Aliyev v. Azerbaijan

FIFTH SECTION

Application no. 59000/19 Elshan Zulfigar oglu ALIYEV

against Azerbaijan

(see appended table)

The European Court of Human Rights (Fifth Section), sitting on 3 June 2021 as a Committee composed of:

Stéphanie Mourou-Vikström, President, Jovan Ilievski, Mattias Guyomar, judges, and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 2 November 2019,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant’s details are set out in the appended table.

The applicant was represented by Ms G. Hasanova and Ms U. Maharramova, lawyers practising in Azerbaijan.

The applicant’s complaints under Article 2 of Protocol No. 4 to the Convention and Article 13 of the Convention concerning the imposition of a travel ban on him by the domestic authorities were communicated to the Azerbaijani Government (“the Government”).

On 12 November 2020 the Court received a declaration from the Government with a view to securing a friendly settlement with the applicant. The declaration provided as follows:

“I hereby declare that the Government of Azerbaijan offer to pay ex gratia with a view to securing a friendly settlement of the above application pending before the Court, 5,000 euros to Elshan Zulfigar oglu Aliyev to cover any pecuniary and non ‑ pecuniary damage and 1,000 euros to cover any costs and expenses, plus any tax that may be chargeable to the applicant on this amount.

These sums 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 decision taken by the Court to strike the case out of its list of cases. In the event of failure to pay these sums within the said three-month period, the Government undertake to pay simple interest on them, from 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 acceptance of the above terms by the applicant will constitute the final solution of the case.”

By a letter of 26 April 2021, the applicant informed the Court that he agreed to the terms of the Government’s declaration.

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 June 2021.

{signature_p_2}

Viktoriya Maradudina Stéphanie Mourou-Vikström Acting Deputy Registrar President

APPENDIX

Application raising complaints under Article 2 of Protocol No. 4 of the Convention and Article 13 of the Convention

(imposition of a travel ban and lack of any effective remedy in domestic law)

Application no. Date of introduction

Applicant’s name

Year of birth

Representative’s name and location

Date of receipt of Government’s declaration

Date of receipt of Applicant’s declaration

Amount awarded for pecuniary and non ‑ pecuniary damage per applicant

(in euros) [1]

Amount awarded for costs and expenses per application

(in euros) [2]

59000/19

02/11/2019

Elshan Zulfigar oglu ALIYEV

1973

Gulusum Hasanova

Ulviyya Maharramova

Baku

12/11/2020

26/04/2021

5,000

1,000

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

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