Published on 3 May 2021
FIFTH SECTION
Applications nos. 29742/18 and 42506/19
Mahammad Ibadullah oglu MUSTAFAYEV against Azerbaijan
and Jeyhun Shahid oglu SULEYMANOV against Azerbaijan
lodged on 8 June 2018 and 8 July 2019 respectively
communicated on 12 April 2021
SUBJECT MATTER OF THE CASES
The applicants’ acquittal in the criminal proceedings instituted against them rendered their detention unlawful within the meaning of domestic law entitling them, under domestic law, to a compensation for unlawful detention.
The applicant in application no. 29742/18 was awarded 5,000 Azerbaijani manats (AZN) (at the material time approximately 2,500 euros (EUR)) for his unlawful detention for a period of one year, six months and twenty-one days, in the domestic proceedings ended by a final decision of the Supreme Court dated 20 December 2017.
The applicant in application no. 42506/19 was awarded AZN 8,000 (at the material time approximately EUR 4,000) for his unlawful detention for a period of two years, seven months and two days, in the domestic proceedings ended by a final decision of the Supreme Court dated 28 December 2018.
Relying on Article 5 § 5 of the Convention, the applicants complain that the negligible amounts of the compensations awarded for their unlawful detention constituted a breach of their right to enforceable compensation for unlawful detention.
QUESTIONS TO THE PARTIES
Did the applicants have an enforceable right to compensation for their unlawful detention, as required by Article 5 § 5 of the Convention? In particular, were the amounts of the compensations made by the domestic courts sufficient to consider that the right in question was practical and effective?
APPENDIX
No.
Application no.
Lodged on
Applicant
Year of Birth
Place of Residence
Nationality
Represented by
1.
29742/18
08/06/2018
Mahammad Ibadullah oglu Mustafayev
1975
Balakan
Azerbaijani
Aynura Mustafayeva
2.
42506/19
08/07/2019
Jeyhun Shahid oglu Suleymanov
1981
Oguz
Azerbaijani
Mubariz Yolchuyev
Full & Egal Universal Law Academy