CASE OF VALIYEV AND OTHERS v. AZERBAIJAN (European Court of Human Rights)

Last Updated on October 8, 2020 by LawEuro

FIFTH SECTION
CASE OF VALIYEV AND OTHERS v. AZERBAIJAN
(Application nos. 17419/16 and 8 others – see appended list)
JUDGMENT
STRASBOURG
8 October 2020

This judgment is final but it may be subject to editorial revision.

In the case of Valiyev and Others v. Azerbaijan,

The European Court of Human Rights (Fifth Section), sitting as a Committee composed of:

Ganna Yudkivska, President,
Lado Chanturia,
Anja Seibert-Fohr, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,

Having deliberated in private on 17 September 2020,

Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in applications against Azerbaijan lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on the various dates indicated in the appended table.

2. The applicants were represented by Mr Ruslan Mustafazade Asabali oglu, a lawyer practising in Sumgayit city.

3. The Azerbaijani Government (“the Government”) were given notice of the applications.

THE FACTS

4. The list of applicants and the relevant details of the applications are set out in the appended table.

5. The applicants complained of the non-enforcement or delayed enforcement of domestic decisions.

THE LAW

I. JOINDER OF THE APPLICATIONS

6. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.

II. ALLEGED VIOLATION OF ARTICLE 6 § 1 OF THE CONVENTION AND OF ARTICLE 1 OF PROTOCOL No. 1

7. The applicants complained of the non-enforcement or delayed enforcement of domestic decisions given in their favour. They relied, expressly or in substance, on Article 6 § 1 of the Convention and on Article 1 of Protocol No. 1, which read as follows:

Article 6 § 1

“In the determination of his civil rights and obligations … everyone is entitled to a fair … hearing … by [a] … tribunal …”

Article 1 of Protocol No. 1

“Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.

The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties.”

8. The Court reiterates that the execution of a judgment given by any court must be regarded as an integral part of a “hearing” for the purposes of Article 6. It also refers to its case-law concerning the non-enforcement or delayed enforcement of final domestic judgments (see Hornsby v. Greece, no. 18357/91, § 40, Reports of Judgments and Decisions 1997‑II).

9. In the leading cases of Akhundov v. Azerbaijan, no. 39941/07, 3 February 2011; Jafarli and Others v. Azerbaijan, no. 36079/06, 29 July 2010; and Faber Firm and Jafarov v. Azerbaijan, no. 3365/08, 25 November 2010, the Court already found a violation in respect of issues similar to those in the present case.

10. Having examined all the material submitted to it, the Court has not found any fact or argument capable of persuading it to reach a different conclusion on the admissibility and merits of these complaints. Having regard to its case-law on the subject, the Court considers that in the instant case the authorities did not deploy all necessary efforts to enforce fully and in due time the decisions in the applicants’ favour.

11. These complaints are therefore admissible and disclose a breach of Article 6 § 1 of the Convention and Article 1 of Protocol No. 1.

III. APPLICATION OF ARTICLE 41 OF THE CONVENTION

12. Article 41 of the Convention provides:

“If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.”

13. Regard being had to the documents in its possession and to its case‑law (see, in particular, Akhundov, cited above; Faber Firm and Jafarov, cited above; and Mirzayev v. Azerbaijan, no. 50187/06, 3 December 2009), the Court considers it reasonable to award the sums indicated in the appended table.

14. The Court further notes that the respondent State has an outstanding obligation to enforce the judgments which remain enforceable.

15. The Court considers it appropriate that the default interest rate should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points.

FOR THESE REASONS, THE COURT, UNANIMOUSLY,

1. Decides to join the applications;

2. Declares the applications admissible;

3. Holds that these applications disclose breaches of Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 concerning the non‑enforcement or delayed enforcement of domestic decisions;

4. Holds that the respondent State shall ensure, by appropriate means, within three months, the enforcement of the pending domestic decisions referred to in the appended table;

5. Holds

(a) that the respondent State is to pay the applicants, within three months, the amounts indicated in the appended table, to be converted into the currency of the respondent State at the rate applicable at the date of settlement;

(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.

Done in English, and notified in writing on 8 October 2020, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Liv Tigerstedt                            Ganna Yudkivska

Acting Deputy Registrar             President

 

APPENDIX

List of applications raising complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1

(non-enforcement or delayed enforcement of domestic decisions)

No.	Application no. Date of introduction	Applicant’s name Date of birth	Representative’s name and location	Relevant domestic decision	Start date of non-enforcement period	End date of non-enforcement period Length of enforcement proceedings	Amount awarded for non-pecuniary damage per applicant (in euros)[1]	Amount awarded for costs and expenses per application (in euros)[2]
1.	17419/16 26/02/2016	Novruz Karam oglu VALIYEV 05/04/1961	Mustafazade Ruslan Asabali oglu Sumgayit	Sumgayit City Court, 13/07/2015	13/08/2015	pending More than 4 year(s) and 8 day(s)	2,400	200
2.	37827/16 20/06/2016	Mukhtar Imamverdi oglu NAGIYEV 24/06/1960	Mustafazade Ruslan Asabali oglu Sumgayit	Sumgayit District Court, 26/11/2015	26/12/2015	pending More than 3 year(s) and 7 month(s) and 26 day(s)	2,100	200
3.	41686/17 02/06/2017	Oktay Gudrat oglu MAMMADOV 06/01/1961	Mustafazade Ruslan Asabali oglu Sumgayit	Surakhani District Court, 08/09/2014	08/10/2014	pending More than 4 year(s) and 10 month(s) and 13 day(s)	3,000	200
4.	60493/17 10/08/2017	Heybat Khalil oglu ALIYEV 30/08/1958	Mustafazade Ruslan Asabali oglu Sumgayit	Sumgayit City Court, 16/05/2012	16/06/2012	pending More than 7 year(s) and 2 month(s) and 5 day(s)	3,600	200
5.	60715/17 10/08/2017	Sudaba Najmaddin gizi MEHDIYEVA 06/09/1956	Mustafazade Ruslan Asabali oglu Sumgayit	Yasamal District Court, 14/03/2017	14/04/2017	pending More than 2 year(s) and 4 month(s) and 7 day(s)	1,200	200
6.	81012/17 16/11/2017	Javanshir Ahmad oglu SAFAYEV 04/07/1957	Mustafazade Ruslan Asabali oglu Sumgayit	Khatai District Court, 08/08/2017	08/09/2017	pending More than 1 year(s) and 11 month(s) and 13 day(s)	900	200
7.	1432/18 11/12/2017	Samaya Mahammad gizi ALIYEVA 02/05/1950	Mustafazade Ruslan Asabali oglu Sumgayit	Sumgayit City Court, 08/06/2017	08/07/2017	pending More than 2 year(s) and 1 month(s) and 14 day(s)	1,200	200
8.	8799/18 08/02/2018	Nushaba Aydabala gizi MIKAYILOVA 27/06/1968	Mustafazade Ruslan Asabali oglu Sumgayit	Sumgayit City Court, 27/11/2014	27/12/2014	pending More than 4 year(s) and 7 month(s) and 25 day(s)	3,000	200
9.	27988/18 29/05/2018	Sharaphat Adil oglu NAGIYEV 23/08/1965	Mustafazade Ruslan Asabali oglu Sumgayit	Sumgayit Court of Appeal , 15/07/2016	15/07/2016	pending More than 3 year(s) and 1 month(s) and 6 day(s)	1,800	200

[1] Plus any tax that may be chargeable to the applicants.

[2] Plus any tax that may be chargeable to the applicants.