FIRST SECTION
DECISION
Application no. 33139/19
Hasan HASANLI against Azerbaijan
and 6 other applications
(see appended table)
The European Court of Human Rights (First Section), sitting on 9 November 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 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 and their representatives is set out in the appended table.
The applicants’ complaints under Articles 11 and 6 of the Convention concerning the unlawful or disproportionate measures against organisers and participants of public assemblies and unfair trial in administrative offence proceedings were communicated to the Azerbaijani Government (“the Government”). In application no. 33139/19, complaints based on the same facts were also communicated under Article 5 of the Convention.
The Court received the friendly-settlement declarations, signed by the parties, 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 30 November 2023.
Viktoriya Maradudina Krzysztof Wojtyczek
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Articles 11 and 6 of the Convention
(unlawful or disproportionate measures against organisers and participants of public assemblies and unfair trial in
administrative-offence proceedings)
No.
Application no.
Date of introduction
Applicant’s name
Year 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]
33139/19
04/06/2019
Hasan
Movlan oglu
HASANLI
1999
Asabali
MUSTAFAYEV
Sumgayit
Ruslan
MUSTAFAZADE
Sumgayit
04/07/2023
14/09/2023
3,800
350
(to be paid directly to the representative Mr Asabali Mustafayev’s bank account)
41166/19
22/07/2019
Kamran
Agasadig oglu
AMIROV
1973
Asabali
MUSTAFAYEV
Sumgayit
Ruslan
MUSTAFAZADE
Sumgayit
04/07/2023
14/09/2023
2,500
350
(to be paid directly to the representative Mr Asabali Mustafayev’s bank account)
41167/19
24/07/2019
Intigam
Gabil oglu
FATULLAYEV
1992
Asabali
MUSTAFAYEV
Sumgayit
Ruslan
MUSTAFAZADE
Sumgayit
04/07/2023
14/09/2023
2,500
350
(to be paid directly to the representative Mr Asabali Mustafayev’s bank account)
43558/19
01/08/2019
Sahib
Jabrayil oglu
RUSTAMLI
1956
Asabali
MUSTAFAYEV
Sumgayit
Ruslan
MUSTAFAZADE
Sumgayit
04/07/2023
14/09/2023
2,500
350
(to be paid directly to the representative Mr Asabali Mustafayev’s bank account)
43677/19
01/08/2019
Tofig
Varga oglu
ZEYNALLI
1962
Asabali
MUSTAFAYEV
Sumgayit
Ruslan
MUSTAFAZADE
Sumgayit
04/07/2023
14/09/2023
2,500
350
(to be paid directly to the representative Mr Asabali Mustafayev’s bank account)
43879/19
01/08/2019
Balamirza
Mirzakhan oglu
FATIYEV
1960
Asabali
MUSTAFAYEV
Sumgayit
Ruslan
MUSTAFAZADE
Sumgayit
04/07/2023
14/09/2023
2,500
350
(to be paid directly to the representative Mr Asabali Mustafayev’s bank account)
57411/19
10/10/2019
Adil
Fariz oglu
BABAYEV
1998
Asabali
MUSTAFAYEV
Sumgayit
Ruslan
MUSTAFAZADE
Sumgayit
04/07/2023
14/09/2023
2,500
350
(to be paid directly to the representative Mr Asabali Mustafayev’s bank account)
[1] Plus any tax that may be chargeable to the applicants.
[2] Plus any tax that may be chargeable to the applicants.
Full & Egal Universal Law Academy