THIRD SECTION
DECISION
Application no. 33127/23
Rashad RAMAZANOV against Azerbaijan
and 2 other applications
(see appended table)
The European Court of Human Rights (Third Section), sitting on 7 May 2025 as a Committee composed of:
Oddný Mjöll Arnardóttir, President,
Úna Ní Raifeartaigh,
Mateja Đurović, 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 declarations submitted by the respondent Government requesting the Court to strike the applications out of the list of cases, and the applicants’ replies to these declarations,
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 5 § 3 of the Convention concerning the lack of justification for pre-trial detention were communicated to the Azerbaijani Government (“the Government”). In some of the applications, complaints based on the same facts were also communicated under other provisions of the Convention.
After unsuccessful friendly-settlement negotiations, the Government submitted declarations with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the applications.
The Government acknowledged the violations of the applicants’ rights guaranteed under the Convention. They offered to pay the applicants the amounts detailed in the appended table and invited the Court to strike the applications out of the list of cases in accordance with Article 37 § 1 (c) of the Convention. The amounts would 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 undertook 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 applicants informed the Court that they agreed to the terms of the declarations.
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 finds that, following the applicants’ express agreement to the terms of the declaration made by the Government, the cases should be treated as a friendly settlement between the parties.
It therefore 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 the continued examination of the applications.
In view of the above, it is appropriate to strike the applications out of the list of cases.
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 May 2025.
Viktoriya Maradudina Oddný Mjöll Arnardóttir
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 5 § 3 of the Convention
(lack of justification for pre-trial detention)
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 acceptance
Amount awarded for pecuniary and non-pecuniary damage
per applicant
(in euros)[1]
Amount awarded for costs and expenses per application
(in euros)[2]
33127/23
07/08/2023
Rashad Agaddin oglu RAMAZANOV
1982
Elchin Sadigov
Baku
Art. 6 (2) - infringement of
the right to the presumption
of innocence
04/12/2024
13/01/2025
3,510
450
(to be paid directly to the bank
account of the applicant’s
representative)
38345/23
27/09/2023
Bakhtiyar Bakhish oglu BABASHOV
1986
Zibeyda Sadigova
Baku
04/12/2024
14/01/2025
2,700
450
(to be paid directly to the bank
account of the applicant’s
representative)
39601/23
17/10/2023
Mirtofig Mirjalal oglu HUSEYNOV
1991
Zibeyda Sadigova
Baku
04/12/2024
14/01/2025
2,700
450
(to be paid directly to the bank
account of the applicant’s
representative)
[1] Plus any tax that may be chargeable to the applicants.
[2] Plus any tax that may be chargeable to the applicants.