Published on 17 October 2022

FIFTH SECTION

Applications nos. 64650/16 and 77378/16 Zohra Haji gizi HAJIYEVA against Azerbaijan and Fatma Allahverdi gizi ASGAROVA

against Azerbaijan lodged on 28 October 2016 and 7 December 2016 respectively communicated on 4 July 2022

SUBJECT MATTER OF THE CASES

The applications concern the applicants’ complaint about non-payment of statutory additional compensation, namely additional 20% compensation under the Presidential Decree of 26 December 2007 (both applications) and compensation for hardship under the Law on Expropriation of Land for State Needs of 20 April 2010 (application no. 77378/16), for expropriation of their properties by the Baku City Executive Authority.

By final judgments of 6 April 2016 (served on the applicant in application no. 64650/16 on 29 April 2016) and 2 June 2016 (served on the applicant in application no. 77378/16 on 13 July 2016) the Supreme Court dismissed the applicants’ claims.

On 8 February 2017 the applicant in application no. 64650/16 died. By letter of 29 July 2022 the applicant’s daughter, Ms Aliya Gurbanova, expressed her intention to pursue the application before the Court.

Relying on Article 1 of Protocol No. 1 to the Convention the applicants complain that there has been an unlawful interference with their right to property.

QUESTIONS TO THE PARTIES

Have the applicants been deprived of their possessions in the public interest, and in accordance with the conditions provided by law, within the meaning of Article 1 of Protocol No. 1 to the Convention?

In particular, were the applicants entitled to additional 20% compensation under the Presidential Decree no. 689 of 26 December 2007?

Were the applicants’ properties expropriated by the State authorities in compliance with the law?

If the deprivation was lawful, did that deprivation impose an excessive burden on the applicants (see, mutatis mutandis , Immobiliare Saffi v. Italy [GC], no. 22774/93, § 59, ECHR 1999 ‑ V)?