Muradov and Others v. Azerbaijan

FIFTH SECTION

Application no. 13371/16 Ogtay Sabir oglu MURADOV and Sabina Sabir gizi ALIZADA

against Azerbaijan and 7 other applications

(see appended table)

The European Court of Human Rights (Fifth Section), sitting on 25 March 2021 as a Committee composed of:

Ganna Yudkivska, President, Ivana Jelić, Arnfinn Bårdsen, judges, and Viktoriya Maradudina, 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 to the Convention concerning the non ‑ enforcement or delayed enforcement of domestic decisions were communicated to the Azerbaijani Government (“the Government”). In application no. 13371/16 complaints based on the same facts were also communicated under Article 13 of the Convention (see the appended table below).

The Court received the friendly-settlement declarations, signed by the parties, 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 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 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 15 April 2021.

{signature_p_2}

Viktoriya Maradudina Ganna Yudkivska Acting Deputy Registrar President

APPENDIX

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

(non-enforcement or delayed enforcement of domestic decisions)

No.

Application no. Date of introduction

Applicant’s name

Year of birth (where relevant)

Representative ‘s name and location

Other complaints under

well-established case-law

Relevant domestic

Date of receipt of Government’s declaration

Date of receipt of Applicant’s declaration

Amount awarded for non ‑ pecuniary damage

per applicant/ household

(in euros) [1]

Amount awarded for costs and expenses per application

(in euros) [2]

13371/16

25/02/2016

Household

Ogtay Sabir oglu MURADOV

1974

Sabina Sabir gizi

ALIZADA

1977

Art. 13 - lack of any effective remedy in domestic law in respect of non-enforcement of domestic decision

Nizami District Court,

04/09/2012

12/01/2021

09/12/2020

3,600

248/17

19/12/2016

Saida Huseyn gizi GASIMOVA

1969

Ruslan Asabali oglu MUSTAFAZADE

Sumgayit

Baku Administrative

Court,

10/06/2014

12/01/2021

11/11/2020

3,600

250

3351/17

29/12/2016

Bafadar Malik oglu

NABIYEV

1957

Gulsahab Nasib gizi ALLAHVERDIYEVA

Baku

Yasamal District

Court,

30/04/2013

12/01/2021

11/01/2021

3,600

250

55746/17

20/07/2017

ASTARA SMALL

ENTERPRISE

Ruslan Asabali oglu

MUSTAFAZADE

Sumgayit

The Supreme Court,

06/09/2016

The Sumgayit Court of

Appeal,

23/11/2016

12/01/2021

11/11/2020

2,100

250

72973/17

02/10/2017

Household

Sara Bahram gizi FARAJZADE

1958

Farid Mazahir oglu FARAJZADE

1987

Sadig Tofig oglu BAGIROV

Khirdalan

Sabail District Court,

25/04/2006

12/01/2021

09/10//2020

3,600

250

1124/18

22/12/2017

Khalida Shafagat gizi BUNYATOVA

1962

Binagadi District

Court,

21/06/2014

12/01/2021

05/11/2020

3,600

1130/18

22/12/2017

Sayyara Jalal gizi MIRZAYEVA

1960

Binagadi District

Court,

17/03/2014

12/01/2021

04/11/2020

3,600

48318/18

04/10/2018

Rauf Majid oglu

BAYRAMOV

1939

Baku Court of Appeal,

17/03/2014

12/01/2021

11/12/2020

2400

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

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