The Azerbaijani journalist waited for the ECHR's decision for 12 years after his arrest on charges of treason.
Journalist Rauf Mirgadirov expressed satisfaction with the ECHR's decision, which allowed him to remove the label of a state traitor. The Strasbourg court recognized a violation of the journalist's right to a fair trial, pointing to the insufficiency of the evidence against him and the lack of proper assessment in the courts, and ordered Azerbaijan to pay Mirgadirov 3,600 euros as compensation for moral damage.
As reported by "Caucasian Knot", the observer of the Russian-language newspaper "Mirror", Rauf Mirgadirov, is accused in Azerbaijan of espionage in favor of Armenia, which Mirgadirov himself denies. On December 28, 2015, a court in Baku found the journalist guilty of treason and sentenced him to six years in prison. In March 2016, the appellate court in Baku replaced the actual sentence with a suspended one.
In April 2017, the ECHR completed communication on Mirgadirov's complaint regarding the violation of his rights guaranteed by Article 5 (right to liberty and security) of the European Convention on Human Rights. In September 2016, Rauf Mirgadirov left for Switzerland to meet with relatives who have been living there since 2014. In March 2017, he received political refugee status in Switzerland.
The European Court of Human Rights (ECHR) announced its decision on the complaint of Azerbaijani journalist Rauf Mirgadirov, who challenged the guilty verdict in the treason case.
As noted in the ruling of the Strasbourg court, in 2014-2015, the Azerbaijani special services charged Mirgadirov with "transmitting secret information to Armenian special services during contacts under the guise of public diplomacy." It was alleged that he collected information about "strategic and military facilities," including Baku airport and the highway in that direction. In December 2015, the Baku Serious Crimes Court sentenced the journalist to six years in prison, but later the appellate court replaced the actual punishment with five years of probation.
Mirgadirov appealed to the ECHR, claiming a violation of Article 6 of the Convention (right to a fair trial), stating the inadequacy of the evidence and the disregard of his arguments by national courts.
Upon reviewing the materials, the ECHR noted that the presented audio recordings and transcripts of conversations were extremely fragmentary and unclear, and the key "secret" images of the objects, according to the defense, were publicly available on Google Earth.
At the same time, Azerbaijani courts blindly relied on letters from the Ministry of National Security, refusing to check the availability of the images online or to interrogate the witnesses indicated by the defense. As a result, the ECHR concluded that the judicial proceedings against the journalist did not meet the standards of fairness and established a violation of Article 6 § 1 of the Convention. The court ruled that Azerbaijan must pay Mirgadirov 3,600 euros as compensation for moral damage, while rejecting claims for compensation for material damage and legal costs due to a lack of sufficient supporting documents.
Journalist Rauf Mirgadirov, who is in political exile in Switzerland, positively assessed the decision of the European Court of Human Rights (ECHR), which recognized the violation of his right to a fair trial in the case of the treason charge. At the same time, he expressed regret that it took him more than 12 years after his arrest to restore justice.
"The ECHR recognized the trial against me for treason as unfair. This joy is overshadowed by the fact that the court's decision came twelve years after my arrest," Mirgadirov told a correspondent of the "Caucasian Knot".
According to him, this is not the first decision of the Strasbourg court regarding his case; earlier, the ECHR upheld the journalist's complaint about pre-trial detention.
In September 2017, the ECHR recognized a violation of Mirgadirov's rights under Article 5 of the European Convention – "Right to liberty and security", as well as under Article 6 "Right to a fair trial" and Article 8 "Right to respect for private life", and ordered compensation of 20,000 euros.
However, Mirgadirov emphasized that this time the ECHR examined the criminal process that ended with his conviction under Article 274 of the Criminal Code of Azerbaijan (treason), rather than the circumstances of his arrest and detention.
Mirgadirov explained that the ECHR cannot overturn the national verdict by issuing an acquittal instead. However, the conclusions of the Strasbourg court are of fundamental importance, as they call into question the evidentiary basis of the accusation.
"The ECHR indicated that the transcript of the conversation used against me was so fragmentary and unclear that it was unreasonable to assert that I transmitted information that could threaten the security of Azerbaijan. Azerbaijani courts simply accepted the materials from the Ministry of National Security as established facts, without independently examining the evidence," the journalist noted.
According to him, the testimonies of witnesses also did not provide grounds for concluding his guilt, and his objections to the charges were recognized by the European court as strong, relevant to the case, and well-founded.
"That is why, for me personally, the meaning of this decision is quite clear. The label of a state traitor has been removed from my name," Mirgadirov stated.
He noted that the accusation of treason was a heavy blow not only to his freedom but also to his reputation and dignity.
"One can argue with my political position, my articles, beliefs, and criticism of the authorities. But to accuse a person of betraying their own country means to strike not only at their freedom but also at their name, dignity, and entire biography," the journalist said.
Mirgadirov is now 65 years old. He admitted that the wait for the ECHR's decision took on special meaning considering his health condition.
"The decision of the European court came twelve and a half years after my arrest. I am 65 years old today. I have, like probably many people my age, my own illnesses. They are not fatal, but most likely already incurable and will accompany me until the last hour of my life. Therefore, the phrase 'I lived to see this decision' is not just a figure of speech for me. I really lived to see it. But I could have not lived... and this leaves a bitter taste to my joy," he said.
The journalist expressed concern for the fate of other people who have been waiting for years for decisions from international judicial bodies to achieve recognition of the injustice of their persecution. According to him, among them are seriously ill people, including those suffering from cancer and other life-threatening diseases.
"A person should not have to wait for the clearing of their name until the last hour of their life. Justice should not only triumph. It should be timely. Timely, while a person is alive," Mirgadirov emphasized.
He also mentioned that he spent two years in solitary confinement, calling it a severe test for his psyche and ability to maintain himself. According to him, the moral support of lawyer Fuad Agaev helped him endure imprisonment.
Separately, Mirgadirov thanked lawyer Elmar Suleymanov, who, according to him, did a great job collecting and analyzing evidence of the journalist's innocence.
He also expressed gratitude to everyone who continued to believe in his innocence despite the severity of the charges against him.
Mirgadirov believes that international justice should ensure not only the quality of judicial decisions but also their timeliness, as prolonged waiting can deprive a person of the opportunity to restore their good name while they are alive.
The Azerbaijani representative to the ECHR, Chingiz Askerov, was unavailable for comment.