FIFTH SECTION
DECISION
Applications nos. 13001/14 and 2864/15
Elvin ADIYEV against Azerbaijan
and Elchin NAMAZOV against Azerbaijan
(see appended table)
The European Court of Human Rights (Fifth Section), sitting on 7 October 2021 as a Committee composed of:
Lado Chanturia, President,
Lətif Hüseynov,
Arnfinn Bårdsen, 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 6 § 1 of the Convention concerning the alleged lack of fairness of criminal proceedings against them and the applicant’s complaint in application no. 13001/14 under Article 6 § 3 (c) concerning the alleged lack of effective legal assistance were communicated to the Azerbaijani Government (“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 28 October 2021.
{signature_p_2}
Viktoriya Maradudina Lado Chanturia
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 6 of the Convention
(lack of fairness of criminal 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 non ‑pecuniary damage
per applicant (in euros)[1]
Amount awarded for costs and expenses per application
(in euros)[2]
13001/14
28/01/2014
Elvin
Azatkhan oglu
ADIYEV
1987
Ruslan MUSTAFAZADE
Sumgayit
Asabali MUSTAFAYEV
Sumgayit
25/06/2021
15/06/2021
3,600
500
To be paid directly to the representative Mr Ruslan Mustafazade’s bank account.
2864/15
05/01/2015
Elchin
Yusif oglu NAMAZOV
1978
Khalid BAGIROV Baku
25/06/2021
11/06/2021
2,750
1,350
To be paid directly to the representative Mr Khalid Bagirov’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.