ECHR Penalizes Azerbaijan for Unlawful Arrest of Activist Elgiz Qahraman

Elgiz Qahraman

The European Court of Human Rights (ECHR) has ruled against the Azerbaijani government. The case concerns the 2016 arrest and mistreatment of activist Elgiz Qahraman. The court said that the state must pay around €12,000 for damages and legal costs. The court believes that Qahraman’s imprisonment was not about justice. Instead, it was a politically driven attempt to silence him.

A False Case with Political Intent

The case began in July 2016. Qahraman, who was part of the NIDA Civic Movement, wrote a critical post on Facebook. It talked about changes to the constitution and removing age limits for presidential candidates. Soon after his post, he was arrested. Officials said they found over three grams of heroin on him during a street search. Qahraman said the drugs were planted. He claimed his arrest was a response to his social media comments, especially a sarcastic remark about the President’s son.

The ECHR agreed with the activist. The court decided that Azerbaijan violated Article 18 of the European Convention on Human Rights. This means the real reason for his arrest was to punish him for his political activities, not because of any real crime. This shows a pattern of using drug charges to stop people from speaking out, something that international observers have often criticized.

Fair Treatment and Respect

The court also found problems with how Qahraman was treated. He said he was tortured while in police custody to make him confess. The ECHR said that Azerbaijani authorities did not properly investigate these claims. Local courts favored the police's side over his, without good reason. Also, medical exams were delayed by over 40 days, so they were useless for proving any physical abuse.

The court also criticized Qahraman being kept in a metal cage during his trial. The ECHR called this degrading treatment, which violates Article 3 of the Convention. They said such actions take away a defendant's dignity and suggest they are guilty before being proven so.

A Long Fight for What's Right

Qahraman was first sentenced to over five years in jail (later reduced to three years by the Supreme Court). He was released in 2019 through a presidential pardon. Even so, it took almost ten years to get his rights recognized. The ECHR has now awarded him €10,000 for emotional damage and about €2,054 for legal fees.

It’s not sure when he will receive this money. The ECHR says payment should be made within three months. However, Azerbaijani officials have recently questioned the court's authority. This comes after the country's delegation to the Parliamentary Assembly of the Council of Europe (PACE) was suspended. Despite these issues, human rights advocates see this ruling as an important win for the many journalists and activists in Azerbaijan facing similar charges.