FIFTH SECTION

DECISION

Application no. 5117/10 Hamzali Adil oglu MAMMADGULIYEV against Azerbaijan

(s ee appended table)

The European Court of Human Rights (Fifth Section), sitting on 10 October 2019 as a Committee composed of:

Ganna Yudkivska, President, André Potocki, Yonko Grozev, judges,

and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above application lodged on 16 January 2010 ,

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

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 E.A. Sadıqov, a lawyer practising in Baku.

The applicant ’ s 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 Court received friendly-settlement declarations 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 pay him the amount s detailed in the appended table. These amounts will 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 undertake 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 payment 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 31 October 2019 .

Liv Tigerstedt Ganna Yudkivska Acting Deputy Registrar President

APPENDIX

Application raising complaints under Article 5 § 3 of the Convention

( excessive length of pre-trial detention )

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

declaration

Amount awarded for non-pecuniary damage

(in euros) [i]

Amount awarded for costs and expenses per application

(in euros) [ii]

5117/10

16/01/2010

Hamzali Adil oglu Mammadguliyev

25/09/1981

Sadıqov Elchin Ali oglu

Baku

11/03/2019

18/02/2019

3,000

500[i] . Plus any tax that may be chargeable to the applicants.

[ii] . Plus any tax that may be chargeable to the applicants.