On 13 January 2022, the European Court of Human Rights handed down a Chamber judgment in the case of Hashemi v. Azerbaijan (application nos. 1480/16, 3936/16, 15835/16, 28034/16, 34491/16, 51348/16 and 15904/17).

The applicants are eight Afghan and Pakistani nationals. They fled Afghanistan and Pakistan during the 2000s and settled in Azerbaijan, where they registered with the Office of the UN High Commissioner for Refugees, which issued them with a letter of protection. The applicants in this case complain about the national authorities’ refusal to issue identity cards to their children, who were born in Azerbaijan, and to acknowledge them as Azerbaijani citizens. Before the national courts, the applicants argued that, in application of the principle of ius soli, as enshrined in the Azerbaijani legislation in force prior to 30 May 2014, their children, who had been born before that date, were Azerbaijani citizens. They alleged that the domestic authorities’ refusal to issue them with identity papers was illegal. On various dates the applicants’ requests were all rejected by the domestic courts, which held that their children could not be considered to be Azerbaijani citizens, given that their parents held another nationality, namely that of Afghanistan or Pakistan. The applicants relied on Article 8 (right to respect for private and family life) of the European Convention on Human Rights.

The Court found a violation of Article 8 and awarded non-pecuniary damage: 2,100 (euros) EUR to each applicant (Just satisfaction).