Religion – Weltanschauung – Recht [ RWR ]

The applicant, Sardar Akif oglu Babayev, is an Azerbaijani national who was born in 1974 and lived in Masalli (Azerbaijan) at the time of the events in question. The case concerns the pre-trial detention and subsequent criminal conviction of Mr Babayev, a clergyman who obtained his religious education in Iran, for preaching and conducting Friday prayers in the Masalli Juma mosque. Pursuant to Article 168-1 of the Criminal Code the conducting of Islamic religious ceremonies by citizens of the Republic of Azerbaijan who had obtained their religious education abroad was criminalised. He received a three-year prison sentence.

He relies on Articles 3 (prohibition of inhuman and degrading treatment), 5 §§ 3 and 4 (right to liberty and security), 6 § 2 (presumption of innocence), 9 (freedom of thought, conscience and religion), 10 (freedom of expression), 11 (freedom of assembly and association), and 14 (prohibition of discrimination) of the European Convention on Human Rights.

• Violation of Article 3
• Violation of Article 5 § 3
• Violation of Article 9

Just satisfaction

• non-pecuniary damage: € 6,000,–
• costs and expenses: € 2,500,–

Press release ECHR 22 (2024) 01.02.2024