Badalov and Aliyev v. Azerbaijan

FIFTH SECTION

Application no. 35812/11 Elmin Mehman oglu BADALOV and Anar Nurush oglu ALIYEV against Azerbaijan

(see appended table)

The European Court of Human Rights (Fifth Section), sitting on 3 September 2020 as a Committee composed of:

Ganna Yudkivska, President, Lado Chanturia, Anja Seibert-Fohr, judges,

and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above application lodged on 7 May 2011,

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, both journalists, were represented by Mr R. Hajili, a lawyer based in Strasbourg.

The applicants’ complaint under Article 3 of the Convention concerning the alleged ineffectiveness of the criminal investigation into their alleged ill ‑ treatment by private persons was communicated to the Azerbaijani Government (“the Government”). Complaints based on the same facts were also communicated under Articles 10 and 13 of the Convention.

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 this application, subject to an undertaking by the Government to pay them the amount detailed in the appended table. This amount will be converted into the currency of the respondent State at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay this amount within the above-mentioned three-month period, the Government undertake to pay simple interest on it, 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 payment 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 24 September 2020.

Liv Tigerstedt Ganna Yudkivska Acting Deputy Registrar President

APPENDIX

Application raising complaints under Articles 3, 10 and 13 of the Convention

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 any pecuniary and non-pecuniary damage and costs and expenses

per application

(in euros) [1]

35812/11

07/05/2011

Elmin Mehman oglu BADALOV

1989

Anar Nurush oglu ALIYEV

1989

Rashid HAJILI

24/06/2020

24/05/2020

8,000

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