FIRST SECTION
DECISION
Applications nos. 49430/11 and 49458/11
Nargiz MIRZAYEVA
and Farhad ASGAROV against Azerbaijan
The European Court of Human Rights (First Section), sitting on 21 October 2014 as a Committee composed of:
Erik Møse, President,
Khanlar Hajiyev,
Dmitry Dedov, judges,
and Søren Prebensen, Acting Deputy Section Registrar,
Having regard to the above applications lodged on 28 July 2011 and 27 July 2011 respectively,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant in the first case, Ms Nargiz Mirzayeva, is an Azerbaijani national, who was born in 1958 and lives in Sumgayit.
The applicant in the second case, Mr Farhad Asgarov, is an Azerbaijani national and lives in Sumgayit.
Both of the applicants were represented before the Court by Mr R. Mustafazade, a lawyer practising in Azerbaijan.
The Azerbaijani Government (“the Government”) were represented by their Agent, Mr Ç. Asgarov.
The applicants complained under Article 6 of the Convention about the non-enforcement of domestic judgments in their favour and under Article 1 of Protocol No. 1 to the Convention about the violation of their rights to peaceful enjoyment of their possessions as a result of non-enforcement of the judgments.
On 18 January 2014 the Government submitted friendly settlement proposals and on 17 June 2014 modified them subsequent to the applicants’ requests submitted by their letters on 4 March 2014.
The Government undertook to pay EUR 11,000 (eleven thousand euros) to Ms Nargiz Mirzayeva and EUR 12,000 (twelve thousand euros) to Mr Farhad Asgarov to cover any pecuniary and non-pecuniary damages and EUR 2,000 (two thousand euros) to both applicants together for the costs and expenses “bearing in mind that they were represented by the same lawyer”.
The remainder of the proposals provided as follows:
“This sum shall cover any pecuniary and non-pecuniary damage as well as costs and expenses and it will be payable within three months starting from the notification of the [decision] delivered by the Court pursuant to Article 39 of the Convention for the Protection of Human Rights and Fundamental Freedoms. This payment will constitute the final resolution of the case. In the event of failure to pay this sum within the said three-month period, the Government undertake to pay, until settlement, simple interest on the amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
This resolution does not exempt the Government from their obligation to enforce the court’s judgment delivered in the applicant’s favour.
This declaration does not entail any acknowledgement by the Government of a violation of the European Convention on Human Rights in the present case.
The Government further undertake not to request the referral of the case to the Grand Chamber under Article 43 § 1 of the Convention.”
On 16 July 2014 the applicants submitted declarations accepting the Government’s friendly settlement proposal.
THE LAW
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 its Protocols 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.
Søren PrebensenErik Møse
Acting Deputy RegistrarPresident
Full & Egal Universal Law Academy