3156/24;6477/24

THIRD SECTION CASE OF NABIYEV AND JAFAROV v. AZERBAIJAN (Applications nos. 3156/24 and 6477/24)             JUDGMENT   STRASBOURG 22 January 2026   This judgment is final but it may be subject to editorial revision. In the case of Nabiyev and Jafarov v. Azerbaijan, The European Court of Human Rights (Third Section), sitting as a Committee composed of:  Diana Kovatcheva, President,  Canòlic Mingorance Cairat,  Vasilka Sancin, judges, and Viktoriya Maradudina, Acting Deputy Section Registrar, Having deliberated in private on 18 December 2025, Delivers the following judgment, which was adopted on that date: PROCEDURE 1.  The case originated in applications against Azerbaijan lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on the various dates indicated in the appended table. 2.  The applicants were represented by Ms Khayala Mammadova, a lawyer based in Azerbaijan. 3.  The Azerbaijani Government (“the Government”) were given notice of the applications. THE FACTS 4.  The list of applicants and the relevant details of the applications are set out in the appended table. 5.  The applicants complained under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 to the Convention of the non-enforcement of domestic decisions. THE LAW JOINDER OF THE APPLICATIONS 6.  Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment. ALLEGED VIOLATION OF ARTICLE 6 § 1 OF THE CONVENTION AND OF ARTICLE 1 OF PROTOCOL No. 1 7.  The applicants complained of the non-enforcement of domestic decisions given in their favour. They relied on Article 6 of the Convention and Article 1 of Protocol No. 1. 8.  The Court reiterates that the execution of a judgment given by any court must be regarded as an integral part of a “hearing” for the purposes of Article 6. It also refers to its case-law concerning the non-enforcement or delayed enforcement of final domestic judgments (see Hornsby v. Greece, no. 18357/91, § 40, Reports of Judgments and Decisions 1997‑II). 9.  In the leading cases of Jafarli and Others v. Azerbaijan, no. 36079/06, 29 July 2010; Faber Firm and Jafarov v. Azerbaijan, no. 3365/08, 25 November 2010; and Akhundov v. Azerbaijan, no. 39941/07, 3 February 2011, the Court already found a violation in respect of issues similar to those in the present case. 10.  The Court further notes that the decisions in the present applications ordered specific action to be taken (see the appended table for details). The Court therefore considers that the decisions in question constitute “possessions” within the meaning of Article 1 of Protocol No. 1. 11.  Having examined all the material submitted to it, the Court has not found any fact or argument capable of persuading it to reach a different conclusion on the admissibility and merits of these complaints. Having regard to its case-law on the subject, the Court considers that in the instant case the authorities did not deploy all necessary efforts to enforce fully and in due time the decisions in the applicants’ favour. 12.  These complaints are therefore admissible and disclose a breach of Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 to the Convention. APPLICATION OF ARTICLE 41 OF THE CONVENTION 13.  Regard being had to the documents in its possession and to its case‑law (see, in particular, Ahmadov and Others v. Azerbaijan [Committee], nos. 3225/10 and 5 others, 28 March 2019; Aliyeva and Others v. Azerbaijan [Committee], nos. 64593/16 and 3 others, 8 October 2020; and Valiyev and Others v. Azerbaijan [Committee], nos. 17419/16 and 8 others, 8 October 2020), the Court considers it reasonable to award the sums indicated in the appended table. 14.  The Court further notes that the respondent State has an outstanding obligation to enforce the decisions which remain enforceable. FOR THESE REASONS, THE COURT, UNANIMOUSLY, Decides to join the applications; Declares the applications admissible; Holds that these applications disclose a breach of Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 to the Convention concerning the non-enforcement of domestic decisions; Holds that the respondent State shall ensure, by appropriate means, within three months, the enforcement of the pending domestic decisions referred to in the appended table; Holds (a)  that the respondent State is to pay the applicants, within three months, the amounts indicated in the appended table, to be converted into the currency of the respondent State 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. Done in English, and notified in writing on 22 January 2026, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.  Viktoriya Maradudina Diana Kovatcheva  Acting Deputy Registrar President       APPENDIX List of applications raising complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 to the Convention (non-enforcement of domestic decisions) No. Application no. Date of introduction Applicant’s name Year of birth   Relevant domestic decision Start date of non-enforcement period End date of non-enforcement period Length of enforcement proceedings Domestic order Amount awarded for non-pecuniary damage per applicant (in euros)[1] Amount awarded for costs and expenses per application (in euros)[2]     3156/24 15/01/2024 Farrukh Makhsul oglu NABIYEV   Supreme Court, 29/08/2017   29/08/2017   pending More than 7 years and 7 months and 28 days   Prohibition of any unlawful interference by the executive authorities with the construction of commercial buildings by the applicant 1,000     6477/24 17/02/2024 Vahid Gulam oglu JAFAROV   Supreme Court, 29/08/2017   29/08/2017   pending More than 7 years and 7 months and 28 days   Prohibition of any unlawful interference by the executive authorities with the construction of commercial buildings by the applicant 1,000     [1] Plus any tax that may be chargeable to the applicants. [2] Plus any tax that may be chargeable to the applicants.