FIRST SECTION
DECISION
Application no. 18849/10
Ilhama ABBASOVA
against Azerbaijan
The European Court of Human Rights (First Section), sitting on 8 September 2015 as a Committee composed of:
Julia Laffranque, President,
Khanlar Hajiyev,
Dmitry Dedov, judges,
and André Wampach, Deputy Section Registrar,
Having regard to the above application lodged on 18 March 2010,
Having regard to the declaration submitted by the respondent Government on 23 April 2015 requesting the Court to strike the application out of the list of cases and the applicant’s reply to that declaration,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Ms Ilhama Abbasova, is an Azerbaijani national, who was born in 1980 and lives in Baku. She was represented before the Court by Mr A. Amiraliyev, a lawyer practising in Azerbaijan.
The Azerbaijani Government (“the Government”) were represented by their Agent, Mr Ç. Asgarov.
The applicant complained under Article 6 of the Convention about the non-enforcement of domestic judgment in her favour and under Article 1 of Protocol No. 1 to the Convention about the violation of her right to peaceful enjoyment of her possessions as a result of non-enforcement of the judgment.
The application was communicated to the Government.
After unsuccessful friendly-settlement negotiations, by letter dated 23 April 2015 the Government informed the Court that they proposed to make a unilateral declaration with a view to resolving the issues raised by the application.
They acknowledged a violation of the applicant’s rights guaranteed by Article 6 of the Convention and Article 1 of Protocol No. 1. They undertook to pay the applicant 7,500 euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which will be converted into Azerbaijani manats at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. It will be payable within three months from the date of notification of the decision taken by the Court. In the event of failure to pay this sum within the said three-month period, the Government undertook to pay simple interest on it, 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. They further requested the Court to strike out the application.
On 17 June 2015, the Court received a letter from the applicant informing the Court that she had agreed to the terms of the Government’s declaration.
THE LAW
The Court finds that following the applicant’s express agreement to the terms of the unilateral declaration made by the Government the case should be treated as a friendly settlement between the parties.
It therefore 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 its Protocols 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 pursuant to Article 39 of the Convention.
Done in English and notified in writing on 1 October 2015.
André WampachJulia Laffranque
Deputy RegistrarPresident
Full & Egal Universal Law Academy