FIFTH SECTION
DECISION
Applications nos. 20187/19 and 59016/19
Ramiz JAFAROV against Azerbaijan
and Abbas SAFAROV against Azerbaijan
(see appended table)
The European Court of Human Rights (Fifth Section), sitting on 29 September 2020 as a Committee composed of:
Ganna Yudkivska, President,
Lado Chanturia,
Anja Seibert-Fohr, judges,
and Liv Tigerstedt, 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 is set out in the appended table.
The applicant in application no. 20187/19 was represented by Mr A. Layij, a lawyer based in Azerbaijan.
The applicants’ complaints under Article 6 § 1 of the Convention concerning the non-enforcement of the domestic courts’ judgments ordering the lifting of the travel bans imposed on them and under Article 2 of Protocol No. 4 to the Convention concerning the restriction on their freedom to leave the country were communicated to the Azerbaijani Government (“the Government”).
The Court received the friendly-settlement declarations 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 ensure the execution of the domestic courts’ judgments ordering the lifting of the travel bans imposed on the applicants and 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 execution of the domestic courts’ judgments and 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 22 October 2020.
Liv TigerstedtGanna Yudkivska
Acting Deputy RegistrarPresident
APPENDIX
List of applications raising complaints under Article 6 § 1 of the Convention
(Non-enforcement of the domestic courts’ judgments)
No.
Application no.
and its date of introduction
Applicant’s name and
Year of birth
Date of receipt of Government’s declaration
Date of receipt of Applicant’s declaration
Amount awarded for pecuniary and non‑pecuniary damage and costs and expenses
per applicant
(in euros)[1]
20187/19
30/03/2019
Ramiz Ismayil oglu JAFAROV
1954
24/06/2020
11/06/2020
5,000
59016/19
02/11/2019
Abbas Tofig oglu SAFAROV
1972
24/06/2020
03/09/2020
5,000
[1] Plus any tax that may be chargeable to the applicants.
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