FIFTH SECTION

DECISION

Application no . 44677/13 Nazim GARAYEV against Azerbaijan

The European Court of Human Rights (Fifth Section), sitting on 19 October 2017 as a Committee composed of:

Nona Tsotsoria , President, Gabriele Kucsko-Stadlmayer, Lәtif Hüseynov , judges,

and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above application lodged on 2 July 2013 ,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant was represented by Mr S. Guliyev, a lawyer practising in Azerbaijan.

The applicant ’ s complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 to the Convention concerning the non ‑ enforcement of domestic decision were communicated to the Azerbaijani Government (“the Government”) .

On 15 January and 25 February 2016 t he Court received friendly ‑ settlement declarations under which the Government undertook to pay the applicant 19,000 (nineteen thousand) Azerbaijani manats to cover pecuniary and non-pecuniary damage as well as costs and expenses. This amount will be payable within three months from the date of notification of the Court ’ s decision. In the event of failure to pay this amount within the above-mentioned three-month period, the Government undertake to pay, until settlement, simple interest on the amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points. The Government also undertook to ensure the enforcement of the domestic decision under consideration in the case .

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 9 November 2017 .

Liv Tigerstedt Nona Tsotsoria Acting Deputy Registrar President