Rule 9.2 – Communication on the Mahmudov and Agazade group of cases v. Azerbaijan (35877/04)

Free Voices Collective submitted Rule 9.2 Communication on the Mahmudov and Agazade group v. Azerbaijan cases to the Committee of Ministers of the Council of Europe on 21 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’ judgments in the Mahmudov and Agazade group of cases, which relate to violations of freedom of expression under Article 10 of the European Convention on Human Rights, including the criminal and civil prosecution of journalists for defamation and the misuse of criminal law to suppress independent media. The submission highlights the authorities’ failure to implement both individual and general measures required by the Court, while documenting further legislative and practical deterioration affecting journalists and media freedom in Azerbaijan.

The submission recalls that the European Court found that Azerbaijani authorities violated the applicants’ right to freedom of expression through criminal convictions for defamation, arbitrary use of criminal legislation against journalists, and disproportionate civil defamation sanctions. The Court stressed that such measures create a chilling effect on independent journalism and undermine democratic public debate.

Key concerns raised in the submission

The Rule 9.2 communication stresses that:

Azerbaijani authorities have failed to implement both individual and general measures despite longstanding supervision by the Committee of Ministers;
Several applicants remain unpaid despite ECtHR awards of just satisfaction, while domestic proceedings have not been reopened as required under Azerbaijani law;
Criminal defamation provisions under Articles 147 and 148 of the Criminal Code continue to be actively applied, including imprisonment for defamation offences;
The authorities have failed to adopt the legislative reforms repeatedly promised to decriminalise defamation and reduce sanctions;
Independent journalists continue to face criminal prosecution under non-defamation offences, lengthy prison sentences, widespread pre-trial detention, and increasing judicial harassment;
Azerbaijani authorities have expanded criminal proceedings against journalists living in exile, including convictions in absentia and criminal investigations targeting media operating from abroad;
Administrative legislation is increasingly being used to punish online expression, with Article 388-1 of the Code of Administrative Offences imposing administrative detention for social media posts;
Amendments adopted in December 2025 further expanded restrictions on online speech through vague provisions concerning “public morality” and “national values”, increasing the risk of arbitrary enforcement against journalists, bloggers and social media users;
The continued failure to execute the Court’s judgments has resulted in new and repetitive violations of freedom of expression.

Free Voices Collective’s recommendations to the Committee of Ministers

Individual measures

Free Voices Collective calls on the Committee of Ministers to urge the Azerbaijani authorities to:

Pay all outstanding just satisfaction awarded by the European Court to the remaining applicants;
Reopen domestic civil and criminal proceedings, acquit the applicants, erase criminal records, and eliminate all remaining consequences of the violations;
Regularly inform the Committee about progress in implementing individual measures.

General measures

The submission further calls on the Azerbaijani authorities to:

Decriminalise defamation under Articles 147 and 148 of the Criminal Code as a matter of priority;
Introduce a moratorium on imprisonment for defamation until legislative reform is completed and ensure compliance with the Supreme Court’s guidance;
Extend decriminalisation to Article 388-1 of the Code of Administrative Offences;
Amend Article 13-2 of the Law on Information, Informatization and Protection of Information by introducing safeguards against vague and overly broad restrictions on online expression;
Ensure effective judicial oversight over criminal investigations targeting journalists;
Replace pre-trial detention with less restrictive measures for journalists prosecuted on economic charges pending trial;
Provide comprehensive statistical information concerning convictions under criminal and administrative defamation provisions.

DH-DD(2026)959

Given the continued failure to implement the European Court’s judgments, the persistence of criminal and administrative sanctions for defamation, and the escalating crackdown on independent journalists both inside and outside Azerbaijan, the communication urges the Committee of Ministers to maintain enhanced supervision of the Mahmudov and Agazade group of cases and closely monitor further developments affecting freedom of expression and media independence in Azerbaijan.

Click here to read the submission: Rule 9.2 – Communication on the Mahmudov and Agazade group of cases v. Azerbaijan (35877/04)