FIRST SECTION
DECISION
Application no. 63063/11
Tahir RUSTAMOV
against Azerbaijan
The European Court of Human Rights (First Section), sitting on 25 August 2015 as a Committee composed of:
Julia Laffranque, President,
Khanlar Hajiyev,
Dmitry Dedov, judges,
and André Wampach, Deputy Section Registrar,
Having regard to the above application lodged on 27 September 2011,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Tahir Rustamov, is an Azerbaijani national, who was born in 1955 and lives in Sumgayit. He was 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 applicant complained under Article 6 of the Convention about the non-enforcement of domestic judgment in his favour and under Article 1 of Protocol No. 1 to the Convention about the violation of his rights to peaceful enjoyment of his possessions as a result of non-enforcement of the judgment.
On 18 March 2015 and 16 April 2015 the Court received 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 this application against an undertaking by the Government to pay him 3,000 euros to cover any pecuniary and non-pecuniary damage as well as 400 euros to cover costs and expenses to be paid to the representative, which will be converted into Azerbaijani manats at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. It will be payable within three months from the date of notification of the decision taken by the Court. In the event of failure to pay this sum within the said three-month period, the Government undertook to pay simple interest on it, 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 case.
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 application. In view of the above, it is appropriate to strike the case out of the list.
For these reasons, the Court, unanimously,
Decides to strike the application out of its list of cases in accordance with Article 39 of the Convention.
Done in English and notified in writing on 17 September 2015.
André WampachJulia Laffranque
Deputy RegistrarPresident
Full & Egal Universal Law Academy