Gojayeva and Others v. Azerbaijan
Struck out of the list
Berörda konventionsartiklar
FIFTH SECTION
Application no. 39492/16 Irada GOJAYEVA against Azerbaijan and 6 other applications
(see appended table)
The European Court of Human Rights (Fifth Section), sitting on 19 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 applications lodged on the various dates indicated in the appended table,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants and their representatives is set out in the appended table.
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 friendly-settlement declarations under which the applicants agreed to waive any further claims against Azerbaijan in respect of the facts giving rise to these applications, 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 cases concerned 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 cases.
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
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 applications.
In view of the above, it is appropriate to strike the cases out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention.
Done in English and notified in writing on 9 April 2020.
Liv Tigerstedt Gabriele Kucsko-Stadlmayer Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1
(non-enforcement or delayed enforcement of domestic decisions)
No.
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 applicant
(in euros) [1]
Amount awarded for costs and expenses per application
(in euros) [2]
39492/16
01/07/2016
Irada Alam Ali gizi GOJAYEVA
16/02/1958
Layij Agil Tajir oglu
Baku
13/01/2020
14/02/2020
3,600
200
61456/16
14/10/2016
Adil Mukhtar oglu ZAMANOV
20/06/1967
Maharramova Ulviyya
Baku
24/01/2020
23/01/2020
3,600
200
38035/17
19/05/2017
Mahammad Charkaz oglu MAJIDLI
07/09/1973
Nagiyev Azer Logman oglu
Baku
24/01/2020
23/01/2020
900
200
81093/17
21/11/2017
Shahin Aliseyran oglu ATAKISHIYEV
04/02/1953
Səlimova Arzu Ali Islam gizi
Baku
24/01/2020
24/01/2020
3,600
200
1461/18
08/12/2017
Majid Ahmad oglu MUSAYEV
21/06/1957
Səlimova Arzu Ali Islam gizi
Baku
24/01/2020
24/01/2020
3,600
200
23218/18
07/05/2018
Zanura Muzaffar gizi ADIGOZALOVA
01/01/1953
23/01/2020
18/12/2019
1,200
-
29631/18
08/06/2018
Leyla Islam gizi MAMMADOVA
24/08/1961
24/01/2020
02/01/2020
900
-
[1] Plus any tax that may be chargeable to the applicants.
[2] Plus any tax that may be chargeable to the applicants.