FIFTH SECTION
DECISION
Application no. 12623/16
Mubariz Shamsaddin oglu RAHIMLI against Azerbaijan
and 5 other applications
(see appended table)
The European Court of Human Rights (Fifth Section), sitting on 7 October 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 is set out in the appended table.
The applicants’ complaints under Article 3 of Protocol No. 1 of the Convention concerning the alleged breach of the right to stand as candidates in parliamentary elections were communicated to the Azerbaijani Government (“the Government”). In some of the applications, complaints based on the same facts were also communicated under Article 13 of the Convention (see the appended table).
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 payment 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 28 October 2021.
{signature_p_2}
Viktoriya Maradudina Lado Chanturia
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 3 of Protocol No. 1 to the Convention
(alleged breach of the right to stand as candidates in parliamentary elections)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Other complaints under well‑established case-law
Date of receipt of Government’s declaration
Date of receipt of Applicant’s declaration
Amount awarded for non-pecuniary damage and costs and expenses
per applicant
(in euros)[1]
12623/16
23/02/2016
Mubariz Shamsaddin oglu RAHIMLI
1980
Khalid Zakir oglu BAGIROV
Baku
Article 13 of the Convention – absence of an effective domestic remedy
10/12/2020
11/12/2020
4,750
13084/16
24/02/2016
Fikrat Novruz oglu JAFARLI
1968
Khalid Zakir oglu BAGIROV
Baku
Article 13 of the Convention – absence of an effective domestic remedy
09/12/2020
09/12/2020
4,750
18391/16
25/03/2016
Parviz Habib oglu SAMADOV
1975
Khalid Zakir oglu BAGIROV
Baku
Article 13 of the Convention - absence of an effective domestic remedy
10/12/2020
11/12/2020
4,750
18564/16
25/03/2016
Giyas Boyukaga oglu SADIGOV
1960
Khalid Zakir oglu BAGIROV
Baku
Article 13 of the Convention - absence of an effective domestic remedy
09/12/2020
09/12/2020
4,750
21007/16
11/04/2016
Khaliddin Baloglan oglu JANGIROV
1971
Samira Rafail gizi AGAYEVA
Baku
09/12/2020
17/11/2020
5,000
23979/16
18/04/2016
Sarvar Abasgulu oglu MEHDIYEV
1966
Samira Rafail gizi AGAYEVA
Baku
10/12/2020
25/09/2020
5,000
[1] Plus any tax that may be chargeable to the applicants.