Resolution CM/ResDH(2023)337

Execution of the judgments of the European Court of Human Rights

Two cases against Azerbaijan

(Adopted by the Committee of Ministers on 8 November 2023 at the 1480 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

56688/12

CHANKAYEV

14/11/2013

14/02/2014

10226/13

TERSHIYEV

31/07/2014

15/12/2014

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 judgments transmitted by the Court to the Committee in these cases and to the violations established on account of the absence of an effective domestic remedy to challenge extradition on the grounds of the risk of torture or ill-treatment;

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 judgments and noting that no award of just satisfaction was made by the Court in these cases (see document DH-DD(2023)1007 );

Considering that the question of individual measures was resolved, given that the applicants no longer suffer 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 these judgments continues to be examined within the framework of the Garayev case, also in the light of the Court’s findings in these cases, and that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the general measures required;

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

CONCLUDES that the necessary individual measures have been adopted;

DECIDES to continue to supervise the adoption of the necessary general measures concerning the absence of an effective domestic remedy to challenge extradition on the grounds of the risk of torture or ill-treatment in the Garayev case;

DECIDES to close the examination of these cases.