Resolution CM/ResDH(2022)257
Execution of the judgments of the European Court of Human Rights
17 cases against Azerbaijan
(Adopted by the Committee of Ministers on 19 October 2022
at the 1446th meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
55503/15+
ALAKBAROV AND OTHERS
10/06/2021
10/06/2021
49192/08
ALLAHVERDIYEV
06/03/2014
06/06/2014
35402/07
ASLANOV
15/11/2018
15/11/2018
48475/12
FAYZOV
18/02/2021
18/02/2021
30133/12
HASANOV
09/09/2021
09/09/2021
3899/08
HUSEYNOV
18/01/2018
18/01/2018
36229/11
ISAYEVA
25/06/2015
25/09/2015
1172/12
MAMMADOV AND ABBASOV
08/07/2021
08/10/2021
48431/11
MOVSUM SAMADOV
12/12/2019
12/12/2019
16966/06
MURADVERDIYEV
09/12/2010
11/04/2011
16499/09
NAGIYEV
23/04/2015
23/07/2015
16794/05
NOVRUZ ISMAYILOV
20/02/2014
20/05/2014
48255/11
PANAHLI
19/10/2017
19/10/2017
45875/06
RAFIG ALIYEV
06/12/2011
06/03/2012
38239/16
RUSTAMZADE
07/03/2019
07/06/2019
40900/05
SALAYEV
09/11/2010
21/02/2011
11948/08
ZAYIDOV
20/02/2014
20/05/2014
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 mainly on account of the various irregularities concerning detention on remand and its excessive length (violations of Article 5 of the Convention);
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 action report provided by the government indicating the measures adopted 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(2022)654);
Having examined the information provided by the government indicating the general measures adopted to give effect to the judgments including the information provided regarding the legislative amendments ensuring that, in compliance with Article 5, paragraph 1, the whole period of detention on remand is covered by a court’s decision, as well as, in compliance with Article 1 of Protocol No. 1, the measures taken to avoid unlawful attachment of assets;
Considering that the question of individual measures was resolved, given that the applicants are no longer held in detention on remand, and that all necessary individual measures have also been taken in respect of the other violations found by the Court;
Considering that the general measures in respect of the detention period not covered by a court’s decision between the filing of the indictment and the start of the hearings as well as the unlawful attachment of the applicant’s assets, were taken;
Recalling that the general measures required in response to other shortcomings found by the Court in some of these cases continues to be examined within the framework of the groups of cases Farhad Aliyev (No. 37138/06), Gafgaz Mammadov (No. 60259/11), Mahmudov and Agazade (No. 35877/04) and that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the other general measures required;
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases and
DECIDES to close the examination of these cases.