ORUJOVA v. AZERBAIJAN and 30 other applications
Doc ref: 1776/09, 4306/09, 64762/09, 13058/10, 1213/11, 8075/11, 32088/11, 49566/11, 66035/11, 54136/12, 6149... • ECHR ID: 001-178401
Document date: October 11, 2017
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Communicated on 11 October 2017
FIFTH SECTION
Application no 1776/09 Solmaz ORUJOVA against Azerbaijan and 30 other applications (see list appended)
STATEMENT OF FACTS
The applicants are nationals of various States and private companies. Their particulars are indicated in the Appendix.
The circumstances of the cases
The facts of the cases, as submitted by the applicants, may be summarised as follows.
On various dates various State authorities expropriated or demolished the applicants ’ houses, flats, non-residential properties and/or plots of land (“the properties”), on the basis of orders issued by them or without any orders, for various reasons (see Appendix).
By way of compensation for the expropriated properties, some applicants were paid a certain amount of money, while others were provided with other properties. Some applicants were not given any compensation at all (see Appendix).
On various dates the applicants lodged a complaint with the respective first-instance courts (see Appendix).
They complained of breaches of their property rights, in particular that the expropriation or demolition of their properties had not been carried out in accordance with the law.
They also complained that the compensation offered or already provided by the State authorities had been unfair and inadequate, arguing that the actual market value of their properties had been much higher or asking for monetary compensation instead of alternative properties. In support of their complaints, some applicants submitted expert valuations of their properties.
The applicants asked for the return or restoration of their properties or fair compensation. Some applicants also lodged claims in respect of pecuniary damage, including loss of profit, and non-pecuniary damage for their suffering as a result of the expropriation or demolition of their properties.
On various dates (see Appendix), the relevant first-instance courts dismissed or, in some cases, partly upheld the applicants ’ complaints, ordering the State authorities to pay them a certain amount of money or provide a similar property as compensation (see Appendix).
On various dates (see Appendix) the appellate courts and the Supreme Court dismissed or partly upheld the applicants ’ appeals, largely reiterating the lower courts ’ reasoning.
The judgments of the domestic courts in applications nos. 13058/10, 16276/13, 36697/16 and 67851/12 have not been enforced.
In respect of application no. 32088/11 it is to be noted that only two applicants lodged a cassation appeal with the Supreme Court which were dismissed as no breach of their rights had been found.
After repeated pressure by officials of the Baku City Executive Authority, on 15 January and 11 March 2013 the applicants in application no. 67851/12 signed statements in a public notary ’ s office indicating that they agreed with the amount of compensation proposed and waived all pending and future claims before the domestic courts and the Court. On an unspecified date they also signed a sale contract for the respective property, which had already been demolished, on the basis of which on 17 March 2013 the BCEA paid them the money actually to be paid under the judgment. On 7 May 2013 the public notary ’ s office declared the registration of their statements invalid as they had been signed under duress.
On 8 August 2014 Mr I. Aliyev, the lawyer of the applicant in application no. 54572/13, was arrested on charges of tax evasion, illegal entrepreneurship and abuse of authority. During a search of his office, a number of documents were seized by the State authorities, including all the case files relating to applications before the Court that were in his possession as a representative. On 25 October 2014 some of the seized documents were returned to Mr J. Javadov, Mr. I. Aliyev ’ s counsel.
COMPLAINTS
1. The applicants complain under Article 1 of Protocol No. 1 to the Convention that the expropriation/demolition of their properties amounted to an unlawful and unjustified interference with their property rights. They further complain that the compensation provided for the properties was unfair and inadequate.
2. The applicants (except those in applications nos. 48665/13 and 39211/17) complain under Article 6 § 1 of the Convention that the civil proceedings instituted by them in connection with the expropriation/demolition of their properties were unfair; in particular that the domestic courts delivered unreasoned judgments by failing to properly verify the compliance of the interference with the applicable domestic legislation.
3. The applicants in applications nos. 13058/10, 16276/13 and 36697/16 complain under Article 6 § 1 of the Convention about the non-enforcement of the respective judgments of the domestic courts.
4. The applicants in application no. 67851/12 complain under Article 6 § 1 of the Convention about the non-enforcement of the respective judgment of the domestic court and payment of the sum due by the BCEA on the basis of a sale contract for the property, already demolished, and after signing statements indicating that they agreed with the amount and waived all pending and future claims before the domestic courts and the Court.
5. The applicant in application no. 12836/13 complains Article 6 § 1 of the Convention that his right to a trial within a reasonable time was breached.
6. The applicants in applications nos. 61496/12, 16276/13, 70227/14 and 19381/16 complain under Article 8 of the Convention that the unlawful expropriation or demolition of their properties and/or their unlawful eviction from them amounted to a violation of their right to respect for their home.
7. The applicants in applications nos. 1776/09, 4306/09, 64762/09, 1213/11, 66035/11, 54136/12, 61496/12, 67851/12, 7949/13, 12836/13, 16276/13, 19381/16, 36697/16, 43408/16 and 39211/17 complain, under Article 13 of the Convention in conjunction with Articles 6 and 8 of the Convention and Article 1 of Protocol No. 1 to the Convention, that they were not afforded a remedy providing effective protection against the violation of their rights.
8. The applicant in application no. 54572/13 complains that by seizing his case file from Mr I. Aliyev ’ s office in August 2014, the State hindered the effective exercise of his right of application under Article 34 of the Convention.
9. The applicants in application no. 67851/12 complain that by pressuring them to sign the statements waiving pending or future complaints before the Court, the State hindered the effective exercise of their right of application under Article 34 of the Convention.
COMMON QUESTIONS
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? Moreover, was the compensation provided to them fair and adequate?
In particular, how was that deprivation classified under domestic law (expropriation, nationalisation, confiscation, or other)? What deed (document or physical action of a public authority) constituted an interference in the present cases? What was the law applicable to the relevant form of deprivation of property? What were the substantive and procedural conditions required by the applicable law for the relevant form of deprivation of property to be lawful, and were those conditions complied with in the present cases? What was the legal basis for the actions and decisions of the relevant State authorities in the present cases, and did they have competence under domestic law to take decisions resulting in the deprivation of privately owned property, as in the present cases?
If the interference was lawful, did it impose an excessive individual burden on the applicants (see, mutatis mutandis, Immobiliare Saffi v. Italy, [GC], no. 22774/93, § 59, ECHR 1999-V)?
2. Did the applicants (except those in applications nos. 48665/13 and 39211/17) have a fair hearing in the determination of their civil rights and obligations in the proceedings concerning the violation of their property rights, in accordance with Article 6 § 1 of the Convention? In particular, was the applicants ’ right to a reasoned judgment respected?
CASE SPECIFIC QUESTIONS
1. In respect of application no. 32088/11:
Did all the applicants exhaust the domestic remedies as required by Article 35 § 1 of the Convention? In particular, in view of the Supreme Court ’ s decision on the appeal on points of law lodged by two of the applicants, can that remedy be considered effective within the meaning of the above provision in respect of the other applicants who failed to avail themselves of it?
2. In respect of applications nos. 13058/10, 16276/13 and 36697/16:
Was the non-enforcement of the judgments in the applicants ’ favour contrary to Article 6 § 1 of the Convention?
3. In respect of application no. 67851/12:
Was the non-enforcement of the respective judgment of the domestic court and, instead, payment of the sum due to the applicants by the Baku City Executive Authority (“the BCEA”) on the basis of a sale contract regarding their property allegedly concluded unde r pressure, contrary to Article 6 § 1 of the Convention?
4. In respect of application no. 12836/13:
Was the length of the civil proceedings in breach of the “reasonable time” requirement of Article 6 § 1 of the Convention?
5. In respect of applications nos. 61496/12, 16276/13, 70227/14 and 19381/16:
Has there been an interference with the applicants ’ right to respect for their home, within the meaning of Article 8 § 1 of the Convention, on account of the expropriation/demolition of their properties and their eviction from them by the State authorities? If so, was that interference in accordance with the law and necessary in terms of Article 8 § 2?
6. In respect of applications nos. 1776/09, 4306/09, 64762/09, 1213/11, 66035/11, 54136/12, 61496/12, 67851/12, 7949/13, 12836/13, 16276/13, 19381/16, 36697/16, 43408/16 and 39211/17:
Did the applicants have at their disposal an effective domestic remedy for their complaints under Articles 6 and 8 of the Convention and Article 1 of Protocol No. 1 to the Convention, as required by Article 13 of the Convention?
7. In respect of application no. 54572/13:
In view of the seizure of the applicant ’ s case file from Mr I. Aliyev ’ s office on 8 and 9 August 2014, has the State hindered the effective exercise of the applicant ’ s right of application under Article 34 of the Convention?
8. In respect of application no. 67851/12:
In view of the alleged pressure by the officials of the BCEA on the applicants to sign statements that also included a waiver of pending or future complaints before the Court, has the State hindered the effective exercise of the applicants ’ right of application under Article 34 of the Convention?
9. The parties are requested to provide, where relevant and available, necessary documentary evidence in support of their replies and submissions, excluding the documents which have already been sent to the Court.
APPENDIX
No
Appli-cation
no.
Lodged
on
Applicant ’ s name
Date of birth
Place of residence
Nationality
(in respect of applicant companies: their name, type and place of registered office)
Represented by
Expropriating/demolishing
State authority
Legal basis
(relied on by the State authority)
Purpose/reason of the expropriation/demolition
(declared by the State authority)
Expropriated/
demolished property
Compensation given
initially (I)
by court decision (CD)
Domestic courts ’ judgments/decisions
1
1776/09
17/12/2008
Solmaz ORUJOVA
1936Shabran
Azerbaijan
No representative
Davachi District Executive Authority
No legal basis
Construction of a statue
A kiosk and a plot of land in Davachi
I: no compensation
CD: no compensation
First set of proceedings:
Davachi District Court, 01/07/2008
Sumgayit Court of Appeal, 04/09/2008,
Supreme Court, 05/11/2008
Second set of proceedings:
Gubadli District Court, 12/05/2009
Sumgayit Court of Appeal, 14/09/2009
Supreme Court, 11/02/2010
2
4306/09*
05/01/2009
Eyyub TAHIROV
1967Baku
Azerbaijan
Rustam ZULFUGAROV
Gabala District Executive Authority
Presidential Decree of 14/10/2005 on an action plan for improving the socio-economic development of the regions
To replace old, bad-looking buildings with new ones
A department store building used as a wedding palace in Gabala
I: no compensation
CD: no compensation
Gabala District Court, 24/09/2007
Sheki Court of Appeal, 21/02/2008
Supreme Court, 15/07/2008
3
64762/09*
30/11/2009
Mubariz ASADOV
1969Baku
Azerbaijan
Ruslan MUSTAFAZADE
Gabala District Executive Authority
Judgment of the Sheki Appeal Court of 19/11/2008
It was an unlawful construction based on a report of 13/08/2006 of the Ministry of Emergency Situations
A petrol station in Gabala
I: no compensation
CD: no compensation
Gabala District Court, 18/04/2008
Sheki Court of Appeal, 19/11/2008
Supreme Court, 20/04/2009 (served on 30/05/2009)
4
13058/10
22/02/2010
Shahmir MAMMADOV
1956Baku
Azerbaijan
Navaid ABBASOV
Ismayilli District Executive Authority
Decisions of 28/02/2004 and 05/01/2005 of the Cabinet of Ministers
Landscaping of the Muganli-Ismayilli highway
A cafe in Ismayilli and the plot of land underneath it
I: no compensation
CD: AZN 9,572
Ismayilli District Court, 03/11/2008
Sheki Court of Appeal, 07/04/2009
Supreme Court, 10/09/2009 (served on 15/04/2014)
5
1213/11*
15/12/2009
Elman DAMIROV
1948Baku
Azerbaijan
Akif DAMIROV
1948Baku
Azerbaijan
No representative
A company, M., under the Union of Architects
Order of 21/07/1988 by the Baku City Executive Committee (predecessor of the Baku City Executive Authority)
Construction of a private building
1/9 (both together) of house no. 106 Gadirli Street, Baku
I: no compensation
CD: no compensation
Yasamal District Court, 11/04/2008
Baku Court of Appeal, 23/01/2009
Supreme Court, 18/06/2009
6
8075/11
21/01/2011
Solmaz AGAYEVA
1931Baku
Azerbaijan
No representative
A private company, G., empowered by the Baku City Executive Authority
Order of 03/09/2004 of the head of the BCEA
Construction of a private building
A garage in Qirmizi Sherg quarter, Baku
I: no compensation
CD: AZN 12,480
Yasamal District Court, 19/03/2009
Baku Court of Appeal, 17/03/2010
Supreme Court, 30/07/2010
7
32088/11*
28/04/2011
Sultan GADIROV
1957Aydin RAMAZANOV
1937Mehman AGHAYEV
1966Tebibe AGHAYEVA
1965Murad AGHAYEV
1990Leyla AGHAYEVA
1991Nijat AGHAYEV
1994Sonabeyim AGHAYEVA
1948Rovshen AGHAYEV
1974Vusal AGHAYEV
1993Mirze AGHAYEV
1996Metleb AGHAYEV
1971Alasgar ALASGAROV
1929Zuleykha ALASGAROVA
1932Bekhtiyar ALASGAROV
1962Kemale ALASGAROVA
1992Kamran ALASGAROV
1994Abbas ALIYEV
1921Sura ALIYEVA
1923Alasgar ALIYEV
1962Guler ALIYEVA
1960Renat ALIYEV
1984Leyla ALIYEVA
1985Eldar BAYRAMOV
1967Afet BAYRAMOVA
1977Taghi BAYRAMOV
1995Zeyneb BAYRAMOVA
1933Ismet BAYRAMOV
1959Malik BAYRAMOV
1970Jamil JAMALOV
1963Letafet JAMALOVA
1969Mammadhasan JAMALOV
1989Aysel JAMALOVA
1990Ayten JAMALOVA
1993Javidan JAMALZADE
1996Arif MAMMADOV
1966Seyahet MAMMADOVA
1971Farida MAMMADOVA
1989Akif MAMMADOV
1992Yusif MUKHTAROV
1939Yelena MUKHTAROVA
1945Azer MUKHTAROV
1975Fazil MUKHTAROV
1966Nergiz MUKHTARLI
1995Rafig MAMMADOV
1954Nargiz MAMMADOVA
1960Konul MAMMADOVA
1992Naghi NAGHIYEV
1947Hidayet NAGHIYEV
1976Sona NAGHIYEVA
1980Lale NAGHIYEVA
1988Shahin NIYAZOV
1967Guller NIYAZOVA
1966Ramin NIYAZOV
1988Aydin NURIYEV
1945Pakize NURIYEVA
1958Mehbare NURIYEVA
1978Kamil NURIYEV
1975Metanet NURIYEVA
1980Dilber NURIYEVA
1976Mohubbet NURIYEV
1947Hegiget NURIYEVA
1951Sedaget NURIYEVA
1977Sekhavet NURIYEV
1980Rufet NURIYEV
1989Zuleykha GADIROVA
1958Arzu GADIROVA
1985Asad GADIROV
1987Farida GADIROVA
1991Arzu GARAYEVA
1978Bahram GARAYEV
1994Efsane GARAYEVA
1995Kifayet SAFAROVA
1947Jeyran RAMAZANOVA
1972Taleya RAMAZANOVA
1976Aynur RAMAZANOVA
1978Yusif TAPDIGOV
1959Nargila TAPDIGOVA
1959Irada TAPDIGOVA
1987Bakhtiyar TAPDIGOV
1988Arastun TAPDIGOV
1992Geray SHIKHALIYEV
1934Place of residence: Absheron (in respect of all applicants)
Nationality: Azerbaijan (in respect of all applicants)
Elman MUSTAF AYEV
Mehdiabad municipality
No legal basis
Construction of a special purpose State building
Plots of land in Mehdiabad settlement, Absheron district
I: no compensation
CD: no compensation
Absheron District Court, 26/12/2008
Sumgayit Court of Appeal, 01/03/2009
Supreme Court, 24/11/2010 (in respect of applicants Sultan Gadirov and Aydin Ramazanov)
8
49566/11*
28/07/2011
Ekaterina ELDERKHANOVA
1988Baku
Azerbaijan
Settar MANAFOV
1951Baku
Azerbaijan
Alihasan ELDARKHANOV
1960Baku
Azerbaijan
Gasim GULIYEV
1958Baku
Azerbaijan
Roman MAMMADOV
1975Baku
Azerbaijan
Alik RZAYEV
1947Baku
Azerbaijan
Jabbar HASANOV
Baku City Executive Authority
Order of 31/10/2008 of the head of the BCEA
Landscaping of the National Flag Square Complex
Garages in Bayil settlement, Baku
I: no compensation
CD: no compensation
Sabail District Court, 02/03/2010
Baku Court of Appeal, 14/07/2011
Supreme Court, 28/01/2011
9
66035/11*
10/10/2011
JSC GUBA KONSERV 1
Private company with registered office in Guba
Jafar GARIBOV
Guba District Executive Authority
No legal basis
Renovation of Heydar Aliyev Avenue
A warehouse, club and tasting room in Guba
I: no compensation
CD: no compensation
Sumgayit Local Economic Court, 05/04/2010
Sumgayit Court of Appeal, 06/09/2010
Supreme Court, 27/04/2011
10
54136/12*
10/08/2012
Mubariz ASADOV
1969Baku
Azerbaijan
No representative
Azerenergy OJSC
No legal basis
Construction of overhead power lines
A plot of land in Gabala
I: no compensation
CD: no compensation
Gabala District Court, 10/06/2010
Sheki Court of Appeal, 01/07/2011
Supreme Court, 10/01/2012 (served on 10/02/2012)
11
61496/12*
21/09/2012
Nizami HASANOV
1950Baku
Azerbaijan
Fuad AGAYEV
Nasimi District Executive Authority
Order of 03/03/2010 of the head of the NDEA
Construction of a synagogue
House no.31, apts. no. 12 and 14
Fuzuli Street, Baku and the plot of land underneath and/or attached to the house
I: AZN 263,100
CD: no compensation
Nasimi District Court, 16/09/2011
Baku Court of Appeal, 16/11/2011,
Supreme Court, 27/03/2012
12
66400/12
02/10/2012
Eyvaz AGAYEV
1969Baku
Azerbaijan
Vagif HAJIBEYLI
Saatli District Executive Authority
No legal basis
Not declared
Two business properties in Saatli
I: no compensation
CD: no compensation
Shirvan Administrative-Economic Court, 01/08/2011
Shirvan Court of Appeal, 27/12/2011
Supreme Court, 11/05/2012
13
67851/12*
19/10/2012
Gurban ALIYEV
1949Baku
Azerbaijan
Ulkar MAHARRAMOVA
1955Baku
Azerbaijan
Hasan MAHARLAMOV
1980Baku
Azerbaijan
Fuad AGAYEV
Sabail District Executive Authority
No legal basis
It was in a damaged condition
A shop and cafe at 95 Neftchilar Avenue, Baku and the plot of land underneath it
I: no compensation
CD: AZN 372,121
Sabail District Court, 17/06/2011
Baku Court of Appeal, 15/11/2011
Supreme Court, 27/04/2012
14
7949/13*
07/01/2013
“UMID-T” LLC
Private company with registered office in Baku
Mukhtar MUSTAFAYEV
Azeryolservis OJSC
No legal basis
Not declared
A petrol station in Bina settlement, Baku and the land underneath it
I: AZN 400,000
CD: no additional compensation
Baku Administrative-Economic Court No.1, 20/12/2011
Baku Court of Appeal, 16/05/2012
Supreme Court, 24/10/2012
15
12748/13
04/02/2013
FIRM NIYAL
Private company with registered office in Baku
Agaveys SHAHVERDI
Baku City Executive Authority and the State Committee on Property Issues
No legal basis
Construction of a Presidential residence
A restaurant at 5 A. Abdulrahimov Street, Baku and the land underneath it
I: no compensation
CD: AZN 302,000
Baku Administrative-Economic Court No.1, 07/04/2011
Baku Court of Appeal, 06/03/2012
Supreme Court, 06/08/2012
16
12836/13*
15/02/2013
Rashid BAYRAMZADE
1954Baku
Azerbaijan
Shafa JAMALZADE
A private company, E., empowered by the Baku City Executive Authority
Order of 04/03/2003 of the head of the BCEA
Construction of a private building
House no.1 Mardanov Brothers Street, 4 Side Street, Baku and the land underneath it
I: no compensation
CD: AZN 93,500
Nasimi District Court, 25/10/2011
Baku Court of Appeal, 13/03/2012
Supreme Court, 14/08/2012 (served on 18/09/2012)
17
16276/13*
28/02/2013
Suraya GURBANOVA
1964Baku
Azerbaijan
Fuad AGAYEV
Sabail District Executive Authority
No legal basis
It was in a damaged condition
House no. 97, apts. no. 20/21 and 25/23 Neftchilar Avenue, Baku
I: no compensation
CD: AZN 455,095
Sabail District Court, 22/10/2010
Baku Court of Appeal, 15/12/2012
Supreme Court, 26/08/2012
18
45036/13
03/07/2013
Mehrali MAMMADOV
1966Baku
Azerbaijan
Vagif ALIYEV
Baku City Executive Authority
Orders of 15/03/2014 and 10/01/2008 of the head of the BCEA
Construction of Baku international bus station by a private company, B.
A cafe at 19 Tbilisi Highway, Baku and the plot of land underneath and attached to it
I: no compensation
CD: AZN 20,000
Baku Local Economic Court No. 1, 23/07/2010
Baku Court of Appeal, 02/04/2012
Supreme Court, 25/09/2012 (served on 01/02/2013)
19
48665/13
15/07/2013
Ildirim SADIGOV
1949Tartar
Azerbaijan
No representative
Tartar District Executive Authority
Order of 10 March 2008 of the head of the TDEA
Landscaping
A cafe in Tartar
I: no compensation
CD: AZN 17,008
Ganja Local Economic Court, 28/01/2010
Ganja Court of Appeal, 19/06/2012
Supreme Court, 11/02/2013
20
54143/13 *
23/08/2013
Lev ISKOLSKIY
1939Shoreline, the State of Washington (the U.S.)
The United States of America
Mukhtar MUSTAFAYEV
State Office of the Historical and Architectural Reserve of Icherisheher
No legal basis
It was in protection zone of the Old City Walls
House no.8, apts. no. 9, 11 and 17 Istiglaliyyat Street, Baku and the land underneath it
I: no compensation
CD: AZN 290,000
Baku Administrative-Economic Court No.1, 09/07/2012
Baku Court of Appeal, 24/20/2012
Supreme Court, 30/01/2013 (served on 06/03/2013)
21
54572/13
05/08/2013
Islam SADIGOV
Unspecified
Baku
Azerbaijan
Intigam ALIYEV
Yasamal District Executive Authority
Order of 06/03/2007 of the head of the YDEA
Landscaping of the area and demolition of unlawful properties
A shop on Khiyabani Street, Baku
I: no compensation
CD: no compensation
Baku Administrative-Economic Court. No. 1, 05/06/2012
Baku Court of Appeal, 05/09/2012
Supreme Court, 16/01/2013 (served on 05/02/2013)
22
39342/14
15/05/2014
Esmira ABDULLAYEVA
1969Gadabay
Azerbaijan
Yusif ABDULLAYEV
1988Gadabay
Azerbaijan
Rusif ABDULLAYEV
1989Gadabay
Azerbaijan
Bahadur ABDULLAYEV
1992Gadabay
Azerbaijan
Nemat HEYDAROV
Gadabay District Executive Authority
No legal basis
Landscaping
A shop and hotel in Gadabay and the plots of land underneath and attached to them
I: no compensation
CD: AZN 31,586.10
Ganja Administrative-Economic Court, 21/06/2013
Ganja Court of Appeal, 14/11/2013
Supreme Court, 13/02/2014
23
42227/14*
29/05/2014
Moshe KISHON
1953Jerusalem, Israel
Israel
Mukhtar MUSTAFAYEV
A private company, K., empowered by the Baku City Executive Authority
Order of 17/08/2005 of the head of the BCEA
Construction of a private building
Part of house no. 161 Dilara Aliyeva Street, Baku
I: no compensation
CD: no compensation
After court proceedings: AZN 66,500 based on sale contract of 28/03/2014
Binagadi District Court, 03/12/2012
Baku Court of Appeal, 08/05/2013
Supreme Court, 01/11/2013 (served on 02/12/2013)
24
70227/14
14/10/2014
Solmaz KARIMOVA
1953Gabala
Azerbaijan
Shafa JAMALZADE
Gabala District Executive Authority
No legal basis
It was in a damaged condition
House no. 9, apt. no. 14 and 28 May Street, Gabala
I: a new flat
CD: no additional compensation
Sheki Administrative-Economic Court, 11/12/2012
Sheki Court of Appeal, 06/12/2013
Supreme Court, 27/03/2014 (served on 15/04/2014)
25
36510/15
22/07/2015
Rafail TAGIYEV
1963Baku
Azerbaijan
Mukhtar MUSTAFAYEV
Ganja City Executive Authority
No legal basis
Not declared
Two shops and a bakery in Ganja
I: no compensation
CD: no compensation
Ganja Administrative-Economic Court, 21/08/2014
Ganja Court of Appeal, 30/10/2014
Supreme Court, 14/01/2015 (served on 24/02/2015)
26
19381/16*
05/04/2016
Emma SHIRINOVA
1952Wetzlar, Germany
Germany
Dilshad SHIRINOVA
1959Wetzlar, Germany
Azerbaijan
Fuad AGAYEV
Narimanov District Executive Authority
Order of 06/04/2011 of the head of the NDEA
It was in a damaged condition
House no. 146/148 and apt. no. 56 Azadliq Avenue, Baku (second applicant had right to use)
I: AZN 80,000 (paid during court proceedings)
CD: no compensation
Sabail District Court, 01/10/2014
Baku Court of Appeal, 07/04/2015
Supreme Court, 05/10/2015
27
22252/16
11/04/2016
Vahid MAMMADOV
1954Azerbaijan
Moscow, Russia
Russia
Jeyhun ABDULAZIMOV
A private company, P., empowered by the Baku City Executive Authority
Order of 18/10/2012 of the head of the BCEA
Construction of a private building
Part of house no. 20 F. Ganbarov Street, Baku
I: no compensation
CD: AZN 107,360
Khatai District Court, 11/06/2014
Baku Court of Appeal, 07/05/2015
Supreme Court, 20/10/2015
28
36697/16
22/06/2016
Firuz VERDIYEV
1960Ganja
Azerbaijan
Safayat VERDIYEVA
1967Ganja
Azerbaijan
Mukhtar MUSTAFAYEV
Kapaz District Executive Authority
No legal basis
Not declared
A car wash and repair centre in Ganja and the plot of land underneath and attached to it
I: no compensation
CD: AZN 52,000
Ganja Administrative-Economic Court, 28/02/2014
Ganja Court of Appeal, 30/06/2015
Supreme Court, 09/12/2015 (served on 12/02/2016)
29
43408/16*
01/07/2016
Fikrat JAFAROV
1968Baku
Azerbaijan
Khalid BAGIROV
Baku Metropolitan
Decision of 01/11/1986 of Baku City Council of People ’ s Deputies
Construction of an electricity depot for metro station D.
A house in the 7 th micro district, 3126 quarter and the land underneath and attached to it
I: AZN 50,000
CD: AZN 28,000 in addition
Baku Administrative-Economic Court No.1, 04/06/2015
Baku Court of Appeal, 06/10/2015
Supreme Court, 10/05/2016
30
57461/16
19/09/2016
Etibar ALIYEV
1966Gadabay
Azerbaijan
Famil MAMMADOV
Gadabay District Executive Authority
Order of 29/12/2014 of the head of the GDEA
Landscaping
A shop in Ganja
I: no compensation
CD: no compensation
Ganja Administrative-Economic Court, 18/05/2015
Ganja Court of Appeal, 12/10/2015
Supreme Court, 02/03/2016 (served on 31/03/2016)
31
39211/17
18/05/2017
Aslan AHMADOV
1957Baku
Azerbaijan
No representative
Baku City Executive Authority
Order of the head of the BCEA (date unspecified)
Construction of a mosque
A plot of land in Binagadi, Baku
I: no compensation
CD: no compensation
Baku Administrative-Economic Court No.1, 15/04/2016
Baku Court of Appeal, 28/06/2016
Supreme Court, 01/12/2016