Communicated on 4 April 2018
FIFTH SECTION
Application no. 64606/16
Ilham AHMADOV against Azerbaijan
and 3 other applications
(see list appended)
SUBJECT MATTER OF THE CASES
The applications concern annulment of the applicants’ title to a plot of land and the non-residential premises on that plot of land, which they had obtained as bona fide buyers, upon the claim of the Ministry of Defence on the ground that the privatisation of the property in question ten years earlier and its subsequent transfer to the applicants had allegedly been unlawful. The applicants were not paid compensation.
QUESTIONS tO THE PARTIES
1. Were the applicants deprived of their possessions in the public interest, and in accordance with the conditions provided for by law, within the meaning of Article 1 of Protocol No. 1 to the Convention? In particular, were the applicants bona fide buyers? What were the requirements of the domestic law in respect of annulment of the title in case of bona fide buyers? Did the annulment of title without any compensation impose an excessive individual burden on the applicant (see Immobiliare Saffi v. Italy, [GC], no. 22774/93, § 59, ECHR 1999-V)?
2. Did the applicants have a fair hearing in the determination of their civil rights and obligations in the proceedings concerning the alleged violation of their property rights, in accordance with Article 6 § 1 of the Convention? In particular, was the principle of legal certainty respected with regard to the admission of the claim of the Ministry of Defence? Was the claim of the Ministry of Defence lodged within the statutory time-limit? When did the Ministry of Defence first become aware of the privatisation of the property in question?
APPENDIX
No.
Application no.
Lodged on
Applicant
Date of birth
Place of residence
Nationality
Represented by
64606/16
04/11/2016
Ilham AHMADOV
1967
Baku
Azerbaijani
Agil LAYIJOV
64916/16
05/11/2016
Gahraman GAFAROV
1968
Baku
Azerbaijani
Agil LAYIJOV
64929/16
05/11/2016
Gunduz TAHIRLI
1970
Baku
Azerbaijani
Agil LAYIJOV
64940/16
05/11/2016
Namig BAHADUR
1982
Baku
Azerbaijani
Agil LAYIJOV
Full & Egal Universal Law Academy