MANSUROV v. AZERBAIJAN
Doc ref: 35834/11 • ECHR ID: 001-151192
Document date: January 13, 2015
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FIRST SECTION
DECISION
Application no . 35834/11 Rashid MANSUROV against Azerbaijan
The European Court of Human Rights ( First Section ), sitting on 13 January 2015 as a Committee composed of:
Erik Møse , President, Khanlar Hajiyev , Dmitry Dedov , judges,
and André Wampach , Deputy Section Registrar ,
Having regard to the above application lodged on 17 May 2011 ,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Rashid Mirajdar oglu Mansurov , is an Azerbaijani national, who was born in 1975 and lives in Baku. He was represented before the Court by Mr A. Alizade , a lawyer practising in Baku .
The Azerbaijani Government (“the Government”) were represented by their Agent, Mr Ç. Asgarov .
The applicant complained under Article 3 of Protocol No. 1 to the Convention and Articles 13 and 14 of the Convention about the alleged violation of his right to stand for election in the parliamentary elections of 2010 owing to him being an opposition candidate .
On 26 November and 4 December 2014 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against Azerbaijan in respect of the facts giving rise to this application against an undertaking by the Government to pay him EUR 7,500 (seven thousand five hundred euros ) to cover any non ‑ pecuniary damage as well as EUR 900 (nine hundred euros) to cover any and all costs and expenses, which will be converted into Azerbaijani manats at the rate applicable on the date of payment, and will be free of any taxes that may be applicable and payable within three months from the date of notification of the decision taken by the Court. In the event of failure to pay this sum within the said three-month period, the Government undertook to pay simple interest on it, 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 its Protocols 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 5 February 2015 .
André Wampach Erik Møse Deputy Registrar President