Rule 9.2 – Communication on the case of Mushfig Mammadov and Others v. Azerbaijan (14604/08)
Free Voices Collective submitted Rule 9.2 Communication on the Mushfig Mammadov and Others v. Azerbaijan case to the Committee of Ministers of the Council of Europe on 20 July 2026, ahead of the Committee’s 1569th Human Rights (DH) meeting scheduled for September 2026.
The communication concerns the continued non-execution of the European Court of Human Rights’ judgment in the Mushfig Mammadov and Others v. Azerbaijan case, which relates to violations of the right to freedom of thought, conscience and religion under Article 9 of the European Convention on Human Rights arising from the prosecution of conscientious objectors for refusing compulsory military service. The submission highlights Azerbaijan’s continued failure to introduce alternative civilian service despite constitutional guarantees, Council of Europe commitments, and the Court’s judgment requiring legislative reform.
The submission recalls that the European Court found that Azerbaijani authorities violated the applicants’ rights by prosecuting and convicting conscientious objectors in the absence of legislation providing for alternative civilian service. The Court emphasized that only comprehensive legislative reform could remedy the structural problem and enable conscientious objectors to effectively exercise their Convention rights.
Key concerns raised in the submission
The Rule 9.2 communication stresses that:
- Azerbaijani authorities have still failed to adopt legislation establishing alternative civilian service despite repeated commitments and the Committee of Ministers’ calls;
- Although the applicants are no longer at risk of conscription because of legislative changes to the conscription age and payment of just satisfaction, their criminal convictions and records remain in place;
- The authorities have ceased providing information to the Committee of Ministers regarding progress on legislative reform since January 2024;
- Parliamentary discussions suggest that any future alternative service may be punitive in nature, excessively long, and available only in peacetime, contrary to Convention standards;
- Amendments adopted in December 2024 expanded criminal liability for evasion of military training by reservists, potentially exposing conscientious objectors to repeated prosecution until the age of 50;
- New amendments to the Migration Code introduced travel restrictions on individuals refusing compulsory military service;
- Jehovah’s Witnesses and other conscientious objectors continue to face criminal prosecution and convictions for refusing military service due to their religious beliefs;
- Azerbaijan continues to disregard both its constitutional obligation to provide alternative service and its commitments undertaken upon accession to the Council of Europe.
Free Voices Collective’s recommendations to the Committee of Ministers
Individual measures
Free Voices Collective notes that payment of just satisfaction alone does not fully execute the Court’s judgment and calls on the Azerbaijani authorities to:
- Quash the applicants’ criminal convictions and eliminate their criminal records;
- Ensure full restitutio in integrum through legislative reform recognising the right to conscientious objection and alternative civilian service.
General measures
The submission further calls on the Azerbaijani authorities to:
- Adopt without further delay legislation establishing genuine alternative civilian service in line with Convention standards;
- Impose a moratorium on the application of Article 321 of the Criminal Code against conscientious objectors until legislative reform is completed;
- Ensure that any alternative service is genuinely civilian, non-punitive and not excessively long;
- Inform the Committee of Ministers about progress concerning the draft legislation previously announced by the Government.
DH-DD(2026)960
Given Azerbaijan’s continued failure to introduce alternative civilian service, the ongoing criminal prosecution of conscientious objectors, and recent legislative amendments further restricting their rights, the communication urges the Committee of Ministers to maintain enhanced supervision of the Mushfig Mammadov and Others v. Azerbaijan case and closely monitor legislative developments concerning the right to conscientious objection and alternative military service.
Click here to read the submission: Rule 9.2 – Communication on the case of Mushfig Mammadov and Others v. Azerbaijan (14604/08)
See our previous submission on: The Mushfig Mammadov and Others v. Azerbaijan