FIFTH SECTION

DECISION

Application no. 30138/18 Elman Seyidamir oglu AGAYEV

against Azerbaijan

(see appended table)

The European Court of Human Rights (Fifth Section), sitting on 20 October 2022 as a Committee composed of:

Stéphanie Mourou-Vikström , President , Ivana Jelić, Kateřina Šimáčková , judges ,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 12 June 2018,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant’s details are set out in the appended table.

The applicant was represented by Mr A.Z. Aliyev, a lawyer practising in Baku.

The applicant’s complaints under Article 3 of the Convention concerning alleged ill-treatment were communicated to the Azerbaijani Government (“the Government”).

The Court received the 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, subject to an undertaking by the Government to pay him the amount detailed in the appended table. This amount 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 this amount within the above ‑ mentioned three-month period, the Government undertake 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 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 10 November 2022.

Viktoriya Maradudina Stéphanie Mourou-Vikström Acting Deputy Registrar President

APPENDIX

Application raising complaints under Article 3 of the Convention

(alleged ill-treatment)

Application no. Date of introduction

Applicant’s name

Year of birth

Representative’s name and location

Date of receipt of Government’s declaration

Date of receipt of Applicant’s declaration

Amount awarded for non-pecuniary damage and costs and expenses

per applicant

(in euros) [1]

30138/18

12/06/2018

Elman Seyidamir oglu AGAYEV

1979Aliyev Akif Zakir oglu

Baku

02/11/2021

04/12/2021

8,000

[1] Plus any tax that may be chargeable to the applicant.