SOLTANOV AND OTHERS v. AZERBAIJAN
Doc ref: 24357/10;36844/10;56514/10;10528/11;20631/13;71844/13;23680/14;78696/14;5394/15 • ECHR ID: 001-165451
Document date: June 30, 2016
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FIFTH SECTION
DECISION
Application no . 24357/10 Eyvaz SOLTANOV against Azerbaijan and 8 other applications (see list appended)
The European Court of Human Rights (Fifth Section), sitting on 30 June 2016 as a Committee composed of:
Carlo Ranzoni , President, Faris Vehabović, Khanlar Hajiyev , judges,
and Hasan Bakırcı, Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants and their representatives is set out in the appended table.
The applicants ’ complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 to the Convention conce rning the non ‑ enforcement of domestic decisions were communicated to the Government.
The Court received friendly-settlement declarations under which the applicants agreed to waive any further claims against Azerbaijan in respect of the facts giving rise to these applications, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts will be converted into the currency of the respondent State 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 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 Government also undertake to ensure the enforcement of the domestic decisions under consideration in the cases concerned (see appended table) within the same three-month period, and to pay any costs of the domestic enforcement proceedings.
The payment and the enforcement of the domestic decisions in the cases concerned will constitute the final resolution of the cases.
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.
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 applications. 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;
Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention .
Done in English and notified in writing on 21 July 2016 .
Hasan Bakırcı Carlo Ranzoni Deputy Registrar President
APPENDIX
No.
Application no. Date of introduction
Applicant name
Date of birth /
Date of registration
Representative name and location
Other complaints under well-established case-law
Date of receipt of Government declaration
Date of receipt of Applicant ’ s declaration
Amount awarded for non-pecuniary damage per applicant / household
(in euros) [i]
Amount awarded for costs and expenses per application
(in euros) [ii]
24357/10
14/04/2010
Eyvaz SOLTANOV
25/12/1967
Amila ORUJOVA
Baku
Prot. 1 Art. 1 - Non-enforcement of judgment
26/01/2016
10/02/2016
3,600
500
36844/10
21/06/2010
Arzuman MEHDIYEV
18/07/1957
Prot. 1 Art. 1 - Non-enforcement of judgment
26/01/2016
25/01/2016
3,600
56514/10
20/09/2010
Sarvar NAZAROV
21/01/1969
Sahil GULIYEV
Baku
Prot. 1 Art. 1 - Non-enforcement of judgment
26/01/2016
03/11/2015
3,600
500
10528/11
01/02/2011
Gulnaz SALMANOVA
27/12/1960
Mukhtar
MUSTAFAYEV
Baku
Prot. 1 Art. 1 - Non-enforcement of judgment
27/04/2016
03/11/2015
3,600
500
20631/13
27/02/2013
Arif RUSTAMOV
25/07/1951
Annagi HAJIBEYLI
Baku
Prot. 1 Art. 1 - Non-enforcement of judgment
26/01/2016
06/01/2016
1,800
500
71844/13
22/10/2013
Mammadkhan TEYMUROV
22/06/1957
Ruslan MUSTAFAZADE
Sumgayit
Prot. 1 Art. 1 - Non-enforcement of judgment
26/01/2016
25/01/2016
3,600
500
23680/14
12/03/2014
Beydulla ASLANOV
01/12/1949
Agil
LAYIJOV
Baku
Prot. 1 Art. 1 - Non-enforcement of judgment
26/01/2016
13/11/2015
3,600
78696/14
09/12/2014
Sarkar HUSEYNOV
12/11/1954
Ruslan MUSTAFAZADE
Sumgayit
Prot. 1 Art. 1 - Non-enforcement of judgment
26/01/2016
25/01/2016
2,500
500
5394/15
16/01/2015
Anar GANIYEV
31/05/1981
Ruslan MUSTAFAZADE
Sumgayit
Prot. 1 Art. 1 - Non-enforcement of judgment
26/01/2016
25/01/2016
3,600
500[i] Plus any tax that may be chargeable to the applicants.
[ii] Plus any tax that may be chargeable to the applicants.
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