FIRST SECTION
DECISION
Applications nos. 9965/17 and 23310/18
Ali INSANOV
against Azerbaijan
(see appended table)
The European Court of Human Rights (First Section), sitting on 9 November 2023 as a Committee composed of:
Krzysztof Wojtyczek, President,
Lətif Hüseynov,
Ivana Jelić, 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 applicant’s details and the list of applications are set out in the appended table.
The applicant was represented by Mr A. Shahverdi, a lawyer practising in Baku.
The applicant’s complaints under Articles 5, 6 and 18 of the Convention concerning alleged unlawful detention and unfair criminal proceedings against him were communicated to the Azerbaijani Government (“the Government”).
The Court received the friendly-settlement declarations, signed by the parties, under which the applicant 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 him 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 payment will constitute the final resolution of the cases.
THE LAW
Having regard to the fact that the applications concerned the same applicant and the same criminal proceedings against him, 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 30 November 2023.
Viktoriya Maradudina Krzysztof Wojtyczek
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Articles 5, 6 and 18 of the Convention
(alleged unlawful detention and unfair criminal proceedings)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Date of receipt of Government’s declaration
Date of receipt of Applicant’s declaration
Amount awarded for pecuniary and non-pecuniary damage
(in euros)[1]
Amount awarded for costs and expenses per application
(in euros)[2]
9965/17
30/01/2017
Ali Binnat oglu INSANOV
1946
Shahverdi Agaveys Nurkishi oglu
Baku
16/05/2023
03/05/2023
3,000
500
23310/18
14/05/2018
16/05/2023
03/05/2023
3,600
1,000
[1] Plus any tax that may be chargeable to the applicant.
[2] Plus any tax that may be chargeable to the applicant.
Full & Egal Universal Law Academy