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The government recognized the violation of Aykhan Israfilov's right to freedom

  • IHR
  • May 30
  • 4 min read

Aykhan Israfilov
Aykhan Israfilov

The European Court of Human Rights (ECHR) has ruled that the Azerbaijani government violated the right to liberty of civic activist Ayxan Israfilov. Despite the government’s formal admission of this violation, Israfilov remains behind bars—and his release appears unlikely.

A Growing Pattern of Unlawful Detentions

On May 28, the ECHR issued several rulings involving Azerbaijan, including one concerning Israfilov’s 2023 arrest. The Court struck his case from its docket after the Azerbaijani government submitted a unilateral declaration admitting to the violation of Article 5 of the European Convention on Human Rights, which guarantees the right to liberty.

Israfilov’s lawyer, Fariz Namazli, explained to Abzas Media and later on his Facebook page that the complaint focused on the illegality of the pretrial detention measure imposed on August 23, 2023—not the eventual court conviction. “The government admitted in its declaration not only to paying compensation but also to violating the applicant’s

Convention rights,” Namazli said.

The ECHR awarded Israfilov €2,700 in moral damages and €450 for legal costs. However, Namazli expressed doubt that the Azerbaijani government would honor the ruling. “Since March 2024, the government has ceased executing ECHR decisions entirely. They neither pay compensation nor reopen cases,” he said.


Conviction Amid Denial of Charges


Israfilov, a board member of the independent “Labour Table” Trade Unions Confederation, was detained in August 2023. Initially charged under the aggravated clauses of Article 234 of the Azerbaijani Criminal Code, his case was later reclassified under Article 234.1.1—illegal acquisition, storage, or transport of narcotics without the intent to sell.


On April 2, 2024, the Baku Serious Crimes Court sentenced him to three years in prison. Israfilov has consistently denied the charges, maintaining that his arrest was politically motivated and directly linked to his work defending labor rights, particularly those of couriers and gig economy workers.


“This complaint was not about the criminal conviction itself, but the legality of the detention during the investigation,” Namazli clarified in a statement to Toplum TV. “The government does not revisit such cases; it only offers compensation.”


Context of Wider Crackdown


Israfilov’s case is not isolated. Around the same period, other members of the “Labour Table” Confederation—including chair Afiaddin Mammadov and activists Elvin Mustafayev and Mohyaddin Orujov—were also arrested on various charges.


Human rights organizations have labeled Israfilov and his colleagues political prisoners. They argue the accusations are fabricated and aim to stifle independent labor organizing. “These activists were imprisoned simply for defending workers’ rights,” multiple rights groups have stated.


Defiance of International Obligations


The Azerbaijani government’s refusal to implement ECHR rulings is part of a broader defiance of international legal norms. In April, President Ilham Aliyev openly declared that Azerbaijan would no longer comply with ECHR decisions, citing political interference by European institutions.


This growing rift between Azerbaijan and the European human rights system casts serious doubt on the effectiveness of legal protections for activists, journalists, and civil society members in the country.


What Comes Next?


With the government ignoring the ECHR’s ruling and no sign of Israfilov’s release, the case highlights both the limits of international pressure and the increasing dangers faced by independent activists in Azerbaijan.


Though the Court recognized his detention as unlawful, Israfilov remains imprisoned—raising grave concerns about the rule of law and the protection of fundamental freedoms in the country.


The European Court of Human Rights (ECHR) has ruled that the Azerbaijani government violated the right to liberty of civic activist Ayxan Israfilov. Despite the government’s formal admission of this violation, Israfilov remains behind bars—and his release appears unlikely.


A Growing Pattern of Unlawful Detentions


On May 28, the ECHR issued several rulings involving Azerbaijan, including one concerning Israfilov’s 2023 arrest. The Court struck his case from its docket after the Azerbaijani government submitted a unilateral declaration admitting to the violation of Article 5 of the European Convention on Human Rights, which guarantees the right to liberty.


Israfilov’s lawyer, Fariz Namazli, explained to Abzas Media and later on his Facebook page that the complaint focused on the illegality of the pretrial detention measure imposed on August 23, 2023—not the eventual court conviction. “The government admitted in its declaration not only to paying compensation but also to violating the applicant’s Convention rights,” Namazli said.


The ECHR awarded Israfilov €2,700 in moral damages and €450 for legal costs. However, Namazli expressed doubt that the Azerbaijani government would honor the ruling. “Since March 2024, the government has ceased executing ECHR decisions entirely. They neither pay compensation nor reopen cases,” he said.


Conviction Amid Denial of Charges


Israfilov, a board member of the independent “Labour Table” Trade Unions Confederation, was detained in August 2023. Initially charged under the aggravated clauses of Article 234 of the Azerbaijani Criminal Code, his case was later reclassified under Article 234.1.1—illegal acquisition, storage, or transport of narcotics without the intent to sell.


On April 2, 2024, the Baku Serious Crimes Court sentenced him to three years in prison. Israfilov has consistently denied the charges, maintaining that his arrest was politically motivated and directly linked to his work defending labor rights, particularly those of couriers and gig economy workers.


“This complaint was not about the criminal conviction itself, but the legality of the detention during the investigation,” Namazli clarified in a statement to Toplum TV. “The government does not revisit such cases; it only offers compensation.”


Context of Wider Crackdown


Israfilov’s case is not isolated. Around the same period, other members of the “Labour Table” Confederation—including chair Afiaddin Mammadov and activists Elvin Mustafayev and Mohyaddin Orujov—were also arrested on various charges.


Human rights organizations have labeled Israfilov and his colleagues political prisoners. They argue the accusations are fabricated and aim to stifle independent labor organizing. “These activists were imprisoned simply for defending workers’ rights,” multiple rights groups have stated.


Defiance of International Obligations


The Azerbaijani government’s refusal to implement ECHR rulings is part of a broader defiance of international legal norms. In April, President Ilham Aliyev openly declared that Azerbaijan would no longer comply with ECHR decisions, citing political interference by European institutions.


This growing rift between Azerbaijan and the European human rights system casts serious doubt on the effectiveness of legal protections for activists, journalists, and civil society members in the country.


What Comes Next?


With the government ignoring the ECHR’s ruling and no sign of Israfilov’s release, the case highlights both the limits of international pressure and the increasing dangers faced by independent activists in Azerbaijan.


Though the Court recognized his detention as unlawful, Israfilov remains imprisoned—raising grave concerns about the rule of law and the protection of fundamental freedoms in the country.


 
 
 

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