FIRST SECTION
DECISION
Application no. 23392/20
Briliant ALIYEVA against Azerbaijan
and 4 other applications
(see appended table)
The European Court of Human Rights (First Section), sitting on 5 September 2024 as a Committee composed of:
Krzysztof Wojtyczek, President,
Lətif Hüseynov,
Erik Wennerström, 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 prohibition on holding peaceful assemblies or restrictions on the location, time or manner of conduct of public events were communicated to the Azerbaijani Government (“the Government”). The applicants’ complaints based on the same facts were also communicated under Article 13 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 26 September 2024.
Viktoriya Maradudina Krzysztof Wojtyczek
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Articles 11 and 13 of the Convention
(prohibition on holding peaceful assemblies or restrictions on the location, time or manner of conduct of public events
and lack of an effective domestic remedy)
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]
23392/20
19/05/2020
Briliant
Murtuza gizi ALIYEVA
1950
Javad
JAVADOV
Baku
21/06/2024
20/04/2024
1,500
250
(to be paid directly to the
representative Mr Javad Javadov’s bank account)
23410/20
19/05/2020
Saadat
Rovshan gizi GADIROVA
1959
Javad
JAVADOV
Baku
21/06/2024
20/04/2024
1,500
250
(to be paid directly to the
representative Mr Javad Javadov’s bank account)
23412/20
19/05/2020
Dunya
Murtuz gizi
ALIYEVA
1951
Javad
JAVADOV
Baku
21/06/2024
20/04/2024
1,500
250
(to be paid directly to the
representative Mr Javad Javadov’s bank account)
23416/20
19/05/2020
Sakinakhanim
Murtuz gizi GULIYEVA
1948
Javad
JAVADOV
Baku
21/06/2024
20/04/2024
1,500
250
(to be paid directly to the
representative Mr Javad Javadov’s bank account)
23424/20
19/05/2020
Natig
Rauf oglu ALASGAROV
1983
Javad
JAVADOV
Baku
21/06/2024
20/04/2024
1,500
250
(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.