Přehled
Rozhodnutí
FIRST SECTION
DECISION
Application no. 42781/13
Ilgar Mukhtar oglu RZAYEV
against Azerbaijan
(see appended table)
The European Court of Human Rights (First Section), sitting on 19 January 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 application lodged on 10 June 2013,
Having regard to the declaration submitted by the respondent Government and the applicant’s reply to that declaration,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant’s details are set out in the appended table.
The applicant was represented by Mr A. Mustafayev and Mr R. Mustafazade, lawyers based in Azerbaijan.
The applicant’s complaints under Articles 6, 14 and 18 of the Convention were communicated to the Azerbaijani Government (“the Government”).
The Court received a declaration from the Government with a view to securing a friendly settlement with the applicant. They offered to pay ex‑gratia to the applicant the amounts set out in the amended 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 payment will constitute the final resolution of the case.
The applicant informed the Court that he agreed to the terms of the declaration.
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 9 February 2023.
Viktoriya Maradudina Alena Poláčková
Acting Deputy Registrar President
APPENDIX
Application raising complaints under Articles 6, 14 and 18 of the Convention
(unfairness of criminal proceedings)
Application no. | 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 per applicant (in euros)[1] | Amount awarded for costs and expenses per application (in euros)[2] |
42781/13 10/06/2013 | Ilgar RZAYEV 1979 | Ruslan MUSTAFAZADE Asabali MUSTAFAYEV Sumgayit | 26/10/2022 | 18/11/2022 | 5,000 | 1,500 (to be paid directly to the representative Mr Ruslan Mustafazade’s bank account) |
[1] Plus any tax that may be chargeable to the applicant.
[2] Plus any tax that may be chargeable to the applicant.