CASE OF ALIYEV AND BABAYEV AGAINST AZERBAIJAN AND 1 OTHER CASE

Resolution CM/ResDH(2025)58 Execution of the judgments of the European Court of Human Rights Two cases against Azerbaijan   (Adopted by the Committee of Ministers on ... 2024 at the 1527th meeting of the Ministers’ Deputies)    Application No. Case Judgment of Final on 10084/21+ ALIYEV AND BABAYEV 21/09/2023 21/09/2023 43389/16 HAJIYEV 10/02/2022 10/02/2022   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 judgments transmitted by the Court to the Committee in these cases and to the violations established on account of the lack of justification for pre-trial detention (violations of Article 5 of the Convention);   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 in order to give effect to the judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (DH-DD(2024)1083);   Considering that the question of individual measures was resolved, given that the applicants are no longer in pre-trial detention and that the sums awarded remain at their disposal with the Government Agent’s office and will be paid to them as soon as they come forward and present their bank account 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 Farhad Aliyev group of cases 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 in the Farhad Aliyev group;   DECIDES to close the examination of these cases.