The complaint of the victims of the Pilot Project will go to the European Court of Human Rights

The Constitutional Court of Azerbaijan issued a decision on the complaint of a group of Baku residents, who demanded in the claim of December 11, 2018 annulment of the decision of the Supreme Court of the Azerbaijan Republic, which refused to satisfy the citizens" request to declare illegal the order of the executive power of Nasimi district of Baku No. 196 dated October 21, 2016. Residents Viktor Sapunkov, Maxim Tyushin and others are suing the construction company Gloria Palace, which is building as part of a pilot project to renovate the housing stock in Baku. The disputed residential area of ​​1.2 hectares is located at the intersection of Khan Shushinsky, Azadlig, Abbas Sakhhat, Nasibbey Yusifbeyli Nasimi district.

http://www.turan.az/ext/news/2018/10/free/Want%20to%20Say/ru/76039.htm

The Constitutional Court (CC) has rejected the adoption of a complaint in court proceedings, and explanation of this decision cannot be accepted.

In his appeal to Turan, Viktor Sapunkov argues that the decisions of the Constitutional Court that, according to the Law on the Constitutional Court of the Azerbaijan Republic, consideration by the Constitutional Court of a violation of rights and freedoms is allowed in the following cases: if a court does not apply a legal act to be applied; in case of application by a court of a non-applicable legal act; in case of misinterpretation by the court of a regulatory act (Articles 34.2.1, 34.2.2, 34.2.3 of the Law), and then indicates that our complaint is not within the competence of the COP!

Moreover, the Chamber of the Constitutional Court, having considered the complaint and the documents attached to it by V. Sapunkov and others, does not see sufficient grounds for the Court to decide on the case because it did not reveal violations of the provisions of the aforementioned Law, and also part of the evidence of the complaint was related to the investigation of the circumstances of the case.

Isn't that absurd? In our case, the courts of the 1st, 2nd and 3rd instances clearly misinterpreted the regulatory legal act - Cabinet Decision No. 86 of February 25, 2016 "On Additional Measures to Accelerate the Socio-Economic Development of Surakhani, Nasimi, Khatai, Narimanov, Nizami, Yasamal, Sabail, Pirallahy, Khazar districts of Baku city".

The complaint was filed within the framework of the Constitution and the norms of legislation of the Republic of Azerbaijan, was sufficiently substantiated. In drawing up the complaint, Article 34 of the Law on the Constitutional Court was strictly observed, explains Sapunkov.

Another interesting fact is that the complaint was sent on December 11, 2018, and was considered only on February 25, 2019. We received a complaint on March 3, 2019. By law, the complaint should have been considered within 30 days. This suggests that the Constitutional Court had long thought about what to do with this complaint and eventually rudely rejected an applicant.

An adequate question arises: why do we need the Constitutional Court of Azerbaijan in such a form in which it exists and is spelled out in the Law on the Constitution and the Constitution? Why is the ordinary citizen unable to apply to the Constitutional Court on his own or with the help of a lawyer if his rights are violated by the courts and the courts have misinterpreted the legal act? Why is it necessary to restore justice only through the ECHR, and not within Azerbaijan?

For example, part 5 of the Constitution of the Azerbaijan Republic says: everyone has the right to appeal against the Constitutional Court of the Azerbaijan Republic legislative acts of the legislative and executive authorities, acts of municipalities and courts that violate his rights and freedoms, for resolution by the Constitutional Court of the Azerbaijan Republic referred to in paragraphs 1-7 of Part III of this article, in order to restore violated human rights and freedoms.

And why only the questions specified in paragraphs 1-7 of the Part3?

Or, for example, Article 34.5 of the Law on the CC states that a complaint can be filed if, as a result of the violation of rights and freedoms, preventing other complaints from causing serious and irreparable damage to the applicant, the complaint can be submitted directly to the Constitutional Court.

Is it necessary to wait for irreparable damage? Is it really impossible to prevent the infliction of heavy and irreparable damage in the stage of his "conception"? asks Sapunkov.

The main objectives of the Constitutional Court are to ensure the supremacy of the Constitution of the Republic of Azerbaijan, protect the fundamental rights and freedoms of everyone. The activity of the Constitutional Court is based on the principles of the supremacy of the Constitution of the Republic of Azerbaijan, independence, collegiality and publicity. In the proceedings carried out in the Constitutional Court, judges consider cases independently, impartially and fairly.

Actually, it turns out that our courts, starting from the first instance and ending with the Constitutional Court, work on the principle of a call and instructions from above.

As a result of the rejection of citizens' complaints by the Constitutional Court, the decision of the Supreme Court remains in force, therefore, the order of the head of the Executive Committee of the Nasimi District also remains in force. And this is a serious violation of property rights, which leaves a serious risk of illegal demolition of property of citizens.

The complaint of Baku citizens will be sent to the European Court of Human Rights. This is a long way, but we have no other choice," concluded the Baku resident Victor Sapunkov his court struggle in Azerbaijan.