Addendum to the report | Doc. 15123 Add. | 26 November 2020
Implementation of judgments of the European Court of Human Rights
Committee on Legal Affairs and Human Rights
1. Introduction
2. Amendments to the Constitution of the Russian Federation related to the execution of decisions by interstate bodies
3. Opinion of the Venice Commission
3.1. Content of the opinion
3.2. Conclusion
“In light of the Venice Commission’s opinion 981/2020 of 18 June 2020, the Assembly calls on the Russian Federation to amend the recent amendments to Articles 79 and 125.5.b to the constitution.”
4. Other new important developments after the adoption of the 10th report
Appendix 1 – Major problems encountered in the execution of judgments of the European Court of Human Rights (“the Court”) identified in the 2017 report by Mr Le Borgn’ in respect of nine States Parties to the European Convention on Human Rights (“the Convention”).
(open)
State party |
Leading case |
Case description |
Status of execution |
---|---|---|---|
Bulgaria |
Groups of cases Djangozov v. Bulgaria (application No. 45950/99, judgment of 8 October 2004) and Kitov v. Bulgaria (application No. 37104/97, judgment of 3 July 2003). |
Excessive length of judicial proceedings and lack of an effective remedy. |
Cases closed by final Resolution CM/ResDH(2017)420. |
Velikova v. Bulgaria (group of cases) (application No. 41488/98, judgment of 18 May 2000). |
Cases principally concerning ill-treatment or deaths which took place under the responsibility of the forces of order; ineffective investigations. |
Under enhanced supervision procedure, last examined at 1383rd (DH) meeting, 29 September -1 October 2020, see Interim Resolution CM/ResDH(2020)198. |
|
S.Z. v Bulgaria (judgment of 3 March 2015, application No. 29263/12) and Kolevi v. Bulgaria (judgment of 5 November 2009, application No. 1108/02). |
Systemic problem of ineffective investigations (into crimes committed by private individuals). |
Under enhanced supervision procedure, last examined at 1377bis (DH) meeting, 1-3 September 2020. |
|
C.G. and Others v. Bulgaria (group of cases) (application No. 1365/07, judgment of 24 April 2008). |
Violations of the right to respect for family life due to deportation/order to leave the territory. |
Under enhanced supervision procedure, last examined at 1369th (DH) meeting, 3-5 March 2020. |
|
Kehayov v. Bulgaria (group of cases) (application No. 41035/98, judgment of 18 January 2005) and Neshkov and Others v. Bulgaria (application No. 36925/10+, pilot judgment of 27 January 2015). |
Inhuman and degrading treatment of the applicants due to poor conditions of detention in investigative detention facilities and prisons. |
Under enhanced supervision procedure, last examined at 1310th (DH) meeting, 13-15 March 2018. |
|
Stanev v. Bulgaria (group of cases) (application No. 36760/06, judgment of 17 January 2012). |
Placement in social care homes of persons with mental disorders. |
Under enhanced supervision procedure, last examined at 1288th (DH) meeting, 6-7 June 2017. |
|
UMO Ilinden and Others v. Bulgaria (group of cases) (application No. 59491/00, judgment of 19 January 2006). |
Unjustified refusals to register an association aiming at achieving “the recognition of the Macedonian minority in Bulgaria”. |
Under enhanced supervision procedure, last examined at 1383rd (DH) meeting, 29 September – 1 October 2020, see Interim Resolution CM/ResDH(2020)197. |
|
Yordanova and Others v. Bulgaria (group of cases) (application No. 25446/06, judgment of 24 April 2012). |
Eviction of persons of Roma origin. |
Under enhanced supervision procedure, last examined at 1369th (DH) meeting, 3-5 March 2020. |
|
Greece |
Makaratzis v. Greece (group of cases) (application No. 50385/99, judgment of 20 December 2004). |
Use of lethal force and ill-treatment by law enforcement officials and lack of effective investigation into such abuses. |
Under enhanced supervision procedure, last examined at 1331st (DH) meeting, 4-6 December 2018. |
M.S.S v. Belgium and Greece (group of cases) (application No. 30696/09, judgment of 21 January 2011, Grand Chamber). |
Conditions of detention of irregular migrants and shortcomings in asylum procedure; lack of effective remedy in this respect. |
Under enhanced supervision procedure, last examined at 1383rd (DH) meeting, 29 September – 1 October 2020. |
|
Bekir-Ousta and others v. Greece (group of cases) (application No. 35151/05, judgment of 11 October 2007). |
Violations of the right to freedom of association due to the Greek authorities’ refusal to register associations and to the dissolution of an association promoting the idea that an ethnic minority existed in Greece (as opposed to the religious minority recognised by the 1923 Treaty of Lausanne). |
Under enhanced supervision procedure, last examined at 1377bis (DH) meeting, 1-3 September 2020. |
|
Nisiotis v. Greece (group of cases) (application No. 34704/08, judgment of 10 February 2011). |
Inhuman and degrading treatment on account of poor conditions in prisons. |
Under enhanced supervision procedure, last examined at 1324th (DH) meeting, 18-20 September 2018. |
|
Beka-Koulocheri v. Greece (group of cases) (application No. 38878/03, judgment of 6 July 2006. |
Failure or considerable delay in the enforcement of final domestic judgments and absence of effective remedy. |
Under enhanced supervision procedure, last examined at 1369th (DH) meeting, 3-5 March 2020. |
|
Hungary |
Group of cases Gazsó v. Hungary (pilot judgment) (application No. 48322/12, judgment of 16 July 2015). |
Excessive length of civil and criminal proceedings and lack of an effective remedy in this respect. |
Under enhanced supervision procedure, last examined at 1377bis (DH) meeting, 1-3 September 2020, see Interim Resolution CM/ResDH(2020)180. |
István Gábor Kovács v. Hungary (group of cases) (application No. 15707/10, judgment of 17 January 2012) and Varga and Others v. Hungary (pilot judgment) (application No. 14097/12+, judgment of 10 March 2015). |
Ill-treatment, mainly due to overcrowded detention facilities. |
Under enhanced supervision procedure, last examined at 1377bis (DH) meeting, 1-3 September 2020. |
|
Horváth and Kiss v. Hungary (application No. 11146/11, judgment of 29 January 2013). |
Discriminatory assignment of Roma children to special schools for children with disabilities. |
Under enhanced supervision procedure, last examined at 1348th (DH) meeting, 4-6 June 2019. |
|
Italy |
Sharifi and Others v. Italy and Greece (application No. 16643/09, judgment of 21 October 2014). |
Collective expulsion of asylum seekers to Greece, lack of access to asylum procedure and risk of deportation to Afghanistan. |
Under enhanced supervision procedure, last examined at 1369th (DH) meeting, 3-5 March 2020. |
Cirillo v. Italy (group of cases) (application No. 36276/10, judgment of 29 January 2013). |
Lack of adequate medical care in detention centres. |
Cases closed by final Resolution CM/ResDH(2019)327. |
|
Trapani v. Italy (judgment of 12 October 2000, application No. 45104/98) and Muso (no. 1) (judgment of 14 December 1999, application No. 40969/98). |
Excessive length of civil, criminal, administrative and bankruptcy proceedings. |
Under enhanced supervision procedure, last examined at 1302nd (DH) meeting, 5-7 December 2017. |
|
Ledonne v. Italy (no. 1) (application No. 35742/97, judgment of 12 May 1999). |
Under enhanced supervision procedure, last examined at 1324th (DH) meeting, 18-20 September 2018. |
||
Abenavoli v. Italy (group of cases) (application No. 25587/94, judgment of 2 September 1997). |
Under enhanced supervision, last examined at 1273rd (DH) meeting, 6-8 December 2016. |
||
Collarille v. Italy (application No. 10652/02, judgment of 18 December 2012). |
Under enhanced supervision procedure, last examined at 1302nd (DH) meeting, 5-7 December 2017. |
||
Olivieri and Others v. Italy (group of cases) (application No. 17708/12, judgment of 25 February 2016). |
Shortcomings in the “Pinto” compensatory remedy. |
Under enhanced supervision, last examined at 1355th (DH) meeting, 23-25 September 2019. |
|
Belvedere Alberghiera S.R.L v. Italy (group of cases) (application No. 31524/96, judgment of 30 May 2000). |
Unlawful deprivation of land by local authorities because of a judge-made rule, the “constructive-expropriation rule”, which precludes restitution if works commenced in the public interest have been completed. |
Cases closed by final Resolution CM/ResDH(2017)138. |
|
M.C. and Others v. Italy (pilot judgment) (application No. 5376/11, judgment of 3 September 2013). |
Legislative intervention which cancelled retrospectively and in a discriminatory manner the benefit of an annual adjustment of a compensation allowance for having suffered accidental viral contamination. |
Under enhanced supervision procedure, last examined at 1377th (DH) meeting, 4 June 2020. |
|
Republic of Moldova |
Group of cases I.D. v. the Republic of Moldova (application No. 47203/06, judgment of 30 November 2010). |
Poor conditions of detention in facilities under the authority of the Ministries of the Interior and Justice and lack of access to adequate medical care; absence of an effective remedy. |
Under enhanced supervision procedure, last examined at 1377th (DH) meeting, 4 June 2020. Ciorap, Becciev and Paladi closed by final Resolution CM/ResDH(2018)107. |
Levinta v. the Republic of Moldova (group of cases) (application No. 17332/03, judgment of 16 December 2008). |
Ill-treatment and torture during police detention; ineffective investigations; absence of an effective remedy. |
Under enhanced supervision procedure, last examined at 1331st (DH) meeting, 4-6 December 2018. Corsacov closed by final Resolution CM/ResDH(2018)463. |
|
T.M. and M.C. v. the Republic of Moldova (application No. 26608/11, judgment of 28 January 2014). |
Failure to provide protection from domestic violence. |
Under enhanced supervision procedure, last examined at 1369th (DH) meeting, 3-5 March 2020. Eremia closed by final Resolution CM/ResDH(2017)425. |
|
Genderdoc-M v. the Republic of Moldova (application No. 9106/06, judgment of 12 June 2012). |
Unjustified bans on gay marches; lack of an effective remedy; discrimination on grounds of sexual orientation. |
Closed by final Resolution |
|
Luntre v. the Republic of Moldova (group of cases) (application No. 2916/02, judgment of 15 June 2004). |
Non-enforcement or delayed enforcement of domestic judgments. |
Closed by final Resolution |
|
Muşuc v. the Republic of Moldova (group of cases) (application No. 42440/06, judgment of 6 November 2007), Guţu v. the Republic of Moldova (application No. 20289/02, judgment of 7 June 2007) and Brega v. the Republic of Moldova (group of cases) (application No. 52100/08, judgment of 20 April 2010). |
Arbitrary arrest and detention in the context of criminal and administrative proceedings; unlawful entry by the police on private premises; absence of effective remedies. |
Closed by final Resolutions |
|
Sarban v. the Republic of Moldova (group of cases) (application No. 3456/05, judgment of 4 October 2005). |
Violations mainly related to unlawful detention on remand (lawfulness, duration, justification). |
Under enhanced supervision procedure, last examined at 1377th meeting (DH), 4 June 2020. |
|
Taraburca v. the Republic of Moldova (group of cases) (application No. 18919/10, judgment of 6 December 2011). |
Ill-treatment by the police in connection with violent post-election demonstrations and ineffective investigations. |
Closed by final Resolution CM/ResDH(2018)464. |
|
Romania |
Vlad and Others (group of cases) (application No. 40756/06, judgment of 26 November 2013). |
Excessive length of civil and criminal proceedings and lack of an effective remedy. |
Under enhanced supervision procedure, last examined at 1259th (DH) meeting, 7-8 June 2016. |
Străin and Others v. Romania (group of cases) (application No. 57001/00, judgment of 30 November 2005), and Maria Atanasiu and Others v. Romania (pilot judgment) (application No. 30767/05, judgment of 12 October 2010). |
Failure to restore or compensate for nationalised property. |
Under enhanced supervision procedure, last examined at 1340th (DH) meeting, 12-14 March 2019. |
|
Groups of cases Sacaleanu v. Romania (application No. 73970/01, judgment of 6 December 2005), Ruianu v. Romania (application 34647/97, judgment of 17 June 2003) and Strungariu v. Romania (application No. 23878/02, judgment of 29 September 2005). |
Non-enforcement or delays in the enforcement of domestic final judicial decisions. |
Sacaleanu group of cases under enhanced supervision procedure, last examined at 1340th (DH) meeting, 12-14 March 2019. Ruianu and Strungariu groups of cases closed by final Resolutions CM/ResDH(2017)392 and CM/ResDH(2019)224 |
|
Bragadireanu v. Romania (group of cases) (application No. 22088/04, judgment of 6 March 2008) and Rezmiveş and Others v. Romania (pilot judgment) (application No. 61467/12, judgment of 25 April 2017). |
Overcrowding and poor conditions in detention centres. |
Under enhanced supervision procedure, last examined at 1369th (DH) meeting, 3-5 March 2020. |
|
Association ‘21 Decembre 1989’ and others v. Romania (group of cases) (application No. 33810/07, judgment of 24 May 2011). |
Ineffectiveness of investigations into violent crackdowns in 1989 on anti-government demonstrations. |
Under enhanced supervision procedure, last examined at 1318th (DH) meeting, 5-7 June 2018. |
|
Centre for Legal resources on behalf of Valentin Câmpeanu v. Romania (application No. 47848/08, judgment of 17 July 2014, Grand Chamber). |
Lack of appropriate judicial protection and medical and social care of a vulnerable person with mental disabilities who died in a psychiatric hospital. |
Under enhanced supervision procedure, last examined at 1348th (DH) meeting, 4-6 June 2019. |
|
Ţicu v. Romania (group of cases) (application No. 24575/10, judgment of 1 April 2014). |
Inadequate management of psychiatric conditions of detainees in prison. |
Under enhanced supervision procedure, last examined at 1355th (DH) meeting, 23-25 September 2019. |
|
Bucur and Toma v. Romania (application No. 40238/02, judgment of 8 January 2013). |
Conviction of a whistle-blower for having disclosed information on the illegal secret surveillance of citizens by the intelligence service; lack of safeguards in the statutory framework governing secret surveillance. |
Under enhanced supervision procedure, last examined at 1273rd (DH) meeting, 6-8 December 2016. |
|
Russian Federation |
Gerasimov and Others v. Russia (application No. 29920/05, judgment of 1 July 2014). |
Non-enforcement of domestic final judgments and lack of effective remedy in this respect. |
Under standard supervision procedure, last examined at 1288th (DH) meeting, 6-7 June 2017. |
Kalashnikov v. Russian Federation (group of cases) (application No. 47095/99, judgment of 15 July 2002), and Ananyev and others v. Russia (pilot judgment) (application No. 42525/07, judgment of 10 January 2012). |
Poor conditions in detention centres and lack of an effective remedy in this respect. |
Under enhanced supervision procedure, last examined at 1348th (DH) meeting, 4-6 June 2019. |
|
Klyakhin v. Russia (group of cases) (application No. 46082/99, judgment of 30 November 2004). |
Different violations of Article 5 mainly related to detention on remand (lawfulness, procedure and length). |
Under enhanced supervision procedure, last examined at 1377th (DH) meeting, 4 June 2020, see Interim Resolution CM/ResDH(2020)100 (on the Pichugin case). |
|
Mikheyev. v. Russia (group of cases) (application No. 77617/01, judgment of 26 January 2006). |
Ill-treatment in police custody and lack of an effective investigation in this respect. |
Under enhanced supervision procedure, last examined at 1362nd (DH) meeting, 3-5 December 2019. |
|
Khashiyev and Akayeva v. Russia (group of cases) (application No. 57942/00, judgment of 24/02/2005). |
Various violations of the Convention resulting from and/or relating to the actions of the security forces in the Chechen Republic (mainly unjustified use of force by members of the security forces, disappearances, unacknowledged detentions, torture and ill-treatment, unlawful search and seizure and destruction of property). |
Under enhanced supervision procedure, last examined at 1377bis meeting (DH), 1-3 September 2020. |
|
Garabayev v. Russia (group of cases) (application No. 38411/02, judgment of 30 January 2008). |
Various violations of the Convention related to extradition (Articles 3, 5, 13 and 34 of the Convention). Risk of ill-treatment in cases of extradition and disregard of interim measures indicated by the Court under Rule 39 of the Rules of the Court. |
Under enhanced supervision procedure, last examined at 1340th meeting (DH), 12-14 March 2019. |
|
Alekseyev v. Russia (application No. 4916/07, judgment of 21 October 2010) and Bayev and Others v. Russia (applications No. 67667/09+, judgment of 20 June 2017). |
Violation of the freedom of assembly due to repeated bans of LGBT marches and discrimination on grounds of sexual orientation. |
Under enhanced supervision procedure, last examined at 1331st meeting (DH), 4-6 December 2018. |
|
Catan and Others v. Russia (application No. 43370/04, judgment of 19 October 2012) and Bobeico and Others v. Russia (application No. 30003/04, judgment of 23 October 2018). |
Violation of the right to education of children and parents from Latin script schools in the Transdniestrian region of the Republic of Moldova. |
Under enhanced supervision procedure, last examined at 1377bis meeting (DH), 1-3 September 2020, see Interim Resolution CM/ResDH(2020)183. |
|
OAO Neftyanaya Kompaniya YUKOS v. Russia, application No. 14902/04, judgments of 20 September 2011 (on the merits) and 31 July 2014 (just satisfaction). |
Various violations of the Convention (mainly of Article 6.1 and Article 1 of Protocol No. 1) concerning tax and enforcement proceedings brought against the applicant company, leading to its liquidation in 2007. |
Under enhanced supervision, last examined at 1383rd meeting (DH), 29 September -1 October 2020, see Interim Resolution CM/ResDH(2020)204. |
|
Turkey |
Hulki Güneş v. Turkey (group of cases) (application No. 28490/95, judgment of 19 June 2003). |
Lack of judicial independence and impartiality, unfairness of judicial proceedings, ill-treatment inflicted in police custody. |
Closed by final Resolution CM/ResDH(2019)359. |
Ülke v. Turkey (group of cases) (application No. 39437/98, judgment of 24 January 2006). |
Degrading treatment of the applicant as a result of his repeated convictions and imprisonment for having refused to perform military service. |
Under enhanced supervision procedure, last examined at 1377th (DH) meeting, 4 June 2020. |
|
Groups of cases Öner and Türk (application No. 51962/12, judgment of 31 March 2015), Nedim Şener (application No. 38270/11, judgment of 8 July 2014) and Altuğ Taner Akçam (application No. 27520/07, judgment of 25 October 2011) v. Turkey. |
Unjustified and disproportionate interferences in the freedom of expression. |
Under enhanced supervision procedure, last examined at 1369th (DH) meeting, 3-5 March 2020. |
|
Bati and Others v. Turkey (group of cases) (application Nos. 33097/96, and 57834/00, judgment of 3 June 2004), and Okkali v. Turkey (group of cases) (application No. 52067/99, judgment of 17 October 2006). |
Ill-treatment by the police and security forces; ineffective investigations. |
Under enhanced supervision procedure, last examined at 1383rd (DH) meeting, 29 September-1 October 2020. Okkali group of cases closed by final Resolution CM/ResDH(2019)241. |
|
Cyprus v. Turkey (inter-state case) (application No. 25781/94, judgments of 10 May 2001 and 12 May 2014, Grand Chamber), Xenides-Arestis v. Turkey (application No. 46347/99, judgments of 22 December 2005 and 7 December 2006), and Varnava and Others v. Turkey (application No. 16064/90+, judgment of 18 September 2009, Grand Chamber). |
Various violations of the Convention relating to the situation in the northern part of Cyprus following a Turkish military operation in 1974 (missing persons, living conditions of Greek Cypriots in the northern part of Cyprus, the rights of Turkish Cypriots living in the northern part of Cyprus, and homes and property of displaced persons). |
Under enhanced supervision procedure, Varnava and Others, last examined at 1362nd (DH) meeting, 3-5 December 2019. Xenides-Arestis, last examined at 1340th (DH) meeting, 12-14 March 2019. Cyprus v. Turkey, last examined at 1377bis (DH) meeting, 1-3 September 2020, see Interim Resolution CM/ResDH(2020)185. |
|
Oya Ataman v. Turkey (group of cases) (application No. 74552/01, judgment of 5 December 2006). |
Abusive use of force by security forces in dispersing peaceful demonstrations. |
Under enhanced supervision procedure, last examined at 1340th (DH) meeting, 12-14 March 2019. |
|
Söyler v. Turkey (group of cases) (application No. 29411/07, judgment of 17 September 2013). |
Ban on convicted prisoners’ voting rights. |
Cases closed by final Resolution CM/ResDH(2019)147. |
|
Opuz v. Turkey (group of cases) (application No. 33401/02, judgment of 9 June 2009). |
Failure to provide protection against domestic violence. |
Under enhanced supervision procedure, last examined at 1331st (DH) meeting, 4-6 December 2018. |
|
Ukraine |
Zhovner v. Ukraine (group of cases) (application No. 56848/00, judgment of 29 June 2004); Yuriy Nikolayevich Ivanov. v. Ukraine (pilot judgment) (application No. 40450/04, judgment of 15 January 2010) and Burmych and Others v. Ukraine (applications No. 46852/13+, judgment of 12 October 2017, Grand Chamber, striking out). |
Non-enforcement of domestic final judgments and lack of an effective remedy in this respect. |
Under enhanced supervision procedure, last examined at 1383rd (DH) meeting, 29 September -1 October 2020, see Interim Resolution CM/ResDH(2020)211. |
Groups of cases Svetlana Naumenko v. Ukraine (application No. 41984/98, judgment of 9 November 2004) and Merit v. Ukraine (application No. 66561/01, judgment of 30 March 2004). |
Excessive length of civil and criminal proceedings. |
Under enhanced supervision procedure, last examined at 1383rd (DH) meeting, 29 September -1 October 2020, see Interim Resolution CM/ResDH(2020)209. |
|
Nevmerzhitsky v. Ukraine (group of cases) (application No. 54835/00, judgment of 9 September 2004). |
Poor conditions of detention on remand. |
Under enhanced supervision procedure, last examined at 1383rd (DH) meeting, 29 September-1 October 2020. |
|
Groups of cases Afanasyev v. Ukraine (application No. 38722/02, judgment of 5 April 2005) and Kaverzin v. Ukraine (application No. 23893/03, judgment of 15 May 2012). |
Ill-treatment by police and lack of procedural safeguards. |
Under enhanced supervision procedure, last examined at 1377bis (DH) meeting, 1-3 September 2020. |
|
Group of cases Ignatov v. Ukraine (application No. 40583/15, judgment of 15 December 2016) and Chanyev v. Ukraine (application No. 46193/13, judgment of 9 October 2014). |
Problems regarding the legal framework governing and the use of pre-trial detention. |
Under enhanced supervision procedure, last examined at 1348th (DH) meeting, 4-6 June 2019. |
|
Groups of cases Salov v. Ukraine (application No. 65518/01, judgment of 6 November 2005), and Oleksandr Volkov v. Ukraine (application No. 21722/11, judgment of 9 January 2013). |
Lack of independence and impartiality of tribunals. Violations of the applicant’s right to a fair hearing on account of his unlawful dismissal from his post as a judge at the Supreme Court of Ukraine. |
Salov group of cases closed by final Resolution Oleksandr Volkov group of cases under enhanced supervision procedure, last examined at 1383rd (DH) meeting, 29 September -1 October 2020. |
|
Gongadze v. Ukraine (application No. 34056/02, judgment of 8 November 2005). |
Failure to protect life, failure to carry out an effective investigation into a death, lack of an effective remedy in this respect, attitude of the investigatory authorities towards the applicant and her family amounting to degrading treatment. |
Under enhanced supervision procedure, last examined at 1324th (DH) meeting, 18-20 September 2018. |
|
Vyerentsov v. Ukraine (group of cases) (application No. 20372/11, judgment of 11 April 2013). |
Violation of the right to freedom of peaceful assembly. |
Under enhanced supervision procedure, last examined at 1288th (DH) meeting, 6-8 June 2017. |
Appendix 2 – Judgments of the European Court of Human Rights against Azerbaijan pending before the Committee of Ministers under enhanced supervision procedure.
(open)
Leading case |
Case description |
Status of execution |
---|---|---|
Gafgaz Mammadov v. Azerbaijan (application No. 60259/11, onjudgment of 15 October 2015). |
Dispersals of demonstrations and arrests of demonstrators. |
Last examined at 1318th (DH) meeting, 5-7 June 2018. |
Humbatov v. Azerbaijan (group) (application No.13652/06, judgment of 3 October 2009). |
Non-enforcement of final domestic judgments (other property rights). |
Last examined at 1348th (DH) meeting, 4-6 June 2019. |
Ilgar Mammadov v. Azerbaijan (group) (application No. 15172/13, judgment of 22 May 2014). |
Imprisonment for reasons other than those permitted by Article 5 of the Convention. |
Last examined at 1377bis (DH) meeting, 1-3 September 2020. |
Insanov v. Azerbaijan (group) (application No. 16133/08, judgment of 14 March 2013). |
Unfair criminal and civil proceedings; inhuman and degrading detention conditions. |
Last examined at 1340th (DH) meeting, 12-14 March 2019. |
Khadija Ismayilova v. Azerbaijan (application No. 65286/13, judgment of 10 January 2019). |
Violations of the applicant’s right to privacy and freedom of expression. |
An action plan/report is awaited. |
Mahmudov and Agazade v. Azerbaijan (application No. 40994/07, judgment of 22 April 2010) and Fatullayev v. Azerbaijan (application No. 35877/04, judgment of 18 December 2008). |
Violation of right to freedom of expression, arbitrary application of law of the law on defamation. |
|
Muradova v. Azerbaijan (group) (application No. 22684/05, judgment of 2 April 2009); Mammadov (Jalaloglu) v. Azerbaijan (group) (application No. 34445/04, judgment of 11 January 2007) and Mikayil Mammadov v. Azerbaijan (group) (application No. 4762/05, judgment of 17 December 2009). |
Excessive use of force by the security forces and lack of effective investigations. |
Last examined at 1377bis (DH) meeting, 1-3 September 2020. |
Mirzayev v. Azerbaijan (group) (application No. 50187/06, judgment of 3 December 2009). |
Non-enforcement of final judicial decisions ordering the eviction of internally displaced persons who were unlawfully occupying the applicants' apartments. |
Last examined at 1348th (DH) meeting, 4-6 June 2019. |
Namat Aliyev v. Azerbaijan (group) (application No. 18705/06, judgment of 8 April 2010). |
Various irregularities in the context of the 2005 and 2010 parliamentary elections and lack of safeguards against arbitrariness. |
Last examined at 1369th (DH) meeting, 3-5 March 2020. |
Sargsyan v. Azerbaijan (application No. 40167/06, judgments of 16 June 2015 and 12 December 2017, Grand Chamber). |
Impossibility for persons displaced during the Nagorno-Karabakh conflict to gain access to their homes and properties in the region; lack of effective remedies. |
Last examined at 1369th (DH) meeting, 3-5 March 2020. |
Tarverdiyev v. Azerbaijan (application No. 33343/03, judgment of 26 July 2007). |
Failure or delay in the enforcement of final judgments ordering in kind obligations. |
Last examined at 1348th (DH) meeting, 4-6 June 2019. |