ECHR Rules Against Georgia and Azerbaijan in Mukhtarli Case
By Liza Mchedlidze
Friday, September 6, 2024
On September 5, the European Court of Human Rights (ECHR) delivered its judgment in the case of Mukhtarli v. Azerbaijan and Georgia, ruling that Georgia had violated Articles 3 and 5 of the European Convention on Human Rights. The violation stemmed from Georgia's failure to effectively investigate the 2017 abduction, mistreatment, and illegal transfer of journalist Afghan Mukhtarli to Azerbaijan. The Court ordered Georgia to pay EUR 10,000 in non-pecuniary damages and EUR 2,500 for costs.
Mukhtarli, a critic of the Azerbaijani government, disappeared from Tbilisi on May 29, 2017, and was found in custody in Baku the next day. Amnesty International warned he was at risk of torture, and in 2018, he was sentenced to six years in prison on charges of illegal border crossing, smuggling, and resisting police. He was released in 2020.
The ECHR concluded that Georgia's investigation, initiated immediately after the abduction, was insufficient, violating the Convention's prohibition of torture and right to liberty and security. However, it found no breach of the substantive aspects of these rights.
Azerbaijan was also found guilty of violating Article 5(3) and Article 8 of the Convention and was ordered to pay EUR 6,000 in non-pecuniary damages and EUR 2,500 for costs.
Judges Simácková and Elósegui, in a joint opinion, raised concerns about the lack of independence in Georgia's investigation, citing political influence and pressure on police officers. They criticized the Court for not addressing this issue more thoroughly.
