Mastaliyev and Others v. Azerbaijan

THIRD SECTION

Application no. 53537/22 Subhan MASTALIYEV against Azerbaijan and 31 other applications

(see appended table)

The European Court of Human Rights (Third Section), sitting on 13 March 2025 as a Committee composed of:

Oddný Mjöll Arnardóttir , President , Úna Ní Raifeartaigh, Mateja Đurović , 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 5 § 3 of the Convention concerning the lack of justification for their pre-trial detention were communicated to the Azerbaijani Government (“the Government”). In applications nos. 57389/22, 20819/23 and 26392/23, the applicants’ complaints under Article 6 § 2 of the Convention concerning the alleged infringement of their right to the presumption of innocence was also communicated to 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 3 April 2025.

Viktoriya Maradudina Oddný Mjöll Arnardóttir Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 5 § 3 of the Convention

(lack of justification for pre-trial detention)

No.

Application no. Date of introduction

Applicant’s name

Year of birth

Representative’s name and location

Other complaints under well-established case-law

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]

53537/22

11/11/2022

Subhan Niftulla oglu MASTALIYEV

1977

Javad Javadov

Baku

24/10/2024

13/10/2024

3,000

500

(to be paid directly to the bank account of the applicant’s representative)

57389/22

06/12/2022

Surat Chingiz oglu ALIYEV

2002

Javad Javadov

Baku

Art. 6 (2) – infringement of the right to the presumption of innocence

24/10/2024

13/10/2024

3,900

500

(to be paid directly to the bank account of the applicant’s representative)

20819/23

22/05/2023

Elchin Kamil oglu ALIYEV

1977

Bakhtiyar Hajiyev

Baku

Art. 6 (2) – infringement of the right to the presumption of innocence

24/10/2024

13/10/2024

3,900

500

(to be paid directly to the bank account of the applicant’s representative)

26392/23

21/06/2023

Adam Nurhuseyin oglu HUSEYINOV

1995

Elchin Sadigov

Baku

Art. 6 (2) – infringement of the right to the presumption of innocence

02/10/2024

21/10/2024

3,900

500

(to be paid directly to the bank account of the applicant’s representative)

31344/23

22/07/2023

Shahin Samandar oglu VERDIYEV

1993

Elchin Sadigov

Baku

02/10/2024

21/10/2024

3,000

500

(to be paid directly to the bank account of the applicant’s representative)

31368/23

07/08/2023

Agshin Mammad oglu ABDULLAYEV

1985

Shahla Humbatova

Baku

24/10/2024

27/10/2024

6,000

500

31802/23

31/07/2023

Alim Vahid oglu YUSIFOV

1989

Elchin Sadigov

Baku

02/10/2024

21/10/2024

3,000

500

(to be paid directly to the bank account of the applicant’s representative)

32937/23

04/08/2023

Elkhan Matlab oglu ZAMAN

1968

Javad Javadov

Baku

24/10/2024

13/10/2024

3,000

500

(to be paid directly to the bank account of the applicant’s representative)

33088/23

10/08/2023

Ruhullah Masim oglu NOVRUZZADE

1991

Javad Javadov

Baku

24/10/2024

13/10/2024

3,000

500

(to be paid directly to the bank account of the applicant’s representative)

33126/23

19/08/2023

Jamal Mirzammad oglu RAHIMOV

1970

Javad Javadov

Baku

24/10/2024

13/10/2024

3,000

500

(to be paid directly to the bank account of the applicant’s representative)

34145/23

05/09/2023

Ilgar Ilham oglu EYVAZOV

1990

Bakhtiyar Hajiyev

Baku

24/10/2024

13/10/2024

3,000

500

(to be paid directly to the bank account of the applicant’s representative)

34156/23

05/09/2023

Nijat Tapdig oglu MURADOV

1984

Bakhtiyar Hajiyev

Baku

24/10/2024

13/10/2024

3,000

500

(to be paid directly to the bank account of the applicant’s representative)

35508/23

06/09/2023

Shamil Adil oglu ABDULALIYEV

1985

Zibeyda Sadigova

Baku

01/10/2024

23/10/2024

3,000

500

(to be paid directly to the bank account of the applicant’s representative)

36762/23

20/09/2023

Elkhan Eldar oglu HUSEYNOV

1990

Elchin Sadigov

Baku

02/10/2024

21/10/2024

3,000

500

(to be paid directly to the bank account of the applicant’s representative)

36905/23

13/09/2023

Nizami Elkhan oglu AHMADOV

1987

Elchin Sadigov

Baku

02/10/2024

21/10/2024

3,000

500

(to be paid directly to the bank account of the applicant’s representative)

36913/23

06/10/2023

Jeyhun Arif oglu BALASHOV

1977

Rasul Jafarov

Baku

24/10/2024

07/10/2024

3,000

500

37301/23

26/09/2023

Taryel Bakir oglu ABDULLAYEV

1985

Elchin Sadigov

Baku

02/10/2024

21/10/2024

3,000

500

(to be paid directly to the bank account of the applicant’s representative)

38367/23

27/09/2023

Natig Firudin oglu GASIMOV

1986

Zibeyda Sadigova

Baku

01/10/2024

23/10/2024

3,000

500

(to be paid directly to the bank account of the applicant’s representative)

40355/23

08/11/2023

Eljan Abilfaz oglu ABAZOV

1988

Bakhtiyar Hajiyev

Baku

24/10/2024

13/10/2024

3,000

500

(to be paid directly to the bank account of the applicant’s representative)

40422/23

24/10/2023

Farid Shamil oglu GURBANOV

1994

Elchin Sadigov

Baku

02/10/2024

21/10/2024

3,000

500

(to be paid directly to the bank account of the applicant’s representative)

40617/23

08/11/2023

Rustam Vahid oglu ALAKBAROV

1993

Bakhtiyar Hajiyev

Baku

24/10/2024

13/10/2024

3,000

500

(to be paid directly to the bank account of the applicant’s representative)

41551/23

02/11/2023

Kanan Seyfaddin oglu GOJAYEV

1988

Zibeyda Sadigova

Baku

01/10/2024

23/10/2024

3,000

500

(to be paid directly to the bank account of the applicant’s representative)

41665/23

07/11/2023

Etibar Rasim oglu ISMAYILOV

1963

Zibeyda Sadigova

Baku

01/10/2024

23/10/2024

3,000

500

(to be paid directly to the bank account of the applicant’s representative)

41719/23

02/11/2023

Telman Huseyn oglu RASHIDOV

1969

Bakhtiyar Hajiyev

Baku

24/10/2024

13/10/2024

3,000

500

(to be paid directly to the bank account of the applicant’s representative)

5065/24

19/01/2024

Tural Famil oglu VALIYEV

1981

Zibeyda Sadigova

Baku

01/10/2024

23/10/2024

3,000

500

(to be paid directly to the bank account of the applicant’s representative)

5089/24

23/01/2024

Murad Afsaraga oglu ABDULLAYEV

1980

Elchin Sadigov

Baku

02/10/2024

21/10/2024

3,000

500

(to be paid directly to the bank account of the applicant’s representative)

5286/24

31/01/2024

Rovshan Seyfali oglu ALIYEV

1979

Elchin Sadigov

Baku

02/10/2024

21/10/2024

3,000

500

(to be paid directly to the bank account of the applicant’s representative)

5291/24

30/01/2024

Azad Tofig oglu KARIMOV

1987

Elchin Sadigov

Baku

02/10/2024

21/10/2024

3,000

500

(to be paid directly to the bank account of the applicant’s representative)

5366/24

25/01/2024

Vugar Jalal oglu MAMMADOV

1972

Azer Rasulov

Baku

24/10/2024

05/10/2024

3,000

500

5664/24

02/02/2024

Kamil Akif oglu MAHMUDOV

1972

Elchin Sadigov

Baku

02/10/2024

21/10/2024

3,000

500

(to be paid directly to the bank account of the applicant’s representative)

12394/24

01/04/2024

Ilkin Elchin oglu SULEYMANOV

1992

Elchin Sadigov

Baku

02/10/2024

21/10/2024

3,000

500

(to be paid directly to the bank account of the applicant’s representative)

12941/24

08/04/2024

Namig Faig oglu ASGAROV

1989

Elchin Sadigov

Baku

02/10/2024

21/10/2024

3,000

500

(to be paid directly to the bank account of the applicant’s representative)

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

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