FIFTH SECTION

DECISION

Application no. 12739/13 RELIGIOUS COMMUNITY OF JEHOVAH ’ S WITNESSES against Azerbaijan

( s ee appended table)

The European Court of Human Rights (Fifth Section), sitting on 3 September 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 15 February 2013,

Having regard to the declaration submitted by the respondent Government requesting the Court to strike the application out of the list of cases,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant is the Religious Community of Jehovah ’ s Witnesses, registered by the Ministry of Justice on 22 December 1999 .

The applicant was represented by Mr R. Cook, a lawyer practising in London.

The applicant ’ s complaints under Articles 9 and 10 of the Convention, taken alone and in conjunction with Article 14 of the Convention, concerning the domestic authorities ’ refusal to allow import of some religious books were communicated to the Azerbaijani Government (“the Government”).

THE LAW

The Government informed the Court that they proposed to make a unilateral declaration with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the application in accordance with Article 37 of the Convention.

The declaration provided as follows:

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

2. The Government is prepared to pay to the applicant, Religious Community of Jehovah ’ s Witnesses, the sum of 3,000 euros (EUR) to cover any damages and costs and expenses, plus any tax that may be chargeable to the applicant on this amount. 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 § 1 (c) of the European Convention on Human Rights. From the expiry of the above-mentioned period, simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.

...

4. 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 invites the Court to strike the application out of its list of cases.”

By a letter of 9 October 2019, the applicant indicated that it was not satisfied with the terms of the unilateral declaration. In particular, it contended that the issues raised in the present application have not been determined by the Court in previous cases against the respondent State and that the Government ’ s unilateral declaration did not address the problems underlying the alleged violations of the Convention.

The Court observes that Article 37 § 1 (c) enables it to strike a case out of its list if:

“... for any other reason established by the Court, it is no longer justified to continue the examination of the application”.

Thus, it may strike out applications under Article 37 § 1 (c) on the basis of a unilateral declaration by a respondent Government even if an applicant wishes the examination of the case to be continued (see, in particular, the Tahsin Acar v. Turkey judgment (preliminary objections) [GC], no. 26307/95, §§ 75 ‑ 77, ECHR 2003-VI).

The Court has established clear and extensive case-law relating to complaints about the domestic authorities ’ interference with dissemination of religious publications (see, for example, Ibragim Ibragimov and Others v. Russia , nos. 1413/08 and 28621/11 , §§ 78-124, 28 August 2018, and Religious Community of Jehovah ’ s Witnesses v. Azerbaijan , no. 52884/09, §§ 24-26, 20 February 2020).

Having regard to the nature of the admissions contained in the Government ’ s declaration as well as the amount of compensation proposed – which is consistent with the amounts awarded in similar cases (see Religious Community of Jehovah ’ s Witnesses , cited above, § 50) – the Court considers that it is no longer justified to continue the examination of the application (Article 37 § 1 (c)).

In the light of the above considerations, the Court is satisfied that respect for human rights as defined in the Convention and the Protocols thereto does not require it to continue the examination of the application (Article 37 § 1 in fine ).

Finally, the Court emphasises that, should the Government fail to comply with the terms of their unilateral declaration, the application may be restored to the list in accordance with Article 37 § 2 of the Convention (see Josipović v. Serbia ( dec. ), no. 18369/07, 4 March 2008).

In view of the above, it is appropriate to strike the case out of the list .

For these reasons, the Court, unanimously,

Takes note of the terms of the respondent Government ’ s declaration and of the arrangements for ensuring compliance with the undertakings referred to therein;

Decides to strike the application out of its list of cases in accordance with Article 37 § 1 (c) of the Convention.

Done in English and notified in writing on 24 September 2020 .

Liv Tigerstedt Ganna Yudkivska Acting Deputy Registrar President

APPENDIX

Application raising complaints under Articles 9, 10 and 14

of the C onvention

Application no. Date of introduction

Applicant ’ s name

Date of registration

Representative ’ s name and location

Date of receipt of Government ’ s declaration

Date of receipt of applicant ’ s comments, if any

Amount awarded for pecuniary and non-pecuniary damage and cost and expenses

(in euros) [1]

12739/13

15/02/2013

RELIGIOUS COMMUNITY OF JEHOVAH ’ S WITNESSES

22/12/1999

Cook Richard

London

09/09/2019

09/10/2019

3,000

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