FIFTH SECTION
DECISION
Application no. 14123/19
Fevral MIRZABEYOV against Azerbaijan
and 3 other applications
(see appended table)
The European Court of Human Rights (Fifth Section), sitting on 25 November 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 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 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 the cases concerned within the same three-month period, and to pay any costs of the domestic enforcement proceedings.
The payment and the enforcement of the domestic decisions in the cases concerned 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 16 December 2021.
Viktoriya Maradudina Lado Chanturia
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]
14123/19
27/02/2019
Fevral
Valibay oglu MIRZABEYOV
1969
Ruslan
MUSTAFAZADE
Asabali
MUSTAFAYEV
Sumgayit
Supreme Court,
20/10/2011
28/09/2021
24/06/2021
3,600
250
To be paid directly to the representative Mr Ruslan Mustafazade’s bank account.
14141/19
26/02/2019
Telman
Hasan oglu ABBASOV
1955
Ruslan
MUSTAFAZADE
Asabali
MUSTAFAYEV
Sumgayit
Sumgayit City
Court,
16/12/1996
28/09/2021
24/06/2021
3,600
250
To be paid directly to the representative Mr Ruslan Mustafazade’s bank account.
14150/19
26/02/2019
Mehman
Hasan oglu MAMMADOV
1955
Ruslan
MUSTAFAZADE
Asabali
MUSTAFAYEV
Sumgayit
Sumgayit City
Court,
29/08/2018
28/09/2021
24/06/2021
1,500
250
To be paid directly to the representative Mr Ruslan Mustafazade’s bank account.
14163/19
26/02/2019
Mehman
Malik oglu
MALIKOV
1959
Ruslan MUSTAFAZADE
Sumgayit
Surakhani District
Court,
01/06/2018
28/09/2021
24/06/2021
1,500
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.