7
FIFTH SECTION
DECISION
Application no. 49566/11
Ekaterina Ali-Hasan gizi ELDERKHANOVA and Others
against Azerbaijan
The European Court of Human Rights (Fifth Section), sitting on 17 January 2019 as a Committee composed of:
Síofra O’Leary, President,
Mārtiņš Mits,
Lado Chanturia, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 28 July 2011,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of the applicants is set out in the appendix.
They were represented before the Court by Mr Jabbar Hasanov, a lawyer practising in Azerbaijan.
The applicants’ complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 to the Convention concerning the alleged breaches of the right to a fair hearing and peaceful enjoyment of possessions were communicated to the Azerbaijani Government (“the Government”).
By letter dated 5 October 2018, sent by registered post, the applicants were notified that the period allowed for submission of observations had expired on 8 June 2018 and that no extension of time had been requested. The applicants’ attention was drawn to Article 37 § 1 (a) of the Convention, which provides that the Court may strike an application out of its list of cases where the circumstances lead to the conclusion that the applicant does not intend to pursue the application. According to a notification from the postal services, their attempts to deliver the letter had been unsuccessful.
The representative had last corresponded with the Court on 28 July 2011 and, since then, has not informed the Court about any change to his postal address.
THE LAW
In the light of the foregoing, the Court concludes that the applicants may be regarded as no longer wishing to pursue the application (Article 37 § 1 (a) of the Convention). Furthermore, in accordance with Article 37 § 1 in fine, the Court finds no special circumstances regarding respect for human rights as defined in the Convention and the Protocols thereto which require the continued examination of the application.
Accordingly, the case should be struck out of the list.
For these reasons, the Court, unanimously,
Decides to strike the application out of its list of cases.
Done in English and notified in writing on 7 February 2019.
Liv TigerstedtSíofra O’Leary
Acting Deputy RegistrarPresident
APPENDIX
No.
Firstname LASTNAME
Birth year
Nationality
Place of residence
Representative
Ekaterina Ali-Hasan gizi ELDERKHANOVA
1988
Azerbaijani
Baku
J.A. Həsənov
Alihasan ELDARKHANOV
1960
Azerbaijani
Baku
J.A. Həsənov
Gasim Hajiaga oglu GULIYEV
1958
Azerbaijani
Baku
J.A. Həsənov
Roman Nizamovich MAMMADOV
1975
Azerbaijani
Baku
J.A. Həsənov
Sattar Gazanfar oglu MANAFOV
1951
Azerbaijani
Baku
J.A. Həsənov
Alik RZAYEV
1947
Azerbaijani
Baku
J.A. Həsənov
Full & Egal Universal Law Academy