Mammadov and Others v. Azerbaijan

FIFTH SECTION

Application no. 67412/17 Saleh MAMMADOV and Others

against Azerbaijan

(see appended table)

The European Court of Human Rights (Fifth Section), sitting on 5 March 2020 as a Committee composed of:

Gabriele Kucsko-Stadlmayer, President, Mārtiņš Mits, Lәtif Hüseynov, judges, and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above application lodged on 31 August 2017,

Having regard to the formal declarations accepting a friendly settlement of the case,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of applicants is set out in the appended table.

The applicants were represented by Mr Anvar Mehdi oglu Amiraliyev, a lawyer practising in Baku.

The applicants’ complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 concerning the non-enforcement or delayed enforcement of domestic decisions were communicated to the Azerbaijani Government (“the Government”).

The Court received the friendly-settlement declaration under which the applicants agreed to waive any further claims against Azerbaijan in respect of the facts giving rise to this application, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertake to pay simple interest on them, from the expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points. The Government also undertake to ensure the enforcement of the domestic decisions under consideration in the case within the same three-month period, and to pay any costs of the domestic enforcement proceedings.

The payment and the enforcement of the domestic decisions in the cases concerned will constitute the final resolution of the case.

THE LAW

The Court takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and the Protocols thereto and finds no reasons to justify a continued examination of the application.

In view of the above, it is appropriate to strike the case out of the list.

For these reasons, the Court, unanimously,

Decides to strike the application out of its list of cases in accordance with Article 39 of the Convention.

Done in English and notified in writing on 26 March 2020.

Liv Tigerstedt Gabriele Kucsko-Stadlmayer Acting Deputy Registrar President

APPENDIX

Application raising complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1

(non-enforcement or delayed enforcement of domestic decisions)

Application no. Date of introduction

Applicant’s name

Date of birth

Representative’s name and location

Date of receipt of Government’s declaration

Date of receipt of Applicant’s declaration

Amount awarded for non-pecuniary damage

per household

(in euros) [1]

Amount awarded for costs and expenses per application

(in euros) [2]

67412/17

31/08/2017

(3 applicants)

Household

Saleh Aliabbas oglu MAMMADOV

30/12/1952

Khayal Saleh oglu MAMMADOV

26/08/1980

Zarifa Garib gizi MAMMADOVA

11/03/1957

Amiraliyev Anvar Mehdi oglu

Baku

13/01/2020

19/12/2019

3,600

200

[1] . Plus any tax that may be chargeable to the applicants.

[2] . Plus any tax that may be chargeable to the applicants.