Resolution CM/ ResDH (2019)170 Execution of the judgment of the European Court of Human Rights Hajiyev against Azerbaijan

(Adopted by the Committee of Ministers on 4 September 2019 at the 1352 nd meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

5548/03

HAJIYEV

16/11/2006

16/02/2007

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 judgment transmitted by the Court to the Committee in this case and to the violation established;

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 by the government indicating the measures adopted in order to give effect to the judgment including the information provided regarding the payment of the just satisfaction awarded by the Court (see Appendix);

Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted,

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and

DECIDES to close the examination thereof.

Appendix to Resolution CM/ ResDH ( 2019)170

Information about the measures to comply with the judgment in the case

Hajiyev against Azerbaijan

Case summary

The case concerns a violation of the applicant’s right of access to a court (violation of Article 6, paragraph 1). In 2002, after the introduction of the new Code of Criminal Procedure and the Transitional Law, the applicant lodged a full appellate complaint with the Court of Appeal against his 1995 conviction to 15 years’ imprisonment. The European Court found that, although it was for the Court of Appeal to take steps to ensure that the applicant enjoyed effectively the right to which he was entitled under the Transitional Law, for more than two years the Court of Appeal failed to either deal with the applicant’s appeal and institute appellate proceedings or formally reject the appeal due to lack of competence.

I. Payment of just satisfaction and individual measures

a) Details of just satisfaction

Name and application number

Pecuniary damage

Non-pecuniary damage

Costs and expenses

Total

Paid on

Hajiyev

(5548/03)

-

EUR 3,000

EUR 1,650

EUR 4,650

20/04/2007

b) Other individual measures

On 10 May 2004 the applicant was released from prison under a presidential pardon, while his sentence was reduced by the Plenary Chamber of the Supreme Court on 21 May 2004. After the delivery of the European Court’s judgment in 2007, the applicant attempted to appeal anew his conviction before the Court of Appeal. The appeal was rejected due to non-compliance with procedural provisions. Subsequently the applicant did not make use of other remedies available to him: 1) to resubmit his request to restore the time-limit for lodging an appeal, providing valid reasons; or 2) to request re-examination of his conviction on the basis of the violation found by the European Court (in accordance with Article 455.0.2 of the Code of Criminal Procedure). In view of the above, no further individual measures are required.

II. General measures

The violation was caused by the misapplication of domestic legislation by the Court of Appeal and does not require legislative measures. The Transitional Law was in force only for a short period of time and the European Court has delivered only one other similar judgment against Azerbaijan ( Pashayev , Application No. 36084/06, which is examined by the Committee of Ministers in the framework of the Natig Mirzayev group and concerns also other fair trial-related issues). It therefore appears that the targeted dissemination by the authorities in 2009, is a sufficient measure to avoid similar violations. In addition, this judgment was translated and published in Qanunçuluq , the official gazette of the Ministry of Justice (issue No. 3, March 2007) and in the Azerbaycan Prokurorlugu , the official gazette of the General Prosecutor’s Office (issue No. 2, 2007). It was also widely disseminated among judges and legal professionals and included in the training curricula for judges and candidate judges. No further general measures are thus required.

III. Conclusions of the respondent State

The government considers that the measures adopted have fully remedied the consequences of the violation of the Convention found by the European Court in this case and that these measures will prevent similar violations in the future. Azerbaijan has therefore complied with its obligations under Article 46, paragraph 1, of the Convention.