ELECTION MONITORING CENTRE AND OTHERS v. AZERBAIJAN - 64733/09 (Judgment : Article 11 - Freedom of assembly and association : Fifth Section) [2021] ECHR 1005 (02 December 2021)

ELECTION MONITORING CENTRE AND OTHERS v. AZERBAIJAN - 64733/09 (Judgment : Article 11 - Freedom of assembly and association : Fifth Section) [2021] ECHR 1005 (02 December 2021)

The repeated refusals and delayed registration were not prescribed by law nor pursued a legitimate aim. The dissolution was based on vague and unforeseeable legal provisions, applied arbitrarily to minor procedural breaches, and was not necessary in a democratic society. The seizure of the case file hindered the applicants' right of application.

Citation
[2021] ECHR 1005
Parties
Applicant Association: Election Monitoring Centre; Second Applicant: Anar Asaf oglu Mammadli; Third Applicant: Bashir Suleyman oglu Suleymanli; Respondent Government: Republic of Azerbaijan
Jurisdiction
European Union
Judgment Date
02 December 2021
Procedural Posture
Application to the European Court of Human Rights / Final Judgment
Outcome
Violation of Article 11 and Article 34 found against Azerbaijan.
Legal Topics
Freedom of Association, NGO Registration, Dissolution of Legal Entities, Right of Application
Human Rights Law Administrative Law Civil Law Freedom of Association NGO Registration Dissolution of Legal Entities Right of Application

Case Brief

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Parties

Election Monitoring Centre

Applicant Association

Anar Asaf oglu Mammadli

Second Applicant

Bashir Suleyman oglu Suleymanli

Third Applicant

Republic of Azerbaijan

Respondent Government

Procedural Posture

Application to the European Court of Human Rights / Final Judgment

Legal Issues

  1. 1 Whether repeated refusal and delay in registration of an NGO violated Article 11 (freedom of association)
  2. 2 Whether dissolution of the NGO was lawful and necessary under Article 11
  3. 3 Whether seizure of case-file violated Article 34 (right of application)

Ratio Decidendi

The repeated refusals and delayed registration were not prescribed by law nor pursued a legitimate aim. The dissolution was based on vague and unforeseeable legal provisions, applied arbitrarily to minor procedural breaches, and was not necessary in a democratic society. The seizure of the case file hindered the applicants' right of application.

Court Disposition

Violation of Article 11 and Article 34 found against Azerbaijan.

Orders

  • Azerbaijan to pay compensation to applicants.
  • Azerbaijan to ensure compliance with Article 11 and Article 34 in future NGO registration and dissolution procedures.