THIRD SECTION
DECISION
Applications nos. 73530/11 and 73533/11
Alikram JAHANGIROV and Others against Azerbaijan
and Tofig ABDULLAYEV and Others against Azerbaijan
(see appended table)
The European Court of Human Rights (Third Section), sitting on 5 December 2024 as a Committee composed of:
Oddný Mjöll Arnardóttir, President,
Úna Ní Raifeartaigh,
Mateja Đurović, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above applications lodged on 9 November 2011,
Having regard to the declarations submitted by the respondent Government requesting the Court to strike the applications out of the list of cases, and the applicants’ replies to these declarations,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicants’ and their representative’s details are set out in the appended table.
The applicants’ complaints under Article 1 of Protocol No. 1 to the Convention concerning allegedly unlawful expropriation of their plots of land were communicated to the Azerbaijani Government (“the Government”) on 23 March 2017.
On 16 May 2024 the applicants’ representative sent a letter to the Court setting out the applicants’ proposals for a friendly settlement, which was forwarded to the Government. The Government informed the Court, providing signed statements from the applicants, that they had been allocated plots of land as compensation for their expropriated land on various dates between 2016 and 2021, while their applications were pending before the Court, and that they no longer had any claims in respect of pecuniary damage. The Government also submitted that in application no. 73530/11 the first applicant had died and that his wife, Ms Aziza Asgarova (Jahangirova), also the applicant in the same application, was his “legitimate heir”.
The Court also received declarations from the Government with a view to securing a friendly settlement with the applicants. They offered to pay ex gratia to the applicants the amounts set out in the appended table in respect of non-pecuniary damage and costs and expenses. 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 applicants informed the Court that they agreed to the terms of the declarations.
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 firstly notes that in application no. 73530/11 there was no objection from the parties, and it also accepts, that the deceased applicant’s wife, Ms Aziza Asgarova (Jahangirova), has standing to continue the proceedings in her late husband’s stead.
The Court further 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 that in application no. 73530/11 the first applicant’s widow, Ms Aziza Asgarova (Jahangirova), has standing to continue the present proceedings in his stead;
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 16 January 2025.
Viktoriya Maradudina Oddný Mjöll Arnardóttir
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 1 of Protocol No. 1 to the Convention
(alleged unlawful expropriation of the applicants’ plots of land)
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 applicants’ acceptance
Amount awarded for non-pecuniary damage
(in euros)[1]
Amount awarded for costs and expenses
(in euros)[2]
73530/11
09/11/2011
(5 applicants)
Alikram Ismi oglu JAHANGIROV
Deceased on 17/01/2022
Heir and also the applicant in this application:
Aziza Mirzaaga qizi ASGAROVA (JAHANGIROVA)
1961
Sakhavat Alikram oglu JAHANGIROV
Ismi Alikram oglu JAHANGIROV
Aygun Alikram qizi JAHANGIROVA
Elchin SADIGOV
Baku
23/07/2024
01/08/2024
4,000
(jointly to all applicants)
4,000
(jointly to all applicants;
to be paid directly to the bank account of the
representative
Mr Elchin Sadigov)
73533/11
09/11/2011
(6 applicants)
Tofig Ajdar oglu ABDULLAYEV
1954
4,000
800
(to be paid directly to the bank account of the
representative
Mr Elchin Sadigov)
Namig Agasaf oglu ALKISHIYEV
1966
4,000
800
(to be paid directly to the bank account of the
representative
Mr Elchin Sadigov)
Leyla Kheyrulla qizi NOVRUZOVA
4,000
800
(to be paid directly to the bank account of the
representative
Mr Elchin Sadigov)
Gizilli Gardashkhan qizi SULEYMANOVA
1938
4,000
800
(to be paid directly to the bank account of the
representative
Mr Elchin Sadigov)
Elman Rustam oglu MAMMADOV
4,000
800
(to be paid directly to the bank account of the
representative
Mr Elchin Sadigov)
Mirali Nurali oglu SHIKHALIYEV
1937
4,000
800
(to be paid directly to the bank account of the
representative
Mr Elchin Sadigov)
[1] Plus any tax that may be chargeable to the applicants.
[2] Plus any tax that may be chargeable to the applicants.