Communicated on 15 February 2021
Published on 8 March 2021
FIFTH SECTION
Application no. 4300/18
Samad Gurban oglu AGAYEV and Elnara Tofig gizi AGAYEVA against Azerbaijan
and 2 other applications
(see list appended)
SUBJECT MATTER OF THE CASES
The present applications concern repeated refusals by the Ministry of Justice to register non-governmental organisations as legal entities and alleged failure of the domestic courts to deliver reasoned decisions.
The applicants complain under Article 11 of the Convention that by failing to register the non-governmental organisations founded by them the domestic authorities breached their right to freedom of association. They also complain under Article 6 of the Convention that their right to a reasoned decision was breached because in the course of ensuing proceedings the domestic courts failed to address their serious and pertinent arguments.
QUESTIONS TO THE PARTIES
1. Did the applicants have a fair hearing in the determination of their civil rights and obligations, in accordance with Article 6 § 1 of the Convention? In particular, was the applicants’ right to a reasoned decision respected?
2. Has there been an interference with the applicants’ freedom of association, in particular, their right to form an association, within the meaning of Article 11 § 1 of the Convention? If so, was that interference prescribed by law and necessary in terms of Article 11 § 2?
APPENDIX
List of applicants
No.
Application no.
Lodged on
Applicant
Year of Birth
Place of Residence
Nationality
Represented by
1.
4300/18
12/01/2018
Samad Gurban oglu AGAYEV
1988
Shirvan
Azerbaijani
Elnara Tofig gizi AGAYEVA
1979
Shirvan
Azerbaijani
Yashar AGAZADE
2.
16103/18
24/03/2018
Vafa Karam gizi ALIZADE
1974
Baku
Azerbaijani
Zaman Khanoglan oglu
BUNYATOV
1969
Azerbaijani
Yashar AGAZADE
3.
37819/19
08/07/2019
Azer Hatam oglu ALIYEV
1975
Baku
Azerbaijani
Malik Hatam oglu ALIYEV
1969
Baku
Azerbaijani
Yashar AGAZADE
Full & Egal Universal Law Academy