On September 5, the European Court of Human Rights (ECHR) delivered its ruling in the case of Mukhtarli v. Azerbaijan and Georgia, determining that Georgia violated Articles 3 and 5 of the European Convention on Human Rights by failing to effectively investigate the abduction, mistreatment, and unlawful transfer of journalist Afghan Mukhtarli to Azerbaijan. The Court ordered Georgia to pay EUR 10,000 for non-pecuniary damages and EUR 2,500 for costs.

The ECHR noted that although Georgia began an investigation on May 30, 2017, immediately after learning of the abduction, it did not meet the standards of effectiveness required under Article 143 Part 1 of the Criminal Code concerning unlawful deprivation of liberty. The Court found violations of Articles 3 (prohibition of torture) and 5 (right to liberty and security), but did not identify violations of the substantive aspects of those articles.

Regarding Azerbaijan, the ECHR identified violations of Article 5(3) and Article 8 (right to respect for private and family life), ordering Azerbaijan to pay EUR 6,000 for non-pecuniary damages and EUR 2,500 for costs.

In a joint concurring opinion, Judges Šimáčková and Elósegui supported the Chamber’s conclusions but raised concerns about the independence of the investigation in Georgia, citing potential political interference. They criticized the Chamber for not adequately addressing the impact of high-level officials on the investigation and the credibility of allegations against the applicant in Azerbaijan. They emphasized that political pressures should not affect investigations or judicial processes, noting that police are more vulnerable to such pressures than judges, which could compromise impartiality.