RESOLUTION OF THE CONSTITUTIONAL COURT OF THE AZERBAIJAN REPUBLIC

of May 11, 2004

About compliance of judgments of the Constitution and to the laws of the Azerbaijan Republic in connection with E. Alizadeh's claim and others

Name of the Azerbaijan Republic

Plenum of the Constitutional court of the Azerbaijan Republic as a part of F. Abdullaev (chairman), F. Babayeva, B. Garibova R. Gvaladze, E.Mamedova (judge-speaker), I. Nadzhafova, S. Salmanova and A. Sultanov,

with participation of the court secretary I. Ismaylov

according to part V of article 130 of the Constitution of the Azerbaijan Republic (further - the Constitution) Eldara Mamed Oglou, to Ganbarova Zarify Beyukaga of gyza and Ramazanovoy Nabat Guseynkhan of gyza about compliance of court resolutions of the Constitution and to the laws of the Azerbaijan Republic considered in proceeding in open court according to the procedure of the constitutional legal proceedings the constitutional case on Alizadeh's claims.

After adoption of claims in production of the Constitutional court to wait the petition of applicants with request before consideration of question in the European Court of Human Rights it was not satisfied as such reason is not specified among the circumstances provided in article 47 of the Law of the Azerbaijan Republic "About the Constitutional court" for adjournment of judicial session. At the same time the Plenum of the Constitutional court postponed judicial session with 16 to April 28, 2004 exclusively due to the lack of applicants.

Considering that applicants, being in advance in writing informed on date of judicial session, were not on meeting, and also the letter of the Chairman of the Supreme Court of the Azerbaijan Republic of March 30, 2004 No. 8m-512 "a"/03 about consideration of the case without participation of the defendant's representative, the constitutional case was considered without participation of the parties.

Having heard the report of the judge E.Mamedov, having studied and having discussed case papers the Plenum of the Constitutional court of the Azerbaijan Republic established:

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