THIRD SECTION
DECISION
Application no. 53537/22
Subhan MASTALIYEV against Azerbaijan
and 31 other applications
(see appended table)
The European Court of Human Rights (Third Section), sitting on 13 March 2025 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 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 Article 5 § 3 of the Convention concerning the lack of justification for their pre-trial detention were communicated to the Azerbaijani Government (“the Government”). In applications nos. 57389/22, 20819/23 and 26392/23, the applicants’ complaints under Article 6 § 2 of the Convention concerning the alleged infringement of their right to the presumption of innocence was also communicated to the Government.
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 3 April 2025.
Viktoriya Maradudina Oddný Mjöll Arnardóttir
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 5 § 3 of the Convention
(lack of justification for pre-trial detention)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
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
per applicant
(in euros)[1]
Amount awarded for costs and expenses per application
(in euros)[2]
53537/22
11/11/2022
Subhan Niftulla oglu MASTALIYEV
1977
Javad Javadov
Baku
24/10/2024
13/10/2024
3,000
500
(to be paid directly to the bank account of the applicant’s representative)
57389/22
06/12/2022
Surat Chingiz oglu ALIYEV
2002
Javad Javadov
Baku
Art. 6 (2) – infringement of the right to the presumption of innocence
24/10/2024
13/10/2024
3,900
500
(to be paid directly to the bank account of the applicant’s representative)
20819/23
22/05/2023
Elchin Kamil oglu ALIYEV
1977
Bakhtiyar Hajiyev
Baku
Art. 6 (2) – infringement of the right to the presumption of innocence
24/10/2024
13/10/2024
3,900
500
(to be paid directly to the bank account of the applicant’s representative)
26392/23
21/06/2023
Adam Nurhuseyin oglu HUSEYINOV
1995
Elchin Sadigov
Baku
Art. 6 (2) – infringement of the right to the presumption of innocence
02/10/2024
21/10/2024
3,900
500
(to be paid directly to the bank account of the applicant’s representative)
31344/23
22/07/2023
Shahin Samandar oglu VERDIYEV
1993
Elchin Sadigov
Baku
02/10/2024
21/10/2024
3,000
500
(to be paid directly to the bank account of the applicant’s representative)
31368/23
07/08/2023
Agshin Mammad oglu ABDULLAYEV
1985
Shahla Humbatova
Baku
24/10/2024
27/10/2024
6,000
500
31802/23
31/07/2023
Alim Vahid oglu YUSIFOV
1989
Elchin Sadigov
Baku
02/10/2024
21/10/2024
3,000
500
(to be paid directly to the bank account of the applicant’s representative)
32937/23
04/08/2023
Elkhan Matlab oglu ZAMAN
1968
Javad Javadov
Baku
24/10/2024
13/10/2024
3,000
500
(to be paid directly to the bank account of the applicant’s representative)
33088/23
10/08/2023
Ruhullah Masim oglu NOVRUZZADE
1991
Javad Javadov
Baku
24/10/2024
13/10/2024
3,000
500
(to be paid directly to the bank account of the applicant’s representative)
33126/23
19/08/2023
Jamal Mirzammad oglu RAHIMOV
1970
Javad Javadov
Baku
24/10/2024
13/10/2024
3,000
500
(to be paid directly to the bank account of the applicant’s representative)
34145/23
05/09/2023
Ilgar Ilham oglu EYVAZOV
1990
Bakhtiyar Hajiyev
Baku
24/10/2024
13/10/2024
3,000
500
(to be paid directly to the bank account of the applicant’s representative)
34156/23
05/09/2023
Nijat Tapdig oglu MURADOV
1984
Bakhtiyar Hajiyev
Baku
24/10/2024
13/10/2024
3,000
500
(to be paid directly to the bank account of the applicant’s representative)
35508/23
06/09/2023
Shamil Adil oglu ABDULALIYEV
1985
Zibeyda Sadigova
Baku
01/10/2024
23/10/2024
3,000
500
(to be paid directly to the bank account of the applicant’s representative)
36762/23
20/09/2023
Elkhan Eldar oglu HUSEYNOV
1990
Elchin Sadigov
Baku
02/10/2024
21/10/2024
3,000
500
(to be paid directly to the bank account of the applicant’s representative)
36905/23
13/09/2023
Nizami Elkhan oglu AHMADOV
1987
Elchin Sadigov
Baku
02/10/2024
21/10/2024
3,000
500
(to be paid directly to the bank account of the applicant’s representative)
36913/23
06/10/2023
Jeyhun Arif oglu BALASHOV
1977
Rasul Jafarov
Baku
24/10/2024
07/10/2024
3,000
500
37301/23
26/09/2023
Taryel Bakir oglu ABDULLAYEV
1985
Elchin Sadigov
Baku
02/10/2024
21/10/2024
3,000
500
(to be paid directly to the bank account of the applicant’s representative)
38367/23
27/09/2023
Natig Firudin oglu GASIMOV
1986
Zibeyda Sadigova
Baku
01/10/2024
23/10/2024
3,000
500
(to be paid directly to the bank account of the applicant’s representative)
40355/23
08/11/2023
Eljan Abilfaz oglu ABAZOV
1988
Bakhtiyar Hajiyev
Baku
24/10/2024
13/10/2024
3,000
500
(to be paid directly to the bank account of the applicant’s representative)
40422/23
24/10/2023
Farid Shamil oglu GURBANOV
1994
Elchin Sadigov
Baku
02/10/2024
21/10/2024
3,000
500
(to be paid directly to the bank account of the applicant’s representative)
40617/23
08/11/2023
Rustam Vahid oglu ALAKBAROV
1993
Bakhtiyar Hajiyev
Baku
24/10/2024
13/10/2024
3,000
500
(to be paid directly to the bank account of the applicant’s representative)
41551/23
02/11/2023
Kanan Seyfaddin oglu GOJAYEV
1988
Zibeyda Sadigova
Baku
01/10/2024
23/10/2024
3,000
500
(to be paid directly to the bank account of the applicant’s representative)
41665/23
07/11/2023
Etibar Rasim oglu ISMAYILOV
1963
Zibeyda Sadigova
Baku
01/10/2024
23/10/2024
3,000
500
(to be paid directly to the bank account of the applicant’s representative)
41719/23
02/11/2023
Telman Huseyn oglu RASHIDOV
1969
Bakhtiyar Hajiyev
Baku
24/10/2024
13/10/2024
3,000
500
(to be paid directly to the bank account of the applicant’s representative)
5065/24
19/01/2024
Tural Famil oglu VALIYEV
1981
Zibeyda Sadigova
Baku
01/10/2024
23/10/2024
3,000
500
(to be paid directly to the bank account of the applicant’s representative)
5089/24
23/01/2024
Murad Afsaraga oglu ABDULLAYEV
1980
Elchin Sadigov
Baku
02/10/2024
21/10/2024
3,000
500
(to be paid directly to the bank account of the applicant’s representative)
5286/24
31/01/2024
Rovshan Seyfali oglu ALIYEV
1979
Elchin Sadigov
Baku
02/10/2024
21/10/2024
3,000
500
(to be paid directly to the bank account of the applicant’s representative)
5291/24
30/01/2024
Azad Tofig oglu KARIMOV
1987
Elchin Sadigov
Baku
02/10/2024
21/10/2024
3,000
500
(to be paid directly to the bank account of the applicant’s representative)
5366/24
25/01/2024
Vugar Jalal oglu MAMMADOV
1972
Azer Rasulov
Baku
24/10/2024
05/10/2024
3,000
500
5664/24
02/02/2024
Kamil Akif oglu MAHMUDOV
1972
Elchin Sadigov
Baku
02/10/2024
21/10/2024
3,000
500
(to be paid directly to the bank account of the applicant’s representative)
12394/24
01/04/2024
Ilkin Elchin oglu SULEYMANOV
1992
Elchin Sadigov
Baku
02/10/2024
21/10/2024
3,000
500
(to be paid directly to the bank account of the applicant’s representative)
12941/24
08/04/2024
Namig Faig oglu ASGAROV
1989
Elchin Sadigov
Baku
02/10/2024
21/10/2024
3,000
500
(to be paid directly to the bank account of the applicant’s representative)
[1] Plus any tax that may be chargeable to the applicants.
[2] Plus any tax that may be chargeable to the applicants.