BALAKISHIYEV AND OTHERS v. AZERBAIJAN
Doc ref: 57037/16, 14303/17, 18149/17, 26105/17, 27188/17, 27204/17, 37684/17, 64582/17, 64587/17, 70295/17, ... • ECHR ID: 001-215142
Document date: December 9, 2021
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FIFTH SECTION
DECISION
Application no. 57037/16 Matlab BALAKISHIYEV and Sevinj SURKHAYEVA
against Azerbaijan and 15 other applications
(see appended table)
The European Court of Human Rights (Fifth Section), sitting on 9 December 2021 as a Committee composed of:
Lado Chanturia, President, Lətif Hüseynov, Arnfinn Bårdsen, judges,
and Viktoriya Maradudina, Acting 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 is set out in the appended table.
The applicants’ complaints under Article 11 of the Convention concerning the alleged breach of the right to freedom of association, namely the right to form an association, were communicated to the Azerbaijani Government (“the Government”). Complaints based on the same facts were also communicated under Article 6 of the Convention.
The Court received the friendly-settlement declarations, signed by the parties, 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 the 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.
With respect to application no. 36868/18 the Government also undertook to register the association established by the applicants, within the above ‑ mentioned three-month period.
The payment of the amounts detailed in the appended table and the registration of the association established by the applicants (application no. 36868/18) 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 13 January 2022.
Viktoriya Maradudina Lado Chanturia Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 11 of the Convention
(alleged breach of the right to freedom of association)
No.
Application no. Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Other complaints under
well-established
case-law
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 application
(in euros) [1]
57037/16
21/09/2016
Matlab Hasan oglu BALAKISHIYEV
1969Sevinj Zakir gizi SURKHAYEVA
1975Yashar Vagif oglu Agazade
Baku
Article 6 § 1 of the Convention – alleged breach of the right to a reasoned decision
03/02/2021
14/01/2021
4,750
14303/17
09/02/2017
Zohra Rauf gizi HASAN
1995Sevinj Ismi gizi ISGANDAROVA
1968Yashar Vagif oglu Agazade
Baku
Article 6 § 1 of the Convention – alleged breach of the right to a reasoned decision
03/02/2021
14/01/2021
4,750
18149/17
25/02/2017
Javid Beyverdi oglu ALISHOV
1980Arzu Atdikhan gizi HAJIYEVA
1973Yashar Vagif oglu Agazade
Baku
Article 6 § 1 of the Convention – alleged breach of the right to a reasoned decision
03/02/2021
14/01/2021
4,750
26105/17
24/03/2017
Rashad Vahid oglu SEYDALIYEV
1982Saida Ibrahim gizi RZAZADA
1992Yashar Vagif oglu Agazade
Baku
Article 6 § 1 of the Convention – alleged breach of the right to a reasoned decision
03/02/2021
14/01/2021
4,750
27188/17
01/04/2017
Aynura Shamil gizi ABDULLAYEVA
1984Sabina Karam gizi SAFARLI
1990Yashar Vagif oglu Agazade
Baku
Article 6 § 1 of the Convention – alleged breach of the right to a reasoned decision
03/02/2021
14/01/2021
4,750
27204/17
01/04/2017
Dilgam Gafar oglu TAMRAZOV
1984Shalala Ali gizi SHAKHMAROVA
1989Yashar Vagif oglu Agazade
Baku
Article 6 § 1 of the Convention – alleged breach of the right to a reasoned decision
03/02/2021
14/01/2021
4,750
37684/17
10/05/2017
Shabnam Ali gizi OSMANLI
1985Yashar Vagif oglu Agazade
Baku
Article 6 § 1 of the Convention – alleged breach of the right to a reasoned decision
03/02/2021
14/01/2021
4,750
64582/17
26/08/2017
Emin Ali oglu BASHIRLI
1979Rovshan Faraj oglu BASHIROV
1981Yashar Vagif oglu Agazade
Baku
Article 6 § 1 of the Convention – alleged breach of the right to a reasoned decision
03/02/2021
14/01/2021
4,750
64587/17
16/08/2017
Taryel Abbas oglu BAYRAMOV
1984Meykhanim Nusrat gizi BAYRAMOVA
1992Yashar Vagif oglu Agazade
Baku
Article 6 § 1 of the Convention – alleged breach of the right to a reasoned decision
03/02/2021
14/01/2021
4,750
70295/17
25/08/2017
Shahbala Zakir oglu DAMIROV
1988Vusala Eldar gizi DAMIROVA
1985Yashar Vagif oglu Agazade
Baku
Article 6 § 1 of the Convention – alleged breach of the right to a reasoned decision
03/02/2021
14/01/2021
4,750
71863/17
23/09/2017
Elshan Samid oglu ALLAHVERDIYEV
1981Gulnara Abbasgulu gizi ALLAHVERDIYEVA
1986Yashar Vagif oglu Agazade
Baku
Article 6 § 1 of the Convention – alleged breach of the right to a reasoned decision
12/02/2021
31/01/2021
4,750
80047/17
15/11/2017
Ervin Logman oglu ABDULLAYEV
1976Yashar Vagif oglu Agazade
Baku
Article 6 § 1 of the Convention – alleged breach of the right to a reasoned decision
03/02/2021
14/01/2021
4,750
4300/18
12/01/2018
Samad Gurban oglu AGAYEV
1988Elnara Tofig gizi AGAYEVA
1979Yashar Vagif oglu Agazade
Baku
Article 6 § 1 of the Convention – alleged breach of the right to a reasoned decision
30/04/2021
07/03/2021
4,750
16103/18
24/03/2018
Vafa Karam gizi ALIZADE
1974Zaman Khanoglan oglu BUNYATOV
1969Yashar Vagif oglu Agazade
Baku
Article 6 § 1 of the Convention – alleged breach of the right to a reasoned decision
30/04/2021
07/03/2021
4,750
36868/18
23/07/2018
Alovsat Sayad oglu TALISHKHANLI
1955Gubad Ibad oglu IBADOGLU
1971Huseyn Bahadur oglu MALIKOV
1962Ellada Sabir gizi MAMMADLI
1958Malahat Jafar gizi MURSHUDLU
1948Rafig Anvar oglu ABDULLALI
1958Vurgun Alish oglu AYYUB
1957Tural Annagi oglu Hajibeyli
Baku
Article 6 § 1 of the Convention – alleged breach of the right to a reasoned decision and of the principle of adversarial proceedings
19/10/2021
25/10/2021
5,000
37819/19
08/07/2019
Azer Hatam oglu ALIYEV
1975Malik Hatam oglu ALIYEV
1969Yashar Vagif oglu Agazade
Baku
Article 6 § 1 of the Convention – alleged breach of the right to a reasoned decision
30/04/2021
07/03/2021
4,750
[1] Plus any tax that may be chargeable to the applicants.