Communicated on 27 September 2017
FIFTH SECTION
Application no. 66249/16
Zulfiya ALIYEVA against Azerbaijan
and 5 other applications
(see list appended)
SUBJECT MATTER OF THE CASE
The applications concern the applicants’ complaint about non-payment of statutory additional compensation for expropriation of their properties by the Baku City Executive Authority (”the BCEA”) through conclusion of sale contracts with them on the basis of Order No. 243 of the head of the BCEA dated 31 May 2011 entitled “Relocation of housing and commercial premises from within the area bordered by 7 and 9 Agil Guliyev Street, 2 Fathi Khoshginabi Street, 9 Aydin Nasirov Street, 3 and 10 to 12 Elchin and Vusal Hajibabayevs Street in the Sabail District for the expansion of the highway.” The order stated that the residents of the buildings and houses located in the above-mentioned area were to be relocated and given compensation of 1,500 Azerbaijani manats (AZN) per sq. m. of surface area. The additional compensation that the applicants claim to be entitled to consists of the following:
‑ Additional compensation in the amount of 20% of the main compensation, in accordance with Presidential Decree no. 689 of 26 December 2007; and
‑ Additional compensation in the amount of 10% of the main compensation, in accordance with Article 66 of the Law on Expropriation of Lands (except application no. 64650/16).
QUESTIONS tO THE PARTIES
1. Have the applicants been deprived of their possessions in the public interest, and in accordance with the conditions provided by law, within the meaning of Article 1 of Protocol No. 1 to the Convention?
In particular, were the applicants entitled to statutory additional compensation in the amounts of 20% and 10% (except application no. 64650/16) of the main compensation respectively?
Were the applicant’s properties expropriated by the State authorities in compliance with the law?
If the deprivation was lawful, did that deprivation impose and excessive burden on the applicants (see, mutatis mutandis, Immobiliare Saffi v. Italy [GC], no. 22774/93, § 59, ECHR 1999‑V)?
2. Have the applicants suffered discrimination in the enjoyment of their Convention rights under Article 1 of Protocol No. 1, contrary to Article 14 of the Convention?
In particular, have the applicants been refused to be paid additional compensation, whereas other individuals in the same situation have been paid such compensation?
If so, did that difference in treatment pursue a legitimate aim; and did it have a reasonable justification?
APPENDIX
No.
Application no.
Lodged on
Applicant
Date of birth
Place of residence
Nationality
Represented by
66249/16
08/11/2016
Zulfiya ALIYEVA
1971
Baku
Azerbaijan
Sadig BAGIROV
66271/16
08/11/2016
Nazila MAMMADOVA
1964
Baku
Azerbaijan
Sadig BAGIROV
75978/16
02/12/2016
Svetlana FEDOROVA
1954
Baku
Azerbaijan
Sadig BAGIROV
77309/16
07/12/2016
Turan ALIYEV
1989
Baku
Azerbaijan
Sadig BAGIROV
77691/16
07/12/2016
Guteyis HUSEYNOVA
1973
Baku
Azerbaijan
Sadig BAGIROV
1038/17
13/12/2016
Tatyana MURATOVA
1944
Baku
Azerbaijan
Sadig BAGIROV
Full & Egal Universal Law Academy