Resolution CM/ResDH(2023)315

Execution of the judgment of the European Court of Human Rights

Fatullayev (No. 2) against Azerbaijan

(Adopted by the Committee of Ministers on 31 October 2023 at the 1479 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

32734/11

FATULLAYEV (No. 2)

07/04/2022

07/07/2022

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 on account of unfair criminal proceedings and the respondent State’s failure to comply with its obligations under Article 34;

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 individual 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(2023)1199 );

Considering that the question of individual measures was resolved given that the criminal proceedings have been terminated and the applicant no longer suffers any negative consequences of the violations found by the Court;

Recalling that the question of general measures required in response to the shortcomings found by the Court in this judgment continues to be examined within the framework of the Huseyn and Others and Gafgaz Mammadov groups of cases, also in the light of the Court’s findings in this case, and that the closure of this case therefore in no way prejudges the Committee’s evaluation of the general measures in relation to unfair criminal proceedings and failure to comply with the obligations under Article 34 of the Convention;

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

CONCLUDES that the necessary individual measures have been adopted;

DECIDES to continue to supervise the adoption of the necessary general measures concerning unfair criminal proceedings and failure to comply with the obligations under Article 34 of the Convention in the Huseyn and Others and Gafgaz Mammadov groups of cases;

DECIDES to close the examination of this case.