The European Court of Human Rights (ECHR) has issued a decision in the case of Azerbaijani journalist Afgan Mukhtarli, finding both Georgia and Azerbaijan in violation of several human rights conventions. The case, Mukhtarli v. Azerbaijan and Georgia, centers on Mukhtarli’s abduction from Tbilisi in 2017, his ill-treatment, and secret transfer to Azerbaijan.
The court found that Georgia had violated Articles 3 and 5 of the European Convention on Human Rights, noting the state’s failure to investigate Mukhtarli’s allegations of force, coercion, and ill-treatment during his detention.
The court also criticized the lack of investigation into his arrest and transfer to Azerbaijan. ECHR’s decision highlighted that, despite the seven years since the incident, Georgia has not provided any explanation for Mukhtarli’s disappearance from Tbilisi.
Archil Chopikashvili, Mukhtarli’s lawyer, criticized the Georgian authorities for their “inefficiency”, claiming, “the non-investigation of the case, which was established by the European Court, leaves all questions open”.
In response to these violations, the court has ordered Georgia to compensate Mukhtarli with €10,000 for moral damages and €2,500 for costs.
Azerbaijan was found to have violated Articles 5 and 8 of the Convention. The ECHR deemed Mukhtarli’s arrest and detention unjustified and criticized the search of his mobile phone without judicial oversight. Azerbaijan has been ordered to pay Mukhtarli €6,000 in moral damages and €2,500 in costs.
Chopikashvili also pointed out the broader implications of the ruling, suggesting that the “inefficacy of investigative bodies” needed addressing and that responsibility for Mukhtarli’s abduction should be clarified.
In July 2022, former high-ranking official Soso Gogashvili alleged that Mukhtarli’s abduction was orchestrated by Bidzina Ivanishvili, founder of the ruling Georgian Dream party. Mukhtarli, who was critical of the Azerbaijani government, disappeared from Tbilisi on May 29, 2017, and was arrested in Azerbaijan the following day. He was sentenced to six years in prison but was released in March 2020 and granted asylum in Germany, where he now lives with his family.