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ABBASLI v. AZERBAIJAN

Doc ref: 65240/13 • ECHR ID: 001-211960

Document date: August 26, 2021

Inbound citations: 1
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Cited paragraphs: 0
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ABBASLI v. AZERBAIJAN

Doc ref: 65240/13 • ECHR ID: 001-211960

Document date: August 26, 2021

Cited paragraphs only

FIFTH SECTION

DECISION

Application no. 65240/13 Tural Feyruz oglu ABBASLI

against Azerbaijan

(see appended table)

The European Court of Human Rights (Fifth Section), sitting on 26 August 2021 as a Committee composed of:

Stéphanie Mourou-Vikström, President, Jovan Ilievski, Mattias Guyomar, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 19 September 2013,

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 Mr R. Mustafazade and Mr A. Mustafayev, lawyers based in Azerbaijan.

The applicant’s complaint under Article 6 § 1 of the Convention concerning the alleged lack of fairness of the criminal proceedings against him was 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, and the Government undertook 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 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 16 September 2021.

{signature_p_2}

Viktoriya Maradudina Stéphanie Mourou-Vikström Acting Deputy Registrar President

APPENDIX

Application raising complaints under Article 6 § 1 of the Convention

(lack of fairness of the criminal proceedings)

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 non ‑ pecuniary damage

per applicant (in euros) [1]

Amount awarded for costs and expenses per application

(in euros) [2]

65240/13

19/09/2013

Tural Feyruz oglu

ABBASLI

1982Ruslan MUSTAFAZADE

Sumgayit

Asabali

MUSTAFAYEV

Sumgayit

20/05/2021

31/05/2021

4,000

500To be paid directly to the representative

Mr R.

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.

LEXI

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