FIRST SECTION
DECISION
Application no. 37901/18
Afgan SADIGOV against Azerbaijan
and 8 other applications
(see appended table)
The European Court of Human Rights (First Section), sitting on 17 May 2023 as a Committee composed of:
Alena Poláčková, President,
Gilberto Felici,
Raffaele Sabato, 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 and their representatives is set out in the appended table.
The applicants’ complaints under Article 6 of the Convention concerning the unfair trial in administrative offence proceedings were communicated to the Azerbaijani Government (“the Government”). In application no. 37901/18, the complaint based on the same facts was also communicated under Article 5 of the Convention.
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 8 June 2023.
Viktoriya Maradudina Alena Poláčková
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 6 of the Convention
(unfair trial in administrative offence 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
per applicant
(in euros)[1]
Amount awarded for costs and expenses per application
(in euros)[2]
37901/18
02/08/2018
Afgan
Hatamkhan oglu SADIGOV
1976
Javad
JAVADOV
Baku
17/03/2023
08/02/2023
1,700
550
(to be paid directly to the
representative Mr Javad Javadov’s bank account)
40212/18
03/08/2018
Ali
Shahbala oglu RAHIMOV
1992
Javad
JAVADOV
Baku
17/03/2023
09/02/2023
800
450
(to be paid directly to the
representative Mr Javad Javadov’s bank account)
58550/18
25/11/2018
Zaur
Rovshan oglu ROVSHANLI
1994
Javad
JAVADOV
Baku
17/03/2023
08/02/2023
800
450
(to be paid directly to the
representative Mr Javad Javadov’s bank account)
31992/19
03/06/2019
Rafael
Fuzuli oglu HUSEYNZADE
1998
Javad
JAVADOV
Baku
17/03/2023
21/02/2023
800
450
(to be paid directly to the
representative Mr Javad Javadov’s bank account)
59944/19
25/10/2019
Ruslan
Tahmaz oglu
AMIROV
1982
Javad
JAVADOV
Baku
17/03/2023
08/02/2023
850
400
(to be paid directly to the
representative Mr Javad Javadov’s bank account)
39433/20
17/07/2020
Zamin
Oktay oglu
SALAYEV
1976
Javad
JAVADOV
Baku
17/03/2023
05/03/2023
900
350
(to be paid directly to the
representative Mr Javad Javadov’s bank account)
40717/20
26/08/2020
Ibrahim
Jafar oglu
JAFAROV
1984
Javad
JAVADOV
Baku
17/03/2023
21/02/2023
800
450
(to be paid directly to the
representative Mr Javad Javadov’s bank account)
54405/21
18/10/2021
Mehdi
Gunash oglu SHAMILOV
1962
Javad
JAVADOV
Baku
17/03/2023
09/02/2023
800
450
(to be paid directly to the
representative Mr Javad Javadov’s bank account)
60000/21
18/11/2021
Kamran
Agamusa oglu KARIMOV
1990
Javad
JAVADOV
Baku
17/03/2023
06/02/2023
800
450
(to be paid directly to the
representative Mr Javad Javadov’s bank account)
[1] Plus any tax that may be chargeable to the applicants.
[2] Plus any tax that may be chargeable to the applicants.