Property Right Goes Unprotected in Azerbaijan

In 2009-2012 over 70.000 residents of Baku lost their houses, apartments, small businesses. The property right of citizens of Azerbaijan is secured by Articles 13 and 29 of the Constitution, Civil and Housing Codes of Azerbaijan Republic.

According to Article 157.9 of the Housing Code, «property can be alienated by the state when required so by state needs and only in cases permitted by law based on decisions of the Cabinet of Ministers of Azerbaijan Republic for the purpose of construction of roads and other communication lines, location of a frontier zone or construction of defense facilities»

A relevant decision of the Cabinet of Ministers shall be entered into the State Register of Immovable Property. Article 31 of the Housing Code of AR secures the right to property.

We have cited these provisions of the national law to stress that all the facts of demolition of houses in Baku point to outrage of law.

These criminal offences are committed by Executive Authority of Baku city headed by Hajibala Abutalybov, and State Property Committee headed by Kerem Hasanov. The police drag residents out of their apartments. Groups of marauders headed by Zulfaly Ismaylov, Head of Department of Baku city Executive Authority, and Yusif Gambarov, an official with State Property Committee, beat women and elderly, rob property.

You see how in November 2010 the police were encircling House No 58 at Fuzuli street as if detaining dangerous armed criminals. You see   sorrow-stricken woman dashing around the yard. They left homeless…

Here is how the authorities were demolishing houses on the eve of Eurovision Music Contest in Baku. You can see how they are pulling down House No 4 at Agil Guliyev street on February 28, 2012. The police team is dragging women and old people out, the young boy is trying to protect his sister from the violent police. The Eurovision Contest broke lives of thousands of Baku residents leaving them homeless.

Here are the marauders from Baku city executive authority headed by Department Chief Zulfaly Ismaylov beating the women and dragging them out of their House No 20 at Shamsi Badalbeyli on April 02, 2012. These beaten-up women are also left homeless.

On August 10, 2011 New York Times released an interview with Dr. Leyla Yunus, Director of the Institute for Peace and Democracy. She speaks about the established corruption criminal practices in unlawful alienation of private property. Few hours after the article had appeared in the newspaper on August 11 at the night a group of marauders headed by Yusif Gambarov, Department Chief of State property Committee, without any notification and in absence of the owners, removed IPD office building with a bulldozer. The building was private property of the Yunusovs and was completely destroyed with the archive and library. The computers and other office equipment were looted.

No-one was brought to justice for these crimes which are still taking place. Executive Chief of Baku city issued orders No 76 and No 511 on construction of the so-called “Winter Park”. But these orders are invalid as not based on a general architectural plan of Baku city to be approved by the Cabinet of Ministers. There is no such a plan! There is no approved budget on payment of compensation to residents for their property. Residents are forced to conclude sale-and-purchase contracts on selling their houses with fictitious persons at nominal charge sounded by President Ilham Aliyev. As if in the middle-aged Azerbaijan, a verbal instruction of the ‘shah’ cancelled the Constitution and European Convention.

Lack of an independent judicial system deprives citizens of the means to protect their rights in court.