CEDH · CASELAW;COMMUNICATEDCASES;ENG — 1 février 2024

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s29100277 { font-family:Arial; font-weight:bold } .sA36B60A1 { font-family:Arial; font-style:italic } .s434D37A9 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s5FFF0A75 { margin-top:0pt; margin-bottom:0pt; font-size:7pt } .s75A32C27 { border-collapse:collapse } .s3695F815 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top; background-color:#dfdfdf } .s856DF1B6 { margin-top:0pt; margin-bottom:0pt; font-size:10.5pt } .sEECE831 { font-family:Arial; font-weight:bold; color:#474747 } .sF8ED3D46 { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:10.5pt } .sE8934522 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s2EB42ED2 { margin-top:0pt; margin-bottom:0pt; font-size:10pt } Published on 19 February 2024   FIRST SECTION Application no. 21933/19 Emil Telman oglu GOZALOV against Azerbaijan and 10 other applications (see list appended) communicated on 1 February 2024 SUBJECT MATTER OF THE CASE The applications concern the confiscation of the applicants’ properties in the framework of criminal proceedings conducted against F.A., a former employee of the Ministry of National Security. On 23 April 2018 the Baku Military Court convicted F.A. under a number of provisions of the Criminal Code (Articles 178 (fraud), 179 (embezzlement), 311 (bribery) and others) and ordered confiscation of numerous properties belonging to him and his relatives, including the applicants. On 18 October 2018 the Baku Court of Appeal rejected the applicants’ appeals holding that they did not have a right under domestic law to contest the trial court’s judgment. The applicants in applications nos. 39605/20, 43737/20 and 11406/21 initiated also separate civil proceedings complaining about the confiscation of their properties. However, the domestic courts rejected their complaints finding that they could not be examined in those proceedings. It appears that, following F.A.’s cassation appeal in the above-mentioned criminal proceedings, on 8 June 2021 the Supreme Court quashed the confiscation order in respect of part of the properties in question. Relying on Article 6 § 1 of the Convention, the applicants complain that they were not summoned to the criminal proceedings which led to the confiscation of their properties, and that their appeals were rejected by the domestic courts. They further complain under Article 1 of Protocol No. 1 to the Convention that the confiscation of their properties was unlawful and not based on any evidence. They also complain under Article 13 of the Convention of the violation of their right to an effective remedy. COMMON QUESTIONS TO THE PARTIES 1.     Did the applicants have access to a court for the determination of their civil rights and obligations, in accordance with Article   6 §   1 of the Convention (see Silickienė v. Lithuania , no. 20496/02, § 50, 10 April 2012, and Veits v. Estonia , no. 12951/11, § 59, 15   January 2015)?   2.     Was the confiscation of the applicants’ properties in accordance with the conditions provided for by law, as required by Article 1 of Protocol No.   1 to the Convention? If so, was the confiscation of the applicants’ properties proportionate to the aim pursued, as required by Article 1 of Protocol No.   1 to the Convention? Did the domestic courts show that the confiscated assets could have been the proceeds of crimes in a reasoned manner, on the basis of an objective assessment of the factual evidence and without relying on a mere suspicion (compare Todorov and   Others v. Bulgaria , nos. 50705/11 and 6 others, § 215, 13 July 2021)? Did the confiscation of the applicants’ properties impose an excessive individual burden on them (see Immobiliare Saffi v. Italy, [GC], no. 22774/93, § 59, ECHR 1999-V, and Denisova and Moiseyeva v. Russia , no. 16903/03, § 64, 1 April 2010)?   3.     Did the applicants have at their disposal an effective domestic remedy in respect of their complaint under Article 1 of Protocol No. 1 to the Convention, as required by Article   13 of the Convention?   4.     The parties are requested to inform the Court of any important factual developments in the present cases. CASE-SPECIFIC QUESTIONS Application no. 23284/19 Did the confiscated money, which was found in F.A.’s office and flat, constitute the applicant’s possessions, within the meaning of Article 1 of Protocol No. 1 to the Convention?   Application no. 39605/20 The parties are requested to provide a copy of the Supreme Court’s decision of 6 February 2020.     APPENDIX No. Application no. Case name Lodged on Applicant Year of Birth Place of Residence Nationality Confiscated property 1. 21933/19   Gozalov v. Azerbaijan   10/04/2019 Emil GOZALOV 1990 Ganja Azerbaijani House in Ganja 2. and 3. 22182/19 and 39605/20   Ismayilova v. Azerbaijan   10/04/2019 and 13/08/2020 Kifayat ISMAYILOVA 1951 Baku Azerbaijani Non-residential property in Baku 4. 22190/19   Gozalov v. Azerbaijan   10/04/2019 Telman GOZALOV 1963 Ganja Azerbaijani Non-residential property, pharmacy, and house in Ganja 5. 23277/19   Gurbanova v. Azerbaijan   10/04/2019 Saida GURBANOVA 1973 Ganja Azerbaijani House in Ganja 6. and 7. 23284/19 and 43737/20   Aliyev v. Azerbaijan   10/04/2019 and 15/09/2020 Elshan ALIYEV 1975 Baku Azerbaijani - Two non-residential properties and plot of land in Baku; - three non-residential properties in Ganja; - house in Absheron; - plot of land in Dashkasan; - money (AZN 12,123 and USD 35,100). 8. 23300/19   Aliyeva v. Azerbaijan   10/04/2019 Elmira ALIYEVA 1951 Ganja Azerbaijani - Plot of land in Goygol; - plot of land in Dashkasan. 9. and 10. 23310/19 and 11406/21     SHAH MMC v. Azerbaijan   10/04/2019 and 02/02/2021 SHAH MMC Registration year: 2006 Address: Baku   Two cars (Toyota and Lexus) 11. 23315/19   Gurbanov v. Azerbaijan   10/04/2019 Ruslan GURBANOV 1966 Ganja Azerbaijani Non-residential property in Ganja