European Court of Human Rights

FIFTH SECTION

CASE OF RAMIKHANOV AND OTHERS v. AZERBAIJAN

(Application no. 31732/08 and 19 others - see appended list)

JUDGMENT

STRASBOURG

3 May 2018

This judgment is final but it may be subject to editorial revision.

In the case of Ramikhanov and Others v. Azerbaijan,

André Potocki, President,
Síofra O'Leary,
Mārtiņš Mits, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,

PROCEDURE

THE FACTS

THE LAW

I. JOINDER OF THE APPLICATIONS

II. LOCUS STANDI IN APPLICATION No. 44281/09

III. THE GOVERNMENT'S REQUEST TO STRIKE OUT SOME APPLICATIONS UNDER ARTICLE 37 § 1 OF THE CONVENTION

8.  The Government submitted unilateral declarations in applications nos. 29248/11, 69191/11, 650/12 and 36164/13 which did not offer a sufficient basis for finding that respect for human rights as defined in the Convention does not require the Court to continue its examination of the case (Article 37 § 1 in fine). The Court rejects the Government's request to strike the applications out and will accordingly pursue its examination of the cases (see Tahsin Acar v. Turkey (preliminary objections) [GC], no. 26307/95, § 75, ECHR 2003-VI).

IV. ALLEGED VIOLATION OF ARTICLE 6 § 1 OF THE CONVENTION

Article 6 § 1

"In the determination of his civil rights and obligations ... everyone is entitled to a fair ... hearing ... by a ... tribunal ..."

V. OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW

Article 13 of the Convention

"Everyone whose rights and freedoms as set forth in [the] Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity."

Article 1 of Protocol No. 1

"Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.

The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties."

VI. APPLICATION OF ARTICLE 41 OF THE CONVENTION

"If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party."

FOR THESE REASONS, THE COURT, UNANIMOUSLY,

1. Decides to join the applications;

2. Holds that in the application no. 44281/09 the applicant's daughter, Ms Yegana Sadikhova, has standing to continue the proceedings in Mr Sadikhov's stead;

3. Rejects the Government's request to strike the applications nos. 29248/11, 69191/11, 650/12 and 36164/13 out of its list of cases under Article 37 § 1 of the Convention on the basis of the unilateral declarations which they submitted;

4. Declares the applications admissible;

5. Holds that these applications disclose a breach of Article 6 § 1 of the Convention;

6. Holds that there has been a violation of Article 1 of Protocol No. 1 to the Convention as regards the complaints raised under this provision under well-established case-law of the Court (see appended table);

7. Holds that there is no need to examine the complaints under Article 13 of the Convention;

8. Holds that the respondent State is to ensure, by appropriate means, within three months, the enforcement of the pending domestic decisions referred to in the appended table;

9. Holds

(a) that the respondent State is to pay the applicants, with the exception of the amounts for costs and expenses which are to be paid into the applicants' representatives' bank accounts, within three months, the amounts indicated in the appended table, to be converted into New Azerbaijani manats at the rate applicable at the date of settlement;

(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points;

10. Dismisses the remainder of the applicants' claim for just satisfaction.

Done in English, and notified in writing on 3 May 2018, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Liv TigerstedtAndré Potocki
              Acting Deputy RegistrarPresident

APPENDIX

List of applications raising complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1

(non-enforcement or delayed enforcement of domestic decisions)