FIFTH SECTION

DECISION

Application no. 48710/13 Gudrat AGAYEV against Azerbaijan

The European Court of Human Rights (Fifth Section), sitting on 5 November 2020 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 17 July 2013 ,

Having regard to the formal declaration s accepting a friendly settlement of the case,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Gudrat Salman oglu Agayev , was born in 1968.

The applicant was represented by Mr Guliyev, a lawyer practising in Azerbaijan.

The applicant ’ s complaints under Article 6 of the Convention and Article 1 of Protocol No. 1 to the Convention concerning the alleged unlawful demolition of his shoemaking kiosk and alleged unlawful expropriation of the land underneath it were communicated to the Azerbaijani Government (“the Government”) .

On 11 September 2019 and 30 June 2020, respectively, the Court received the signed friendly-settlement declarations 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, subject to an undertaking by the Government to provide him with a plot of land for business purposes in Sumgayit with a total surface of 150 square metres. This undertaking will be complied with within three months from the date of notification of the Court ’ s decision. In the event of failure of the Government to comply with the conditions of the friendly-settlement declaration within the above-mentioned three-month period, they undertake to pay simple interest on the amount equal to the purchase price of the original property, as specified in the sale and purchase contract of 13 July 2002 concluded by the applicant, 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.

This arrangement 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 26 November 2020 .

Liv Tigerstedt Ganna Yudkivska Acting Deputy Registrar President