Gaziyev and Others v. Azerbaijan

FIFTH SECTION

Application no. 49349/12 Abakar Omar oglu GAZIYEV and Others against Azerbaijan

The European Court of Human Rights (Fifth Section), sitting on 13 December 2018 as a Committee composed of:

Síofra O’Leary, President, Mārtiņš Mits, Lado Chanturia, judges,

and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above application lodged on 12 July 2012,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of the applicants is set out in the appendix.

The applicants were represented before the Court by Mr I. Aliyev, a lawyer practising in Azerbaijan.

On 29 August 2017 the applicants’ complaints under Articles 3 and 9 of the Convention concerning the alleged ill-treatment and the violation of their right to freedom of religion were communicated to the Azerbaijani Government (“the Government”), who submitted observations on the admissibility and merits.

On 12 January 2018 the Government’s observations were forwarded to the applicants who were requested to submit their observations by 23 February 2018.

By a letter dated 4 May 2018, sent by registered post, the applicants were notified that the period allowed for submission of their observations had expired on 23 February 2018 and that no extension of time had been requested. The applicants’ attention was drawn to Article 37 § 1 (a) of the Convention, which provides that the Court may strike an application out of its list of cases where the circumstances lead to the conclusion that the applicant does not intend to pursue the application. The applicants received this letter on 18 June 2018. However, no response has been received.

THE LAW

In the light of the foregoing, the Court concludes that the applicants may be regarded as no longer wishing to pursue the application (Article 37 § 1 (a) of the Convention). Furthermore, in accordance with Article 37 § 1 in fine , the Court finds no special circumstances regarding respect for human rights as defined in the Convention and the Protocols thereto which require the continued examination of the application.

Accordingly, the case should be struck out of the list.

For these reasons, the Court, unanimously,

Decides to strike the application out of its list of cases.

Done in English and notified in writing on 17 January 2019.

Liv Tigerstedt, Síofra O’Leary Acting Deputy Registrar President

APPENDIX

No.

Firstname LASTNAME

Birth year

Nationality

Place of residence

Representative

Abakar Omar oglu GAZIYEV

1960

Azerbaijani

Zagatala

I.K. Aliyev

Vusal Nadir oglu JABRAYILOV

Azerbaijani

Zagatala

I.K. Aliyev

Elshad Adil oglu MUSAYEV

1979

Azerbaijani

Zagatala

I.K. Aliyev

Allahyar Soltan oglu YUSUBOV

1973

Azerbaijani

Zagatala

I.K. Aliyev