FIFTH SECTION
DECISION
Application no. 41599/12
Fuad Azizbala oglu AZIMOV against Azerbaijan
and 3 other applications
(see appended table)
The European Court of Human Rights (Fifth Section), sitting on 29 August 2019 as a Committee composed of:
Yonko Grozev, President,
Ganna Yudkivska,
André Potocki, 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 formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants’ complaints under Article 5 § 3 of the Convention concerning the excessive length of pre-trial detention were communicated to the Azerbaijani Government (“the Government”).
The Court received friendly-settlement declarations 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 19 September 2019.
Liv TigerstedtYonko Grozev
Acting Deputy RegistrarPresident
APPENDIX
List of applications raising complaints under Article 5 § 3 of the Convention
(excessive length of pre-trial detention)
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 non-pecuniary damage
per applicant
(in euros)[i]
Amount awarded for costs and expenses per application
(in euros)[ii]
41599/12
27/06/2012
Fuad Azizbala oglu Azimov
07/05/1977
Babayev Chingiz Hamlet oglu
Lankaran
17/07/2018
07/02/2019
6,000
500
28516/13
27/03/2013
Abdulla Khdayberdi oglu Yolbarsov
25/11/1991
Bagirov Khalid Zakir oglu
Baku
11/03/2019
04/02/2019
3,000
500
45022/13
02/07/2013
Shakir Agasaf oglu Mustafayev
13/11/1991
Bagirov Khalid Zakir oglu
Baku
11/03/2019
04/02/2019
3,300
500
7629/15
30/01/2015
Mutlu Mustafa Utku
30/01/1981
Bagirov Khalid Zakir oglu
Baku
11/03/2019
04/02/2019
3,000
500
[i]. Plus any tax that may be chargeable to the applicants.
[ii]. Plus any tax that may be chargeable to the applicants.
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