Rule 9.2 Communication on the case of Mushfig Mammadov and Others v. Azerbaijan (14604/08)

Alternative civilian service in Azerbaijan remains unavailable despite repeated calls from the Council of Europe, the United Nations, and human rights organisations. This communication, submitted under Rule 9(2) of the Rules of the Committee of Ministers, addresses Azerbaijan’s ongoing non-compliance with the European Court of Human Rights (ECHR) judgment in Mushfig Mammadov and Others v. Azerbaijan (Application No. 14604/08).

Communication in accordance with RULE 9.2 of the Rules of the Committee of Ministers regarding the supervision of the execution of judgment the case of Mushfig Mammadov and Others v. Azerbaijan (14604/08).

Free Voices Collective, a non-governmental human rights organisation dedicated to defending fundamental freedoms, has submitted this Rule 9(2) communication to the Committee of Ministers of the Council of Europe regarding the supervision of the execution of the Mushfig Mammadov judgment. The ECHR found Azerbaijan in violation of Article 9 for failing to provide a genuine alternative civilian service for conscientious objectors, notably Jehovah’s Witnesses.

Under Article 76.2 of its Constitution and its accession commitments to the Council of Europe, Azerbaijan is obliged to adopt legislation allowing conscientious objectors to perform alternative civilian service. Yet, no such law exists. Jehovah’s Witnesses and other conscientious objectors continue to face military call-ups, prosecution, and restrictions on their freedom of movement.

The lack of alternative civilian service in Azerbaijan contravenes ECHR judgments and undermines the country’s international obligations. Despite claims of a parliamentary working group on the issue, no substantive progress has been reported. International human rights bodies have repeatedly urged swift legislative reform.

Free Voices Collective calls on the Committee of Ministers to:

1. Request updated statistics on Jehovah’s Witnesses called up, prosecuted, or otherwise penalised for refusing military service.

2. Seek concrete updates on legislative initiatives regarding alternative civilian service in Azerbaijan.

3. Urge the immediate adoption of a law providing alternative civilian service that fully complies with ECHR standards.

Click here to read the communication: RULE 9.2 of the Rules of the Committee of Ministers regarding the supervision of the execution of judgment on the case of Mushfig Mammadov and Others v. Azerbaijan (14604:08)