FIFTH SECTION
DECISION
Applications nos. 52773/19 and 54768/19
Emil MEHDIYEV against Azerbaijan
and Vahid ABILOV against Azerbaijan
(see appended table)
The European Court of Human Rights (Fifth Section), sitting on 7 October 2021 as a Committee composed of:
Lado Chanturia, President,
Lətif Hüseynov,
Arnfinn Bårdsen, 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 declarations submitted by the respondent Government requesting the Court to strike the applications out of the list of cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants were represented by Mr J. Wise and Mr M. Kochorashvili, lawyers practising, respectively, in London and Tbilisi.
The applicants’ complaints under Article 9 of the Convention concerning their criminal conviction, resulting in their one year’s suspended imprisonment, for their refusal to perform military service on religious grounds were communicated to the Azerbaijani Government (“the Government”).
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 Government informed the Court that they proposed to make unilateral declarations with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the applications in accordance with Article 37 of the Convention.
The Government acknowledged the violation of the applicants’ rights guaranteed under Article 9 of the Convention. They offered to pay the applicants the amounts detailed in the appended table and invited the Court to strike the applications out of the list of cases in accordance with Article 37 § 1 (c) of the Convention. The amounts would 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 undertook 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.
By a letter on 10 August 2021, the applicants indicated that they welcomed the Government’s acknowledgment of violation of their Convention rights and their readiness to pay them compensation. However, they asked the Court to reject the Government’s unilateral declarations on the grounds that Azerbaijan has not yet adopted a law on alternative civilian service.
The Court observes that Article 37 § 1 (c) enables it to strike a case out of its list if:
“... for any other reason established by the Court, it is no longer justified to continue the examination of the application”.
Thus, it may strike out applications under Article 37 § 1 (c) on the basis of a unilateral declaration by a respondent Government even if the applicants wish the examination of the cases to be continued (see, in particular, the Tahsin Acar v. Turkey judgment (preliminary objections) [GC], no. 26307/95, §§ 75‑77, ECHR 2003-VI).
The Court has established clear and extensive case-law in respect of Azerbaijan relating to the criminal conviction for refusing to perform military service on religious grounds (see Mushfig Mammadov and Others v. Azerbaijan, nos. 14604/08 and 3 others, 17 October 2019).
Noting the admissions contained in the Government’s declarations as well as the amount of compensation proposed – which is consistent with the amounts awarded in similar cases – the Court considers that it is no longer justified to continue the examination of the applications (Article 37 § 1 (c)).
In the light of the above considerations, the Court is satisfied that respect for human rights as defined in the Convention and the Protocols thereto does not require it to continue the examination of the applications (Article 37 § 1 in fine). In that connection, the Court also points out that the question of adoption of a law on alternative civilian service by Azerbaijan has already been addressed by the Court (see Mushfig Mammadov and Others, cited above, § 103).
Finally, the Court emphasises that, should the Government fail to comply with the terms of their unilateral declarations, the applications may be restored to the list in accordance with Article 37 § 2 of the Convention (see Josipović v. Serbia (dec.), no. 18369/07, 4 March 2008).
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;
Takes note of the terms of the respondent Government’s declarations and of the arrangements for ensuring compliance with the undertakings referred to therein;
Decides to strike the applications out of its list of cases in accordance with Article 37 § 1 (c) of the Convention.
Done in English and notified in writing on 28 October 2021.
{signature_p_2}
Viktoriya Maradudina Lado Chanturia
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 9 of the Convention
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Date of receipt of Government’s declaration
Date of receipt of applicant’s comments
Amount awarded for pecuniary and
non-pecuniary damage and costs and expenses
per applicant
(in euros)[1]
52773/19
07/10/2019
Emil Vilayat oglu MEHDIYEV
1999
05/07/2021
10/08/2021
3,500
54768/19
17/10/2019
Vahid Gunduz oglu ABILOV
1999
05/07/2021
10/08/2021
3,500
[1] Plus any tax that may be chargeable to the applicants.