The European Court of Human Rights (ECHR) ruled on Thursday that Georgia and Azerbaijan violated the rights of Azerbaijani journalist Afghan Mukhtarli. The violations pertain to his right to an effective investigation and his right to private life. The case revolves around Mukhtarli’s alleged abduction, mistreatment, and unlawful transfer from Georgia to Azerbaijan.
Mukhtarli contended that he was abducted in Tbilisi, mistreated, and forcibly relocated to Azerbaijan, with either the active participation or tacit approval of Georgian authorities. He argued that the investigation into these incidents was ineffective, infringing upon Articles 3 and 5 of the European Convention on Human Rights, which prohibit torture and guarantee the right to liberty and security.
Despite the court’s inability to determine the abduction “beyond reasonable doubt,” it found that the failure of the Georgian authorities to conduct a thorough and effective investigation significantly contributed to the murkiness surrounding the facts. The inadequate preservation of CCTV evidence and the lack of genuine efforts to verify Azerbaijan’s account constituted a violation of Georgia’s obligations under the Convention. Consequently, Georgia was ordered to compensate EUR 10,000 for non-pecuniary damage and EUR 2,500 for costs and expenses.
In a joint concurring opinion, Judges Šimáčková and Elósegui expressed concerns over the independence of Georgia’s investigation. They highlighted that instructions from senior Georgian political officials to the investigating agency, which were aimed at exonerating police involvement, compromised the investigation’s impartiality.
Furthermore, the court ruled that Azerbaijan violated Mukhtarli’s right to private life. The court noted that although Azerbaijani law does not specifically regulate searches of digital content on mobile devices, such searches should still require judicial authorization under the general provisions of search and seizure in Azerbaijan’s Code of Criminal Procedure. The warrantless “inspection” of Mukhtarli’s phone was therefore deemed unlawful, and Azerbaijan failed to justify the infringement as pursuing a legitimate aim.
Mukhtarli vanished from Tbilisi on May 29, 2017, reappearing in custody in Baku the next day. Amnesty International reported that he was “at risk of torture and other ill-treatment.” In June 2017, the European Parliament condemned his abduction and subsequent detention. Despite international outcry, Mukhtarli was sentenced in January 2018 to six years in prison on charges including illegal border crossing, money smuggling, and disobeying police orders, but was eventually released in March 2020.
Further details on the ruling can be found on the JURIST website.