FIFTH SECTION

DECISION

Application no. 70649/13 Etibar HÃœSEYNOV

against Azerbaijan

The European Court of Human Rights (Fifth Section), sitting on 17 January 2019 as a Committee composed of:

Síofra O ’ Leary, President, Mārtiņš Mits, Lado Chanturia, judges, and Liv Tigerstedt, Acting Dep uty Section Registrar,

Having regard to the above application lodged on 29 October 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 Etibar Huseynov, is an Azerbaijani national, who was born in 1990 and lives in Baku. He was represented by Mr K. Bagirov, a lawyer practising in Azerbaijan.

The applicant ’ s complaint under Article 5 § 3 of the Convention concerning the excessive length of pre-trial detention was communicated to the Azerbaijani Government (“the Government”) .

On 13 July and 24 October 2018 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 the application, subject to an undertaking by the Government to pay him 3,900 (three thousand nine hundred) euros (EUR) to cover non-pecuniary damage and EUR 500 (five hundred) to cover any costs and expenses, plus any tax that may be chargeable to him on the s e amount s . Th e s e amount s will be converted into Azerbaijani manats at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the Court ’ s decision. In the event of failure to pay th e s e amount s within the above-mentioned three-month period, the Governme nt will pay simple interest on t hem , 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 in the case 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 7 February 2019 .

Liv Tigerstedt Síofra O ’ Leary Acting Deputy Registrar President