ECHR Recognizes Violation of 'Azadlig' Newspaper's Rights

'Azadlig' newspaper

The European Court of Human Rights (ECHR) recognized the fine imposed on the newspaper 'Azadlig' for a 2012 publication about the Baku Metro's operations as a violation of the right to freedom of expression. The Strasbourg Court ordered the payment of 29.5 thousand euros in compensation to the newspaper.

The complaint was related to the monetary fine awarded against the 'Azadlig' newspaper in Azerbaijan for a critical publication about the Baku Metro.

The subject of the lawsuit filed by the Baku Metro management against the 'Azadlig' newspaper was, in particular, an article published in the issue of April 8, 2012, titled '[TA] Appropriated Five Qepiks'. The article stated that after the increase in metro fares, a balance of 0.05 manat (0.6 cents at the then-current exchange rate) remained on passengers' transport cards, and these funds were subsequently written off and appropriated by the Baku Metro management.

The article also pointed to the absence of any control or oversight over the activities, revenues, and expenditures of the Baku Metro, which 'could have revealed embezzlement.'

In connection with this publication, the Baku Metro management won a lawsuit ordering the 'Azadlig' newspaper to pay 30,000 manat (about 30,000 euros at the then-current exchange rate). Higher judicial instances rejected the appeal of the 'Azadlig' newspaper. The specified amount was debited from the newspaper's bank account, which aggravated the financial situation of the publication and ultimately led to the cessation of its printed version in 2016.

During the investigation, the ECHR established a violation of the rights of the 'Azadlig' newspaper under Article 10 (Freedom of Expression) of the European Convention on Human Rights and ordered the editorial office to be paid 25,000 euros for pecuniary damage, 3,000 euros for non-pecuniary damage, and 1,500 euros for reimbursement of legal costs, totaling 29,500 euros.

The 'Azadlig' newspaper is currently published in electronic form from abroad.