FIRST SECTION

DECISION

Application no . 36898/11 Hasan KARIMOV against Azerbaijan

The European Court of Human Rights ( First Section ), sitting on 9 December 2014 as a Committee composed of:

Mirjana Lazarova Trajkovska , President, Linos-Alexandre Sicilianos , Ksenija Turković , judges,

and André Wampach , Deputy Section Registrar ,

Having regard to the above application lodged on 31 May 2011 ,

Having regard to the declaration submitted by the respondent Government on 15 September 2014 requesting the Court to strike the application out of the list of cases and the applicant ’ s reply to that declaration,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Hasan Huseyn oglu Karimov , is an Azerbaijani national, who was born in 1954 and lives in Baku He was represented before the Court by Mr I. Aliyev , a lawyer practising in Azerbaijan .

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 Article 13 of the Convention about the alleged violation of his right to stand for election in the parliamentary elections of 2010.

The application was communicated to the Government.

After unsuccessful friendly-settlement negotiations, by letter dated 15 September 2014 the Government informed the Court that they proposed to make a declaration with a view to resolving the issues raised by the application. The declaration states as follows:

“The Government wish to express – by way of a unilateral declaration – its acknowledgment that, in the present case, the applicant ’ s rights under Article 3 of Protocol No. 1 were violated.

In this regard, the Government is prepared to pay to the applicant EUR 7,500 (seven thousand five hundred euros) as a compensation for non-pecuniary damage he might have suffered and EUR 1,000 [(one thousand euros)] for the costs and expenses, plus any tax that may be chargeable on this amount...

In the light of the above, the Government would suggest that the circumstances of the present case allow the Court to reach the conclusion that there exists ‘ any other reason ’ , as referred to in Article 37 § 1 (c) of the Convention, justifying to discontinue the examination of the application, and that, moreover, there are no reasons of general character, as defined in Article 37 § 1 in fine , which would require the further examination of the case by virtue of that provision. Accordingly, the Government invite the Court to strike the application out of its list of cases.”

On 17 October 2014 , the Court received a letter from the applicant , dated 13 October 2014, informing the Court that he had agreed to the terms of the Government ’ s declaration. In particular, the letter reads as follows:

“ ... [Y] ou invited me to submit comments on the Government ’ s unilateral declaration in [this case] which the Government invited the Court to strike out of its list of cases. In the unilateral declaration the Government accepted that in the present case the applicant ’ s rights under Article 3 of Protocol No. 1 were violated and the Government is prepared to pay to the applicant EUR 7,500 as a compensation for non ‑ pecuniary damage and EUR 1,000 for the costs and expenses.

As the applicant in the above case, I accept the Government ’ s declaration.”

THE LAW

The Court finds that following the applicant ’ s express agreement to the terms of the declaration made by the Government the case should be treated as a friendly settlement between the parties.

It therefore 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 pursuant to Article 39 of the Convention.

André Wampach Mirjana Lazarova Trajkovska              Deputy Registrar President