lagen.nu
no. 42143/20

Suleymanli and Others v. Azerbaijan

Struck out of the list

Domstol
European Court of Human Rights
Avgörandedatum
2024-02-15
ECLI
ECLI:CE:ECHR:2024:0215DEC004214320
Artiklar
6, 39
Källa
hudoc.echr.coe.int

Berörda konventionsartiklar

FIRST SECTION

Application no. 42143/20 Karim SULEYMANLI against Azerbaijan and 3 other applications

(see appended table)

The European Court of Human Rights (First Section), sitting on 15 February 2024 as a Committee composed of:

Péter Paczolay , President , Gilberto Felici, Raffaele Sabato , 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”).

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 14 March 2024.

Viktoriya Maradudina Péter Paczolay Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 6 of the Convention

(unfair trial in administrative offence proceedings)

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]

42143/20

05/09/2020

Karim

Etibar oglu

SULEYMANLI

1991

Javad

JAVADOV

Baku

15/01/2024

02/11/2023

900

350

(to be paid directly to the representative Mr Javad Javadov’s bank account)

42785/20

05/09/2020

Elvin

Ehtibar oglu SULEYMANOV

1988

Javad

JAVADOV

Baku

15/01/2024

02/11/2023

900

350

(to be paid directly to the representative Mr Javad Javadov’s bank account)

54092/20

23/11/2020

Javid

Imanverdi oglu MAMMADZADA

1988

Ruslan

MUSTAFAZADE

Sumgayit

Asabali

MUSTAFAYEV

Sumgayit

15/01/2024

16/01/2024

1,000

250

(to be paid directly to the representative Mr Asabali Mustafayev’s bank account)

32506/21

08/06/2021

Baba

Tahir oglu SULEYMANOV

1982

Zibeyda

SADIGOVA

Baku

15/01/2024

15/01/2024

1,000

250

(to be paid directly to the representative Mrs Zibeyda Sadigova’s bank account)

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

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