Resolution CM/ResDH(2024)41
Execution of the judgments of the European Court of Human Rights
Ten cases against Azerbaijan
(Adopted by the Committee of Ministers on 14 March 2024
at the 1492nd meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
66917/11
AGAYEV
14/05/2020
14/05/2020
76236/11
ALIYEV
11/06/2020
11/06/2020
39466/16
IBRAHIMOV
14/01/2021
14/01/2021
30608/14
SAVALANLI
14/01/2021
14/01/2021
69686/12
YAGUBLU
15/07/2021
15/07/2021
59202/12
HASANOV
28/04/2022
28/04/2022
47915/09
DADASHOV AND HAJIBEYLI
09/06/2022
09/06/2022
52286/11
AHMADLI
30/06/2022
30/06/2022
12098/09
SALMANOVA
08/07/2021
08/07/2021
13731/12
ALIBEYOVA
09/09/2021
09/09/2021
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”,
Having regard to the final judgments transmitted by the Court to the Committee in these cases and to the violations established on account of unlawful administrative detention, unfair administrative proceedings and seizure of the case-files from the applicants’ representative office in breach of Article 34;
Recalling the respondent State’s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:
- of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum; and
- of general measures preventing similar violations;
Having invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;
Having examined the information provided by the government indicating the individual measures adopted in order to give effect to the judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2024)77);
Considering that the question of individual measures was resolved given that the applicants no longer suffer any negative consequences of the violations found by the Court following erasure of the records of their administrative convictions and return of the case-files seized;
Recalling that the question of general measures required in response to the shortcomings found by the Court in these judgments continues to be examined within the framework of the Gafgaz Mammadov and Namat Aliyev groups of cases, also in the light of the Court’s findings these cases, and that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the general measures in relation to the lawfulness of administrative detention, fairness of administrative proceedings and compliance with obligations under Article 34;
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases;
CONCLUDES that the necessary individual measures have been adopted;
DECIDES to continue to supervise the adoption of the necessary general measures concerning lawfulness of administrative detention and fairness of administrative proceedings in the Gafgaz Mammadov and compliance with obligations under Article 34 in Namat Aliyev groups of cases;
DECIDES to close the examination of these cases.