FIRST SECTION
DECISION
Application no. 28177/19
Usuf ABULOV against Azerbaijan
and 8 other applications
(see appended table)
The European Court of Human Rights (First Section), sitting on 23 March 2023 as a Committee composed of:
Alena Poláčková, 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 11 of the Convention concerning the unlawful or disproportionate measures against organisers and participants of public assemblies were communicated to the Azerbaijani Government (“the Government”). The applicants’ other complaints based on the same facts were also communicated under Article 6 of the Convention, given the relevant well-established case-law of the Court. In applications nos. 28177/19 and 28249/19, complaints based on the same facts were also communicated under Article 5 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 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 13 April 2023.
Viktoriya Maradudina Alena Poláčková
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Articles 11 and 6 of the Convention
(unlawful or disproportionate measures against organisers and participants of public assemblies and 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]
28177/19
05/05/2019
Usuf
Yusif oglu
ABULOV
1958
Javad
JAVADOV
Baku
09/02/2023
05/02/2023
3,150
1,000
(to be paid directly to the representative Mr Javad Javadov’s bank account)
28249/19
15/05/2019
Rovshan
Gubad oglu AHMADLI
1958
Javad
JAVADOV
Baku
09/02/2023
05/02/2023
3,150
1,000
(to be paid directly to the representative Mr Javad Javadov’s bank account)
33196/19
08/06/2019
Hasanali
Agamali oglu BAKHSHALIYEV
1990
Javad
JAVADOV
Baku
09/02/2023
06/02/2023
2,300
550
(to be paid directly to the representative Mr Javad Javadov’s bank account)
33206/19
08/06/2019
Israfil
Ganjali oglu ALAKBARZADE
1997
Javad
JAVADOV
Baku
09/02/2023
06/02/2023
2,300
550
(to be paid directly to the representative Mr Javad Javadov’s bank account)
36266/19
30/05/2019
Ayaz
Habib oglu MAHARRAMOV
1982
Javad
JAVADOV
Baku
09/02/2023
06/02/2023
2,300
550
(to be paid directly to the representative Mr Javad Javadov’s bank account)
42510/19
23/07/2019
Ilgar
Sardar oglu GULIYEV
1989
Javad
JAVADOV
Baku
09/02/2023
06/02/2023
2,300
550
(to be paid directly to the representative Mr Javad Javadov’s bank account)
42511/19
23/07/2019
Ruslan
Tahmaz oglu AMIROV
1982
Javad
JAVADOV
Baku
09/02/2023
05/02/2023
2,300
550
(to be paid directly to the representative Mr Javad Javadov’s bank account)
42907/19
23/07/2019
Bakhtiyar
Badal oglu
IMANOV
1979
Javad
JAVADOV
Baku
09/02/2023
05/02/2023
2,300
550
(to be paid directly to the representative Mr Javad Javadov’s bank account)
56721/19
23/10/2019
Rafael
Fuzuli oglu HUSEYNZADE
1998
Javad
JAVADOV
Baku
09/02/2023
05/02/2023
2,300
550
(to be paid directly to the representative Mr Javad Javadov’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.