Draft Resolution CM/ResDH(2023)480
Execution of the judgments of the European Court of Human Rights
Two cases against Azerbaijan
(Adopted by the Committee of Ministers on 7 December 2023
at the 1483rd meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
35587/08
ALIYEVA AND ALIYEV
31/07/2014
31/10/2014
54204/08
UZEYIR JAFAROV
29/01/2015
29/04/2015
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 lack of effective investigations into the death or ill-treatment;
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 in the action plan provided by the government indicating the individual measures adopted as well as the payment of just satisfaction, and noted that the respective investigations have led to the punishment of the perpetrator in Aliyeva and Aliyev case but further noted with deep regret, that no further individual measures are possible in Uzeyir Jafarov; (see document
DH-DD(2023)431);
Considering that the question of individual measures was resolved, given that the domestic proceedings have been terminated;
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 Muradova, Mammadov (Jalaloglu) and Mikayil Mammadov groups, also in the light of the Court’s findings in 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 effective investigations of deaths and ill-treatment;
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 close the examination of these cases.