EUROPEAN COURT OF HUMAN RIGHTS JUDGMENT OF 8 SEPTEMBER 2026

Abdulaliyev and Ismayilov v. Azerbaijan (applications nos. 64510/17 and 39664/18)

The applicants, Shamil Adil oglu Abdulaliyev and Agil Azer oglu Ismayilov, are two Azerbaijani nationals who were born in 1985 and 1995 respectively. When their applications were lodged they were serving prison sentences in Baku for, among other things, murder, preparing terrorist acts, inciting mass disorder and illegally acquiring, possessing and carrying weapons. They were released in 2021, after receiving presidential pardons.

The case concerns a police operation on a house in Nadaran (a suburb of Baku) to verify a tip-off that members of Müsəlman Birliyi (“the MB”), an unregistered religious movement established by a group of Shia Muslims in 2015, were preparing mass disorder and terrorist acts. The applicants, supporters of the MB, maintain that they were attending a religious gathering at the house and that police opened fire indiscriminately on them. The police contest this version, stating that they were attacked by members of the MB, with guns, grenades and knives. Six people were killed and many others were injured, including the applicants.

Relying on Article 3 (prohibition of inhuman and degrading treatment) and Article 13 (right to an effective remedy) of the European Convention on Human Rights, the applicants allege that the police used excessive force when arresting them, that they were not provided with adequate medical treatment for their injuries while in detention, that they were ill-treated during their arrests and detention and that the authorities failed to conduct an effective investigation into their complaints of ill-treatment.

Violation of Article 3 (ill-treatment) on account of the excessive use of force during the applicants’ arrests

Violation of Article 3 owing to the failure to provide adequate medical treatment in respect of both applicants

No violation of Article 3 (ill-treatment) on account of the applicants’ detention

Violation of Article 3 (investigation) owing to the lack of effective investigation into the applicants’ complaints of ill-treatment during their arrests and detention

Just satisfaction:

• non-pecuniary damage: 10,000 euros (EUR) to each applicant

• costs and expenses: EUR 1,500 to each applicant