"Center for Social Justice": Strasbourg Court prohibits the extradition of Afghan Sadigov to Azerbaijan

The Strasbourg Court has prohibited the extradition of Afghan Sadigov to Azerbaijan. This information was shared by the "Center for Social Justice."

The "Center for Social Justice" urges the Georgian Ministry of Justice and Anri Okhanashvili to properly implement the European Court of Human Rights' decision from January 14, 2025, and to prevent the extradition of Afghan Sadigov to Azerbaijan, taking all necessary measures, including timely coordination with the relevant authorities.

The center also urges the Ministry to prevent the extradition of Afghan Sadigov to Azerbaijan, where there is a very high risk of violation of his fundamental rights, and to unconditionally uphold Georgia's international obligations in the field of human rights.

"Today, on January 15, 2025, the judge of the Tbilisi Court of Appeals, Davit Akhalbedashvili, rejected Afghan Sadigov's appeal regarding the denial of refugee or humanitarian status in Georgia. This court was the last instance capable of protecting the rights of the displaced journalist and editor and halting his extradition. Unfortunately, they lacked the necessary independence and integrity to safeguard the absolute rights of the displaced journalists.

In this context, the Center for Social Justice addressed the European Court of Human Rights on January 10, 2025 (and previously on December 9, 2024), requesting the application of interim measures according to Rule 39 of the Court's rules, and the suspension of Afghan Sadigov's extradition to Azerbaijan. This mechanism is used when there is a high and irreversible risk of rights violations, and it is necessary to stop actions contrary to the Convention by states.

The European Court of Human Rights accepted our request and, on January 14, 2025, issued a decision directing the Georgian authorities that, for the proper administration of justice and to ensure the proper legal process, Afghan Sadigov should not be extradited to the Republic of Azerbaijan until the seventh day following the decision of the Court of Appeals. The Court also indicated that the complaint should be prioritized under Rule 41.

This decision is an interim measure by the European Court, as the case had not yet been concluded at the national courts. However, there was a theoretical chance that the Court of Appeals might have granted Afghan Sadigov international protection status in Georgia. The European Court did not interfere with the national courts' competence and waited until the national legal remedies were exhausted. The final decision will be made by the European Court after the national courts' final decision.

At this moment, the Center for Social Justice is sending a letter to the European Court of Human Rights regarding the Court of Appeals' decision today. We request an extension of the interim measure to ensure that Afghan Sadigov is not extradited to Azerbaijan until the European Court makes a substantial and final decision on the case.

It is important to note that according to Article 34 of the Law of Georgia on "International Cooperation in Criminal Matters," even if the Georgian Supreme Court considers the person's extradition admissible, the Georgian Minister of Justice can make a negative decision based on international obligations and humanitarian purposes. As is known, Anri Okhanashvili has not yet made a decision on this matter. However, we do not expect that, given the clearly political context of the case, Anri Okhanashvili will make a just decision.

It is important for us that the European Court of Human Rights accepted our application and halted the extradition of Afghan Sadigov to Azerbaijan. The European Court was the only legal mechanism that stopped the violation of human rights by two governments in this critical situation.

In light of the above, the Center for Social Justice calls on the Georgian Ministry of Justice and Anri Okhanashvili:

- To immediately implement the European Court of Human Rights' decision from January 14, 2025, and prevent the extradition of Afghan Sadigov to Azerbaijan, taking all necessary measures, including timely coordination with the relevant authorities. - To prevent the extradition of Afghan Sadigov to Azerbaijan, where there is a very high risk of violation of his fundamental rights, and unconditionally uphold Georgia's international obligations in the field of human rights.

The Center for Social Justice will promptly inform the public about the European Court's final decision on extending the interim measure."

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