FIFTH SECTION
DECISION
Application no. 41691/17
Durnisa Kamal gizi AHMADOVA
against Azerbaijan
The European Court of Human Rights (Fifth Section), sitting on 18 February 2021 as a Committee composed of:
Ganna Yudkivska, President,
Ivana Jelić,
Arnfinn Bårdsen, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 2 June 2017,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant’s details are set out in the appended table.
The applicant was represented by Mr A. Mustafayev and Mr R. Mustafazade, lawyers based in Azerbaijan.
The applicant’s complaint under Article 6 § 1 of the Convention concerning the alleged lack of fairness of the criminal proceedings against her was communicated to the Azerbaijani Government (“the Government”).
The Court received the friendly-settlement declaration, signed by the parties, under which the applicant agreed to waive any further claims against Azerbaijan in respect of the facts giving rise to this application, subject to an undertaking by the Government to pay her the amount detailed in the appended table. This amount 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 this amount within the above‑mentioned three-month period, the Government undertake to pay simple interest on it, 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 LAW
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 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 11 March 2021.
{signature_p_2}
Liv TigerstedtGanna Yudkivska
Acting Deputy RegistrarPresident
APPENDIX
Application raising complaints under Article 6 § 1of the Convention
Application no.
Date of introduction
Applicant’s name
Year of birth
Representatives’ names
Date of receipt of Government’s declaration
Date of receipt of Applicant’s declaration
Amount awarded for non-pecuniary damage
(in euros)[1]
Amount awarded for costs and expenses
(in euros)[2]
41691/17
02/06/2017
Durnisa Kamal gizi AHMADOVA
1958
Asabali Mustafayev
Ruslan Mustafazade
20/11/2020
05/12/2020
2,500
500
To be paid directly to the representative Mr A. Mustafayev’s bank account
[1] Plus any tax that may be chargeable to the applicant.
[2] Plus any tax that may be chargeable to the applicant.
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