FIFTH SECTION
DECISION
Application no. 81005/17
Sarvat Rajab oglu RZAMOV against Azerbaijan
and 9 other applications
(see appended table)
The European Court of Human Rights (Fifth Section), sitting on 18 February 2021 as a Committee composed of:
Ganna Yudkivska, President,
Ivana Jelić,
Arnfinn Bårdsen, judges,
and Liv Tigerstedt, 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 were represented by Mr A. Mustafayev and Mr R. Mustafazade, lawyers based in Azerbaijan.
The applicants’ complaints under Article 5 § 1, Article 6 §§ 1 and 3 (b) and (c), and Article 9 of the Convention concerning their allegedly unlawful arrest and detention, the alleged unlawful interference with their freedom of religion and the alleged unfairness of the administrative proceedings against them on account of violating the legislative rules on organising and holding religious meetings were communicated to the Azerbaijani Government (“the Government”).
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 11 March 2021.
{signature_p_2}
Liv TigerstedtGanna Yudkivska
Acting Deputy RegistrarPresident
APPENDIX
List of applications raising complaints under Article 5 § 1, Article 6 §§ 1 and 3 (b) and (c), and Article 9 of the Convention
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name
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]
81005/17
04/11/2017
Sarvat Rajab oglu RZAMOV
1987
Mustafazade Ruslan
Mustafayev Asabali
25/11/2020
15/10/2020
3,750
81009/17
06/11/2017
Vasif Agabala oglu GULIYEV
1974
Mustafazade Ruslan
Mustafayev Asabali
25/11/2020
15/10/2020
3,750
81024/17
16/11/2017
Azad Rustam oglu GASIMOV
1978
Mustafazade Ruslan
Mustafayev Asabali
25/11/2020
15/10/2020
3,750
81043/17
16/11/2017
Fakhraddin Nasraddin oglu KHANLAYEV
1967
Mustafazade Ruslan
Mustafayev Asabali
25/11/2020
15/10/2020
3,750
81049/17
06/11/2017
Elmar Akbar oglu ALIYEV
1969
Mustafazade Ruslan
Mustafayev Asabali
25/11/2020
15/10/2020
3,750
81051/17
04/11/2017
Khaspulad Balahmad oglu SHIKHMAMMADOV
1963
Mustafazade Ruslan
Mustafayev Asabali
25/11/2020
15/10/2020
3,750
81083/17
07/11/2017
Sakhavat Agali oglu SEYFALOV
1983
Mustafazade Ruslan
Mustafayev Asabali
25/11/2020
15/10/2020
3,750
81084/17
06/11/2017
Natig Kamil oglu AMRAHOV
1966
Mustafazade Ruslan
Mustafayev Asabali
25/11/2020
15/10/2020
3,750
81088/17
16/11/2017
Akram Nazim oglu BADIRKHANOV
1960
Mustafazade Ruslan
Mustafayev Asabali
25/11/2020
15/10/2020
3,750
81095/17
04/11/2017
Lutfaddin Valeh oglu GULALIYEV
1959
Mustafazade Ruslan
Mustafayev Asabali
25/11/2020
15/10/2020
3,750
[1] Plus any tax that may be chargeable to the applicants.
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