Note: This material was originally prepared in Azerbaijani. This English version was translated using artificial intelligence. The credible version is the Azerbaijani version.
During his speech at the opening ceremony of the 4th Shusha Global Media Forum, President of the Republic of Azerbaijan Ilham Aliyev stated: “We did not vote for the judges of the European Court of Human Rights, and for this reason Azerbaijan does not recognise the Court’s judgments, because we do not know who those people are. We did not vote for them.”
According to Fakt Yoxla’s assessment, the claim is false.
The binding nature of the European Court of Human Rights judgments
In 2002, the Republic of Azerbaijan ratified the European Convention on Human Rights and thereby undertook an obligation to implement the judgments of the European Court of Human Rights, or ECtHR, under Article 46.
According to the Law on the Rules for the Conclusion, Implementation and Termination of International Treaties of the Republic of Azerbaijan, Azerbaijan must comply with its international treaties under Article 15. The law also states that ratified international treaties may be terminated by the Milli Majlis.
Since the Milli Majlis has not adopted a decision to withdraw from the Convention, it remains in force, and the Republic of Azerbaijan continues to be legally obliged to implement ECtHR judgments.
Under the Constitution of the Republic of Azerbaijan, the president is the guarantor of compliance with international treaties under Article 8, paragraph III. Since the Milli Majlis has not terminated the Convention, it remains in force, and the president is responsible for ensuring its implementation. The president’s refusal to implement ECtHR judgments therefore contradicts his constitutional obligations.
Judges elected with Azerbaijan’s participation
President Ilham Aliyev claimed that Azerbaijan does not recognise ECtHR judgments because it did not vote for the Court’s judges.
However, of the 45 judges currently serving on the Court, only 17 were elected during the period when Azerbaijan was not represented in the Parliamentary Assembly of the Council of Europe, or PACE. This means that Azerbaijan participated in the election process for the remaining 28 judges.
The ECtHR and PACE are different institutions
The ECtHR is an independent judicial body operating under the European Convention on Human Rights, whose judgments are binding on member states.
Although PACE participates in the election of ECtHR judges, responsibility for supervising the implementation of judgments lies with the Committee of Ministers, the executive body of the Council of Europe. PACE has no role in the process of issuing or implementing ECtHR judgments.
The Assembly merely elects judges by secret ballot from lists of candidates submitted by member states. Under Article 21 of the European Convention on Human Rights, judges must serve in their individual capacity.
In other words, judges must be independent individuals who do not represent the interests of the states that nominated them. This demonstrates that the ECtHR is an independent judicial institution with no institutional dependence on PACE.
Unimplemented ECtHR judgments
According to official information, Azerbaijan avoided implementing ECtHR judgments even during periods when it was represented in PACE.
For example, in 2023, the European Court referred 84 cases against Azerbaijan to the Council of Europe’s Committee of Ministers for supervision of their implementation. The figure was 49 in 2022 and 46 in 2021.
By the end of 2023, Azerbaijan had 337 cases awaiting implementation.
Refusing to implement ECtHR judgments not only creates legal responsibility for Azerbaijan but also seriously affects its relations with the international community and the legitimacy of the country’s domestic legal system. The failure to implement ECtHR judgments causes a serious decline in the protection of rights and freedoms within society.
Suspension of Azerbaijan’s representation in PACE
In January 2024, PACE adopted a resolution refusing to ratify the credentials of Azerbaijan’s delegation, effectively suspending its representation.
The Assembly stated that Azerbaijan had failed for more than 20 years to fulfil the commitments it had undertaken, had not held free and fair elections, and had not ensured the independence of the branches of government.
Since then, the Azerbaijani delegation has not been represented in PACE.
Therefore, Azerbaijan remains legally responsible for implementing ECtHR judgments. Moreover, contrary to the president’s claim, Azerbaijan participated in the election of 28 of the 45 judges currently serving on the ECtHR.
According to Fakt Yoxla’s assessment, the claim is false.
