The court's ruling states that the former National Television and Radio Council violated the applicants' right to freedom of expression by refusing to grant a broadcasting license to "Obyektiv Radio" in 2010.
Azerbaijan violated Article 10 of the European Convention on Human Rights, which guarantees freedom of expression, by denying a broadcasting license to "Obyektiv Television and Radio Broadcasting Company." This was stated in the European Court of Human Rights (ECHR) ruling issued on February 18.
In 2010, the applicants—founders of "Obyektiv Television and Radio Broadcasting Company" Mehman Aliyev, Emin Huseynov, and Rasul Jafarov—participated in a licensing tender to broadcast on the 103.3 FM radio frequency.
One of the applicants, Mehman Aliyev, is the director of the independent media outlet "Turan" Information Agency, while Rasul Jafarov is the founder of another independent station, "Alternative Radio."
According to "Azadlıq Radiosu," at the time, three candidates—"Obyektiv Radio," "Alternative Radio," and "Golden Prince" LLC—competed for the frequency. In January 2011, "Golden Prince" LLC was announced as the winner and began broadcasting under the name "Araz Radio."
Before the court's ruling, Rasul Jafarov reached an agreement with the government. Under this settlement, Jafarov agreed to withdraw his application in exchange for €3,000 ($3,100) in compensation from the government.
The other complainants, "Obyektiv Radio" and its founders Mehman Aliyev and Emin Huseynov, continued their case at the European Court of Human Rights (ECHR) with legal representation from media rights lawyer Rashid Hajili.
Following an investigation published by the Organized Crime and Corruption Reporting Project (OCCRP), it was revealed that "Golden Prince" LLC was handed over to Shamkhal Hasanli, the son of Ali Hasanov, who at the time was the head of the Presidential Administration’s Public and Political Affairs Department.
The Institute for Reporters’ Freedom and Safety (IRFS) stated that the ECHR ruling highlights deep political interference in the process of granting media licenses in Azerbaijan.