Resolution CM/ResDH(2023)43

Execution of the judgment of the European Court of Human Rights

Mirgadirov against Azerbaijan [1]

(Adopted by the Committee of Ministers on 15 March 2023 at the 1460 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

62775/14

MIRGADIROV

17/09/2020

17/12/2020

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);

Having regard to the final judgment transmitted by the Court to the Committee in this case and to the violations established;

Recalling the respondent State’s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:

- of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum ; and

- of general measures preventing similar violations;

Having invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;

Having examined the action report provided by the government, indicating the measures adopted to give effect to the judgment including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2022)1311 );

Recalling that the question of general measures required in response to the violations under Articles 5 and 6, paragraph 2, found by the Court in this case continues to be examined within the framework of the Mammadli (47145/14) and Mahmudov and Agazade (35877/04) groups of cases and that the closure of this case therefore in no way prejudges the Committee’s evaluation of the general measures required in that regard;

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and

DECIDES to close the examination thereof.

[1] Case against Azerbaijan and Turkey but the Court declared inadmissible the complaints in respect of Turkey.