Azerbaijani Supreme Court executes European Court's decision on imprisoned journalist

The Azerbaijani Supreme Court Plenum considered the case of the European Court of Human Rights (ECHR) regarding Chief Editor of the Daily Azerbaijan and Real Azerbaijan newspapers Eynulla Fatullayev.

Azerbaijani Supreme Court Plenum session on Thursday decided that the Supreme Court's decision dated August 21, 2007 on Eynulla Fatullayev's imprisonment according to articles 147.1, 147.2 of the Criminal Code (slandering, accusing of grave or especially grave crime) shall be annulled and the criminal case upon these articles shall be terminated.

According to the decision, 283.2.2, 214.1 parts of the Supreme Court decision dated June 3, 2008 imprisoning Fatullayev upon articles tax evasion (213.2.2), creating national, racial, social or religious enmity (283.2.2) shall be canceled and the criminal case on these parts shall be terminated.

According to the decision, the 2 years and 3 months imprisonment appointed upon article 213.2.2 of the Criminal Code shall be in force. However, as Fatullayev's imprisonment period has ended, being calculated since July 3, 2007, he was freed from imprisonment upon this case.  

Fatullayev was arrested April 20, 2007 and sentenced to 8.5 years in prison. He was accused of inciting terrorism and ethnic hatred, as well as tax evasion. The European Court announced its decision regarding Fattulayev's appeal on its website on April 22. The court demanded the journalist's immediate release.

Recently, the European Court issued a final ruling on Fatullayev's suit against Azerbaijan. According to the decision, Fatullayev must be freed and paid 28,000 euro.

The Azerbaijani government brought a suit against the court's decision to the Grand Chamber. The Grand Chamber did not allow the suit. It kept the court's decision in force. About 0.223 grams of heroin were found in Fatullayev's shoes and jacket in December 2009. A criminal case was later filed, and the court sentenced Fatullayev to an additional 2.6 years in prison. Fatullayev appealed the decision in the Baku Appeals Court.

The trial is scheduled for Nov. 22.


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