The ECHR communicated the case regarding travel bans from Azerbaijan.

The European Court of Human Rights has sent questions to the Azerbaijani authorities regarding complaints from 16 individuals who have alleged an unlawful ban on leaving the country. The complaints were filed by journalists, civil society activists, and experts who are involved in criminal cases as witnesses or suspects.

As reported by Caucasian Knot, on April 7, the European Court of Human Rights announced its decision on Khadija Ismayilova's complaint regarding the violation of her right to freedom of movement. the ECHR ordered the journalist to be paid 12,000 euros in compensation.

The European Court of Human Rights in Strasbourg has begun communication with the Azerbaijani government regarding the complaints of 16 applicants who have faced a ban on leaving the country. The questions sent to Baku concern the legal grounds and procedures for restricting the applicants' freedom of movement, Fariz Namazli, their lawyer, told a Caucasian Knot correspondent.

The applicants, he said, are journalists, civil activists, and experts; they are suspects or witnesses in various criminal cases. Among them are journalists Ulviya Ali (Guliyeva) and Khadija Ismayilova; activists Sahilya Aslanova, Minakhanim Alyarly, Elgiz Gahraman, Ilkhamiz Guliyev; and economist Togrul Veliyev.

"Two of the applicants, Ulviya Ali and Ilhamiz Guliyev, are currently in prison. Journalist Ulviya Aliyev is being held in pretrial detention as a defendant in the Meydan TV case, and Ilhamiz Guliyev is serving a prison sentence for drug-related charges. Both applicants were unlawfully restricted from leaving the country prior to their arrest. Elgiz Gahraman is also a defendant, but police supervision has been chosen as a preventive measure for him," Namazli said.

He noted that the ECHR already ruled this week that applicant Khadija Ismayilova's freedom of movement was restricted between 2016 and 2020. As the lawyer explained, in 2024, the journalist was again banned from leaving the country in the Toplum TV case, even though she is a witness in it.

He emphasized that Azerbaijani law does not provide for restrictions on leaving the country for individuals recognized as witnesses in criminal cases.

“According to the Migration Code, preventive measures can only be applied to suspects or accused persons; there are no legal grounds for restricting the freedom of movement of witnesses. However, it is common practice for witnesses being questioned to be prohibited from leaving the country. In such cases, people are effectively deprived of the opportunity to leave the country, but there is no clear and functioning legal mechanism for effectively challenging this restriction in court,” the lawyer explained.

According to the lawyer, the ECHR, in the Ismayilova case and other decisions, found that restrictions on witnesses’ travel are both unjustified and result in a violation of the right to freedom of movement guaranteed by Article 2 of Protocol No. 4 to the European Convention on Human Rights.

Law enforcement agencies often resort to restricting the travel rights of journalists, activists, and opposition members, another Azerbaijani told a “Caucasian Knot” correspondent.

“This measure is used to pressure government critics, as an unofficial punishment for their journalistic, human rights, and political activities. Investigators often use the ban to gather “evidence” for a planned arrest while they are still “witnesses.” However, the law clearly does not permit restrictions on a witness’s freedom of movement,” explained a lawyer who wished to remain anonymous.

Azerbaijan’s authorized representative to the ECHR was unavailable for comment.