On January 15, 2025, Judge Davit Akhalbedashvili of the Tbilisi Court of Appeals dismissed Afgan Sadigov's appeal challenging the denial of his application for refugee or humanitarian status in Georgia. This judicial body represented the final domestic legal avenue capable of protecting the rights of the exiled journalist and editor and preventing his extradition. Consequently, the adjudication of Sadigov’s case by Georgian national courts has been concluded. Regrettably, these courts failed to demonstrate the necessary judicial independence and integrity required to fully uphold the journalist's absolute rights.

In response, on January 10, 2025 (and previously on December 9, 2024), the Social Justice Center appealed to the European Court of Human Rights (ECHR) to apply interim measure under Rule 39 of the Rules of Court, seeking a provisional measure to suspend Afgan Sadigov's extradition to Azerbaijan. This procedural mechanism is employed when there exists a substantial and irreparable risk of human rights violations, necessitating the suspension of state actions contrary to the European Convention on Human Rights.

On January 14, 2025, the ECHR granted this request, issuing an order directing the Georgian government, pursuant to Rule 39, to refrain from executing Sadigov’s extradition to the Republic of Azerbaijan until the expiration of seven days following the Court of Appeals' ruling. This directive aimed to ensure proper legal proceedings and protect the interests of all parties involved. The Court also prioritized the case under Rule 41 of its Rules.

This decision constitutes a preliminary interim measure, as proceedings in the national courts had not yet been fully exhausted. There remained a theoretical possibility that the Court of Appeals could have granted Sadigov international protection status in Georgia. The European Court respected the jurisdictional authority of the national courts and awaited the exhaustion of all domestic legal remedies. A final decision on the merits will be rendered by the European Court following the conclusion of domestic proceedings.

At present, the Social Justice Center is formally notifying the European Court of Human Rights of today’s ruling by the Tbilisi Court of Appeals and is requesting an extension of the interim measure to prevent Sadigov's extradition until the Court delivers its final judgment.

It is noteworthy that under Article 34 of Georgia's Law on International Cooperation in Criminal Matters, even if the Supreme Court deems extradition permissible, the Minister of Justice retains the discretionary authority to refuse extradition in consideration of international obligations and humanitarian grounds. However, Minister Anri Okhanashvili has yet to render a decision in this matter. Given the overtly political nature of this case, there is little expectation that Minister Okhanashvili will issue a fair and impartial ruling.

The Social Justice Center commends the European Court of Human Rights for granting the interim measure and halting Afgan Sadigov’s extradition. The ECHR has proven to be the sole legal mechanism capable of preventing the violation of fundamental human rights by the authorities of both states in this critical situation.

In light of these developments, the Social Justice Center calls upon the Ministry of Justice of Georgia and Minister Anri Okhanashvili to:

• Fully comply with the European Court of Human Rights' decision of January 14, 2025, and take all necessary measures, including timely coordination with relevant state agencies, to prevent Afgan Sadigov’s extradition to Azerbaijan.
• Refuse Sadigov’s extradition to Azerbaijan, where there is a significant risk of grave violations of his fundamental rights, and strictly uphold Georgia's international human rights obligations.

The Social Justice Center will promptly inform the public of the European Court's final decision regarding the extension of the interim measure.

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