FIRST SECTION
DECISION
Application no. 36702/11
Elchin BEHBUDOV
against Azerbaijan
The European Court of Human Rights (First Section), sitting on 9 December 2014 as a Committee composed of:
Julia Laffranque, President,
Khanlar Hajiyev,
Dmitry Dedov, judges,
and André Wampach, Deputy Section Registrar,
Having regard to the above application lodged on 28 February 2011,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Elchin Tofig oglu Behbudov, is an Azerbaijani national, who was born in 1960 and lives in Baku. He was represented before the Court by Ms V. Rovshanova and Ms S. Aliyeva, lawyers practising in Azerbaijan.
The Azerbaijani Government (“the Government”) were represented by their Agent, Mr Ç. Asgarov.
The applicant complained under Article 3 of Protocol No. 1 to the Convention and Article 13 of the Convention about the alleged violation of his right to stand for election in the parliamentary elections of 2010.
On 24 May 2014 the Government submitted a friendly-settlement proposal which read as follows:
“... [T]he Government express their readiness to reach a friendly settlement with the applicant in the above case. Having regard to the case-law of the Court on the election cases in Azerbaijan ..., inter alia, the case of Namat Aliyev v. Azerbaijan (no. 18705/06, 8 April 2010) and Atakishi v. Azerbaijan (no. 18469/06, 28 February 2012), the Government propose the applicant EUR 7,500 (seven thousand five hundred euros) as a compensation for non-pecuniary damage he might have suffered and EUR 1,600 (one thousand six hundred euros) for the costs and expenses.”
By a letter of 12 August 2014 the applicant’s representative submitted the following declaration:
“In their letter of 24 May 2014, the Government expressed their readiness to reach a friendly settlement in the above case and proposed the applicant EUR 7,500 (seven thousand five hundred euros) as a compensation for non-pecuniary damage and EUR 1,600 (one thousand six hundred euros) for the costs and expenses.
The applicant submits that he accepts the friendly settlement of the case on the above-mentioned terms proposed by the Government.”
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 its Protocols 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.
André WampachJulia Laffranque
Deputy RegistrarPresident
Full & Egal Universal Law Academy