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 CASE S

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