Přehled
Rozhodnutí
FIFTH SECTION
DECISION
Application no. 55239/15
Arzu Habib oglu SAMADBAYLI against Azerbaijan
and 40 other applications
(see appended table)
The European Court of Human Rights (Fifth Section), sitting on 7 October 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 is set out in the appended table.
The applicants’ complaints under Article 3 of Protocol No. 1 to the Convention concerning the alleged breach of their right to stand as candidates in parliamentary elections were communicated to the Azerbaijani Government (“the Government”). In some of the applications, complaints based on the same facts were also communicated under Article 13 of the Convention (see the appended table).
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 the domestic authorities had violated the applicants’ rights guaranteed by the provisions of the Convention relied on by the applicants. 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. 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 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. The Court has not received a response from the applicants in applications nos. 27984/16 and 77321/16 (see the appended table). The remaining applicants rejected the terms of the Government’s unilateral declarations, arguing, inter alia, that the amounts of compensation proposed were too 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, §§ 75‑77, ECHR 2003-VI).
The Court has established clear case-law concerning very similar complaints against Azerbaijan related to violations of the right to stand as a candidate in elections (see, for example, Namat Aliyev v. Azerbaijan, no. 18705/06, 8 April 2010; Tahirov v. Azerbaijan, no. 31953/11, 11 June 2015; and Gahramanli and Others v. Azerbaijan, no. 36503/11, 8 October 2015).
Noting the admissions contained in the Government’s declarations as well as the amounts of compensation proposed – which are consistent with the amounts awarded in recent similar cases concerning electoral rights (see, for example, G.K. v. Belgium, no. 58302/10, § 73, 21 May 2019; Abil v. Azerbaijan (no. 2), no. 8513/11, § 94, 5 December 2019; and Mugemangango v. Belgium [GC], no. 310/15, § 146, 10 July 2020) – 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 28 October 2021.
{signature_p_2}
Viktoriya Maradudina Lado Chanturia
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 3 of Protocol No. 1 to the Convention
(alleged breach of the right to stand as candidates in parliamentary elections)
No. | Application no. | Applicant’s name Year of birth | Representative’s name and location | Other complaints under well‑established case-law | Date of receipt of Government’s declaration | Date of receipt of applicant’s comments, if any | Amount awarded for non‑pecuniary damage and costs and expenses per applicant (in euros)[1] |
55239/15 30/10/2015 | Arzu Habib oglu SAMADBAYLI 1962 | Nemat Aga oglu KARIMLI Baku | 19/01/2021 | 01/03/2021 | 4,750 | ||
12548/16 23/02/2016 | Rauf Ahmad oglu AGAYEV 1962 | Nemat Aga oglu KARIMLI Baku | 22/01/2021 | 01/03/2021 | 4,750 | ||
12552/16 23/02/2016 | Rashid Mikayil oglu NAJAFLI 1956 | Nemat Aga oglu KARIMLI Baku | 22/01/2021 | 01/03/2021 | 4,750 | ||
12558/16 23/02/2016 | Yusif Hajeyib oglu MEHTI 1952 | Nemat Aga oglu KARIMLI Baku | 22/01/2021 | 01/03/2021 | 4,750 | ||
12560/16 26/02/2016 | Nemat Aga oglu KARIMLI 1967 | Self-represented Baku | 19/01/2021 | 01/03/2021 | 4,500 | ||
12563/16 23/02/2016 | Nizami Maharram oglu ALAKBAROV 1958 | Khalid Zakir oglu BAGIROV Baku | Article 13 of the Convention – absence of an effective domestic remedy | 10/02/2021 | 24/03/2021 | 4,750 | |
12568/16 23/02/2016 | Shohrat Asad oglu MAMMADZADA 1972 | Khalid Zakir oglu BAGIROV Baku | Article 13 of the Convention – absence of an effective domestic remedy | 22/01/2021 | 24/03/2021 | 4,750 | |
12582/16 23/02/2016 | Iman Ibish oglu IMANOV 1950 | Khalid Zakir oglu BAGIROV Baku | Article 13 of the Convention - absence of an effective domestic remedy | 10/02/2021 | 24/03/2021 | 4,750 | |
12606/16 23/02/2016 | Akif Isa oglu HUSEYNOV 1955 | Khalid Zakir oglu BAGIROV Baku | Article 13 of the Convention - absence of an effective domestic remedy | 22/01/2021 | 24/03/2021 | 4,750 | |
12613/16 23/02/2016 | Mubariz Agasala oglu SALAYEV 1963 | Nemat Aga oglu KARIMLI Baku | 19/01/2021 | 01/03/2021 | 4,750 | ||
12618/16 23/02/2016 | Mazahir Zahid oglu MAMMADOV 1967 | Nemat Aga oglu KARIMLI Baku | 19/01/2021 | 01/03/2021 | 4,750 | ||
12629/16 22/02/2016 | Nasiman Gara oglu YAGUBLU 1962 | Nemat Aga oglu KARIMLI Baku | 22/01/2021 | 01/03/2021 | 4,750 | ||
12634/16 22/02/2016 | Nadir Azim oglu GAFARLI 1948 | Nemat Aga oglu KARIMLI Baku | 22/01/2021 | 01/03/2021 | 4,750 | ||
12643/16 23/02/2016 | Nushaba Agabala gizi SADIKHLI 1949 | Nemat Aga oglu KARIMLI Baku | 19/01/2021 | 01/03/2021 | 4,750 | ||
12645/16 23/02/2016 | Ragif Mahi oglu KARIMLI 1950 | Nemat Aga oglu KARIMLI Baku | 22/01/2021 | 01/03/2021 | 4,750 | ||
13073/16 24/02/2016 | Mirmahmud Mirali oglu FATTAYEV 1956 | Khalid Zakir oglu BAGIROV Baku | Article 13 of the Convention - absence of an effective domestic remedy | 10/02/2021 | 24/03/2021 | 4,750 | |
13078/16 24/02/2016 | Ahad Farhad oglu MAMMADLI 1982 | Khalid Zakir oglu BAGIROV Baku | Article 13 of the Convention - absence of an effective domestic remedy | 10/02/2021 | 24/03/2021 | 4,750 | |
17282/16 24/03/2016 | Tamilla Famil gizi GULAMI 1983 | Khalid Zakir oglu BAGIROV Baku | Article 13 of the Convention - absence of an effective domestic remedy | 10/02/2021 | 24/03/2021 | 4,750 | |
18209/16 25/03/2016 | Mirzakulla Mirovla oglu ZAKI 1956 | Khalid Zakir oglu BAGIROV Baku | Article 13 of the Convention - absence of an effective domestic remedy | 22/01/2021 | 24/03/2021 | 4,750 | |
18212/16 25/03/2016 | Nizami Yagub oglu ABDURRAZAKOV 1961 | Khalid Zakir oglu BAGIROV Baku | Article 13 of the Convention - absence of an effective domestic remedy | 22/01/2021 | 24/03/2021 | 4,750 | |
18562/16 24/03/2016 | Khalid Zakir oglu BAGIROV 1976 | Self-represented Baku | Article 13 of the Convention - absence of an effective domestic remedy | 22/01/2021 | 24/03/2021 | 4,500 | |
18568/16 25/03/2016 | Aynur Gafar gizi BAGIRZADA 1976 | Khalid Zakir oglu BAGIROV Baku | Article 13 of the Convention - absence of an effective domestic remedy | 22/01/2021 | 24/03/2021 | 4,750 | |
20702/16 01/04/2016 | Dadash Rashid oglu AHMADLI 1969 | Nemat Aga oglu KARIMLI Baku | 19/01/2021 | 01/03/2021 | 4,750 | ||
26568/16 04/05/2016 | Azer Agagasim oglu GASIMLI 1975 | Khalid Zakir oglu BAGIROV Baku | Article 13 of the Convention - absence of an effective domestic remedy | 04/03/2021 | 06/05/2021 | 4,750 | |
27982/16 30/04/2016 | Rashid Mirajdar oglu MANSUROV 1975 | Khalid Zakir oglu BAGIROV Baku | Article 13 of the Convention - absence of an effective domestic remedy | 04/03/2021 | 06/05/2021 | 4,750 | |
27984/16 30/04/2016 | Ulvi Fakhraddin oglu HASANOV 1987 | Javad Yusif oglu JAVADOV Baku | Article 13 of the Convention - absence of an effective domestic remedy | 22/01/2021 | No reply | 5,000 | |
27991/16 05/05/2016 | Aytakin Kapitan gizi IMRANOVA 1957 | Khalid Zakir oglu BAGIROV Baku | Article 13 of the Convention - absence of an effective domestic remedy | 22/01/2021 | 24/03/2021 | 4,750 | |
28535/16 17/05/2016 | Ramin Nizami oglu HUSEYNOV 1977 | Khalid Zakir oglu BAGIROV Baku | Article 13 of the Convention - absence of an effective domestic remedy | 04/03/2021 | 06/05/2021 | 4,750 | |
28738/16 17/05/2016 | Hafiz Arkoyun oglu BABALI 1971 | Khalid Zakir oglu BAGIROV Baku | Article 13 of the Convention - absence of an effective domestic remedy | 04/03/2021 | 06/05/2021 | 4,750 | |
28779/16 17/05/2016 | Baybala Alibaba oglu ABIL 1952 | Khalid Zakir oglu BAGIROV Baku | Article 13 of the Convention - absence of an effective domestic remedy | 04/03/2021 | 06/05/2021 | 4,750 | |
29829/16 11/05/2016 | Iltizam Nizam oglu AKBARLI 1957 | Hafiz Bashir oglu HASANOV Baku | 04/03/2021 | 08/05/2021 | 5,000 | ||
30125/16 17/05/2016 | Panah Chodar oglu HUSEYN 1957 | Khalid Zakir oglu BAGIROV Baku | Article 13 of the Convention - absence of an effective domestic remedy | 04/03/2021 | 06/05/2021 | 4,750 | |
30772/16 24/05/2016 | Ali Nadir oglu ALIYEV 1967 | Khalid Zakir oglu BAGIROV Baku | Article 13 of the Convention - absence of an effective domestic remedy | 04/03/2021 | 06/05/2021 | 4,750 | |
31018/16 24/05/2016 | Dashgin Agarza oglu NURIYEV 1975 | Khalid Zakir oglu BAGIROV Baku | Article 13 of the Convention - absence of an effective domestic remedy | 04/03/2021 | 06/05/2021 | 4,750 | |
31035/16 24/05/2016 | Beybala Ashraf oglu ALIYEV 1964 | Khalid Zakir oglu BAGIROV Baku | Article 13 of the Convention - absence of an effective domestic remedy | 04/03/2021 | 06/05/2021 | 4,750 | |
31043/16 24/05/2016 | Agahuseyn Safar oglu GOZALOV 1964 | Khalid Zakir oglu BAGIROV Baku | Article 13 of the Convention - absence of an effective domestic remedy | 04/03/2021 | 06/05/2021 | 4,750 | |
31048/16 24/05/2016 | Murad Ali oglu HUSEYNOV 1981 | Khalid Zakir oglu BAGIROV Baku | Article 13 of the Convention - absence of an effective domestic remedy | 04/03/2021 | 06/05/2021 | 4,750 | |
31289/16 24/05/2016 | Vafa Farhad gizi RUSTAM 1984 | Khalid Zakir oglu BAGIROV Baku | Article 13 of the Convention - absence of an effective domestic remedy | 04/03/2021 | 06/05/2021 | 4,750 | |
31625/16 24/05/2016 | Nishat Ahmad oglu MEHDIYEV 1963 | Khalid Zakir oglu BAGIROV Baku | Article 13 of the Convention - absence of an effective domestic remedy | 04/03/2021 | 06/05/2021 | 4,750 | |
31685/16 24/05/2016 | Ramil Litvin oglu RUSTAMOV 1978 | Khalid Zakir oglu BAGIROV Baku | Article 13 of the Convention - absence of an effective domestic remedy | 04/03/2021 | 06/05/2021 | 4,750 | |
77321/16 08/12/2016 | Karim Galamshah oglu KARIMLI 1990 | Samad Shahin oglu RAHIMLI Baku | Article 13 of the Convention - absence of an effective domestic remedy | 10/02/2021 | No reply | 5,000 |
[1] Plus any tax that may be chargeable to the applicants.