FIFTH SECTION

DECISION

Application no. 29578/11 Nina Petrovna GRIDNEVA

against Azerbaijan

( s ee appended table)

The European Court of Human Rights (Fifth Section), sitting on 29 Septem ber 2020 as a Committee composed of:

Ganna Yudkivska, President,

Lado Chanturia,

Anja Seibert-Fohr, judges,

and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above application lodged on 5 May 2011,

Having regard to the declaration submitted by the respondent Government requesting the Court to strike the application out of the list of cases, and the applicant ’ s reply to this declaration,

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. Cook, a lawyer practising in London.

The applicant ’ s complaints under Article 5 taken alone and Articles 9 and 10 of the Convention, taken alone and in conjunction with Article 14 of the Convention, concerning the domestic authorities ’ interference with the distribution of religious literature were communicated to the Azerbaijani Government (“the Government”).

The Government submitted a declaration with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the application. The declaration provided as follows:

“1. The Government of the Republic of Azerbaijan hereby wish to express – by way of unilateral declaration – their acknowledgement of the fact that there was a violation of the applicant ’ s rights guaranteed under the Convention.

2. The Government are prepared to pay to the applicant, the sum of EUR 4,500 (four thousand five hundred euros) in total, f or any pecuniary damage and non ‑ pecuniary damage as well as costs and expenses incurred before the Court. This sum shall be free of any tax that may be applicable and shall be payable within three months from the date of the notification of the striking-out judgment of the Court pursuant to Article 37 of the European Convention on Human Rights. From the expiry of the above-mentioned period, simple interest shall be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.

3. In the light of above, the Government would suggest that the circumstances of the present cases allow the Court to reach the conclusion that there exists ‘ any other reason ’ , as referred to in Article 37 § 1 (c) of the Convention, justifying to discontinue the examination of the application, and that, moreover, there are no reasons of a general character, as defined in Article 37 § 1 in fine , which would require the further examination of the case by virtue of that provision. Accordingly, the Government invite the Court to strike the application out of its list of cases.”

The applicant informed the Court that she agreed to the terms of the declaration.

THE LAW

The Court finds that, following the applicant ’ s express agreement to the terms of the declaration made by the Government, the case should be treated as a friendly settlement between the parties.

It therefore 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 the 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 22 October 2020 .

Liv Tigerstedt Ganna Yudkivska Acting Deputy Registrar President

APPENDIX

Application raising complaints under Articles 5, 9, 10 and 14 of the Convention

Application no. Date of introduction

Applicant ’ s name

Year of birth

Date of receipt of Government ’ s declaration

Date of receipt of applicant ’ s acceptance

Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per application

(in euros) [1]

29578/11

05/05/2011

Nina GRIDNEVA

1947

23/06/2020

10/07/2020

4,500

[1] Plus any tax that may be chargeable to the applicant.