European court makes one more decision on Azerbaijani citizen’s lawsuit

Azerbaijan, Baku, Dec. 12/ Trend , K.Zarbalieyva/ On Dec. 11, the European court on human rights divulged its decision due to a lawsuit of Latifa Afandiyeva, an Azerbaijani citizen, the European court said. In accordance with the court's decision, the Azerbaijani government should pay €3,100 and €1,550 for juridical expenditures to Afandiyeva.

As to the decision dated Dec. 25 2007, the European Court recognised the disturbance of the rights of plaintiff, the six (right to valid judicial trial) European conventions on the protection of rights and freedom of men provide ford with article, and by article one of 1 Protocol of the Convention (right to property).

In the first lawsuit Afandiyeva complaint due to nonfulfillment of the decision with respect to restore her to the post of head physician of Republic Maternity Ward.

Afandiyeva was dismissed from the post of the head physician of Republic Maternity Ward under the order of the Health Minister Ali Insanov on Dec. 29 1993.

Arrested in Oct. 2005 on the charge in an attempt at coup d'etat and preparation of mass disorders, Insanov was pledged guilty of corruption crimes and sentenced to 11 years of imprisonment with seizure of property in 2008.

The three years punishment, to which the former minister was sentenced, was assigned due to non-fulfillment of court's decision regarding the case of Afandiyeva.

On Sept. 1994, under the resolution of the Nasimi District Court Afandiyeva was restored to the post, however, Insanov ignored Court's decision. Because of non-fulfillment of Court's decision, a criminal case was excited against the former health minister on Jan.10 1995, who at present is found in the conclusion.

Afandiyeva was restored to her former post under the order of the current Health Minister Ogtay Shiraliyev on Jul. 11 2007.

In its first decision the European Court, without having solved a question of valid compensation, stated that the complaint on the compensation will be examined, only if law court does not restore the disrupted rights of plaintiff in the course of three months. The European Court, after reexamining the matter in connection with compensation, made a new decision.

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