Azerbaijan, Baku / Trend corr. K. Zarbaliyeva / The European Court passed a decision against Azerbaijan on the appeal of an illegally dismissed doctor.
The court agreed that there had been a violation of former Dr. Latifa Afandiyeva's rights, of the Republican Maternity Hospital, stipulated by Article 6 of the European Convention on Freedom of Human Rights.
Afandiyeva was dismissed from her position by order of the Azerbaijani Former Health Minister, Ali Insanov on 29 December 1993.
Afandiyeva was re-appointed to her previous position of doctor by the decision of the Nasimi District Court on 9 September 1994; however, Insanov did not carry out the decision of the court. A criminal case over the fact was filed against Insanov on 10 January 1995. Later the investigation was closed.
Afandiyeva appealed to the European Court to restore her rights in 2003. However, the European Court did not adopt the appeal concerning payment for fair compensation as the Azerbaijani Supreme Court considered the case.
Afandiyeva was re-appointed to her previous position by order of the Azerbaijani Health Minister, Oktay Shiraliyev, on 11 July 2007.
Afandiyeva said she did not agree with the size of compensation so she appealed to the Supreme Court. The case is currently being considered by the Azerbaijani Supreme Court.
Chingiz Askarov, the Azerbaijani representative in the European Court, said if the Azerbaijani Supreme Court does not adopt a fair decision regarding the issue the European Court will reconsider the part of the case concerning compensation payment.
The resolution on Afandiyeva's case is the eighth one made by the European Court against Azerbaijan.