FIFTH SECTION
DECISION
Application no. 35894/15
Sevil ALLAHVERDIYEVA
against Azerbaijan
The European Court of Human Rights (Fifth Section), sitting on 19 October 2017 as a Committee composed of:
Nona Tsotsoria, President,
Gabriele Kucsko-Stadlmayer,
Lәtif Hüseynov, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 6 July 2015,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Ms Sevil Allahverdiyeva, is an Azerbaijani national, who was born in 1970 and lives in Baku.
The applicant’s complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 to the Convention concerning the non‑enforcement of domestic decisions were communicated to the Azerbaijani Government (“the Government”).
On 21 and 27 October 2016 the Court received friendly-settlement declarations 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 3,600 (three thousand six hundred) euros to cover non-pecuniary damage, plus any tax that may be chargeable to her. This amount will be converted into Azerbaijani manats at the rate applicable on the date of payment, and 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 will 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 Government undertook to ensure the enforcement of the domestic decisions under consideration in the case within the same three-month period, and to pay any costs of the domestic enforcement proceedings.
The payment and enforcement of the decisions in the case 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 9 November 2017.
Liv TigerstedtNona Tsotsoria
Acting Deputy RegistrarPresident
Full & Egal Universal Law Academy