FIFTH SECTION

DECISION

Application no. 72489/11 Samand MAMMADOV against Azerbaijan and 6 other applications

( s ee appended table)

The European Court of Human Rights (Fifth Section), sitting on 30 April 2020 as a Committee composed of:

Gabriele Kucsko-Stadlmayer , President, Mārtiņš Mits , Lәtif Hüseynov , 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 declarations submitted by the respondent Government requesting the Court to strike the applications out of the list of cases,

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 5 § 3 of the Convention concerning the excessive length of pre-trial detention were communicated to the Azerbaijani Government (“the Government”) .

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 .

After unsuccessful friendly-settlement negotiations, the Government informed the Court that they proposed to make unilateral declarations with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the applications in accordance with Article 37 of the Convention

The Government acknowledged the excessive length of pre-trial detention . They offered to pay the applicants the amount s detailed in the appended table and invited the Court to strike the applications out of the list of cases in accordance with Article 37 § 1 (c) of the Convention. The amount s would be payable within three months from the date of notification of the Court ’ s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertook to pay simple interest on them, 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.

The applicant s were sent the terms of the Government ’ s unilateral declarations. The applicants contested the amount of compensation offered in the Government ’ s unilateral declarations, stating that it was too low. The applicants also stated that respect for human rights for the purposes of Article 37 of the Convention required the Court to continue its examination of the merits of their applications.

The Court observes that Article 37 § 1 (c) enables it to strike cases 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 unilateral declarations by a respondent Government even if the applicant s wish the examination of the cases to be continued (see, in particular, Tahsin Acar v. Turkey (preliminary objections) [GC], no. 26307/95, §§ 75 ‑ 77, ECHR 2003-VI).

The Court has established clear and extensive case-law concerning complaints relating to the excessive length of pre-trial detention (see, for example, Farhad Aliyev v. Azerbaijan, no. 37138/06, 9 November 2010; Isayeva v. Azerbaijan, no. 36229/11, 25 June 2015; and Zayidov v. Azerbaijan , no. 11948/08 , 20 February 2014 ).

Noting the admissions contained in the Government ’ s declarations as well as the amount of compensation proposed – which is consistent with the amounts awarded in similar cases – the Court considers that it is no longer justified to continue the examination of the applications (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 applications (Article 37 § 1 in fine ).

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

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

For these reasons, the Court, unanimously,

Decides to join the applications;

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

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

Done in English and notified in writing on 4 June 2020 .

Liv Tigerstedt Gabriele Kucsko-Stadlmayer Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 5 § 3 of the Convention

( excessive length of pre-trial detention )

No.

Application no. Date of introduction

Applicant ’ s name

Date of birth

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, non ‑ pecuniary, damage and costs and expenses per applicant

(in euros)

72489/11

20/10/2011

Samand Rashid oglu Mammadov

11/12/1959

Sadıqov Elchin Ali oglu

Baku

12/09/2018

22/10/2018

3,000

12541/13

07/10/2013

Taleh Kamil oglu Bagirov

23/06/1984

Javadov Javad Yusif oglu

Baku

12/09/2018

24/10/2018

3,000

71584/14

31/10/2014

Ismayil Isakh oglu Mammadov

25/11/1968

Mustafazade Ruslan Asabali oglu

Sumgayit

12/09/2018

05/10/2018

3,000

74567/14

27/11/2014

Eldaniz Balamat oglu Hajiyev

02/02/1974

Mustafazade Ruslan Asabali oglu

Sumgayit

12/09/2018

05/10/2018

3,000

2876/15

05/01/2015

Aflan Nizami oglu Samadov

08/12/1983

Bagirov Khalid Zakir oglu

Baku

12/09/2018

23/10/2018

3,000

45019/16

20/07/2016

Rashad Mehdi oglu Ibrahimov

22/03/1986

Humbatova Shahla Kinyaz gizi

Baku

12/09/2018

14/10/2018

3,000

71943/17

18/09/2017

Elkhan Sayadulla oglu Isgandarov

03/11/1983

Namazli Fariz Mubariz oglu

Baku

03/05/2019

29/06/2019

3,000