FIFTH SECTION
DECISION
Application no. 74142/16
Amrah SALMANOV
against Azerbaijan
The European Court of Human Rights (Fifth Section), sitting on 20 January 2022 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 application lodged on 30 November 2016,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant’s details are set out in the appended table. He was represented by Mr N. Karimli, a lawyer based in Azerbaijan.
The applicant’s complaints under Articles 3 and 5 § 3 and Article 13 of the Convention concerning his alleged ill-treatment and lack of any effective remedy in that regard, as well as the lack of justification for his pre-trial detention, were communicated to the Azerbaijani Government (“the Government”).
The Court received the 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, subject to an undertaking by the Government to pay him 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 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 the Protocols thereto 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 10 February 2022.
Viktoriya Maradudina Lado Chanturia
Acting Deputy Registrar President
APPENDIX
Application raising complaints under Articles 3 and 5 § 3 and Article 13 of the Convention
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Date of receipt of the Government’s declaration
Date of receipt of the applicant’s declaration
Amount awarded for non-pecuniary damage
(in euros)[1]
Amount awarded for costs and expenses (in euros)[2]
74142/16
30/11/2016
Amrah
Vusal Oglu
SALMANOV
1999
Nemat Karimli
Baku
12/10/2021
04/11/2021
12,000
1,000
[1] Plus any tax that may be chargeable to the applicant.
[2] Plus any tax that may be chargeable to the applicant.