FIRST SECTION
DECISION
Application no. 31043/16
Agahuseyn Safar oglu GOZALOV
against Azerbaijan
(see appended table)
The European Court of Human Rights (First Section), sitting on 14 September 2023 as a Committee composed of:
Krzysztof Wojtyczek, President,
Lətif Hüseynov,
Ivana Jelić, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 24 May 2016,
Having regard to the Court’s decision of 7 October 2021 to strike the above application out of its list of cases,
Having regard to the Court’s decision of 24 February 2022 to restore the application to its list of cases,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant’s details are set out in the appended table.
The applicant’s complaint under Article 3 of Protocol No. 1 of the Convention concerning the alleged breach of his right to stand as a candidate in parliamentary elections was communicated to the Azerbaijani Government (“the Government”). A complaint based on the same facts was also communicated under Article 13 of the Convention.
On 7 October 2021 the Court decided to strike the application out of its list of cases following receipt of the Government’s unilateral declaration, in which they, inter alia, acknowledged that there had been a violation of the applicant’s rights.
On 21 October 2021 the applicant’s representative sent a letter informing the Court that the applicant had died on a date preceding the date of the Court’s above-mentioned decision, and that his son, Khanhuseyn Agahuseyn oglu Gozalov, being his heir, wished to pursue the application. The Government was informed of the applicant’s representative’s letter and its contents.
On 24 February 2022 the Court decided to restore the application to its list of cases.
For practical reasons, Mr Agahuseyn Safar oglu Gozalov, will continue to be called “the applicant” in this decision although his son is now to be regarded as such (see Dalban v. Romania [GC], no. 28114/95, § 1, ECHR 1999‑VI, and Çakar v. Turkey, no. 42741/98, § 2, 23 October 2003).
Subsequently, the Court received friendly-settlement declarations, signed by the parties, under which the applicant’s heir agreed to waive any further claims against Azerbaijan in respect of the facts giving rise to this application, subject to an undertaking by the Government to pay him 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 case.
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 the Protocols thereto 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.
Done in English and notified in writing on 5 October 2023.
Viktoriya Maradudina Krzysztof Wojtyczek
Acting Deputy Registrar President
APPENDIX
Application raising complaints under Article 3 of Protocol No. 1 of the Convention
(alleged breach of the right to stand as a candidate in parliamentary elections)
Application no.
Date of introduction
Applicant’s and his heir’s name and
years of birth
Principal representative’s name and location
Other complaints under well‑established case-law
Date of receipt of Government’s declaration
Date of receipt of Applicant’s declaration
Amount awarded for non-pecuniary damage
(in euros)[1]
Amount awarded for costs and expenses
(in euros)[2]
31043/16
24/05/2016
Agahuseyn Safar oglu GOZALOV
1964
(deceased in 2020)
Application pursued by his heir, Khanhuseyn Agahuseyn oglu GOZALOV
2001
Khalid Zakir oglu BAGIROV
Baku
Article 13 of the Convention – absence of an effective domestic remedy
12/12/2022
6/12/2022
3,000
500
[1] Plus any tax that may be chargeable.
[2] Plus any tax that may be chargeable.