Demolition of citizens' housing should be carried out under the state guarantee

Baku / 12.01.18 / Turan: Demolition of housing of citizens within the framework of renovation projects should be carried out under state guarantees, said in an interview with the program Cətin Sual (Difficult issue) of the agency Turan expressed by the well-known expert in the field of law and lawyer Fuad Agayev. The process of mass demolition of housing in Baku has been going on for almost 10 years. The intensive demolition of houses was carried out in 2009-2010 on the streets of Fizuli (former Basin) and Mirzagi Aliyev.

As for the legal basis, according to the basic law, without state needs, no one, no body has the right to demolish any houses, buildings, real estate. "Unfortunately, many citizens do not know about this, and those who know have limited opportunities for protection. Because the courts in Azerbaijan are not independent bodies and are not guided by laws," Agayev said. Sometimes companies are involved in renovation projects, of which there is no mention at all in the search engines. The contracts concluded by them are not certified by a notary, there is no insurance of risks. What should the government do in such cases to protect the rights and interests of citizens? Answering this question Agayev replied that it is enough to be guided by the law.

The whole process of demolition of old housing and construction of high-rise buildings with the provision of apartments of former residents is called a "pilot project". This is nonsense. Pilots can be considered 1,2 or 3 model projects. To declare the large-scale works covering a significant part of Baku as a "pilot prefect" does not correspond to the law or international practice. If a house is demolished on behalf of the state, then the state body becomes a participant in this process. There must be state guarantees and security, Agayev continued.

Of course, the involvement of unknown companies, without having sufficient free funds in them, can cause serious problems. If, a citizen makes a contract with a private company, then tomorrow this company may be stopped financing and it will go bankrupt. What should a citizen do in such a situation? Then a citizen no longer has a house, no new building is being built, he is not paid for renting a rented apartment. "Unfortunately, courts are not very attentive to these issues, although they are obliged to suspend such illegal demolitions," Agayev said. What steps should citizens take, whose rights are violated? If the precedent decisions are judged? How are the judicial verdicts executed?

Responding this, Agayev drew attention to the fact that the European Court of Human Rights has already taken two decisions on this issue in relation to Azerbaijan. In the cases of Ahverdiyeva and Khalikova, the ECHR unequivocally established that if property is not alienated for state needs, there is no corresponding decision of the Cabinet, then there is a violation of property rights.

As for the execution of court decisions, there are a number of verdicts that have not been fulfilled so far, and no compensation for the material damage done, the lawyer said.-03C06--