Has the ECtHR in Mammadov 46(4) opened the door to findings of ‘bad faith’ in trials?

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Remezaite is Legal Consultant at EHRAC and a PhD Candidate at Middlesex University researching on the implementation of judgments of the European Court of Human Rights in the South Caucasus countries

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Has the ECtHR in Mammadov 46(4) opened the door to findings of ‘bad faith’ in trials?

July 4, 2019

Jessica Gavron

Ramute Remezaite

In the recent judgment of the European Court of Human Rights (the Court) in Ilgar Mammadov v Azerbaijan (Mammadov 46(4)) examined under Article 46(4) infringement proceedings, the Grand Chamber found that Azerbaijan had failed to comply with the Court’s original judgment in Ilgar Mammadov (Mammadov No.1) by refusing to release political activist Ilgar Mammadov, who was…