Resolution CM/ResDH(2024)20

Execution of the judgment of the European Court of Human Rights

Ramiz Jafarov against Azerbaijan

(Adopted by the Committee of Ministers on 14 February 2024 at the 1489 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

40424/12

RAMIZ JAFAROV

16/06/2022

16/09/2022

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 violation established on account of the excessive length of judicial proceedings;

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 noted the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2023)1275 );

Considering that the question of individual measures was resolved, given that the domestic proceedings have been terminated and the sums awarded remain at the applicant’s disposal with the Government Agent’s office and will be paid to him as soon as he comes forward and presents his bank details;

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 Rahimova group 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 the excessive length of judicial proceedings;

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 the excessive length of judicial proceedings in the Rahimova group;

DECIDES to close the examination of this case.