5.  The applicant was born in 1973 and currently lives in Vienna, Austria.
6.  In 2002 the applicant purchased a flat in Baku at a location near the Tezepir Mosque, with a living space of 17.6 sq. m.
7.  In 2004 the applicant carried out some renovation and construction works at the flat, as a result of which the total area of the flat became 84 sq. m, while the living space increased to 33.6 sq. m.
8.  On 7 March 2005 the head of Yasamal District Executive Authority issued an order recognising the fact that by building additional rooms (living rooms, hall, kitchen, mansard, and so on), the applicant had increased the total area of her flat to 84 sq. m.
9.  On 3 June 2005 the Baku City Department of Technical Inventory and Registration of Property Rights issued a certificate of title to the applicant certifying that her flat comprised a total area of 84 sq. m, 33.6 sq. m of which was living space and the remainder of which was auxiliary space.
10.  In July 2006 the Tezepir Mosque lodged a claim against the applicant with the Yasamal District Court, asking that the applicant be dispossessed of her title to the flat in exchange for monetary compensation, and be evicted from the flat. The Tezepir Mosque argued that the area where the applicant’s flat was located was within the area of works required for the renovation and development of the mosque complex, and that the applicant and her family were the only residents who had refused to relinquish their flat in exchange for the compensation offered to them. The Tezepir Mosque was ready to pay 100,000 United States dollars (USD) in compensation.
11.  During the court hearing, the representative of the Tezepir Mosque argued that the market price of comparable flats was USD 500 per sq. m, and that the applicant was only entitled to be paid for the living space of her flat (33.6 sq. m). It appears that, in support of this claim, he submitted copies of some sale announcements published in unidentified issues of the local newspaper. The applicant argued that the total area of her flat was 84 sq. m, that the market value of comparable flats was USD 3,000 per sq. m, and that she would sell her flat only if she was paid USD 252,000.
12.  The Yasamal District Court noted that, under Article 157.9 of the Civil Code, private owners could be dispossessed of their title to property for State and public needs, in exchange for compensation. It also referred to an order by the Soviet of Ministers of the Azerbaijan Soviet Socialist Republic (“the Azerbaijan SSR”) dated 22 May 1986 (hereinafter “the order of 22 May 1986”), concerning renovation work on the land of the Tezepir Mosque and the relocation of people residing in that area to other accommodation. It also noted, without referring to any specific decisions, that subsequently the Baku City Executive Committee and its successor, the Baku City Executive Authority, had issued several other decisions on the continuation of the renovation work on that land and the “gradual relocation” of the area’s residents.
13.  In deciding the amount of compensation payable, the court found that the area of the applicant’s flat was 33.6 sq. m. It also took note of the Tezepir Mosque’s submissions that, despite the fact that the applicant had purchased a flat which was located on land already allocated to the Mosque and that she had subsequently carried out renovation and construction work in the flat “without obtaining rights to the land” and “without authorisation”, the Mosque had offered to pay her USD 100,000, an amount which exceeded the flat’s market value. The court considered that the proposed amount of compensation was reasonable.
14.  By a judgment of 2 August 2006, the Yasamal District Court revoked the applicant’s title to the flat, ordered the Tezepir Mosque to pay her the equivalent of USD 100,000 in Azerbaijani manats, and ordered the eviction of the applicant and her family from the flat. By a separate decision delivered on the same day, the Yasamal District Court also ordered the immediate execution of the judgment.
15.  On 27 September and 27 December 2006 the judgment was upheld by the Court of Appeal and the Supreme Court respectively.