issued by the Registrar of the Court
ECHR 092 (2025)
10.04.2025
Judgments and decisions of 10 April 2025
The European Court of Human Rights has today notified in writing two Chamber judgments1 and four
decisions2:
The two judgments are summarised below;
The four decisions can be consulted on Hudoc and do not appear in this press release.
The judgments summarised below are available only in English.
Sahibov v. Azerbaijan (application no. 43152/10)
The applicant, Kamran Isgandar oglu Sahibov, is an Azerbaijani national who was born in 1963 and
lives in Baku.
The case concerns the quashing of a first-instance judgment in the applicant’s favour after it had
become final and enforceable. The judgment was in respect of a lease on a commercial premises which
belonged to the State.
Relying on Article 6 § 1 (right to a fair trial) of the European Convention on Human Rights the applicant
alleges that he was not informed of the hearing in his case, and that the decisions of the higher courts
quashing the first-instance judgment were unlawful, lacked adequate reasoning and were in breach
of the principle of legal certainty.
Violation of Article 6 § 1
Just satisfaction:
non-pecuniary damage: 5,000 euros (EUR)
costs and expenses: EUR 1,000
Morabito v. Italy (no. 4953/22)
The applicant, Giuseppe Morabito, is an Italian national who was born in 1934.
Mr Morabito is currently serving a sentence in connection with membership of a mafia-type
organisation in Milan Opera Prison. He is being held in the “section 41 bis regime” (section 41 bis of
Law no. 354 of 26 July 1975 provides that the Minister of Justice can suspend the application of the
ordinary prison regime in order to prevent contact with a mafia-type organisation).
The case concerns Mr Morabito’s continued imprisonment, as well as his continued placement under
that regime, despite his state of health. He suffers from several physical ailments and has been
diagnosed with progressive cognitive deterioration.
1
Under Articles 43 and 44 of the Convention, Chamber judgments are not final. During the three-month period following a Chamber
judgment’s delivery, any party may request that the case be referred to the Grand Chamber of the Court. If such a request is made, a panel
of five judges considers whether the case deserves further examination. In that event, the Grand Chamber will hear the case and deliver a
final judgment. If the referral request is refused, the Chamber judgment will become final on that day. Under Article 28 of the Convention,
judgments delivered by a Committee are final.
Once a judgment becomes final, it is transmitted to the Committee of Ministers of the Council of Europe for supervision of its execution.
Further information about the execution process can be found here: www.coe.int/t/dghl/monitoring/execution
2
Inadmissibility and strike-out decisions are final.
Relying on Article 3 (prohibition of inhuman or degrading treatment) of the European Convention,
Mr Morabito complains of his continued detention despite his state of health and a lack of adequate
medical treatment, and his placement in the Section 41 bis regime despite his cognitive deterioration.
No violation of Article 3 in respect of the applicant’s continued detention and of the medical
treatment provided to him in prison
Violation of Article 3 in respect of the applicant’s continued placement under the section 41 bis
regime
Just satisfaction: The Court held that the finding of a violation constitutes in itself sufficient just
satisfaction for any non-pecuniary damage sustained by the applicant.
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judgments and further information about the Court can be found on https://www.echr.coe.int/home.
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The European Court of Human Rights was set up in Strasbourg by the Council of Europe member
States in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights.
2