FIFTH SECTION
DECISION
Application no. 55239/15
Arzu Habib oglu SAMADBAYLI against Azerbaijan
and 40 other applications
(see appended table)
The European Court of Human Rights (Fifth Section), sitting on 7 October 2021 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 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,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants’ complaints under Article 3 of Protocol No. 1 to the Convention concerning the alleged breach of their right to stand as candidates in parliamentary elections were communicated to the Azerbaijani Government (“the Government”). In some of the applications, complaints based on the same facts were also communicated under Article 13 of the Convention (see the appended table).
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 Government informed the Court that they proposed to make unilateral declarations with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the applications in accordance with Article 37 of the Convention.
The Government acknowledged that the domestic authorities had violated the applicants’ rights guaranteed by the provisions of the Convention relied on by the applicants. 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. 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 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 were sent the terms of the Government’s unilateral declarations several weeks before the date of this decision. The Court has not received a response from the applicants in applications nos. 27984/16 and 77321/16 (see the appended table). The remaining applicants rejected the terms of the Government’s unilateral declarations, arguing, inter alia, that the amounts of compensation proposed were too low.
The Court observes that Article 37 § 1 (c) enables it to strike a case out of its list if:
“... for any other reason established by the Court, it is no longer justified to continue the examination of the application.”
Thus, it may strike out applications under Article 37 § 1 (c) on the basis of a unilateral declaration by a respondent Government even if the applicants wish the examination of the cases to be continued (see, in particular, the Tahsin Acar v. Turkey judgment (preliminary objections) [GC], no. 26307/95, §§ 75‑77, ECHR 2003-VI).
The Court has established clear case-law concerning very similar complaints against Azerbaijan related to violations of the right to stand as a candidate in elections (see, for example, Namat Aliyev v. Azerbaijan, no. 18705/06, 8 April 2010; Tahirov v. Azerbaijan, no. 31953/11, 11 June 2015; and Gahramanli and Others v. Azerbaijan, no. 36503/11, 8 October 2015).
Noting the admissions contained in the Government’s declarations as well as the amounts of compensation proposed – which are consistent with the amounts awarded in recent similar cases concerning electoral rights (see, for example, G.K. v. Belgium, no. 58302/10, § 73, 21 May 2019; Abil v. Azerbaijan (no. 2), no. 8513/11, § 94, 5 December 2019; and Mugemangango v. Belgium [GC], no. 310/15, § 146, 10 July 2020) – the Court considers that it is no longer justified to continue the examination of the applications (Article 37 § 1 (c)).
In the light of the above considerations, the Court is satisfied that respect for human rights as defined in the Convention and the Protocols thereto does not require it to continue the examination of the applications (Article 37 § 1 in fine).
Finally, the Court emphasises that, should the Government fail to comply with the terms of their unilateral declarations, the applications may be restored to the list in accordance with Article 37 § 2 of the Convention (see Josipović v. Serbia (dec.), no. 18369/07, 4 March 2008).
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;
Takes note of the terms of the respondent Government’s declarations and of the arrangements for ensuring compliance with the undertakings referred to therein;
Decides to strike the applications out of its list of cases in accordance with Article 37 § 1 (c) of the Convention.
Done in English and notified in writing on 28 October 2021.
{signature_p_2}
Viktoriya Maradudina Lado Chanturia
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 3 of Protocol No. 1 to the Convention
(alleged breach of the right to stand as candidates in parliamentary elections)
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 comments,
if any
Amount awarded for non‑pecuniary damage and costs and expenses
per applicant (in euros)[1]
55239/15
30/10/2015
Arzu Habib oglu SAMADBAYLI
1962
Nemat Aga oglu KARIMLI
Baku
19/01/2021
01/03/2021
4,750
12548/16
23/02/2016
Rauf Ahmad oglu AGAYEV
1962
Nemat Aga oglu KARIMLI
Baku
22/01/2021
01/03/2021
4,750
12552/16
23/02/2016
Rashid Mikayil oglu NAJAFLI
1956
Nemat Aga oglu KARIMLI
Baku
22/01/2021
01/03/2021
4,750
12558/16
23/02/2016
Yusif Hajeyib oglu MEHTI
1952
Nemat Aga oglu KARIMLI
Baku
22/01/2021
01/03/2021
4,750
12560/16
26/02/2016
Nemat Aga oglu KARIMLI
1967
Self-represented
Baku
19/01/2021
01/03/2021
4,500
12563/16
23/02/2016
Nizami Maharram oglu ALAKBAROV
1958
Khalid Zakir oglu BAGIROV
Baku
Article 13 of the Convention – absence of an effective domestic remedy
10/02/2021
24/03/2021
4,750
12568/16
23/02/2016
Shohrat Asad oglu MAMMADZADA
1972
Khalid Zakir oglu BAGIROV
Baku
Article 13 of the Convention – absence of an effective domestic remedy
22/01/2021
24/03/2021
4,750
12582/16
23/02/2016
Iman Ibish oglu IMANOV
1950
Khalid Zakir oglu BAGIROV
Baku
Article 13 of the Convention - absence of an effective domestic remedy
10/02/2021
24/03/2021
4,750
12606/16
23/02/2016
Akif Isa oglu HUSEYNOV
1955
Khalid Zakir oglu BAGIROV
Baku
Article 13 of the Convention - absence of an effective domestic remedy
22/01/2021
24/03/2021
4,750
12613/16
23/02/2016
Mubariz Agasala oglu SALAYEV
1963
Nemat Aga oglu KARIMLI
Baku
19/01/2021
01/03/2021
4,750
12618/16
23/02/2016
Mazahir Zahid oglu MAMMADOV
1967
Nemat Aga oglu KARIMLI
Baku
19/01/2021
01/03/2021
4,750
12629/16
22/02/2016
Nasiman Gara oglu YAGUBLU
1962
Nemat Aga oglu KARIMLI
Baku
22/01/2021
01/03/2021
4,750
12634/16
22/02/2016
Nadir Azim oglu GAFARLI
1948
Nemat Aga oglu KARIMLI
Baku
22/01/2021
01/03/2021
4,750
12643/16
23/02/2016
Nushaba Agabala gizi SADIKHLI
1949
Nemat Aga oglu KARIMLI
Baku
19/01/2021
01/03/2021
4,750
12645/16
23/02/2016
Ragif Mahi oglu KARIMLI
1950
Nemat Aga oglu KARIMLI
Baku
22/01/2021
01/03/2021
4,750
13073/16
24/02/2016
Mirmahmud Mirali oglu FATTAYEV
1956
Khalid Zakir oglu BAGIROV
Baku
Article 13 of the Convention - absence of an effective domestic remedy
10/02/2021
24/03/2021
4,750
13078/16
24/02/2016
Ahad Farhad oglu MAMMADLI
1982
Khalid Zakir oglu BAGIROV
Baku
Article 13 of the Convention - absence of an effective domestic remedy
10/02/2021
24/03/2021
4,750
17282/16
24/03/2016
Tamilla Famil gizi GULAMI
1983
Khalid Zakir oglu BAGIROV
Baku
Article 13 of the Convention - absence of an effective domestic remedy
10/02/2021
24/03/2021
4,750
18209/16
25/03/2016
Mirzakulla Mirovla oglu ZAKI
1956
Khalid Zakir oglu BAGIROV
Baku
Article 13 of the Convention - absence of an effective domestic remedy
22/01/2021
24/03/2021
4,750
18212/16
25/03/2016
Nizami Yagub oglu ABDURRAZAKOV
1961
Khalid Zakir oglu BAGIROV
Baku
Article 13 of the Convention - absence of an effective domestic remedy
22/01/2021
24/03/2021
4,750
18562/16
24/03/2016
Khalid Zakir oglu BAGIROV
1976
Self-represented
Baku
Article 13 of the Convention - absence of an effective domestic remedy
22/01/2021
24/03/2021
4,500
18568/16
25/03/2016
Aynur Gafar gizi BAGIRZADA
1976
Khalid Zakir oglu BAGIROV
Baku
Article 13 of the Convention - absence of an effective domestic remedy
22/01/2021
24/03/2021
4,750
20702/16
01/04/2016
Dadash Rashid oglu AHMADLI
1969
Nemat Aga oglu KARIMLI
Baku
19/01/2021
01/03/2021
4,750
26568/16
04/05/2016
Azer Agagasim oglu GASIMLI
1975
Khalid Zakir oglu BAGIROV
Baku
Article 13 of the Convention - absence of an effective domestic remedy
04/03/2021
06/05/2021
4,750
27982/16
30/04/2016
Rashid Mirajdar oglu MANSUROV
1975
Khalid Zakir oglu BAGIROV
Baku
Article 13 of the Convention - absence of an effective domestic remedy
04/03/2021
06/05/2021
4,750
27984/16
30/04/2016
Ulvi Fakhraddin oglu HASANOV
1987
Javad Yusif oglu JAVADOV
Baku
Article 13 of the Convention - absence of an effective domestic remedy
22/01/2021
No reply
5,000
27991/16
05/05/2016
Aytakin Kapitan gizi IMRANOVA
1957
Khalid Zakir oglu BAGIROV
Baku
Article 13 of the Convention - absence of an effective domestic remedy
22/01/2021
24/03/2021
4,750
28535/16
17/05/2016
Ramin Nizami oglu HUSEYNOV
1977
Khalid Zakir oglu BAGIROV
Baku
Article 13 of the Convention - absence of an effective domestic remedy
04/03/2021
06/05/2021
4,750
28738/16
17/05/2016
Hafiz Arkoyun oglu BABALI
1971
Khalid Zakir oglu BAGIROV
Baku
Article 13 of the Convention - absence of an effective domestic remedy
04/03/2021
06/05/2021
4,750
28779/16
17/05/2016
Baybala Alibaba oglu ABIL
1952
Khalid Zakir oglu BAGIROV
Baku
Article 13 of the Convention - absence of an effective domestic remedy
04/03/2021
06/05/2021
4,750
29829/16
11/05/2016
Iltizam Nizam oglu AKBARLI
1957
Hafiz Bashir oglu HASANOV
Baku
04/03/2021
08/05/2021
5,000
30125/16
17/05/2016
Panah Chodar oglu HUSEYN
1957
Khalid Zakir oglu BAGIROV
Baku
Article 13 of the Convention - absence of an effective domestic remedy
04/03/2021
06/05/2021
4,750
30772/16
24/05/2016
Ali Nadir oglu ALIYEV
1967
Khalid Zakir oglu BAGIROV
Baku
Article 13 of the Convention - absence of an effective domestic remedy
04/03/2021
06/05/2021
4,750
31018/16
24/05/2016
Dashgin Agarza oglu NURIYEV
1975
Khalid Zakir oglu BAGIROV
Baku
Article 13 of the Convention - absence of an effective domestic remedy
04/03/2021
06/05/2021
4,750
31035/16
24/05/2016
Beybala Ashraf oglu ALIYEV
1964
Khalid Zakir oglu BAGIROV
Baku
Article 13 of the Convention - absence of an effective domestic remedy
04/03/2021
06/05/2021
4,750
31043/16
24/05/2016
Agahuseyn Safar oglu GOZALOV
1964
Khalid Zakir oglu BAGIROV
Baku
Article 13 of the Convention - absence of an effective domestic remedy
04/03/2021
06/05/2021
4,750
31048/16
24/05/2016
Murad Ali oglu HUSEYNOV
1981
Khalid Zakir oglu BAGIROV
Baku
Article 13 of the Convention - absence of an effective domestic remedy
04/03/2021
06/05/2021
4,750
31289/16
24/05/2016
Vafa Farhad gizi RUSTAM
1984
Khalid Zakir oglu BAGIROV
Baku
Article 13 of the Convention - absence of an effective domestic remedy
04/03/2021
06/05/2021
4,750
31625/16
24/05/2016
Nishat Ahmad oglu MEHDIYEV
1963
Khalid Zakir oglu BAGIROV
Baku
Article 13 of the Convention - absence of an effective domestic remedy
04/03/2021
06/05/2021
4,750
31685/16
24/05/2016
Ramil Litvin oglu RUSTAMOV
1978
Khalid Zakir oglu BAGIROV
Baku
Article 13 of the Convention - absence of an effective domestic remedy
04/03/2021
06/05/2021
4,750
77321/16
08/12/2016
Karim Galamshah oglu KARIMLI
1990
Samad Shahin oglu RAHIMLI
Baku
Article 13 of the Convention - absence of an effective domestic remedy
10/02/2021
No reply
5,000
[1] Plus any tax that may be chargeable to the applicants.