FIRST SECTION

DECISION

Application no. 42781/13 Ilgar Mukhtar oglu RZAYEV against Azerbaijan

(see appended table)

The European Court of Human Rights (First Section), sitting on 19 January 2023 as a Committee composed of:

Alena Poláčková , President , Gilberto Felici, Raffaele Sabato , judges ,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 10 June 2013,

Having regard to the declaration submitted by the respondent Government and the applicant’s reply to that declaration,

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. Mustafayev and Mr R. Mustafazade , lawyers based in Azerbaijan.

The applicant’s complaints under Articles 6, 14 and 18 of the Convention were communicated to the Azerbaijani Government (“the Government”).

The Court received a declaration from the Government with a view to securing a friendly settlement with the applicant. They offered to pay ex ‑ gratia to the applicant the amounts set out in the amended 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 payment will constitute the final resolution of the case.

The applicant informed the Court that he agreed to the terms of the declaration.

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 9 February 2023.

Viktoriya Maradudina Alena Poláčková Acting Deputy Registrar President

APPENDIX

Application raising complaints under Articles 6, 14 and 18 of the Convention

(unfairness of criminal proceedings)

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 pecuniary and non-pecuniary damage per applicant

(in euros) [1]

Amount awarded for costs and expenses per application

(in euros) [2]

42781/13

10/06/2013

Ilgar RZAYEV

1979Ruslan MUSTAFAZADE Asabali MUSTAFAYEV

Sumgayit

26/10/2022

18/11/2022

5,000

1,500

(to be paid directly to the representative Mr Ruslan Mustafazade’s bank account)

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

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