Communicated on 14 December 2017
FIFTH SECTION
Application no. 66535/13
Mahammad BOYUKKISHIYEV against Azerbaijan
and 3 other applications
(see list appended)
STATEMENT OF FACTS
The particulars of the applicants are set out in the Appendix.
The circumstances of the cases
The facts of the cases, as submitted by the applicants, may be summarised as follows.
On various dates the applicants lodged civil proceedings in connection with their civil rights and obligations.
On various dates the domestic courts delivered judgments concerning the applicants’ cases (see Appendix).
The appellate or cassation courts failed to duly inform the applicants and/or their lawyers about the date and time of the hearings (see Appendix).
COMPLAINT
The applicants complain under Article 6 § 1 of the Convention that their right to a fair trial was breached because they and/or their lawyers were not duly informed of the date and time of the hearings before the domestic courts which, as a result, were held in their and/or their lawyers’ absence
QUESTION
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, were the applicants and/or their lawyers duly notified about the hearings before the domestic courts (see Pirali Orujov v. Azerbaijan, no. 8460/07, §§ 40-46, 3 February 2011; Maksimov v. Azerbaijan, no. 38228/05, §§ 36-43, 8 October 2009; Abbasov v. Azerbaijan, no. 24271/05, §§ 28-34, 17 January 2008)?
APPENDIX
No.
Application
no.
Lodged on
Applicant’s name
Date of birth
Place of residence
Nationality
(in respect of the applicant company: its name, type and place of registered office)
Represented by
The courts which allegedly failed to duly inform the applicants and/or their lawyers about the hearings
Domestic courts’ judgments
66535/13*
11/06/2013
Mahammad BOYUKKISHIYEV
1956
Goranboy
Azerbaijan
No representative
The Ganja Court of Appeal sent a summons to the applicant indicating the time of the hearing of 03/08/2012 as 15:00; however the hearing was held at 12:00 on 03/08/2012 without any further notification to the applicant.
The Supreme Court sent a summons to the applicant indicating the date of the hearing as 12/12/2012; however the hearing was held on 13/12/2012 without any further notification to the applicant. On 12/12/2012 the applicant was present at the Supreme Court, but was not notified when the hearing would be held.
Ganja Administrative-Economic Court, 26/04/2012
Ganja Court of Appeal, 08/08/2012
Supreme Court, 13/12/2012
6299/14*
29/12/2013
CIN-TELEKOM
A private limited liability company Baku
Etibar PASHAYEV
The Baku Court of Appeal did not send a summons about the hearing of 24/01/2013 to the applicant.
The applicant raised this issue in its cassation complaint; however the Supreme Court did not provide any reasoning concerning this issue.
Baku Administrative-Economic Court No. 1, 23/01/2012
Baku Court of Appeal, 24/01/2013
Supreme Court, 13/08/2013
39222/17
25/05/2017
Namig RUSTAMOV
1993
Tovuz
Azerbaijan
Agil LAYIJOV
The Supreme Court did not notify the applicant or his lawyer about the hearings of 19/01/2017 and 31/01/2017. Summons dated 19/01/2017 about the final hearing of 08/02/2017 was sent to the applicant’s lawyer on 20/02/2017 and was delivered to him on 22/02/2017.
Baku Administrative-Economic Court No. 2, 22/04/2016
Baku Court of Appeal, 21/09/2016
Supreme Court, 08/02/2017
70305/17*
15/09/2017
Azad ABBASOV
1959
Ganja
Azerbaijan
Akif ABBASOV
1961
Ganja
Azerbaijan
Novruzali RAHIMOV
1948
Ganja
Azerbaijan
No representative
The Supreme Court sent the summons about the change of the time of hearing of 15/03/2017 from 15:50 to 11:50. It was sent to the applicants on 16/03/2017 and was delivered to them on 22/03/2017.
Ganja Administrative-Economic Court, 29/06/2017
Ganja Court of Appeal, 02/11/2016
Supreme Court, 15/03/2017
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