Published on 19 February 2024
FIRST SECTION
Application no. 21933/19
Emil Telman oglu GOZALOV against Azerbaijan
and 10 other applications
(see list appended)
communicated on 1 February 2024
SUBJECT MATTER OF THE CASE
The applications concern the confiscation of the applicants’ properties in the framework of criminal proceedings conducted against F.A., a former employee of the Ministry of National Security. On 23 April 2018 the Baku Military Court convicted F.A. under a number of provisions of the Criminal Code (Articles 178 (fraud), 179 (embezzlement), 311 (bribery) and others) and ordered confiscation of numerous properties belonging to him and his relatives, including the applicants.
On 18 October 2018 the Baku Court of Appeal rejected the applicants’ appeals holding that they did not have a right under domestic law to contest the trial court’s judgment.
The applicants in applications nos. 39605/20, 43737/20 and 11406/21 initiated also separate civil proceedings complaining about the confiscation of their properties. However, the domestic courts rejected their complaints finding that they could not be examined in those proceedings.
It appears that, following F.A.’s cassation appeal in the above-mentioned criminal proceedings, on 8 June 2021 the Supreme Court quashed the confiscation order in respect of part of the properties in question.
Relying on Article 6 § 1 of the Convention, the applicants complain that they were not summoned to the criminal proceedings which led to the confiscation of their properties, and that their appeals were rejected by the domestic courts. They further complain under Article 1 of Protocol No. 1 to the Convention that the confiscation of their properties was unlawful and not based on any evidence. They also complain under Article 13 of the Convention of the violation of their right to an effective remedy.
COMMON QUESTIONS TO THE PARTIES
1. Did the applicants have access to a court for the determination of their civil rights and obligations, in accordance with Article 6 § 1 of the Convention (see Silickienė v. Lithuania, no. 20496/02, § 50, 10 April 2012, and Veits v. Estonia, no. 12951/11, § 59, 15 January 2015)?
2. Was the confiscation of the applicants’ properties in accordance with the conditions provided for by law, as required by Article 1 of Protocol No. 1 to the Convention?
If so, was the confiscation of the applicants’ properties proportionate to the aim pursued, as required by Article 1 of Protocol No. 1 to the Convention? Did the domestic courts show that the confiscated assets could have been the proceeds of crimes in a reasoned manner, on the basis of an objective assessment of the factual evidence and without relying on a mere suspicion (compare Todorov and Others v. Bulgaria, nos. 50705/11 and 6 others, § 215, 13 July 2021)?
Did the confiscation of the applicants’ properties impose an excessive individual burden on them (see Immobiliare Saffi v. Italy, [GC], no. 22774/93, § 59, ECHR 1999-V, and Denisova and Moiseyeva v. Russia, no. 16903/03, § 64, 1 April 2010)?
3. Did the applicants have at their disposal an effective domestic remedy in respect of their complaint under Article 1 of Protocol No. 1 to the Convention, as required by Article 13 of the Convention?
4. The parties are requested to inform the Court of any important factual developments in the present cases.
CASE-SPECIFIC QUESTIONS
Application no. 23284/19
Did the confiscated money, which was found in F.A.’s office and flat, constitute the applicant’s possessions, within the meaning of Article 1 of Protocol No. 1 to the Convention?
Application no. 39605/20
The parties are requested to provide a copy of the Supreme Court’s decision of 6 February 2020.
APPENDIX
No.
Application no.
Case name
Lodged on
Applicant
Year of Birth
Place of Residence
Nationality
Confiscated property
1.
21933/19
Gozalov v. Azerbaijan
10/04/2019
Emil
GOZALOV
1990
Ganja
Azerbaijani
House in Ganja
2.
and
3.
22182/19 and 39605/20
Ismayilova v. Azerbaijan
10/04/2019 and 13/08/2020
Kifayat
ISMAYILOVA
1951
Baku
Azerbaijani
Non-residential property in Baku
4.
22190/19
Gozalov v. Azerbaijan
10/04/2019
Telman
GOZALOV
1963
Ganja
Azerbaijani
Non-residential property, pharmacy, and house in Ganja
5.
23277/19
Gurbanova v. Azerbaijan
10/04/2019
Saida
GURBANOVA
1973
Ganja
Azerbaijani
House in Ganja
6.
and
7.
23284/19 and 43737/20
Aliyev v. Azerbaijan
10/04/2019 and 15/09/2020
Elshan
ALIYEV
1975
Baku
Azerbaijani
- Two non-residential properties and plot of land in Baku;
- three non-residential properties in Ganja;
- house in Absheron;
- plot of land in Dashkasan;
- money (AZN 12,123 and USD 35,100).
8.
23300/19
Aliyeva v. Azerbaijan
10/04/2019
Elmira
ALIYEVA
1951
Ganja
Azerbaijani
- Plot of land in Goygol;
- plot of land in Dashkasan.
9.
and
10.
23310/19 and 11406/21
SHAH MMC v. Azerbaijan
10/04/2019 and 02/02/2021
SHAH MMC
Registration year: 2006
Address: Baku
Two cars (Toyota and Lexus)
11.
23315/19
Gurbanov v. Azerbaijan
10/04/2019
Ruslan
GURBANOV
1966
Ganja
Azerbaijani
Non-residential property in Ganja