FIFTH SECTION
DECISION
Applications nos. 1308/12 and 70109/13
Tariel SHIRINLI against Azerbaijan
and Heybat AMRAH against Azerbaijan
(see appended table)
The European Court of Human Rights (Fifth Section), sitting on 25 November 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 and their representatives is set out in the appended table.
The applicants’ complaints under Article 5 § 1 and Article 6 §§ 1 and 3 (c) of the Convention concerning their alleged unlawful detention, unfairness of administrative offence proceedings against them and the lack of effective legal assistance were communicated to the Azerbaijani Government (“the Government”).
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 there had been a violation of the applicants’ rights guaranteed under Articles 5 and 6 of the Convention. 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. The amounts would be converted into the currency of the respondent State at the rate applicable on the date of payment and would 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. In reply, the applicants submitted that they were not satisfied with the terms of the unilateral declarations. In particular, they contended that the amounts of compensation provided for in the Government’s unilateral declarations were low. Additionally, the applicant in application no. 70109/13 also refused the Government’s unilateral declaration considering that the delivery of a judgment by the Court would be more effective way resolving the systematic violation of the Convention in Azerbaijan.
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 and extensive case-law concerning complaints relating to the administrative arrest and detention in breach of the right to liberty and the subsequent administrative offence proceedings contrary to the guarantees of a fair hearing (see, for example, Gafgaz Mammadov v. Azerbaijan, no. 60259/11, 15 October 2015; Huseynli and Others v. Azerbaijan, nos. 67360/11 and 2 others, 11 February 2016, and Nasirov and Others v. Azerbaijan, no. 58717/10, 20 February 2020). As regards the applicants’ objections to the terms of the unilateral declarations, it has, in the absence of further details, no reasons to consider that the compensation offered by the Government constitutes inadequate or otherwise unreasonable redress for the violation of his Convention rights (see Ryabkin and Volokitin v. Russia (dec.), nos. 52166/08 and 8526/09, §§ 49‑50, 28 June 2016, and Igranov and Others v. Russia, nos. 42399/13 and 8 others, § 24, 20 March 2018, and, for a similar approach recently, Korol v. Russia (dec.) [Committee], no. 20129/18, 20 May 2021).
Noting the admissions contained in the Government’s declarations as well as the amount of compensation proposed – which is consistent with the amounts awarded in similar cases – 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 16 December 2021.
Viktoriya Maradudina Lado Chanturia
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 5 § 1 and Article 6 §§ 1 and 3 (c) of the Convention
(unlawful detention and lack of fairness of the criminal 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 comments
Amount awarded for non-pecuniary damage
per applicant
(in euros)[1]
Amount awarded for costs and expenses per application
(in euros)[2]
1308/12
27/10/2011
Tariel Adishirin oglu SHIRINLI
1955
Intigam
ALIYEV
Absheron
16/07/2021
02/09/2021
3,000
500
70109/13
22/10/2013
Heybat
Salman oglu
AMRAH
1967
Nemat
KARIMLI
Baku
16/07/2021
29/08/2021
6,000
500
[1] Plus any tax that may be chargeable to the applicants.
[2] Plus any tax that may be chargeable to the applicants.