Ibrahimov and Others v. Azerbaijan

FIRST SECTION

Application no. 12677/21 Agasif IBRAHIMOV and Others against Azerbaijan

(see appended table)

The European Court of Human Rights (First Section), sitting on 21 March 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 application lodged on 11 February 2021,

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 were represented by Mr A. Mustafayev and Mr R. Mustafazade, lawyers based in Azerbaijan.

The applicants’ complaints under Article 11 of the Convention concerning the prohibition on holding peaceful assemblies or restrictions on the location, time or manner of conduct of public events were communicated to the Azerbaijani Government (“the Government”). The applicants’ other complaints based on the same facts were also communicated under Article 13 of the Convention.

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 this application, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts will be converted at 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 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 11 April 2024.

Viktoriya Maradudina Péter Paczolay Acting Deputy Registrar President

APPENDIX

Application raising complaints under Articles 11 and 13 of the Convention

(prohibition on holding peaceful assemblies or restrictions on the location, time or manner of conduct of public events and lack

of an effective domestic remedy)

Application no. Date of introduction

Applicant’s name

Year of birth

Date of receipt of Government’s declaration

Date of receipt of applicant’s declaration

Amount awarded for non-pecuniary damage

per applicant

(in euros) [1]

Amount awarded for costs and expenses per application

(in euros) [2]

12677/21

11/02/2021

(3 applicants)

Agasif Shakir oglu IBRAHIMOV

1988

Rashid Nazim oglu ALIYEV

1984

Aslan Fazil oglu HAMIDLI

1997

06/02/2024

14/02/2024

1,500

250

(to be paid directly to the representative

Mr Asabali Mustafayev’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.