FIFTH SECTION
DECISION
Application no. 41490/20
Natig ISBATOV
against Azerbaijan
(see appended table)
The European Court of Human Rights (Fifth Section), sitting on 2 June 2022 as a Committee composed of:
Stéphanie Mourou-Vikström, President,
Ivana Jelić,
Kateřina Šimáčková, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 12 August 2020,
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.
The applicant was represented by Ms Z. Sadigova, a lawyer based in Azerbaijan.
The applicant’s complaints under Article 2 of Protocol No. 4 to the Convention and Article 13 of the Convention concerning the imposition of a travel ban on him by the domestic authorities and the lack of any effective remedy in this respect 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 Government also indicated that as of the date of this declaration, there is no travel ban imposed on the applicant.
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 23 June 2022.
Viktoriya Maradudina Stéphanie Mourou-Vikström
Acting Deputy Registrar President
APPENDIX
Application raising complaints Article 2 of Protocol No. 4 to the Convention and Article 13 of the Convention
(imposition of the travel ban and lack of an effective domestic remedy in this respect)
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
(in euros)[1]
Amount awarded for costs and expenses
(in euros)[2]
41490/20
12/08/2020
Natig Isgandar oglu ISBATOV
1986
Zibeyda Sadigova
Baku
15/04/2022
09/02/2022
4,000
2,000
(to be paid directly to the bank account of the applicant’s representative)
[1] Plus any tax that may be chargeable to the applicant.
[2] Plus any tax that may be chargeable to the applicant.