FIRST SECTION
DECISION
Applications nos. 37892/08 and 11186/10
by Yashar JAFARLI
against Azerbaijan
The European Court of Human Rights (First Section), sitting on 31 May 2011 as a Committee composed of:
Peer Lorenzen, President,
Elisabeth Steiner,
Khanlar Hajiyev, judges,
and André Wampach, Deputy Section Registrar,
Having regard to the above applications lodged on 16 July 2008 and 2 February 2010,
Having deliberated, decides as follows:
THE FACTS
The applicant, Mr Yashar Jafarli, is an Azerbaijani national who was born in 1964 and lives in Baku. He is represented before the Court by Mr I. Aliyev, a lawyer practising in Azerbaijan. The Azerbaijani Government (“the Government”) are represented by their Agent, Mr Ç. Asgarov.
The facts of the case, as submitted by the parties, may be summarised as follows.
The applicant was a lieutenant-colonel in the Azerbaijani Army and was involved in two disputes with the Ministry of Defence (“the Ministry”).
A. Application no 37892/08 lodged on 16 July 2008
From December 2001 to August 2002 the applicant served at the frontline and owing to this, according to him, was entitled to a salary amounting to three times his regular salary. However, the applicant’s salary was calculated in the amount of two times his regular salary. The applicant challenged the calculation and requested the Ministry of Defence to pay him the difference, but to no avail.
On 1 March 2006 the applicant lodged a court action and asked the court to order the Ministry to pay his salary calculated as three times his regular salary.
On 23 May 2006 the Sabayil District Court upheld the applicant’s request and ordered the Ministry to pay the applicant the correct amount of salary.
The Ministry appealed before the Court of Appeal and subsequently, before the Supreme Court. The Court of Appeal dismissed the Ministry’s appeal on 22 August 2006 and the Supreme Court on 13 March 2007.
B. Application no 11186/10 lodged on 02 February 2010
In 2007 the applicant lodged another court action asking the court to order the Ministry to pay him his unpaid salaries for his unused annual leaves from 1995 to 2002 and compensation for having been unable to use his right to a rest on non-working days. The applicant explained that he had been unable to use his annual leaves and had worked on non-working days owing to the active military service at the frontline and that the Ministry refused to pay him the amounts due.
On 6 June 2007 the Sabayil District Court partly upheld the applicant’s request and ordered the Ministry to calculate and pay the applicant’s salary for his unused annual leaves from 1995 to 2001.
The Ministry did not appeal and the judgment entered into force within one month after its delivery.
COMPLAINTS
The applicant complained that the non-enforcement of the judgments of 23 May 2006 and of 6 June 2007 breached his right to a fair trial and his property rights, as guaranteed by Article 6 of the Convention and Article 1 of Protocol No. 1 to the Convention.
THE LAW
On 8 December 2010 the applicant informed the Court that the he wanted to withdraw the applications as the issues complained of had been resolved.
The Court considers that, in these circumstances, the applicant may be regarded as no longer wishing to pursue his application, within the meaning of 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 its Protocols which require the continued examination of the case.
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 applications out of its list of cases.
André WampachPeer Lorenzen
Deputy RegistrarPresident
Full & Egal Universal Law Academy