CEDH · CASELAW;COMMUNICATEDCASES;ENG — 16 septembre 2020

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s29100277 { font-family:Arial; font-weight:bold } Communicated on 16 September 2020 Published on 5 October 2020   FIFTH SECTION Application no. 53935/19 Elshad Shakir oglu TAHMAZOV against Azerbaijan lodged on 4 October 2019 SUBJECT MATTER OF THE CASE The application concerns the applicant’s right to enforceable compensation for his unlawful detention for a period of five months and twenty days. Relying on Article 5 § 5 of the Convention, the applicant complains that the negligible amount of the compensation (1,500 Azerbaijani manats, at the material time approximately 800 euros) awarded in the domestic proceedings, ended by a final decision of the Supreme Court dated 21 May 2019, constituted a breach of his right to enforceable compensation for unlawful detention. QUESTIONS TO THE PARTIES Did the applicant have an enforceable right to compensation for his unlawful detention, as required by Article 5 § 5 of the Convention? In particular, was the amount of the compensation made by the domestic courts sufficient to consider that the right in question was practical and effective?