FIFTH SECTION
DECISION
Applications nos. 72002/17 and 53173/18
Tural ASADOV against Azerbaijan
and Rasim NASIROV against Azerbaijan
(see appended table)
The European Court of Human Rights (Fifth Section), sitting on 3 September 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 declarations submitted by the respondent Government and the applicants’ replies to those declarations,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants were represented by Z. Sadigova, a lawyer based in Azerbaijan.
The applicants complained under Article 2 of Protocol No. 4 to the Convention and Article 13 of the Convention that their right to leave the country had been violated by travel bans imposed on them by the domestic authorities. They also raised complaints under Articles 10 and 18 of the Convention and the applicant in application no. 53173/18 made a further complaint under Article 8 of the Convention.
On 16 March 2020 the Court received the declarations from the Government regarding a friendly settlement of these cases. The declarations, which had an identical content, except the names of the applicants, provided as follows:
“I hereby declare that the Government of Azerbaijan offer to pay ex gratia with a view to securing a friendly settlement of the above application pending before the Court, 5,000 euros to [name of the applicant] to cover any pecuniary and non-pecuniary damage and 1,000 euros to cover any costs and expenses, plus any tax that may be chargeable to the applicant on this amount.
These sums 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 decision taken by the Court to strike the case out of its list of cases. In the event of failure to pay these sums within the said three-month period, the Government undertake to pay simple interest on them, from 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 acceptance of the above terms by the applicant will constitute the final solution of the case.”
The applicants informed the Court that they agreed to the terms of the Government’s declarations.
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 24 September 2020.
Liv TigerstedtGanna Yudkivska
Acting Deputy RegistrarPresident
APPENDIX
Applications raising complaints under Article 2 of Protocol No. 4 to the Convention and Article 13 of the Convention
(imposition of travel bans)
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 pecuniary and non-pecuniary damage per applicant
(in euros)[1]
Amount awarded for costs and expenses per application
(in euros)[2]
72002/17
27/09/2017
Tural Rasim oglu ASADOV
22/01/1993
Zibeyda Sadigova,
Baku
16/03/2020
28/06/2020
5,000
1,000
53173/18
26/10/2018
Rasim Garakishi oglu NASIROV
18/02/1960
Zibeyda Sadigova,
Baku
16/03/2020
04/07/2020
5,000
1,000
[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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