FIRST SECTION
DECISION
Application no. 15895/20
Oruj MIRIYEV against Azerbaijan
and 10 other applications
(see appended table)
The European Court of Human Rights (First Section), sitting on 8 December 2022 as a Committee composed of:
Krzysztof Wojtyczek, President,
Ivana Jelić,
Erik Wennerström, 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 6 § 1 of the Convention and Article 1 of Protocol No. 1 to the Convention concerning the non‑enforcement or delayed enforcement of domestic decisions were communicated to the Azerbaijani Government (“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 Government also undertake to ensure the enforcement of the domestic decisions under consideration in all the cases within the same three-month period, and to pay any costs of the domestic enforcement proceedings, except in case no. 51695/20 in which the Government have already enforced the relevant domestic decision and therefore, the payment will constitute the final resolution of this case.
The payment and the enforcement of the domestic decisions in the remaining cases concerned will constitute the final resolution of these 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 12 January 2023.
Viktoriya Maradudina Krzysztof Wojtyczek
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1
(non-enforcement or delayed enforcement of domestic decisions)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Relevant domestic decision
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]
15895/20
04/02/2020
Oruj
Murad oglu MIRIYEV
1959
Ruslan
MUSTAFAZADE
Sumgayit
Asabali
MUSTAFAYEV
Sumgayit
Sumgayit City Court,
19/04/2019
27/10/2022
03/08/2022
1,800
250
(to be paid directly to the representative Mr Ruslan Mustafazade’s bank account)
15898/20
06/02/2020
Hidayat
Dursun oglu GARAYEV
1958
Ruslan
MUSTAFAZADE
Sumgayit
Asabali
MUSTAFAYEV
Sumgayit
Surakhani District Court,
25/01/2018
27/10/2022
03/08/2022
2,400
250
(to be paid directly to the representative Mr Ruslan Mustafazade’s bank account)
15959/20
04/02/2020
Karim
Garib oglu YASINOV
1962
Ruslan
MUSTAFAZADE
Sumgayit
Asabali
MUSTAFAYEV
Sumgayit
Surakhani District Court,
11/03/2019
27/10/2022
03/08/2022
1,800
250
(to be paid directly to the representative Mr Ruslan Mustafazade’s bank account)
51688/20
06/11/2020
Gasim
Aliaga oglu GASIMOV
1961
Ruslan
MUSTAFAZADE
Sumgayit
Asabali
MUSTAFAYEV
Sumgayit
Sumgayit Court of Appeal,
06/10/2010
27/10/2022
03/08/2022
3,600
250
(to be paid directly to the representative Mr Ruslan Mustafazade’s bank account)
51695/20
06/11/2020
Arif
Sadraddin oglu HASHIMOV
1963
Ruslan
MUSTAFAZADE
Sumgayit
Asabali
MUSTAFAYEV
Sumgayit
Surakhani District Court,
19/02/2019
27/10/2022
04/11/2022
1,800
250
(to be paid directly to the representative Mr Ruslan Mustafazade’s bank account)
51699/20
06/11/2020
Allahgulu
Maharram oglu
IMANOV
1959
Ruslan
MUSTAFAZADE
Sumgayit
Asabali
MUSTAFAYEV
Sumgayit
Surakhani District Court,
12/02/2019
27/10/2022
03/08/2022
1,800
250
(to be paid directly to the representative Mr Ruslan Mustafazade’s bank account)
51705/20
06/11/2020
Ramiz
Mammadali oglu NAJAFOV
1960
Ruslan
MUSTAFAZADE
Sumgayit
Asabali
MUSTAFAYEV
Sumgayit
Surakhani District Court,
01/03/2019
27/10/2022
03/08/2022
1,800
250
(to be paid directly to the representative Mr Ruslan Mustafazade’s bank account)
10057/21
29/01/2021
Irada
Abuzar gizi ASHUROVA
1961
Ruslan
MUSTAFAZADE
Sumgayit
Sumgayit City Court,
12/03/2019
27/10/2022
03/08/2022
1,800
250
(to be paid directly to the representative Mr Ruslan Mustafazade’s bank account)
19434/21
31/03/2021
Hajar
Muzaffar gizi MAMMADOVA
1949
Ruslan
MUSTAFAZADE
Sumgayit
Asabali
MUSTAFAYEV
Sumgayit
Sumgayit City Court,
29/03/2019
27/10/2022
03/08/2022
1,800
250
(to be paid directly to the representative Mr Ruslan Mustafazade’s bank account)
19557/21
30/03/2021
Matlab
Babakhan oglu NAZAROV
1961
Ruslan
MUSTAFAZADE
Sumgayit
Asabali
MUSTAFAYEV
Sumgayit
Sumgayit City Court,
01/10/2019
27/10/2022
03/08/2022
1,500
250
(to be paid directly to the representative Mr Ruslan Mustafazade’s bank account)
19565/21
31/03/2021
Saray
Imamverdi gizi SAFTAROVA
1956
Ruslan
MUSTAFAZADE
Sumgayit
Asabali
MUSTAFAYEV
Sumgayit
Supreme Court,
03/03/2010
27/10/2022
03/08/2022
3,600
250
(to be paid directly to the representative Mr Ruslan Mustafazade’s bank account)
[1] Plus any tax that may be chargeable to the applicants.
[2] Plus any tax that may be chargeable to the applicants.