Azerbaijani journalist, Afgan Mukhtarli, won the dispute against Georgia and Azerbaijan in the European Court of Human Rights.

“The applicant, Mr Afgan Sabir oglu Mukhtarli, is an Azerbaijani national who was born in 1974 and lives in Germany.

The case concerns the alleged abduction, ill-treatment and covert transfer of the applicant, a well known Azerbaijani journalist, from Georgia to Azerbaijan in 2017, and his subsequent arrest and pretrial detention there. He asserts that these actions were intended to silence him and to punish him for his journalistic activities.

As regards Georgia, the applicant complains about his alleged abduction, ill-treatment and forcible transfer to Azerbaijan, and the relevant authorities’ failure to conduct an effective investigation in that regard. As regards Azerbaijan, the applicant alleges that his arrest and detention there was unlawful and unjustified. He relies on Articles 3 (abduction associated with ill-treatment and lack of effective investigation), 5 §§ 1 (c), 3 and 4 (right to liberty and security), 8 (right to respect for private and family life), 10 (freedom of expression), 13 (right to an effective remedy) and 18 (limitation on use of restrictions on rights) of the European Convention on Human Rights and Article 2 of Protocol No. 4 (freedom of movement) and Article 1 of Protocol No. 7 (procedural safeguards relating to expulsion of aliens) to the European Convention. As far as the actual abduction is concerned, the applicant’s relevant complaints, under Articles 3 and 5 of the Convention, concern only Georgia.

As regards Georgia:

Violation of Article 3 and 5 on account of the failure to carry out an effective investigation into the applicant’s allegations of abduction, ill-treatment and unlawful transfer to Azerbaijan. No violation of Article 3 and 5 (ill-treatment, detention)

Just satisfaction:
non-pecuniary damage: EUR 10,000 euros (EUR)
costs and expenses: EUR 2,500”, - reads the judgement.