Resolution CM/ResDH(2023)55
Execution of the judgments of the European Court of Human Rights
Five cases against Azerbaijan
(Adopted by the Committee of Ministers on 5 April 2023
at the 1462nd meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
28736/05
ALIYEV AND OTHERS
18/12/2008
18/03/2009
4439/04
ISMAYILOV
17/01/2008
17/04/2008
27309/14
JAFAROV AND OTHERS
25/07/2019
25/10/2019
4307/04
NASIBOVA
18/10/2007
18/01/2008
37083/03
TEBIETI MÜHAFIZE CEMIYYETI AND ISRAFILOV
08/10/2009
10/05/2010
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 the significant delays to register the applicants’ associations, or on account of the forced dissolution of association (violations of Article 11);
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 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(2022)692);
Considering that the question of individual measures has been resolved, given that the applicants’ associations have been registered with the Ministry of Justice of Azerbaijan;
Recalling that the question of the general measures required in response to the shortcomings found by the Court in these cases continues to be examined within the framework of the Ramazanova and Others group (Application No. 44363/02) and that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the 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 thereof.