FIFTH SECTION
DECISION
Applications nos. 32710/17 and 60717/17
Nizami ADIGOZALOV against Azerbaijan
and Tariel SHIRINLI against Azerbaijan
(see appended table)
The European Court of Human Rights (Fifth Section), sitting on 25 June 2020 as a Committee composed of:
Ganna Yudkivska, President,
Lado Chanturia,
Anja Seibert-Fohr, judges,
and Liv Tigerstedt, 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 is set out in the appended table.
The applicants were represented by Mr Ruslan Mustafazade, a lawyer practising in Sumqayit.
The applicants’ complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 concerning the delayed enforcement of domestic decisions were communicated to the Azerbaijani Government (“the Government”).
The Court received friendly-settlement declarations 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 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 16 July 2020.
Liv TigerstedtGanna Yudkivska
Acting Deputy RegistrarPresident
APPENDIX
List of applications raising complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1
(non-enforcement or delayed enforcement of domestic decisions)
No.
Application no.
Date of introduction
Applicant’s name
Date of birth
Representative’s name and location
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]
32710/17
24/04/2017
Nizami Ramazan oglu ADIGOZALOV
08/06/1950
Mustafazade Ruslan Asabali oglu
Sumgayit
22/01/2020
07/03/2020
800
200
60717/17
10/08/2017
Tariel Adishirin oglu SHIRINLI
01/07/1955
Mustafazade Ruslan Asabali oglu
Sumgayit
22/01/2020
07/03/2020
750
200
[1] Plus any tax that may be chargeable to the applicants.
[2] Plus any tax that may be chargeable to the applicants.
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