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FIRST SECTION

DECISION

Application no. 1476/18
Umman SAFAROV against Azerbaijan
and 19 other applications

(see appended table)

The European Court of Human Rights (First Section), sitting on 23 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 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 6 of the Convention concerning the unfair trial in administrative offence proceedings were communicated to the Azerbaijani Government (“the Government”). In application no. 9826/18, complaints based on the same facts were also communicated under Article 5 of the Convention.

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.

After unsuccessful friendly-settlement negotiations, 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 the unfair trial in administrative offence proceedings. In application no. 9826/18, they further acknowledged that the domestic authorities had violated the applicant’s right guaranteed by Article 5 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 indicated that the amount of compensation provided for in the Government’s unilateral declarations was 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, §§ 7577, ECHR 2003-VI).

The Court has established clear and extensive case-law concerning complaints relating to the unfair trial in administrative offence proceedings (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 Hasanov and Majidli v. Azerbaijan, nos. 9626/14 and 9717/14, 7 October 2021 and Hasanov v. Azerbaijan, [Committee], no. 59202/12, 28 April 2022).

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 (see Yegorov and Others v. Russia [Committee], nos. 32795/16 and 7 others, 12 October 2017, and Kuratov and Others v. Russia [Committee], nos. 24377/15 and 2 others, 22 October 2019) – the Court considers that it is no longer justified to continue the examination of the applications (Article 37 § 1 (c)). As regards the applicants’ objection to the terms of the unilateral declarations, the Court 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 their 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, Antovski and Others v. North Macedonia (dec.) [Committee], no. 68160/17, 8 December 2022).

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 13 April 2023.

Viktoriya Maradudina Alena Poláčková
Acting Deputy Registrar President



APPENDIX

List of applications raising complaints under Article 6 of the Convention

(unfair trial in administrative offence 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 pecuniary and non-pecuniary damage

per applicant

(in euros)[1]

Amount awarded for costs and expenses per application

(in euros)[2]

1476/18

19/12/2017

Umman

Mirsadig oglu SAFAROV

1994

Yalchin

IMANOV

Sumgayit

31/01/2023

10/02/2023

1,000

250

9826/18

10/02/2018

Ahsan

Muzaffar oglu NURUZADE

1976

Yalchin

IMANOV

Sumgayit

31/01/2023

10/02/2023

2,000

250

12725/18

03/03/2018

Huseynaga

Rafayil oglu BUNYATOV

1998

Yalchin

IMANOV

Sumgayit

Fakhraddin

MEHDIYEV

Baku

31/01/2023

10/02/2023

1,000

250

27414/19

07/05/2019

Ramiz

Agababa oglu JAFAROV

1986

Yalchin

IMANOV

Sumgayit

31/01/2023

10/02/2023

1,000

250

34878/19

20/06/2019

Kanan

Ismayil oglu

AZIZLI

1996

Yalchin

IMANOV

Sumgayit

Bahruz

BAYRAMOV

Baku

31/01/2023

10/02/2023

1,000

250

34886/19

20/06/2019

Mehti

Ali oglu

NAGIYEV

1991

Yalchin

IMANOV

Sumgayit

Bahruz

BAYRAMOV

Baku

31/01/2023

10/02/2023

1,000

250

34981/19

20/06/2019

Jeyhun

Arif oglu

ISLAMOV

1980

Yalchin

IMANOV

Sumgayit

Bahruz

BAYRAMOV

Baku

31/01/2023

10/02/2023

1,000

250

35180/19

25/06/2019

Rovshan

Boyukaga oglu GULIYEV

1969

Yalchin

IMANOV

Sumgayit

Fakhraddin

MEHDIYEV

Absheron

31/01/2023

10/02/2023

1,000

250

35433/19

25/06/2019

Sagif

Asgar oglu GURBANOV

1974

Yalchin

IMANOV

Sumgayit

Fakhraddin

MEHDIYEV

Absheron

31/01/2023

10/02/2023

1,000

250

37809/19

08/07/2019

Ayaz

Tofig oglu GASIMOV

1994

Yalchin

IMANOV

Sumgayit

Bahruz

BAYRAMOV

Baku

31/01/2023

10/02/2023

1,000

250

38147/19

08/07/2019

Orkhan

Yusif oglu SALIMZADE

1987

Yalchin

IMANOV

Sumgayit

Bahruz

BAYRAMOV

Baku

31/01/2023

10/02/2023

1,000

250

38161/19

08/07/2019

Shamistan

Nadir oglu HAZIYEV

1997

Yalchin

IMANOV

Sumgayit

Bahruz

BAYRAMOV

Baku

31/01/2023

10/02/2023

1,000

250

38170/19

09/07/2019

Mahir

Shahin oglu RUSTAMLI

1996

Yalchin

IMANOV

Sumgayit

Bahruz

BAYRAMOV

Baku

31/01/2023

10/02/2023

1,000

250

39814/19

16/07/2019

Agil

Khanoglan oglu ALIYEV

1983

Yalchin

IMANOV

Sumgayit

31/01/2023

10/02/2023

1,000

250

46291/19

24/08/2019

Maharram

Shahin oglu RZAYEV

1995

Yalchin

IMANOV

Sumgayit

Fakhraddin

MEHDIYEV

Absheron

31/01/2023

10/02/2023

1,000

250

46296/19

24/08/2019

Tofig

Oruj oglu MAMMADOV

1992

Yalchin

IMANOV

Sumgayit

Fakhraddin

MEHDIYEV

Absheron

31/01/2023

10/02/2023

1,000

250

46305/19

24/08/2019

Baba

Tahir oglu SULEYMANOV

1982

Yalchin

IMANOV

Sumgayit

Fakhraddin

MEHDIYEV

Absheron

31/01/2023

10/02/2023

1,000

250

46332/19

24/08/2019

Nijat

Afgan oglu ABDULLAYEV

1985

Yalchin

IMANOV

Sumgayit

Fakhraddin

MEHDIYEV

Absheron

31/01/2023

10/02/2023

1,000

250

50085/19

14/09/2019

Elchin

Tahir oglu TEYMUROV

1989

Yalchin

IMANOV

Sumgayit

Bahruz

BAYRAMOV

Sumgayit

31/01/2023

10/02/2023

1,000

250

42669/20

08/09/2020

Vafadar Mammadaga oglu ALIYEV

1970

Yalchin

IMANOV

Sumgayit

31/01/2023

10/02/2023

1,000

250


[1] Plus any tax that may be chargeable to the applicants.

[2] Plus any tax that may be chargeable to the applicants.