Search
document

Document text Analytics

AHMADOV v. AZERBAIJAN and 3 other applications

Doc ref: 64606/16;64916/16;44929/16;64940/16 • ECHR ID: 001-182688

Document date: April 4, 2018

Inbound citations: 0
•
Cited paragraphs: 0
•
Outbound citations: 1

AHMADOV v. AZERBAIJAN and 3 other applications

Doc ref: 64606/16;64916/16;44929/16;64940/16 • ECHR ID: 001-182688

Document date: April 4, 2018

Cited paragraphs only

Communicated on 4 April 2018

FIFTH SECTION

Application no. 64606/16 Ilham AHMADOV against Azerbaijan and 3 other applications (see list appended)

SUBJECT MATTER OF THE CASE S

The applications concern annulment of the applicants ’ title to a plot of land and the non-residential premises on that plot of land, which they had obtained as bona fide buyers, upon the claim of the Ministry of Defence on the ground that the privatisation of the property in question ten years earlier and its subsequent transfer to the applicants had allegedly been unlawful. The applicants were not paid compensation.

QUESTIONS tO THE PARTIES

1. Were the applicants 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, were the applicants bona fide buyers? What were the requirements of the domestic law in respect of annulment of the title in case of bona fide buyers? Did the annulment of title without any compensation impose an excessive individual burden on the applicant (see Immobiliare Saffi v. Italy , [GC], no. 22774/93, § 59, ECHR 1999-V)?

2. Did the applicants have a fair hearing in the determination of their civil rights and obligations in the proceedings concerning the alleged violation of their property rights, in accordance with Article 6 § 1 of the Convention? In particular, was the principle of legal certainty respected with regard to the admission of the claim of the Ministry of Defence? Was the claim of the Ministry of Defence lodged within the statutory time-limit? When did the Ministry of Defence first become aware of the privatisation of the property in question?

APPENDIX

No.

Application no.

Lodged on

Applicant

Date of birth

Place of residence

Nationality

Represented by

64606/16

04/11/2016

Ilham AHMADOV

1967Baku

Azerbaijani

Agil LAYIJOV

64916/16

05/11/2016

Gahraman GAFAROV

1968Baku

Azerbaijani

Agil LAYIJOV

64929/16

05/11/2016

Gunduz TAHIRLI

1970Baku

Azerbaijani

Agil LAYIJOV

64940/16

05/11/2016

Namig BAHADUR

1982Baku

Azerbaijani

Agil LAYIJOV

LEXI

Lexploria AI Legal Assistant