The Committee of Ministers of the Council of Europe warned the Azerbaijani government about the consequences for not fulfilling the verdict of the European Court of Human Rights.
As a result of the meeting on September 19-21, the Council of Europe’s Committee of Ministers adopted final resolution on 267 judgments and decisions from the Strasbourg court, concerning 20 different countries, one of them Azerbaijan.
The Secretariat was instructed to prepare a draft interim resolution on the Ilgar Mammadov case which will give formal notice to Azerbaijan of Committee of Ministers' intention to submit to the European Court the issue of failure by the country to fulfill its obligation under Article 46 § 1 (failure to comply with the decision of the European Court) of the European Convention.
The resolution will be submitted to the meeting of the Committee on October 25, 2017.
Article 46 has never been applied. The essence of the application of Article 46 is that the Committee of Ministers conveys the question of not enforcing the decision of the ECHR to the court itself. If the latter comes to a conclusion that there is no execution and it is not legally justified, the matter is again submitted to the Committee of Ministers for taking appropriate measures in connection with the country's failure to meet its obligations to the organization. These measures can have the character of sanctions. However, experts have difficulties to predict in what form this can be implemented, because there is no precedent.