The ECHR awarded compensation to two defendants in the "Nardaran case".

The European Court of Human Rights in Strasbourg recognized violations of the rights of the defendants in the "Nardaran case" Agil Ismayilov and Shamil Abdulaliyev, ruling to pay the applicants a total of 23 thousand euros in compensation.

As reported by "Caucasian Knot", on January 25, 2017, the leader of the "Muslim Unity" movement Taleh Bagirzade and his 17 supporters were sentenced to imprisonment for terms ranging from 10 to 20 years. Shamil Abdulaliyev received 14.5 years of imprisonment, while Agil Ismayilov was sentenced to 10 years in prison. Azerbaijani human rights activists called the defendants in the "Nardaran case" political prisoners. An attempt to appeal the verdict in the Supreme Court of Azerbaijan was unsuccessful, and the defense announced the preparation of applications to the ECHR.

The European Court of Human Rights (ECHR) today published its decision in the case of "Abdulaliyev and Ismayilov v. Azerbaijan". The applicants, detained during a police operation in the Baku suburb of Nardaran on November 26, 2015, denied the charges against them of involvement in an armed group, preparing terrorist acts, illegal possession of weapons and explosives, and plans for a violent seizure of power.

Shamil Abdulaliyev and Agil Ismayilov complained in their statements about inhumane treatment. According to forensic medical examination, Abdulaliyev received three gunshot wounds, one of which was classified as causing serious harm to health - the bullet damaged the small intestine, bladder, and pelvic and thigh bones.

The security forces claimed that the man resisted police officers, attempted to attack them with a bayonet and a grenade, and therefore received injuries during his detention. Abdulaliyev himself, as stated in the ECHR decision, denied resistance: according to him, the police began shooting in the yard of the house where a religious gathering was taking place.

The ECHR noted contradictions in the testimonies of police officers: from the investigation materials, it was impossible to establish the sequence of the three shots, the distance from which they were fired, and who exactly shot. A ballistic reconstruction of the incident was also not conducted.

"In the absence of any ballistic study or reconstruction, the government did not prove that each of the shots fired was strictly necessary," the ECHR decision states. According to the court's assessment, the official version of events had shortcomings, and the authorities failed to prove that Abdulaliyev's behavior justified the use of such force against him.

The other applicant, according to medical examination, received two head injuries that could have been caused by rubber bullets. Law enforcement officials claimed that the man resisted arrest and attempted to attack a police officer with nunchaku. The ECHR pointed out that the police testimonies on this matter also contained contradictions: in particular, it was not established whether Ismayilov attempted to attack police officers or flee from them, or whether he was injured after his weapon was seized.

"The government failed to fulfill its obligation to prove the necessity of using force," the ECHR concluded.

The complaints of Abdulaliyev and Ismayilov regarding police actions were investigated by Azerbaijani prosecution authorities. In both cases, the authorities refused to initiate criminal cases, considering the allegations of ill-treatment unfounded. The ECHR deemed these investigations ineffective.

Separately, the court considered the issue of medical assistance. Thus, metal fragments remained in Abdulaliyev's body after the injury. The authorities were supposed to ensure timely specialized examination, treatment, and monitoring of the patient's condition.

The ECHR unanimously found a violation of Article 3 of the European Convention on Human Rights (prohibition of torture) due to excessive use of force during the detention of both applicants. In addition, the court recognized the lack of proper medical assistance and the ineffectiveness of investigations into complaints of ill-treatment as violations of Article 3. At the same time, the court did not separately consider their complaints under Article 13 of the Convention (on the lack of an effective remedy).

The court ordered the government of Azerbaijan to pay each applicant 10 thousand euros in compensation for moral damage and an additional 1.5 thousand euros as reimbursement for legal costs.

Shamil Abdulaliyev is again in custody

Both applicants were released in 2021 based on a presidential pardon, but Abdulaliyev was arrested again in 2023, an activist monitoring criminal cases against religious activists reported to the "Caucasian Knot" correspondent.

"In 2023, against the backdrop of deteriorating relations between Azerbaijan and Iran, a new wave of arrests of Shia Muslims followed. Among those detained were six people who had previously been arrested and convicted in the "Nardaran case". Among them was Shamil Abdulaliyev. They are now accused of drug crimes. The first-instance court sentenced him to three years in prison, taking into account his health condition - a bullet has still not been removed from his body. The state did not perform the operation for him, and his family did not have the means to have the operation done in a private clinic. Despite the fact that a bullet is in the person's body and his health is seriously compromised, the appellate court subsequently increased the sentence to six years," the activist said.

The Azerbaijani representative at the ECHR Chingiz Askerov was unavailable for comment.

News about the persecution of activists, human rights defenders, and journalists in the regions of the Caucasus is tracked by the "Caucasian Knot" on the thematic page "Persecution of Activists". Also, the "Caucasian Knot" has published a reference on "Persecution of human rights defenders and civil activists in Azerbaijan".