consideration at all, this is ideal for the government. And this is exactly
what happens when concluding friendly settlements or when the ECtHR accepts
a unilateral declaration from the government."
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2647__;!!LIr3w8kk_Xxm!4PD2NbxS7YJ3rW4W2DkH7ilASmtc_yC8jZvSDJXUHTA2BpuKOVXtz-YTvx_QdQ$
 )

Baku lawyer Asabali Mustafayev, who worked on the seven men's cases,
commented: "Demands on the government from outside are too weak," he told
Forum 18 on 15 June 
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2664__;!!LIr3w8kk_Xxm!4PD2NbxS7YJ3rW4W2DkH7ilASmtc_yC8jZvSDJXUHTA2BpuKOVXtz-b2Ng2IOQ$
 ).
"The Council of Europe and other international organisations are not
insistent enough, so the government gets away with flouting [its
obligations]".

Mustafayev also said that all involved were "a little dissatisfied" with
the ECtHR judgments, as the Court had not looked at all aspects of the
violations included in the cases. He described the 3,000 Euros awarded to
each victim as "a highly miserly sum", especially as it includes recompense
for the fines that each had paid (see below).

Forum 18 was unable to reach Chingiz Asgarov, the government's
representative to the ECtHR. His phone went unanswered each time it called.

The latest judgments bring to 58 the number of known cases related to
violations of freedom of religion or belief that have concluded at the
ECtHR (see below).

The latest case lodged with the ECtHR, in April 2021, is that of Protestant
Christian Rahim Akhundov who was dismissed from his job as a parliamentary
staffer in Baku in December 2018. He said he was dismissed from his job at
the Milli Majlis on the orders of the State Security Service (SSS) secret
police for hosting meetings for worship at his home (see below).

Including Akhundov's case, nine cases from Azerbaijan related to the
regime's violations of freedom of religion or belief are known to remain at
the Strasbourg court (see below).

UN Human Rights Committee decision: Police raid on meeting for worship

In addition to the ECtHR cases, the United Nations (UN) Human Rights
Committee has also found that Azerbaijan has violated human rights in
freedom of religion or belief cases. Most recently, it found - in a
decision issued on 26 April
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2664__;!!LIr3w8kk_Xxm!4PD2NbxS7YJ3rW4W2DkH7ilASmtc_yC8jZvSDJXUHTA2BpuKOVXtz-b2Ng2IOQ$
 ) – that the regime
had violated the rights of six Jehovah's Witnesses in Aliabad in the
northern Zakatala District in September 2013. The six were among victims of
a police raid, who were forcibly taken to the police station, had religious
literature seized and were then fined (or in one case given an official
warning).

Jehovah's Witnesses from Azerbaijan have six other freedom of religion or
belief cases pending with the UN Human Rights Committee. Four relate to
police raids on meetings for worship and two to speaking to others about
their beliefs.

ECtHR judgment: Police raid on meeting for worship

Seven cases considered together
(https://urldefense.com/v3/__https://hudoc.echr.coe.int/eng?i=001-176039__;!!LIr3w8kk_Xxm!4PD2NbxS7YJ3rW4W2DkH7ilASmtc_yC8jZvSDJXUHTA2BpuKOVXtz-bw2MZqaw$
 ): Alakbarov v. Azerbaijan
(Application No. 55503/15); Ismayilov v. Azerbaijan (Application No.
55507/15); Jabrayilov v. Azerbaijan (Application No. 55510/15); Sabuhi
Mammadov v. Azerbaijan (Application No. 55512/15); Huseynov v. Azerbaijan
(Application No. 55520/15); Gasimov v. Azerbaijan (Application No.
55524/15); and Yunusov v. Azerbaijan (Application No. 55531/15).

In June 2015, police and officials raided Sabuhi Mammadov's home in Gadabay
in western Azerbaijan where Muslims who study Said Nursi's works were
meeting 
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2080__;!!LIr3w8kk_Xxm!4PD2NbxS7YJ3rW4W2DkH7ilASmtc_yC8jZvSDJXUHTA2BpuKOVXtz-Z2xXXGVw$
 ). A court
fined Mammadov for organising an "illegal" religious meeting, while Emin
Alakbarov, Javanshir Ismayilov, Elmir Jabrayilov, Samir Huseynov, Rovshan
Gasimov and Parvin Yunusov were among 13 others fined for "hooliganism"
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2080__;!!LIr3w8kk_Xxm!4PD2NbxS7YJ3rW4W2DkH7ilASmtc_yC8jZvSDJXUHTA2BpuKOVXtz-Z2xXXGVw$
 ).

The ECtHR asked the regime questions
(https://urldefense.com/v3/__https://hudoc.echr.coe.int/eng?i=001-176039__;!!LIr3w8kk_Xxm!4PD2NbxS7YJ3rW4W2DkH7ilASmtc_yC8jZvSDJXUHTA2BpuKOVXtz-bw2MZqaw$
 ) about the seven cases on 11
July 2017.

The ECtHR considered the seven cases together. In a judgment issued on 6
June 2021 
(https://urldefense.com/v3/__http://hudoc.echr.coe.int/eng?i=001-210328__;!!LIr3w8kk_Xxm!4PD2NbxS7YJ3rW4W2DkH7ilASmtc_yC8jZvSDJXUHTA2BpuKOVXtz-beK29Veg$
 ), the Court found
that Azerbaijan had violated the rights of all seven. The ECtHR awarded
compensation of 3,000 Euros to each of the seven, plus costs of 1,000 Euros
for all the cases jointly, to be paid to their main lawyer, Rustam
Mustafazade.

Asabali Mustafayev, a Baku lawyer who also worked on the seven men's cases,
said all involved were "a little dissatisfied" with the ECtHR judgments, as
the Court had not looked at all aspects of the violations included in the
cases. He described the 3,000 Euros awarded to each victim as "a highly
miserly sum", especially as it includes recompense for the fines that each
had paid. He also described the sum awarded for legal costs as "very
little, given that it covered legal costs for seven cases, entailing a lot
of translation and postage of documents".

ECtHR judgment: NGO registration denial

Maharramova and Huseynova v. Azerbaijan (Application No. 31592/14
(https://urldefense.com/v3/__http://hudoc.echr.coe.int/eng?i=001-210013__;!!LIr3w8kk_Xxm!4PD2NbxS7YJ3rW4W2DkH7ilASmtc_yC8jZvSDJXUHTA2BpuKOVXtz-YszznA1g$
 )).

The group Religion and Women's Rights, founded by two women in the southern
town of Masalli in 2011, applied to the Justice Ministry for registration
as a non-governmental organisation (NGO). The Ministry twice in 2011 and
twice in 2012 sent the application back, citing alleged irregularities in
the documentation. The NGO challenged the denial through the courts,
finally losing in the Supreme Court on 6 November 2013. Afruza Maharramova
and Sadaya Huseynova lodged a case to the ECtHR on behalf of the NGO in
April 2014.

The ECtHR asked the regime questions
(https://urldefense.com/v3/__http://hudoc.echr.coe.int/eng?i=001-168327__;!!LIr3w8kk_Xxm!4PD2NbxS7YJ3rW4W2DkH7ilASmtc_yC8jZvSDJXUHTA2BpuKOVXtz-amrFrX3Q$
 ) about the case on 11 October
2016.

The ECtHR considered the case together with 11 other cases where Azerbaijan
had arbitrarily denied legal status to NGOs. In a judgment issued on 20 May
2021 
(https://urldefense.com/v3/__http://hudoc.echr.coe.int/eng?i=001-210013__;!!LIr3w8kk_Xxm!4PD2NbxS7YJ3rW4W2DkH7ilASmtc_yC8jZvSDJXUHTA2BpuKOVXtz-YszznA1g$
 ), the Court found that
Azerbaijan had violated the rights of all 12 applicants. In the case of
Religion and Women's Rights, it awarded compensation of 4,500 Euros jointly
to Maharramova and Huseynova, plus costs of 6,000 Euros for all the cases
together, to be paid to their lawyer, Intigam Aliyev.

Nine known cases awaiting ECtHR judgments

The ECtHR in Strasbourg has already completed 58 cases from Azerbaijan
submitted since 2004 related to violations of freedom of religion or belief
and inter-related rights.

Of these 58 completed cases:

- 19 ended in findings of violations and awards of compensation;

- 17 were closed after Azerbaijan admitted violations and offered
compensation in a "unilateral declaration";

- 12 were friendly settlements, where the regime agreed to pay compensation
(in 1 case it also admitted violations);

- 10 were dismissed or withdrawn (one following the death of the
applicant).

Including a new case lodged in April 2021 for being fired from work for
exercising freedom of religion and belief, 9 ECtHR cases related to the
regime's violations of freedom of religion or belief are known to remain.
The cases – submitted between 2012 and 2021 - cover a wide range of
violations. Of these, 4 were lodged by Muslims, 4 by Jehovah's Witnesses
and 1 by a Protestant Christian. Some cases cover more than one violation,
such as police seizing religious literature during a raid on a meeting for
worship.

In approximate reverse chronological order of violation they are:

- Fired from work for exercise of freedom of religion or belief (1 case
involving 1 individual applicant)

- State censorship of religious literature (1 case involving 1 individual
applicant)

- Punished for conscientious objection to compulsory military service (2
cases involving 2 individual applicants)

- Raids on meetings for worship (2 cases involving 5 individual applicants
and 1 community)

- Jailed for leading prayers (1 case involving 1 individual applicant)

- Unlawful house search (1 case involving 1 individual applicant)

- Registration denial (1 case involving 2 individual applicants and 1
community)

Details of all nine cases are given below.

New ECtHR case: Fired from work for exercise of freedom of religion or
belief

Akhundov v. Azerbaijan (Application No. 20687/21).

In late April 2021, Protestant Christian Rahim Akhundov lodged a case to
the European Court of Human Rights about his dismissal from his job as a
parliamentary staffer in Baku in December 2018. He says that after he met
friends and relatives at his Baku home for Christian worship, study, and
discussion, he was dismissed from his job at the Milli Majlis on the orders
of the State Security Service (SSS) secret police
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2579__;!!LIr3w8kk_Xxm!4PD2NbxS7YJ3rW4W2DkH7ilASmtc_yC8jZvSDJXUHTA2BpuKOVXtz-arTuhrsg$
 ). Akhundov lost his
final appeal at the Supreme Court in Baku on 23 September 2020.

The ECtHR has not yet asked the regime questions about the case.

ECtHR: State censorship of religious literature

Miriyev v. Azerbaijan (Application No. 1717/20).

In February 2018, the State Committee for Work with Religious Organisations
on theological grounds banned the publication and distribution of the book
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2351__;!!LIr3w8kk_Xxm!4PD2NbxS7YJ3rW4W2DkH7ilASmtc_yC8jZvSDJXUHTA2BpuKOVXtz-aqL5xFNw$
 ) "Things Not Existing
in Islam" by Muslim theologian Elshad Miri (also known as Miriyev).
Repeated 
https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2485legal__;!!LIr3w8kk_Xxm!4PD2NbxS7YJ3rW4W2DkH7ilASmtc_yC8jZvSDJXUHTA2BpuKOVXtz-ZmYJIzNA$
  appeals
against the ban failed. After failing on 20 December 2019 in the Supreme
Court to overturn the ban, Miri lodged a case in the ECtHR
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2490__;!!LIr3w8kk_Xxm!4PD2NbxS7YJ3rW4W2DkH7ilASmtc_yC8jZvSDJXUHTA2BpuKOVXtz-ZyPoGO-w$
 ).

The ECtHR has not yet asked the regime questions about the case.

ECtHR: Punished for conscientious objection to compulsory military service

1) Mehdiyev v. Azerbaijan (Application No. 52773/19
(https://urldefense.com/v3/__http://hudoc.echr.coe.int/eng?i=001-209027__;!!LIr3w8kk_Xxm!4PD2NbxS7YJ3rW4W2DkH7ilASmtc_yC8jZvSDJXUHTA2BpuKOVXtz-bFeyzOgQ$
 )).

Emil Mehdiyev refused to perform military service on grounds of conscience
and offered to do an alternative civilian service (which does not exist in
Azerbaijan). In July 2018, Barda District Court convicted him and handed
down a one-year suspended prison term, and required that he live under
probation for one year
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2408__;!!LIr3w8kk_Xxm!4PD2NbxS7YJ3rW4W2DkH7ilASmtc_yC8jZvSDJXUHTA2BpuKOVXtz-axYQE4PQ$
 ). Ganca Appeal Court
rejected his appeal in October 2018
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2440__;!!LIr3w8kk_Xxm!4PD2NbxS7YJ3rW4W2DkH7ilASmtc_yC8jZvSDJXUHTA2BpuKOVXtz-ZcgUgh4A$
 ). The Supreme Court
rejected his final appeal in April 2019
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2473__;!!LIr3w8kk_Xxm!4PD2NbxS7YJ3rW4W2DkH7ilASmtc_yC8jZvSDJXUHTA2BpuKOVXtz-Z5xOUjDg$
 ). He filed his appeal
to the ECtHR on 7 October 2019.

The ECtHR asked the regime questions
(https://urldefense.com/v3/__https://hudoc.echr.coe.int/eng?i=001-209027__;!!LIr3w8kk_Xxm!4PD2NbxS7YJ3rW4W2DkH7ilASmtc_yC8jZvSDJXUHTA2BpuKOVXtz-ZLfEdupw$
 ) about the case on 1 March
2021.

2) Abilov v. Azerbaijan (Application No. 54768/19
(https://urldefense.com/v3/__https://hudoc.echr.coe.int/eng?i=001-209027__;!!LIr3w8kk_Xxm!4PD2NbxS7YJ3rW4W2DkH7ilASmtc_yC8jZvSDJXUHTA2BpuKOVXtz-ZLfEdupw$
 )).

Vahid Abilov refused to perform military service on grounds of conscience
and offered to do an alternative civilian service (which does not exist in
Azerbaijan). In September 2018, Agdam District Court found him guilty and
sentenced him to a one-year suspended prison term
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2415__;!!LIr3w8kk_Xxm!4PD2NbxS7YJ3rW4W2DkH7ilASmtc_yC8jZvSDJXUHTA2BpuKOVXtz-a_F1DWHA$
 ). Ganca Appeal Court
rejected his appeal in October 2018
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2440__;!!LIr3w8kk_Xxm!4PD2NbxS7YJ3rW4W2DkH7ilASmtc_yC8jZvSDJXUHTA2BpuKOVXtz-ZcgUgh4A$
 ). The Supreme Court
rejected his final appeal in April 2019
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2473__;!!LIr3w8kk_Xxm!4PD2NbxS7YJ3rW4W2DkH7ilASmtc_yC8jZvSDJXUHTA2BpuKOVXtz-Z5xOUjDg$
 ). He filed his appeal
to the ECtHR on 17 October 2019.

The ECtHR asked the regime questions
(https://urldefense.com/v3/__https://hudoc.echr.coe.int/eng?i=001-209027__;!!LIr3w8kk_Xxm!4PD2NbxS7YJ3rW4W2DkH7ilASmtc_yC8jZvSDJXUHTA2BpuKOVXtz-ZLfEdupw$
 ) about the case on 1 March
2021.

ECtHR: Raids on meetings for worship

1) Rafiyev v. Azerbaijan (Application No. 81028/17
(https://urldefense.com/v3/__http://hudoc.echr.coe.int/eng?i=001-186530__;!!LIr3w8kk_Xxm!4PD2NbxS7YJ3rW4W2DkH7ilASmtc_yC8jZvSDJXUHTA2BpuKOVXtz-aeI7VtcA$
 )).

In March 2017, police raided a home in Quba where Muslims who study Said
Nursi's works were meeting and seized religious literature. Almost all of
those present were fined in March 2017, including Vuqar Rafiyev
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2294__;!!LIr3w8kk_Xxm!4PD2NbxS7YJ3rW4W2DkH7ilASmtc_yC8jZvSDJXUHTA2BpuKOVXtz-Y7XB73DQ$
 ).

The ECtHR asked the regime questions
(https://urldefense.com/v3/__http://hudoc.echr.coe.int/eng?i=001-186530__;!!LIr3w8kk_Xxm!4PD2NbxS7YJ3rW4W2DkH7ilASmtc_yC8jZvSDJXUHTA2BpuKOVXtz-aeI7VtcA$
 ) about the case on 6 September
2018.

2) Niftaliyev and Others v. Azerbaijan (Application No. 561/12
(https://urldefense.com/v3/__https://hudoc.echr.coe.int/eng?i=001-175874__;!!LIr3w8kk_Xxm!4PD2NbxS7YJ3rW4W2DkH7ilASmtc_yC8jZvSDJXUHTA2BpuKOVXtz-YrY4rqHA$
 )).

In June 2011, police raided a Jehovah's Witness meeting for worship in
Yegana Gahramanova's home in Ganca. A court fined Gahramanova, as well as
Rashad Niftaliyev, Rana Sadigova and Teymur Valiyev (though his fine was
reduced to a warning because of his disability)
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=1604__;!!LIr3w8kk_Xxm!4PD2NbxS7YJ3rW4W2DkH7ilASmtc_yC8jZvSDJXUHTA2BpuKOVXtz-auRyWf_Q$
 ) for an "illegal"
religious meeting. The Baku Jehovah's Witness community joined the
application to the ECtHR.

The ECtHR asked the regime questions
(https://urldefense.com/v3/__https://hudoc.echr.coe.int/eng?i=001-175874__;!!LIr3w8kk_Xxm!4PD2NbxS7YJ3rW4W2DkH7ilASmtc_yC8jZvSDJXUHTA2BpuKOVXtz-YrY4rqHA$
 ) about the case on 6 July
2017.

The ECtHR received all submissions from both parties by 7 February 2018,
and the case is awaiting an ECtHR judgment.

ECtHR: Jailed for leading prayers

Babayev v. Azerbaijan (Application No. 34015/17
(https://urldefense.com/v3/__https://hudoc.echr.coe.int/eng?i=001-186531__;!!LIr3w8kk_Xxm!4PD2NbxS7YJ3rW4W2DkH7ilASmtc_yC8jZvSDJXUHTA2BpuKOVXtz-Y7OxbJTQ$
 )).

Police arrested Shia Muslim Imam Sardar Babayev in February 2017 and a
court jailed him in July 2017 for three years for leading prayers in a
mosque having gained his religious education outside Azerbaijan
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2295__;!!LIr3w8kk_Xxm!4PD2NbxS7YJ3rW4W2DkH7ilASmtc_yC8jZvSDJXUHTA2BpuKOVXtz-Y8ym-c3A$
 ). He initially brought
the case to challenge his pre-trial detention, but his lawyer updated the
case after his jail sentence was finally upheld on 13 February 2018
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2353__;!!LIr3w8kk_Xxm!4PD2NbxS7YJ3rW4W2DkH7ilASmtc_yC8jZvSDJXUHTA2BpuKOVXtz-YQkGH3FA$
 ).

The ECtHR asked the regime questions
(https://urldefense.com/v3/__https://hudoc.echr.coe.int/eng?i=001-186531__;!!LIr3w8kk_Xxm!4PD2NbxS7YJ3rW4W2DkH7ilASmtc_yC8jZvSDJXUHTA2BpuKOVXtz-Y7OxbJTQ$
 ) about the case on 4 September
2018.

"The government gave its comments, they were sent to us and we in turn gave
our comments," his lawyer Javad Javadov told Forum 18 in March 2020
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2557__;!!LIr3w8kk_Xxm!4PD2NbxS7YJ3rW4W2DkH7ilASmtc_yC8jZvSDJXUHTA2BpuKOVXtz-brzRI1gg$
 ). He said they are now
waiting for the ECtHR to give its judgment.

ECtHR: Unlawful house search

Miragayev v. Azerbaijan (Application No. 29550/14
(https://urldefense.com/v3/__https://hudoc.echr.coe.int/eng?i=001-187776__;!!LIr3w8kk_Xxm!4PD2NbxS7YJ3rW4W2DkH7ilASmtc_yC8jZvSDJXUHTA2BpuKOVXtz-aK6-KZ-Q$
 )).

In May 2012 police and the then-National Security Ministry (NSM) secret
police raided Zeka Miragayev's Baku home
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=1719__;!!LIr3w8kk_Xxm!4PD2NbxS7YJ3rW4W2DkH7ilASmtc_yC8jZvSDJXUHTA2BpuKOVXtz-Yn9F_v0A$
 ). Police confiscated
30 copies of the Koran, 24 other books (including some by Said Nursi), a
computer, and a small sum of money. After repeated failures of legal
challenges to the raid and confiscations
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=1820__;!!LIr3w8kk_Xxm!4PD2NbxS7YJ3rW4W2DkH7ilASmtc_yC8jZvSDJXUHTA2BpuKOVXtz-bSPk-lWw$
 ), the ECtHR
application concerns the unlawful search of the applicant's flat. Miragayev
also notes that he was not duly notified of a hearing before the Supreme
Court.

The ECtHR asked the regime questions
(https://urldefense.com/v3/__https://hudoc.echr.coe.int/eng?i=001-187776__;!!LIr3w8kk_Xxm!4PD2NbxS7YJ3rW4W2DkH7ilASmtc_yC8jZvSDJXUHTA2BpuKOVXtz-aK6-KZ-Q$
 ) about the case on 24 October
2018.

ECtHR: Registration denial

Moroz and Others v. Azerbaijan (Application No. 49264/12).

Baku's Jehovah's Witness community was first registered in December 1999
and gained the compulsory re-registration in February 2002. It applied for
another compulsory re-registration in November 2009
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=1389__;!!LIr3w8kk_Xxm!4PD2NbxS7YJ3rW4W2DkH7ilASmtc_yC8jZvSDJXUHTA2BpuKOVXtz-b6aOlnbA$
 ), but the State
Committee rejected the re-registration application in February 2010
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=1429__;!!LIr3w8kk_Xxm!4PD2NbxS7YJ3rW4W2DkH7ilASmtc_yC8jZvSDJXUHTA2BpuKOVXtz-Y9aiXkRw$
 ), after which the
community went to court. After nearly two years from 2010 of unsucessful
legal challenges to the State Committee
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=1632__;!!LIr3w8kk_Xxm!4PD2NbxS7YJ3rW4W2DkH7ilASmtc_yC8jZvSDJXUHTA2BpuKOVXtz-bVyEvaPw$
 ), in February 2012
Jehovah's Witnesses finally lost their case in the Supreme Court
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=1689__;!!LIr3w8kk_Xxm!4PD2NbxS7YJ3rW4W2DkH7ilASmtc_yC8jZvSDJXUHTA2BpuKOVXtz-Zp7bGQ6g$
 ).

Leonid Moroz, another community member, and the Baku community itself then
lodged their ECtHR application on 1 October 2012.

As of 15 June 2021, the ECtHR has not yet asked the regime questions about
the case. (END)

Full reports on freedom of thought, conscience and belief in Azerbaijan
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?query=&religion=all&country=23__;!!LIr3w8kk_Xxm!4PD2NbxS7YJ3rW4W2DkH7ilASmtc_yC8jZvSDJXUHTA2BpuKOVXtz-ZaI6ViYA$
 )

For more background, see Forum 18's Azerbaijan religious freedom survey
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2429__;!!LIr3w8kk_Xxm!4PD2NbxS7YJ3rW4W2DkH7ilASmtc_yC8jZvSDJXUHTA2BpuKOVXtz-ZoBRyffQ$
 )

Forum 18's compilation of Organisation for Security and Co-operation in
Europe (OSCE) freedom of religion or belief commitments
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=1351__;!!LIr3w8kk_Xxm!4PD2NbxS7YJ3rW4W2DkH7ilASmtc_yC8jZvSDJXUHTA2BpuKOVXtz-aMdER71w$
 )

Follow us on Twitter @Forum_18 
(https://urldefense.com/v3/__https://twitter.com/forum_18__;!!LIr3w8kk_Xxm!4PD2NbxS7YJ3rW4W2DkH7ilASmtc_yC8jZvSDJXUHTA2BpuKOVXtz-Zg4yzrrw$
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