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HASHIMLI AND OTHERS v. AZERBAIJAN
Doc ref: 27667/19;35877/19;36270/19;42877/19 • ECHR ID: 001-208440
Document date: February 4, 2021
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HASHIMLI AND OTHERS v. AZERBAIJAN
Doc ref: 27667/19;35877/19;36270/19;42877/19 • ECHR ID: 001-208440
Document date: February 4, 2021
Cited paragraphs only
FIFTH SECTION
DECISION
Application no. 27667/19 Parviz HASHIMLI against Azerbaijan and 3 other applications
(s ee appended table)
The European Court of Human Rights (Fifth Section), sitting on 4 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 s lodged on the various dates indicated in the appended table,
Having regard to the formal declaration s accepting a friendly settlement of the case s ,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicant s and their representatives is set out in the appended table.
The applicants ’ complaints under Article 2 of Protocol No. 4 to the Convention and Articles 10 and 13 of the Convention concerning the violation of their Convention rights on account of the imposition of travel bans on them by the domestic authorities were communicated to the Azerbaijani Government (“the Government”). The applicants in applications nos. 27667/19, 36270/19 and 42877/19 made a further complaint under Article 18 of the Convention.
On 12 November 2020 the Court received the declarations from the Government regarding a friendly settlement of these cases. The declarations, which had an identical content, except the names of the applicants, provided as follows:
“ I hereby declare that the Government of Azerbaijan offer to pay ex gratia with a view to securing a friendly settlement of the above application pending before the Court , 5,000 euros to [name of the applicant] to cover any pecuniary and non ‑ pecuniary damage and 1,000 euros to cover any costs and expenses, plus any tax that may be chargeable to the applicant on this amount.
These sums 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 decision taken by the Court to strike the case out of its list of cases. In the event of failure to pay these sums within the said three-month period, the Government undertake to pay simple interest on them, from 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 acceptance of the above terms by the applicant will constitute the final solution of the case.”
On various dates the applicants informed the Court that they agreed to the terms of the Government ’ s declarations.
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 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 applications.
In view of the above, it is appropriate to strike the case s out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention .
Done in English and notified in writing on 25 February 2021 .
{signature_p_2}
Liv Tigerstedt Ganna Yudkivska Acting Deputy Registrar President
APPENDIX
List of applications raising complaints mainly under Article 2 of Protocol No. 4 and Article 13 of the Convention
( imposition of travel bans )
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 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]
27667/19
07/05/2019
Parviz Kamran oglu HASHIMLI
1981Zibeyda Sadigova
Baku
12/11/2020
17/12/2020
5,000
1,000
35877/19
07/06/2019
Mustafa Mustafa oglu HAJILI
1972Nemat Karimli
Baku
12/11/2020
27/11/2020
5,000
1,000
36270/19
30/04/2019
Ayaz Habib oglu MAHARRAMOV
1982Tural Hajibeyli
Baku
12/11/2020
11/12/2020
5,000
1,000
42877/19
24/06/2019
Anar Shahin oglu MAMMADOV
1979Zibeyda Sadigova
Baku
12/11/2020
17/12/2020
5,000
1,000
[1] Plus any tax that may be chargeable to the applicants.
[2] Plus any tax that may be chargeable to the applicants.
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