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MAMMADOV AND OTHERS v. AZERBAIJAN

Doc ref: 57978/14 • ECHR ID: 001-184715

Document date: June 21, 2018

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MAMMADOV AND OTHERS v. AZERBAIJAN

Doc ref: 57978/14 • ECHR ID: 001-184715

Document date: June 21, 2018

Cited paragraphs only

Communicated on 21 June 2018

FIFTH SECTION

Application no. 57978/14 Ramiz MAMMADOV and O thers against Azerbaijan lodged on 15 August 2014

SUBJECT MATTER OF THE CASE

The applicants are internally displaced persons (IDPs), who moved to Baku as a result of the occupation of their home towns by Armenian armed forces and settled in squatter houses built by them in Baku. The application concerns the alleged unlawful expropriation and demolition of the applicants ’ squatter houses by the Baku Metropolitan for construction of an electricity depot and the alleged discriminatory treatment on the account of the applicants ’ provision with free temporary accommodation due to their status as IDPs, whereas other residents, whose squatter houses had been demolished in the same area had been paid monetary compensation.

QUESTIONS tO THE PARTIES

1. Did the applicants have “possessions” within the meaning of Article 1 of Protocol No. 1 to the Convention? If so, have the applicants been deprived of their possessions in the public interest, and in accordance with the conditions provided for by law, within the meaning of Article 1 of Protocol No. 1 to the Convention ? In particular, what were the substantive and procedural conditions required by the applicable law for the expropriation or demolition to be lawful, and were those conditions complied with in the present case? If the interference was lawful, did that interference impose an excessive individual 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 monetary 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

N o .

Applicant name

Birth year

Nationality

Place of residence

Representative

Ramiz MAMMADOV

1953Azerbaijan

Absheron

Hafiz Hasanov

Fuad ABDULOV

1962Azerbaijan

Absheron

Hafiz Hasanov

Samad ABDULOV

1971Azerbaijan

Absheron

Hafiz Hasanov

Ibrahim ALIYEV

1949Azerbaijan

Absheron

Hafiz Hasanov

Fatma ALIYEVA

1956Azerbaijan

Absheron

Hafiz Hasanov

Bayram AZIZOV

1967Azerbaijan

Absheron

Hafiz Hasanov

Kifayat AZIZOVA

1966Azerbaijan

Absheron

Hafiz Hasanov

Khalig BAKHISHOV

1972Azerbaijan

Absheron

Hafiz Hasanov

Allahverdi DOLKHANOV

1952Azerbaijan

Absheron

Hafiz Hasanov

Giyas GULIYEV

1952Azerbaijan

Absheron

Hafiz Hasanov

Zaur GULIYEV

1980Azerbaijan

Absheron

Hafiz Hasanov

Rahila HADIYEVA

1947Azerbaijan

Absheron

Hafiz Hasanov

Anvar HASANOV

1958Azerbaijan

Absheron

Hafiz Hasanov

Elshad HUMBATOV

1963Azerbaijan

Absheron

Hafiz Hasanov

Kamil HUSEYNOV

1961Azerbaijan

Absheron

Hafiz Hasanov

Talish HUSEYNOV

1940Azerbaijan

Absheron

Hafiz Hasanov

Knyaz MAHMUDOV

1964Azerbaijan

Absheron

Hafiz Hasanov

Ahliyyat MAMMADOV

1955Azerbaijan

Absheron

Hafiz Hasanov

Elnur MAMMADOV

1971Azerbaijan

Absheron

Hafiz Hasanov

Shakir MURADOV

1964Azerbaijan

Absheron

Hafiz Hasanov

Emir NAMAZALIYEV

1942Azerbaijan

Absheron

Hafiz Hasanov

Vugar NAMAZALIYEV

1969Azerbaijan

Absheron

Hafiz Hasanov

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