The European Court of Human Rights ruled on Thursday that Georgia and Azerbaijan violated the rights of Azerbaijani journalist Afghan Mukhtarli, specifically his right to an effective investigation and his right to private life. The case involved Mukhtarli’s alleged abduction, ill-treatment and unlawful transfer of the Azerbaijani journalist from Georgia to Azerbaijan.
Mukhtarli claimed he was abducted in Tbilisi, ill-treated and forcibly transferred to Azerbaijan with either the involvement or tacit acquiescence of the Georgian authorities. He argued that investigations into these events has been ineffective, violating Articles 3 and 5 of the European Convention on Human Rights, which prohibits torture and secure the right to liberty and security respectively.
After reviewing the evidence, the court was unable to conclude “beyond reasonable doubt” that the abduction occurred as described. However, the court concluded that the Georgian authorities’ failure to conduct an effective and diligent investigation significantly contributed to the inability to establish the facts. The court found that poor preservation of the CCTV evidence and the lack of genuine effort to verify Azerbaijan’s account constituted a violation of Georgia’s obligation under the Convention to conduct an effective investigation. As a result, 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 their concerns over the lack of independence in Georgia’s investigation. They noted that instructions from senior Georgian political officials to the investigating agency, aimed at proving no police involvement in the incident, compromised the investigation’s impartiality.
Additionally, the court ruled that Azerbaijan violated Mukhtarli’s right to private life. It stated that although the domestic law does not specifically regulate searches of digital content on mobile telephone, such searches should still have been authorized by a court decision under the general provisions of search and seizure in Azerbaijan’s Code of Criminal Procedure. The “inspection” of Mukhtarli’s phone without a judicial warrant was therefore not “in accordance with law,” and Azerbaijan failed to justify the legitimate aim of the violation.
Mukhtarli disappeared from Tbilisi on May 29, 2017, only to reappear in custody in Baku the following day. Amnesty International reported that he was “at risk of torture and other ill-treatment.” In June 2017, the European Parliament condemned the abduction of Afghan Mukhtarli in Tbilisi and his subsequent detention in Baku. Despite international outcry, Mukhtarli was sentenced in January 2018 to six years in prison on charges of illegal border crossing, money smuggling, and disobeying police orders. He was eventually released in March 2020.
