Communicated on 5 April 2018
FIFTH SECTION
Application no. 37706/17
Nabat BAGIROVA against Azerbaijan
and 11 other applications
(see list appended)
STATEMENT OF FACTS
A list of the applicants is set out in the appendix.
The circumstances of the cases
The facts of the cases, as submitted by the applicants, may be briefly summarised as follows.
On 12 December 2013 the head of the Baku City Executive Authority (“the BCEA”) issued order no. 501 (“the order of 12 December 2013”), on the basis of which the buildings and houses located in the area bounded by Azerbaijan, N. Narimanov and Inshaatchilar avenues and A. Huseynzade, Tolstoy, I. Gutgashinli, G. Khalilov, B. Aghayev and Landau streets (more commonly known as “Sovetski”) were to be resettled for the purpose of construction and landscaping works in connection with improvement of road-traffic infrastructure. The implementation of the order was assigned to the Yasamal District Executive Authority (“the YDEA”)
The applicants had houses and flats (“the properties”) located in the mentioned area.
Starting from the beginning of 2014, the representatives of the YDEA and various other State authorities had meetings with the residents in the area. At one of the meetings on 3 March 2014, A.S., the deputy head of the Cabinet of the Ministers of Azerbaijan (“the CM”) stated that the properties were not expropriated for State needs and thus, they would be purchased on the basis of contracts of sale to be concluded voluntarily. During a TV interview he made a similar statement and also indicated that the respective roads and communications to be constructed in the area were not of State importance. He also mentioned that if anyone was unhappy with the amount of compensation, they could refuse to sell their property, in which case they would not be demolished.
Sometime in spring 2014 the representatives of the YDEA instructed the residents in that area to leave their properties in exchange for 1,500 Azerbaijani manats (AZN) per sq. m. of their properties in compensation.
Some of the residents accepted the offer and left their properties. Following their departure the YDEA started destroying those residents’ properties and also completely or partially suspended provision of utility services to the remaining properties, which made living conditions very difficult for the remaining residents.
On 11 November 2015 the CM adopted decision no. 358, on the basis of which the YDEA was appointed as the State body acquiring the properties in Sovetski for the purpose of construction of roads and other communications of State importance. By the same order the CM also instructed the YDEA to carry out preparatory measures for acquisition of properties for State needs and to provide proposals to the CM about them.
Starting from December 2015, Azer Expert, a private company acting as an evaluator upon the YDEA’s request, issued evaluation reports in respect of the applicants’ properties. According to Azer Expert’s reports market value of all the properties to be expropriated was 1,250 AZN per sq. m. and thus, together with 20% additional compensation to be paid in accordance with the Presidential Decree No. 689, the compensation amount was 1,500 AZN per sq m., i.e. the same amount as offered by the State authorities in 2014.
On various dates the BCEA demolished the applicants’ properties.
On various dates and mainly after the demolition of their properties, some of the applicants concluded contracts of sale with the YDEA and received AZN 1,500 per sq. m of their respective properties.
On various dates the applicants lodged complaints against the YDEA or the YDEA lodged complaints against the applicants with the Baku Administrative-Economic Court No. 1 or the Yasamal District Court.
The YDEA asked for expropriation of the properties in question in return of the compensation based on Azer Expert’s reports and eviction of the applicants from those properties.
The applicants complained of breaches of their property rights, in particular that the expropriation and demolition of the properties had been unlawful and asked for pecuniary and non-pecuniary damage. Some of the applicants also asked the courts to declare the contracts of sale concluded between them and the YDEA unlawful because they had been signed under duress.
The applicants also complained that the compensation offered or already paid by the YDEA had been too low; indicating that the actual market prices of their properties had been much higher. In support of their complaints, some of the applicants submitted expert opinions regarding the market prices of their properties and also information about the average market prices in Sovetski determined by the Azerbaijan Mortgage Fund under the Central Bank.
The applicants in applications nos. 37706/17, 53054/17, 53409/17, 59194/17, 73757/17, 75028/17 and 79918/17 also claimed compensation for the land underneath and/or attached to their properties.
On various dates (see Appendix), the relevant first-instance courts granted the YDEA’s claims and dismissed the applicants’ complaints in full or in part, finding that the expropriation and the YDEA’s actions had been lawful and the amount of compensation had been adequate. In respect of the claims regarding the contracts of sale, the courts held that they had been concluded voluntarily and in accordance with the law.
On various dates the Baku Court of Appeal and the Supreme Court dismissed or partly dismissed the applicants’ appeals, largely reiterating the lower courts’ reasoning.
COMPLAINTS
1. The applicants in applications nos. 37706/17, 47835/17, 59194/17, 70301/17, 73757/17, 75028/17, 79918/17 and 753/18 complain under Article 6 § 1 of the Convention that the civil proceedings instituted by or against them in connection with the expropriation and demolition of their properties were not fair; in particular that the domestic courts delivered unreasoned judgments by failing to properly verify the compliance of the interference with the applicable domestic legislation.
2. The applicants in application no. 179918/17 complain under Article 6 § 1 of the Convention about the non-enforcement of the judgment of the Supreme Court.
3. The applicants in applications nos. 37706/17, 40384/17, 47835/17, 59194/17, 73757/17, 75028/17, 79918/17 and 753/18 complain, under Article 8 of the Convention, that the unlawful demolition of their properties and/or their unlawful eviction amounted to a violation of their rights to respect for their homes.
4. The applicants complain that the expropriation of their properties amounted to an unlawful and unjustified interference with their property rights under Article 1 of Protocol No. 1 to the Convention. They further complain that the amount of compensation paid for the properties was very low.
5. The applicants in applications nos. 37706/17, 53054/17, 53409/17, 59194/17, 73757/17, 75028/17, 79918/17 and 753/18 also complain, under Article 1 of Protocol No. 1 to the Convention, that they were not paid compensation for the land underneath and/or attached to their properties.
COMMON QUESTIONS
1. Have the applicants been 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? Moreover, were the amounts of compensation paid to the applicants fair and adequate in terms of Article 1 of Protocol No. 1?
2. In particular, what were the substantive and procedural conditions required by the applicable law for the expropriation to be lawful, and were those conditions complied with in the present cases?
3. If the interference was lawful, did that interference impose an excessive individual burden on the applicants (see, mutatis mutandis, Immobiliare Saffi v. Italy, [GC], no. 22774/93, § 59, ECHR 1999-V)?
4. The parties are requested to provide, where relevant and available, necessary documentary evidence in support of their replies and submissions, excluding the documents which have already been sent to the Court.
CASE SPECIFIC QUESTIONS
1. In respect of applications nos. 37706/17, 47835/17, 59194/17, 70301/17, 73757/17, 75028/17, 79918/17 and 753/18:
Did the applicants have a fair hearing in the determination of their civil rights and obligations in the proceedings concerning the violation of their property rights, in accordance with Article 6 § 1 of the Convention? In particular, was the applicants’ right to a reasoned judgment respected?
2. In respect of application no. 79918/17:
Was the non-enforcement of the judgment of the Supreme Court contrary to Article 6 § 1 of the Convention?
3. In respect of applications nos. 37706/17, 40384/17, 47835/17, 59194/17, 73757/17, 75028/17, 79918/17 and 753/18:
Has there been an interference with the applicants’ right to respect for their home, within the meaning of Article 8 § 1 of the Convention, on account of the demolition of their properties and their eviction from them by the executive authorities? If so, was that interference in accordance with the law and necessary in terms of Article 8 § 2?
4. In respect of applications nos. 37706/17, 53054/17, 53409/17, 59194/17, 73757/17, 75028/17, 79918/17 and 753/18:
Were the applicants paid any compensation for the land underneath and/or attached to their properties?
APPENDIX
No.
Application no.
Lodged on
Applicant
Date of birth
Place of residence
Nationality
Represented by
Expropriated Property
Compensation given
Initially or upon contract of sale (I) or
by court decision (CD)
Domestic courts’ judgments/decisions
37706/17
18/05/2017
Nabat BAGIROVA
1960
Baku
Azerbaijan
Fuad AGAYEV
House no. 55 a, M.F. Akhundov street, Baku (and land underneath the house)
AZN 398,885 (I)
Baku Administrative Economic Court No. 1, 02/05/2016
Baku Court of Appeal, 22/07/2016
Supreme Court, 08/12/2016
40359/17
26/05/2017
Esmira RAHMANZADA
1969
Baku
Azerbaijan
Khalid BAGIROV
Flat at house no. 82, M. Aliyev street, Baku
AZN 44,360 (I)
Baku Administrative Economic Court No. 1, 08/11/2016
Baku Court of Appeal, 12/01/2017
Supreme Court, 29/03/2017
40384/17
26/05/2017
Zarina NUTSALOVA
1988
Makhachkala
Azerbaijan
Khalid BAGIROV
A flat at house no.91, M. Mukhtarov street, Baku
AZN 33,750 (CD)
Baku Administrative Economic Court No. 1, 06/09/2016
Baku Court of Appeal, 07/11/2016
Supreme Court, 22/02/2017
47835/17
23/06/2017
Fikrat GULIYEV
1973
Baku
Azerbaijan
No representative
1/4 of house no. 35, Ch. Mustafayev street, Baku
AZN 32,584 (CD)
Baku Administrative Economic Court No. 1, 12/05/2016
Baku Court of Appeal, 15/09/2016
Supreme Court, 28/12/2016
53054/17
18/07/2017
Elina HUSEYNOVA
1982
Baku
Azerbaijan
Khalid BAGIROV
Part of house no. 17, Ch. Mustafayev street, Baku (and part of the land attached to the house)
AZN 90,190 (CD)
Baku Administrative Economic Court No. 1, 14/04/2016
Baku Court of Appeal, 28/07/2016
Supreme Court, 17/01/2017 (served on 13/02/2017)
53409/17
18/07/2017
Sevinj YUSIFOVA
1974
Baku
Azerbaijan
Khalid BAGIROV
Part of house no. 17, Ch. Mustafayev street, Baku (and part of the land attached to the house)
AZN 61,193 (CD)
Baku Administrative Economic Court No. 1, 14/04/2016
Baku Court of Appeal, 28/07/2016
Supreme Court 17/01/2017 (served on 13/02/2017)
59194/17
08/08/2017
Elma BALIYEVA
1938
Baku
Azerbaijan
Fuad AGAYEV
Apt 5 at house no. 2, N. Ashurbeyova (former M. Subhi) street, side-street 9 (and part of the land underneath the house)
AZN 49,012 (I)
Yasamal District Court, 14/07/2016
Baku Court of Appeal, 13/12/2016
Supreme Court, 07/04/2017
70301/17
16/09/2017
Nemat ZEYNALOV
1965
Baku
Azerbaijan
Khalid BAGIROV
Apt 3 at house at Z. Adigozelov street, side-street 4
AZN 40,000 (I)
Baku Administrative Economic Court No. 1, 21/09/2016
Baku Court of Appeal, 30/05/2017
Supreme Court, 02/08/2017
73757/17
05/10/2017
Gulnara HEYDAROVA
1966
Baku
Azerbaijan
Fuad AGAYEV
1/3 of house no. 3, Ch. Mustafayev street, Baku, side-street 9 (and part of the land underneath the house)
AZN 66,695 (I)
Yasamal District Court, 10/08//2016
Baku Court of Appeal, 02/11/2016
Supreme Court, 06/04/2017
75028/17
17/10/2017
Faig ALIYEV
1951
Baku
Azerbaijan
Fuad AGAYEV
Apt 5 at house no. 45, M.F. Akhundov street, Baku (and part of the land underneath the house)
AZN 207,385 (CD)
1st set of proceedings:
Baku Administrative Economic Court No. 1, 14/07/2016
Baku Court of Appeal, 29/11/2016
Supreme Court, 18/04/2017
2nd set of proceedings:
Yasamal District Court, 07/11/2016
Baku Court of Appeal, 08/02/2017
Supreme Court, 06/07/2017
79918/17
14/11/2017
Ayida RUSTAMOVA
1961
Baku
Azerbaijan
Farid RUSTAMOV
1984
Baku
Azerbaijan
Narmin RUSTAMOVA
1987
Baku
Azerbaijan
Fuad AGAYEV
House no. 38, N. Ashurbeyova (former M. Subhi) street, Baku (and land underneath the house)
AZN 427,418 (CD)
Baku Administrative Economic Court No. 1, 14/02/2017
Baku Court of Appeal, 24/04/2017
Supreme Court, 05/07/2017
753/18
21/12/2017
Ilhama KARIMOVA
1964
Baku
Azerbaijan
Shahla
HUMBATOVA
1/3 of house no. 157, A. Shaig street, Baku (and land underneath the house)
AZN 52,000 (I)
Baku Administrative Economic Court No. 1, 02/08/2016
Baku Court of Appeal, 31/01/2017
Supreme Court, 13/06/2017 (served on 22/07/2017)
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