Since 2017, the European Court of Human Rights has begun communication on complaints from websites blocked in Azerbaijan. The applicants in these cases are the websites of Azadlig radio (azadliq.org), anaxeber.az, 24saat.org and xural.com.In 2017, based on the submission of the Ministry of Communications, by court decisions, access to these resources in Azerbaijan was limited. These decisions were based on considerations of national security, territorial integrity, public order and disorder prevention. The applicants ask the European Court of Human Rights to recognize the violation of their rights under Articles 10 (freedom of expression), 18 (limits of application of restrictions related to rights) and other articles of the European Convention on Human Rights and Freedoms. The European Court of Human Rights has sent relevant inquiries to the government of Azerbaijan. Also, the Strasbourg court requested clarification on the existence of political motives for blocking the sites.Media expert, lawyer Khalid Agaliyev answered ASTNA`s questions regarding complaints to the European Court, in particular complaints from blocked websites and the state of the judicial system in Azerbaijan.

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Question: The European Court of Human Rights has begun communication of complaints against websites blocked on the territory of Azerbaijan. What sites, why and how have been blocked? What are the expectations from the European Court of Justice?

Answer: Four years ago, amendments were made to the Law “On Information, Informatization and Protection of Information”, which created ample opportunities for blocking Internet resources. One of the first media outlets to be affected by the changes was the Radio Azadlig website, which was judicially blocked. Following him, access to several other news sites was also restricted. Most of these decisions limiting access have been appealed to the European Court of Human Rights. The European Court, first of all, began investigating complaints about the blocking of the sites of Radio Azadlig, anaxeber.az, 24saat.org, as well as the newspaper Khural. These media are resources that stand out for their independent and critical stance. The ECHR is expected to decide that the blocking does not correspond to the right to freedom of expression. Even when changes were made to the legislation, and then when the national courts made decisions, we said that this was not in line with the right to freedom of expression. For example, the court, which blocked the site of Radio Azadlig, substantiated this by spreading speeches with which the opposition spoke at rallies in Baku. Another example is the website of the Khural newspaper, which was previously blocked due to the repeated dissemination of information published in other media. I don’t think that such an approach, such a rationale, is consistent with the right to freedom of expression. In addition, it is entirely possible that the ECHR will decide that these blockages are politically motivated.

Question: Most likely, the European Court will rule in favor of these sites and fine the government for blocking sites. Will this solve the problem of these sites, including the problem of the media?

Answer: National legislation providing for the restriction of access to Internet resources is problematic. The legislation does not meet the requirements of the Council of Europe, the practice of the ECHR. Perhaps the ECHR in its decision will emphasize the need to bring this legislation in line with the indicators of the CE. But even if it does not emphasize, but considers the blockade in specific cases contrary to the Convention, it is the duty of the government to take all necessary steps to eliminate negative practices. That is, the implementation of your expectations for solving problems depends not only on the decision of the ECHR, but also on the government, as well as on us – civil society.

Question: By the way, about fines. Every year the European Court of Justice makes decisions on Azerbaijan and imposes fines on the government. Indeed, if you calculate the compensation for the decisions made during the year, you get a significant amount. But, despite this, the courts in Azerbaijan do not learn a lesson from this. All courts continue to make unfair decisions, and appeals to the European Court are still ongoing. Why is this process stopped? Why are the courts and judges not punished for making such decisions?

Answer: Azerbaijan is a leader in the execution of decisions of the European Court. The overwhelming majority of decisions in the Council of Europe countries remain unfulfilled, and as a result, the situation does not change. In the context of the execution of the ECtHR judgments, the national legislation makes it possible to compensate for the material, moral consequences of the violations committed, to improve the conditions conducive to the violation, including subjecting the persons who made decisions on violations to correction. But the application of these norms is not effective. To be effective, it is necessary to fully use all available mechanisms of human rights protection, and, naturally, political will is needed.

Question: Recently there have been delays in the payment of compensation, which must be paid to the plaintiffs by the decision of the European Court. Are there procedures to ensure that compensation is paid on time, or to remind the government of responsibility in the event of a delay?

Answer: With some exceptions, the state pays the security amount stipulated by the decisions. After the announcement of the decision, it is not enough to sit and wait for the government to pay compensation. There are certain procedures that applicants must follow. At the first stage, it is necessary to provide the relevant structure with the banking information necessary for the payment of compensation. After the entry into force of the decisions, the relevant body of the Council of Europe shall record this and add this decision to its constantly updated list. If compensation is not paid within 3-4 months of listing the decision, the applicant must inform the enforcement authority to remind the government of the problem. If the applicant does not provide information, the regulatory authorities will perceive this as no problem. So the delay in payment will also continue. Those who follow the procedures have little or no problem with compensation.

Question: What can be done so that plaintiffs seeking justice, including the media, could find it in the courts of Azerbaijan?

Answer: The judicial system in Azerbaijan is problematic. This is clearly seen in the documents of the relevant international organizations, reports and decisions of the European Court of Human Rights. The main problem is related to the independence of the courts. Often times, the courts serve as a tool for politicians to suppress their opponents, which leads to unfair decisions and problems, such as political prisoners. Courts must be independent and professional so that violations can be resolved more quickly and efficiently.

Source: Turan News Agency