In the Fifth Year After Karabakh’s Liberation, Refugees Still Occupy Illegally Taken Apartments
In 2017, the Sumgayit City Court ruled to evict the Aliyev family—refugees from Gubadli (Akper, Sarvinaz, Ramil, and two other family members)—from an illegally occupied apartment in the 12th microdistrict, Building 7A, Apartment 35. The court ordered the property be returned to its rightful owner, Samaya Aliyeva. However, the Ministry of Justice intervened, citing a presidential decree from July 1, 2004, which approved a state program for improving the living and working conditions of refugees. Under this directive, refugees without alternative housing cannot be evicted until they are provided with a replacement residence by the Executive Authority.
Samaya Aliyeva’s plight was not considered. Forced to rent an apartment for years, she covered the costs from her own income. Over time, the stress of her situation took a toll on the Aliyeva family’s health, adding medical expenses to the financial burden of rent.
After the liberation of Karabakh in 2021, S. Aliyeva approached the Sumgayit Executive Authority, reminding them of her legal right to her three-room, 70-square-meter apartment. She believed it was finally time to reclaim her home. However, the Executive Authority responded that housing allocation for refugees falls under the jurisdiction of the State Committee for Refugees and Internally Displaced Persons, which would address the issue in due course. Until then, enforcing the court’s decision was deemed impossible.
Aliyeva then appealed to the Supreme Court. In her petition dated November 27, 2024, she noted that her apartment had been occupied by refugees for 20 years. She also presented evidence suggesting the refugees had another residence and were renting out her property for profit. She demanded the return of her legally owned apartment, as well as compensation for the property’s value (83,000 AZN) and lost rental income (350 AZN per month). Aliyeva sought a total of 108,200 AZN in compensation for material and moral damages, addressing her claims to the Sumgayit Executive Authority and the Ministry of Finance, which represent the refugees’ interests.
The Supreme Court reviewed prior decisions by lower courts, including the Baku Court and the Court of Appeal, and upheld the rulings in favor of Aliyeva. The court ordered the eviction of the refugees and awarded her financial compensation for the harm caused by the deprivation of her legal property.
Despite the court’s ruling at the highest level, Aliyeva remains unable to reclaim her apartment. Frustrated, she turned to Turan for assistance in defending her rights.
A Similar Case in Baku
Another legal battle involves Bakhtiyar Akhmedov, whose apartment in the Yasamal district of Baku (Yeni Yasamal residential area, Building 7, Apartment 70) was seized by Akper Vezirov and his family, refugees from Shusha.
In 2022, the State Committee for Refugees informed Akhmedov that under Decree No. 298 from July 1, 2004, refugees cannot be evicted from the apartments they occupy. The committee urged Akhmedov to be patient, promising to return his property once the refugees resettle in their liberated lands. “Settlements for former refugees are being constructed in the liberated regions, where the Vezirov family will be relocated. Please consider this,” the committee wrote in its response.
Akhmedov also pursued legal action, and the Court of Appeal ruled in his favor, confirming his right to reclaim his 65-square-meter apartment. However, he remains unable to enforce the court’s decision.
The property owner has now filed a complaint with the Court of Appeal regarding the non-execution of previous rulings, citing violations of his property rights. Akhmedov plans to demand compensation for material and moral damages (amount yet to be determined) and has indicated to Turan that he may escalate the case to the European Court of Human Rights.
Legal Perspective
Rasul Jafarov, the lawyer representing Aliyeva and Akhmedov, highlighted Article 129 of the Constitution, which mandates the enforcement of court rulings and imposes penalties for non-compliance. The Constitutional Court's 2017 plenary explanation stated that no grounds exist for non-implementation of judicial decisions, which applies to all government bodies, including cases involving refugee-occupied apartments.
Jafarov argues that with Karabakh liberated and settlements being constructed for displaced persons, references to humanitarian concerns are no longer valid. He also noted two additional unresolved property disputes of a similar nature under his review.
“Depriving citizens of their property rights for unlawful reasons violates Article 6 of the European Convention on Human Rights, which guarantees a fair trial, and Article 8, which ensures respect for private life and housing. Azerbaijan is a party to this convention,” Jafarov stated.
A Systemic Problem
The numerous tragic stories of apartments occupied for decades by refugees and the government’s reluctance to restore properties to rightful owners underscore the inadequacy of legal and constitutional protections for property rights in Azerbaijan. Despite sufficient financial and construction resources, the state has yet to resolve this long-standing social issue. Legal owners continue to gaze at their apartments from afar, unable to enter their homes. Instead of justice, they receive bureaucratic responses. Years of living in rented housing deplete their health and finances, and when they finally regain their apartments, costly renovations will be required.
This reality starkly contrasts with the president’s assertions about the primacy of social issues in state policy and the consistent improvement of citizens’ welfare.
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