FIFTH SECTION
DECISION
Application no. 13371/16
Ogtay Sabir oglu MURADOV and Sabina Sabir gizi ALIZADA
against Azerbaijan
and 7 other applications
(see appended table)
The European Court of Human Rights (Fifth Section), sitting on 25 March 2021 as a Committee composed of:
Ganna Yudkivska, President,
Ivana Jelić,
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 to the Convention concerning the non‑enforcement or delayed enforcement of domestic decisions were communicated to the Azerbaijani Government (“the Government”). In application no. 13371/16 complaints based on the same facts were also communicated under Article 13 of the Convention (see the appended table below).
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 15 April 2021.
{signature_p_2}
Viktoriya MaradudinaGanna Yudkivska
Acting Deputy RegistrarPresident
APPENDIX
List of applications raising complaints under Article 6 § 1 of the Convention and Article 1 of the Protocol No. 1
(non-enforcement or delayed enforcement of domestic decisions)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth (where relevant)
Representative ‘s name and location
Other complaints under
well-established case-law
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/ household
(in euros)[1]
Amount awarded for costs and expenses per application
(in euros)[2]
13371/16
25/02/2016
Household
Ogtay Sabir oglu MURADOV
1974
Sabina Sabir gizi
ALIZADA
1977
Art. 13 - lack of any effective remedy in domestic law in respect of non-enforcement of domestic decision
Nizami District Court,
04/09/2012
12/01/2021
09/12/2020
3,600
248/17
19/12/2016
Saida Huseyn gizi GASIMOVA
1969
Ruslan Asabali oglu MUSTAFAZADE
Sumgayit
Baku Administrative
Court,
10/06/2014
12/01/2021
11/11/2020
3,600
250
3351/17
29/12/2016
Bafadar Malik oglu
NABIYEV
1957
Gulsahab Nasib gizi ALLAHVERDIYEVA
Baku
Yasamal District
Court,
30/04/2013
12/01/2021
11/01/2021
3,600
250
55746/17
20/07/2017
ASTARA SMALL
ENTERPRISE
Ruslan Asabali oglu
MUSTAFAZADE
Sumgayit
The Supreme Court,
06/09/2016
The Sumgayit Court of
Appeal,
23/11/2016
12/01/2021
11/11/2020
2,100
250
72973/17
02/10/2017
Household
Sara Bahram gizi FARAJZADE
1958
Farid Mazahir oglu FARAJZADE
1987
Sadig Tofig oglu BAGIROV
Khirdalan
Sabail District Court,
25/04/2006
12/01/2021
09/10//2020
3,600
250
1124/18
22/12/2017
Khalida Shafagat gizi BUNYATOVA
1962
Binagadi District
Court,
21/06/2014
12/01/2021
05/11/2020
3,600
1130/18
22/12/2017
Sayyara Jalal gizi MIRZAYEVA
1960
Binagadi District
Court,
17/03/2014
12/01/2021
04/11/2020
3,600
48318/18
04/10/2018
Rauf Majid oglu
BAYRAMOV
1939
Baku Court of Appeal,
17/03/2014
12/01/2021
11/12/2020
2400
[1] Plus any tax that may be chargeable to the applicants.
[2] Plus any tax that may be chargeable to the applicants.
Full & Egal Universal Law Academy