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CW: domestic violence, including emotional and physical abuse; attempted femicide\u00a0\u00a0<\/span><\/b>\u00a0<\/span><\/p>\n

The European Court of Human Rights has granted an urgent request for interim measures, <\/span>ordering Azerbaijan to take steps to protect a woman from the sudden release of her ex-husband. In 2019, the man was charged with the attempted murder of the woman and her mother, with this attack following a long and well-documented campaign of domestic violence. Having been moved from pre-trial detention to a psychiatric hospital, he could be released at any time, and would present a significant risk to the woman\u2019s life. There is also no requirement under Azerbaijani law for the domestic courts tasked with deciding on his release to also conduct an assessment of the risk his would likely still pose to his ex-wife and her family if released.<\/span><\/p>\n

The Court\u2019s decision to grant interim measures is – to EHRAC\u2019s knowledge – the first time it has done so in in a case involving domestic violence. Welcoming the decision, EHRAC\u2019s Co-Director, Jessica Gavron, said: \u201cVictims of domestic violence must be protected by the authorities. The primary applicant in this case was subjected to harassment, emotional and physical abuse, and death threats, but her pleas for justice were met with silence, indifference and excuses. The result? Her abuser remained free, to threaten and attempt to kill her.<\/span><\/p>\n

\u201cThe Court\u2019s decision to grant interim measures provides some reassurance, but the authorities\u2019 intransigence in this case confirms our serious and ongoing concerns regarding the failure to protect victims of domestic violence in Azerbaijan, and the need to address the systemic, gender-based discrimination which underpins it. With our partners, we will continue to monitor Azerbaijan\u2019s compliance with the Court\u2019s order, and to demand progress on the wider issues highlighted by this case.\u201d<\/span><\/p>\n

The case \u2013 RB and NG v Azerbaijan<\/span><\/b><\/p>\n

Throughout their ten-year marriage, the primary applicant in this case, RB, was subjected to physical and emotional abuse by her husband, FA. This continued after their divorce in 2018. The man also harassed RB\u2019s two children and her mother, NG. In 2019, the man attempted to murder RB and NG.<\/span><\/p>\n

The authorities repeatedly failed to investigate the woman\u2019s complaints of domestic violence despite officials witnessing harassment, violence and\/or threats to kill on at least two occasions. The police downplayed one attack, refused to open a criminal investigation into FA\u2019s death threats on the basis that RB had not suffered \u2018harm to health\u2019, and then advised the woman to withdraw this complaint.<\/span><\/p>\n

In the months that followed, RB submitted numerous further complaints, but received no response. <\/span>FA\u2019s death threats were eventually considered by an administrative court, but he was let off with a small fine, with the court suggesting that <\/span>the fact the dispute had occurred between \u2018former family members\u2019 was a mitigating factor.<\/span><\/p>\n

A 30-day protective order was issued in May 2019, but this was neither renewed nor extended.<\/span><\/p>\n

On 5 August 2019, FA attempted to kill RB and NG outside the District Court, where they were attending a hearing on FA\u2019s visitation rights in respect of the couple\u2019s two children.<\/span><\/p>\n

The subsequent criminal proceedings against FA, on charges of \u2018<\/span>pre-meditated murder with special cruelty or a dangerous method\u2019 and \u2018hooliganism\u2019<\/span> were suspended twice as a result of psychiatric assessments. The first such assessment found no evidence of mental illness, and the applicants have questioned the approach to subsequent examinations. Despite this, <\/span>in October 2022, FA was moved to a psychiatric hospital.<\/span><\/p>\n

FA has continued to harass RB, by telephone, throughout his pre-trial detention. In the psychiatric hospital, FA is subject to ongoing psychiatric assessments, and RB feared that he could be released into outpatient care without sufficient warning, and without any consideration of the risk he would continue to pose to her and her family.<\/span><\/p>\n

Interim measures<\/span><\/b><\/p>\n

EHRAC and our partner lawyer Faraz Namazli submitted a Rule 39 request for interim measures alongside our application in the case.<\/span><\/p>\n

In our request, we argued that there is a real risk that FA \u00a0would kill RB , if he is released.<\/span><\/p>\n

We asked the Court to order the Azerbaijani authorities to take a range of measures to ensure that RB\u2019s life, health and personal integrity are fully and effectively protected. These included:<\/span>\u00a0<\/span><\/p>\n