THIRD SECTION
DECISION
Application no. 48155/18
Ismat ABDURAHMANOV and Others
against Azerbaijan
(see appended table)
The European Court of Human Rights (Third Section), sitting on 22 May 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 application lodged on 1 October 2018,
Having regard to the declaration submitted by the respondent Government requesting the Court to strike the application out of the list of cases, and the applicants’ reply to this declaration,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of the applicants is set out in the appended table. They were represented by Ms S. Aliyeva, a lawyer based in Azerbaijan.
The applicants’ complaints under Article 6 of the Convention and Article 1 of Protocol No. 1 to the Convention concerning mainly the allegedly unlawful demolition of their properties were communicated to the Azerbaijani Government (“the Government”).
The Government submitted a declaration with a view to resolving the issues raised by these complaints.
The Government acknowledged that there had been a violation of the applicants’ rights guaranteed in the Convention. They undertook to take all measures to reopen the domestic proceedings in order to guarantee the examination of the applicants’ case in accordance with the requirements of Article 1 of Protocol No. 1 to the Convention. They further offered to pay the applicants the amounts detailed in the appended table in respect of non‑pecuniary damage and costs and expenses and invited the Court to strike the application out of the list of cases. The amounts would 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 undertook 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 applicants informed the Court that they agreed to the terms of the declaration.
THE LAW
The Court finds that, following the applicants’ express agreement to the terms of the 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 the Protocols thereto and finds no reasons to justify the 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 12 June 2025.
Viktoriya Maradudina Oddný Mjöll Arnardóttir
Acting Deputy Registrar President
APPENDIX
Application raising complaints under Article 6 of the Convention and Article 1 of Protocol No. 1 to the Convention
(allegedly unlawful demolition of property)
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 acceptance
Amount awarded for non-pecuniary damage and costs and expenses
per applicant
(in euros)[1]
48155/18
01/10/2018
(3 applicants)
Ismat Rasim oglu ABDURAHMANOV
1965
Gulnaz Hasan gizi ALIZADE
1964
Asif Ibrahim oglu HASANOV
1961
Sevinj ALIYEVA
Baku
14/02/2025
18/03/2025
EUR 3,500
[1] Plus any tax that may be chargeable to the applicants.