FIFTH SECTION

DECISION

Application no. 30640/09 Imanzade Alisultan gizi MAMMADOVA against Azerbaijan

The European Court of Human Rights (Fifth Section), sitting on 18 February 2021 as a Committee composed of:

Ganna Yudkivska , President, Ivana Jelić , Arnfinn Bårdsen , judges,

and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above application lodged on 29 May 2009 ,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Ms Imanzade Mammadova , was born in 1949. She was represented by Mr R. Cook, a lawyer practising in London.

The applicant ’ s complaints under Articles 5 and 9 of the Convention and Article 1 of Protocol No. 7 to the Convention concerning her arrest and subsequent deportation for holding a religious meeting were communicated to the Azerbaijani Government (“the Government”).

On 23 October 2020 the applicant ’ s representative informed the Registry that the applicant had died on 14 June 2020 and that Mr L. Moroz , who was the applicant ’ s legal representative in Azerbaijan, wished to pursue the application. He relied in particular on the applicant ’ s power of attorney, written on 30 October 2009, by which the latter had expressed her consent for Mr L. Moroz to continue acting on her behalf if she died before the Court delivered a decision in her case.

THE LAW

The Court has to decide whether Mr L. Moroz can be accepted to pursue the application in the late applicant ’ s stead. In this respect, the Court notes that, where an applicant has died after the application was lodged, it has accepted that the next-of-kin or heir may in principle pursue the application, provided that he or she has sufficient interest in the case (see, for example, Centre for Legal Resources on behalf of Valentin Câmpeanu v. Romania [GC], no. 47848/08, § 97, ECHR 2014, with further references).

In the present case it is undisputed that Mr L. Moroz is not the applicant ’ s heir. The Court also notes that Mr L. Moroz seeks to pursue the case concerning the alleged violation of the rights of the applicant to whom he does not claim to be either closely or distantly related. Mr L . Moroz relies only on a power of attorney signed by the applicant in 2009, in order to pursue the proceedings before the Court, without substantiating his standing to do so (see, for example, Belskiy v. Russia ( dec. ), no. 23593/03, 26 November 2009).

In these circumstances, the Court is bound to find it of decisive importance that the person wishing to pursue the application is neither a close relative nor an heir of the applicant and that he has provided no evidence of his legitimate interest (see Brūzītis , v. Latvia ( dec. ), no. 15028/04 , § 49, 26 August 2014; Léger v. France (striking out) [GC], no. 19324/02, § 50, 30 March 2009; Thévenon v. France ( dec. ), no. 2476/02, ECHR 2006 ‑ III; and Burlya and Others v. Ukraine , no. 3289/10 , §§ 70-73, 6 November 2018 ). It follows that he does not have standing to pursue the proceedings.

In the light of the foregoing, in accordance with Article 37 § 1 (c) of the Convention, the Court considers that it is no longer justified to continue the examination of the application. Furthermore, it does not consider that “respect for human rights as defined in the Convention and the Protocols” requires the examination of the application despite the applicant ’ s death.

Accordingly, 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.

Done in English and notified in writing on 11 March 2021 .

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Liv Tigerstedt Ganna Yudkivska              Acting Deputy Registrar President