CASE OF MUKHTARLI v. AZERBAIJAN AND GEORGIA

FIFTH SECTIONCASE OF MUKHTARLI v. AZERBAIJAN AND GEORGIA(Application no. 39503/17) JUDGMENT Art 3 and Art 5 (procedural and substantive) • Failure by Georgia to carry out an effective investigation into Azerbaijani national’s plausible allegations of abduction, ill-treatment and unlawful transfer from Georgia to Azerbaijan and that they were related to his journalistic activities • In view of investigation shortcomings, impossible to establish with sufficient certainty events leading to applicant’s disappearance from Georgia and reappearance in Azerbaijan • Court unable to conclude “beyond reasonable doubt” that alleged acts occurred with the involvement (active or passive) or acquiescence of the Georgia authoritiesArt 5 § 1 • Deprivation of liberty • Court unable to establish unlawfulness of applicant’s arrest and initial detention prior to being brought before by a judge in Azerbaijan …