Maniyev and Others v. Azerbaijan

FIRST SECTION

Application no. 13291/19 Emil MANIYEV against Azerbaijan and 5 other applications

(see appended table)

The European Court of Human Rights (First Section), sitting on 28 September 2023 as a Committee composed of:

Krzysztof Wojtyczek , President , Lətif Hüseynov, Ivana Jelić , 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 of the Convention concerning the unfair trial in administrative offence proceedings were communicated to the Azerbaijani Government (“the Government”). In applications nos. 33173/19 and 39494/20, complaints based on the same facts were also communicated under Article 5 of the Convention, given the relevant well ‑ established case-law of the Court.

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 payment 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 19 October 2023.

Viktoriya Maradudina Krzysztof Wojtyczek Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Articles 6 and 5 of the Convention

No.

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]

13291/19

22/02/2019

Emil

Heybatgulu oglu

MANIYEV

1988

Samira

AGAYEVA

Hauzenberg

05/07/2023

28/03/2023

1,000

250

33173/19

11/05/2019

Bashir

Yashar oglu TARIVERDIYEV

1987

Samira

AGAYEVA

Hauzenberg

05/07/2023

28/03/2023

2,000

250

33356/19

12/06/2019

Emin

Khalid oglu

AKHUNDOV

1988

Elvin

ALAMOV

Baku

05/07/2023

18/04/2023

1,000

250

39494/20

05/08/2020

Javid

Ibrahim oglu

HAJIBAYLI

1985

Samira

AGAYEVA

Hauzenberg

05/07/2023

28/03/2023

2,000

250

40700/20

18/08/2020

Tarlan

Teyyub oglu

MURADOV

1985

Tural

AGAYEV

Baku

05/07/2023

23/03/2023

1,000

250

(to be paid directly to the representative Mr Tural Agayev’s bank account)

13140/21

01/03/2021

Rashad

Hashim oglu

ABBASOV

1981

05/07/2023

17/05/2023

1,000

-

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

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