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European Court of Human Rights passes one more decision on Azerbaijan

17 December 2009 15:07 (UTC +04:00)

Baku. Victoria Dementyeva â€“ APA. European Court of Human Rights passed one more decision on Azerbaijan. The case originated in an application by an Azerbaijani national, Mikayil Sattar oglu Mammadov, born in 1961, an internally displaced person from Gubadly. After their flight from Gubadly, the applicantâ€™s family of six (himself, his wife, three children and the applicantâ€™s mother-in-law) resided temporarily in various places in Sumgayit. Immediately prior to the events outlined below they lived in a room in a State-owned hostel. In March, 2004, a number of police officers arrived in the applicantâ€™s dwelling and demanded to leave. At an unspecified time after the arrival of the above-mentioned officials, the applicantâ€™s wife, Chichek Mammadova, poured some kerosene on herself and ignited it, apparently in protest at what she perceived as the authoritiesâ€™ intention to evict her family. She died in hospital of complications resulting from her injuries. The applicant alleged, relying on Article 2 of the Convention in particular, that the domestic authorities were responsible for the death of his wife. He also alleged that the authorities had failed to effectively investigate the circumstances of his wifeâ€™s death. The court concluded that there were no indications that any third persons had been in any way responsible for the fact that the applicantâ€™s wife had attempted suicide. The Court concludes that there has been a violation of the respondent Stateâ€™s obligation under Article 2 of the Convention to conduct an adequate and effective investigation with a view to establishing the extent of the State agentsâ€™ responsibility for Chichek Mammadovaâ€™s death. Ruling on an equitable basis, the Court awards the applicant EUR 20,000 in respect of non-pecuniary damage that the respondent State is to pay the applicant, within three months from the date on which the judgment becomes final in accordance with Article 44 Â§ 2 of the Convention, EUR 20,000 (twenty thousand euros), plus any tax that may be chargeable, in respect of non-pecuniary damage, to be converted into New Azerbaijani manats at the rate applicable at the date of settlement.