Loss of occupational housing without compensation violates the right to property protection

JUDGMENT

Maharramov v. Azerbaijan 30-03-2017 (no. 5046/07)

see here 

SUMMARY 

Right to property. The case concerns the authorities’ demand that the applicant to leave his shop in order to widen the road. He refused, and initiated legal proceedings to challenge the authorities’ activities. According to him, his store was then destroyed. Mr Maharramov specifically complained that he was illegally and unjustifiably deprived of his property without compensation, in violation of Article 1 of the First Protocol (protection of property) of the ECHR. The ECtHR held that there was a violation.

PROVISION 

Article 1 of the First Addional Protocol

PRINCIPAL FACTS

The applicant, Ilgar Hilal oglu Maharramov, is an Azerbaijani national who was born in 1966 and lives in Ganja (Azerbaijan). He owned a shop on Attarlar Street in Ganja. In 2004 local authority officials asked Mr Maharramov to vacate his shop, so the street could be widened. He refused, and brought a legal action to challenge the authorities’ activities. According to him, his shop was then destroyed (the Government maintain that it was lifted away by crane to a different part of the city). Mr Maharramov added a compensation claim to his legal challenge. However, the action was
dismissed by the courts, both at first instance and on appeal.

Mr Maharramov complained in particular that he had been unlawfully and unjustifiably deprived of his property without any compensation, in breach of Article 1 of Protocol No.1 (protection of
property) to the European Convention on Human Rights.

THE DECISION OF THE COURT

Violation of Article 1 of Protocol No. 1

Just satisfaction

The Court held that the question of the application of Article 41 (just satisfaction) of the Convention was not ready for decision and reserved it for examination at a later date.


ECHRCaseLaw

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