FIRST SECTION
DECISION
Application no. 10712/20
Hikmat SAMADOV against Azerbaijan
and 5 other applications
(see appended table)
The European Court of Human Rights (First Section), sitting on 9 March 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 § 1 of the Convention and Article 1 of Protocol No. 1 concerning the non-enforcement or delayed enforcement of domestic decisions 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 Government also undertake to ensure the enforcement of the domestic decisions under consideration in all the cases within the same three-month period, and to pay any costs of the domestic enforcement proceedings.
The payment and the enforcement of the domestic decisions in the cases concerned 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 30 March 2023.
Viktoriya Maradudina Alena Poláčková
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1
(non-enforcement or delayed enforcement of domestic decisions)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Relevant domestic decision
Date of receipt of Government’s declaration
Date of receipt of applicant’s declaration
Amount awarded for non-pecuniary damage
per applicant
(in euros)[1]
Amount awarded for costs and expenses per application
(in euros)[2]
10712/20
24/12/2019
Hikmat
Fatulla oglu
SAMADOV
1956
Yalchin
IMANOV
Sumgayit
Baku Court of Appeal, 26/11/2015
16/01/2023
08/01/2023
3,600
250
28350/21
25/05/2021
Ramiz
Hasangulu oglu RIZAYEV
1939
Fuad
AGAYEV
Baku
Supreme Court,
23/07/2019
13/01/2023
09/12/2022
1,500
250
39030/21
22/07/2021
Iskandar
Tofig oglu ISKANDAROV
1969
Leyla
ABUZARLI
Baku
Surakhani District Court, 06/12/2011
16/01/2023
01/09/2022
3,600
250
49961/21
30/09/2021
Asaf
Nuri oglu
NURIYEV
1961
Sevinj
ALIYEVA
Baku
Khatai District Court, 30/03/2016
16/01/2023
08/09/2022
3,600
250
57369/21
19/10/2021
Dakhil
Kamil oglu
NAZAROV
1961
Gulam
ISMAYILZADE
Baku
Surakhani District Court, 10/01/2012
16/01/2023
18/11/2022
3,600
250
21288/22
20/04/2022
Rahib
Yamil oglu MAMMADOV
1980
Vasif
RAMAZANOV
Baku
Supreme Court,
14/08/2017
13/01/2023
15/01/2023
3,000
250
[1] Plus any tax that may be chargeable to the applicants.
[2] Plus any tax that may be chargeable to the applicants.