{"id":4345,"date":"2022-07-14T17:05:38","date_gmt":"2022-07-14T16:05:38","guid":{"rendered":"http:\/\/ehrac.org.uk\/?p=4345"},"modified":"2023-10-07T14:21:41","modified_gmt":"2023-10-07T13:21:41","slug":"azerbaijan-court-rules-investigation-into-writers-murder-was-ineffective","status":"publish","type":[75,72],"link":"http:\/\/ehrac.org.uk\/en_gb\/azerbaijan-court-rules-investigation-into-writers-murder-was-ineffective\/","title":{"rendered":"Azerbaijan: Court rules investigation into writer\u2019s murder was ineffective"},"content":{"rendered":"

Content warning: death by stabbing<\/em><\/h3>\n

On July 7, 2022, the European Court of Human Rights (ECtHR) ruled<\/a> that the domestic investigation into the fatal stabbing of columnist Rafig Tagiyev in Azerbaijan was ineffective.<\/p>\n

In its judgment<\/a> in Tagiyeva v. Azerbaijan, <\/em>the Court found that Mr Tagiyev\u2019s wife\u2019s rights under the European Convention on Human Rights<\/a> (ECHR) were violated after she was denied access to case files and to information about the investigation.<\/p>\n

\u201cThis judgment highlights a deeply systemic problem in Azerbaijan\u2019s criminal justice system in which victims are denied access to investigation materials until the case is closed, effectively allowing zero scrutiny of law enforcement’s actions,\u201d said Ramute Remezaite, EHRAC Senior Legal Consultant and Implementation Lead.<\/p>\n

\u201cThe law allowing this practice to continue should be changed without delay.\u201d<\/p>\n

Writer killed after religious fatwa issued<\/strong><\/p>\n

Rafig Tagiyev was a columnist who wrote on various social issues including the role of religion in society. In his writing, he was highly critical of Iran\u2019s influence in Azerbaijan and around the world.<\/p>\n

In November 2006, following the publication of an article in which he criticised Islam, one of the most prominent religious figures of Iran issued a religious fatwa calling for his death.<\/p>\n

“Unfortunately, this is not the first case in Azerbaijan in which a journalist has been attacked and the perpetrators have remained unpunished.”<\/p><\/blockquote>\n

Mr Tagiyev and his family were placed under police protection and forced to move house. Criminal proceedings were issued against him and the newspaper\u2019s editor over the publication of the article.<\/p>\n

In May 2007, Mr Tagiyev was found guilty of public incitement to ethnic, racial, social or religious hatred and hostility and sentenced to three years\u2019 imprisonment.<\/p>\n

His conviction was the subject of the ECtHR\u2019s judgment in Tagiyev and Huseynov v. Azerbaijan<\/em><\/a>, in which the Court ruled that Mr Tagiyev\u2019s right to freedom of expression (ECHR Article 10) had been violated.<\/p>\n

In its decision in the case, the Court was required to consider whether there was a violation to Mr Tagiyev\u2019s right to freedom of expression while balancing any interference with the religious rights of others.<\/p>\n

The Azerbaijani government had argued the article had been an abusive attack on Islam, while the ECtHR deemed<\/a> it to be about the role of religion in society, which it considered a matter of public interest. The Court therefore ruled<\/a> that there was \u2018no dispute\u2019 that Mr Tagiyev\u2019s criminal conviction amounted to an interference with his right to freedom of expression.<\/p>\n

Six months after he was convicted, Mr Tagiyev received a presidential pardon and was released from prison. Following his release, he continued to write for various newspapers and journals.<\/p>\n

On November 10, 2011, an article of Mr Tagiyev\u2019s was published in which he criticised Iran and its foreign policy. A week later, while on his way home, Mr Tagiyev was stabbed by an unknown person who fled the scene. He died in hospital four days later.<\/p>\n

The day after Mr Tagiyev was attacked, criminal proceedings were opened, and investigators managed to question him as a victim several times before his death.<\/p>\n

During the investigation into Mr Tagiyev\u2019s death, his wife was repeatedly denied access to case files and information. She submitted several complaints about law enforcement\u2019s practice, but these were dismissed by the authorities on the basis that domestic law allows victims such access only after the investigation is finalised.<\/p>\n

“This judgment highlights a deeply systemic problem in Azerbaijan\u2019s criminal justice system in which victims are denied access to investigation materials until the case is closed, effectively allowing zero scrutiny of law enforcement’s actions.”<\/p><\/blockquote>\n

In 2013, the investigation was suspended indefinitely due to an inability to identify the perpetrator of the crime. Ms Tagiyeva has had no access to the investigatory material on her husband\u2019s stabbing to date.<\/p>\n

EHRAC brings case before European Court of Human Rights<\/strong><\/p>\n

EHRAC brought the case before the ECtHR on behalf of Mr Tagiyev\u2019s wife alongside our partner Media Rights Institute (an organisation which has ceased to exist since the 2014 crackdown<\/a> on civil society in Azerbaijan).<\/p>\n

In our submission, we argued that the Azerbaijani authorities had failed to protect Mr Tagiyev\u2019s right to life and to effectively investigate his murder. We also argued that he was targeted for exercising his freedom of expression.<\/p>\n

In July 2022, the Court ruled that the investigation into Mr Tagiyev\u2019s murder was ineffective (a procedural violation of ECHR Article 2). The judgment states that it was \u2018unacceptable\u2019 for Mr Tagiyev\u2019s wife to be denied access to case materials and information, and highlights several other cases<\/a> against Azerbaijan in which similar violations occurred.<\/p>\n

The Court dismissed our claim that the authorities had failed to protect Mr Tagiyev\u2019s right to life. It found that while the issuance of a fatwa may sometimes trigger a state\u2019s duty to act, the circumstances in Mr Tagiyev\u2019s case were not a sufficient basis for the state to implement protective measures. The Court also noted that Mr Tagiyev did not appeal to the authorities for protection, nor did he say he had faced any direct threats or intimidation.<\/p>\n

The Court decided not to consider the violation of the right to freedom of expression separately from the right to life complaint.<\/p>\n

\u201cUnfortunately, this is not the first case in Azerbaijan in which a journalist has been attacked and the perpetrators have remained unpunished. Such a situation is detrimental to free media and enhances self-censorship,\u201d said Khalid Aghaly, chairman of Azerbaijan-based NGO Media Rights Group.<\/p>\n

\u201cThe ECtHR judgment in this case is an important reminder of how important it is to disclose such heinous crimes in order to protect media freedom.\u201d<\/p>\n

\u201cAs far as states abiding by its obligations are concerned, the Azerbaijani authorities should go back to this case and reopen the investigation. This is very important in terms of building a prosperous, democratic country.\u201d<\/p>\n

The ECtHR ordered the state to pay 12,000 EUR in non-pecuniary damage and 2,000 EUR in costs and expenses.<\/p>\n","protected":false},"excerpt":{"rendered":"

Content warning: death by stabbing On July 7, 2022, the European Court of Human Rights (ECtHR) ruled that the domestic investigation into the fatal stabbing of columnist Rafig Tagiyev in…<\/p>\n","protected":false},"author":16,"featured_media":3578,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"_monsterinsights_skip_tracking":false,"footnotes":"","_links_to":"","_links_to_target":""},"categories":[1],"tags":[120],"country":[34],"theme":[116,115],"class_list":["post-4345","post","type-post","status-publish","format-standard","has-post-thumbnail","category-uncategorised","tag-civic-space-and-democratic-accountability","country-azerbaijan","theme-civic-space-and-democratic-accountability","theme-conflict-and-security-force-abuses","type-case-summary","type-ehrac-news"],"acf":[],"yoast_head":"\nAzerbaijan: investigation into writer\u2019s murder 'ineffective'<\/title>\n<meta name=\"description\" content=\"The 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