Azerbaijan, Baku / Тrend corr K. Zarbaliyeva / There was a dispute over the decision of the European Court. According to the plaintiff, Azerbaijani citizen Bahram Tarverdiyev who claimed that his right for a fair court investigation had been violated. He intends to appeal once again to the European Court should he not be re-instated in his job.
From 1975 to 23 May 2001, Tarverdiyev was employed in the office of the director of the establishment to preserve and restore Ismayilly region's forests. However, due to health problems Tarverdiyev was unable to work for 3 months. The Ecology and Natural Resources Ministry made the decision to dismiss him. Tarverdiyev then applied to the Narimanov District Court of Baku demanding that he be reinstated in his employment. Under the resolution of the Court dated 21 August 2001 he was to be reinstated, but the Ministry did not fulfil the court's decision.
The decision of the European Court on Human Rights regarding Tarverdiyev's lawsuit against Azerbaijan is expected to be executed. On 3 July, 2 days before the European Court made the decision, an accord and reconciliation was achieved between the parties at the trial in the Azerbaijani Court of Appeal, Azerbaijan's representative in the European Court, Chingiz Askarov, said. On 22 June, Tarverdiyev was re-employed in the Forest Protection and Restoration Department of Ismayilly region as an engineer and the case was closed.
However, Tarverdiyev has stated that no reconciliation had been achieved at the trial chaired by Judge Latif Nabiyev. "The judge charged the representative of Ecology & Natural Resources Ministry with execution of the decision of Baku City Narimanov District Court. In my appeal to the European Court I requested to be re-instated in my job," he said.
The plaintiff, former director of Forest Protection and Restoration Department of Ismayilly region, Bahram Tarverdiyev, had previously applied to Yasamal District Court for a full salary.
"They said to me in the Yasamal Court that the case will be considered after a decision by the European Court is made. The resolution of the Narimanov Court regarding my reinstatement to work did not cover the issue of compensation for the period when I did not work. They said to me at the Court that I could initiate an action in this connection," Tarverdiyev said.
In his appeal to the European Court, the plaintiff demands restoration of his rights stipulated in Article 6 (right to just legal investigation) of the Convention on Human Rights. He did not set up a claim for financial compensation.
On 15 April 2002, Azerbaijan ratified the European Convention on Human Rights.