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SAFAROV AND OTHERS v. AZERBAIJAN
Doc ref: 1476/18, 9826/18, 12725/18, 27414/19, 34878/19, 34886/19, 34981/19, 35180/19, 35433/19, 37809/19, 38... • ECHR ID: 001-224357
Document date: March 23, 2023
- Inbound citations: 2
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- Cited paragraphs: 0
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- Outbound citations: 8
SAFAROV AND OTHERS v. AZERBAIJAN
Doc ref: 1476/18, 9826/18, 12725/18, 27414/19, 34878/19, 34886/19, 34981/19, 35180/19, 35433/19, 37809/19, 38... • ECHR ID: 001-224357
Document date: March 23, 2023
Cited paragraphs only
FIRST SECTION
DECISION
Application no. 1476/18 Umman SAFAROV against Azerbaijan and 19 other applications
(see appended table)
The European Court of Human Rights (First Section), sitting on 23 March 2023 as a Committee composed of:
Alena PoláÄková, President , Gilberto Felici, Raffaele Sabato , 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 declarations submitted by the respondent Government requesting the Court to strike the applications out of the list of cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants and their representatives is set out in the appended table.
The applicants’ complaints under Article 6 of the Convention concerning the unfair trial in administrative offence proceedings were communicated to the Azerbaijani Government (“the Governmentâ€). In application no. 9826/18, complaints based on the same facts were also communicated under Article 5 of the Convention.
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.
After unsuccessful friendly-settlement negotiations, the Government informed the Court that they proposed to make unilateral declarations with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the applications in accordance with Article 37 of the Convention.
The Government acknowledged the unfair trial in administrative offence proceedings. In application no. 9826/18, they further acknowledged that the domestic authorities had violated the applicant’s right guaranteed by Article 5 of the Convention. They offered to pay the applicants the amounts detailed in the appended table and invited the Court to strike the applications out of the list of cases in accordance with Article 37 § 1 (c) of the Convention. The amounts would be converted into the currency of the respondent State at the rate applicable on the date of payment, and would 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 undertook 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 cases.
The applicants were sent the terms of the Government’s unilateral declarations several weeks before the date of this decision. In reply, the applicants submitted that they were not satisfied with the terms of the unilateral declarations. In particular, they indicated that the amount of compensation provided for in the Government’s unilateral declarations was low.
The Court observes that Article 37 § 1 (c) enables it to strike a case out of its list if:
“... for any other reason established by the Court, it is no longer justified to continue the examination of the applicationâ€.
Thus, it may strike out applications under Article 37 § 1 (c) on the basis of a unilateral declaration by a respondent Government even if the applicants wish the examination of the cases to be continued (see, in particular, the Tahsin Acar v. Turkey judgment (preliminary objections) [GC], no. 26307/95, §§ 75 ‑ 77, ECHR 2003-VI).
The Court has established clear and extensive case-law concerning complaints relating to the unfair trial in administrative offence proceedings (see, for example, Gafgaz Mammadov v. Azerbaijan, no. 60259/11, 15 October 2015, Huseynli and Others v. Azerbaijan, nos. 67360/11 and 2 others, 11 February 2016, and Hasanov and Majidli v. Azerbaijan, nos. 9626/14 and 9717/14, 7 October 2021 and Hasanov v. Azerbaijan, [Committee], no. 59202/12, 28 April 2022).
Noting the admissions contained in the Government’s declarations as well as the amount of compensation proposed – which is consistent with the amounts awarded in similar cases (see Yegorov and Others v. Russia [Committee], nos. 32795/16 and 7 others, 12 October 2017, and Kuratov and Others v. Russia [Committee], nos. 24377/15 and 2 others, 22 October 2019) – the Court considers that it is no longer justified to continue the examination of the applications (Article 37 § 1 (c)). As regards the applicants’ objection to the terms of the unilateral declarations, the Court has, in the absence of further details, no reasons to consider that the compensation offered by the Government constitutes inadequate or otherwise unreasonable redress for the violation of their Convention rights (see Ryabkin and Volokitin v. Russia (dec.), nos. 52166/08 and 8526/09, §§ 49‑50, 28 June 2016, and Igranov and Others v. Russia , nos. 42399/13 and 8 others, § 24, 20 March 2018, and, for a similar approach, Antovski and Others v. North Macedonia (dec.) [Committee], no. 68160/17, 8 December 2022).
In the light of the above considerations, the Court is satisfied that respect for human rights as defined in the Convention and the Protocols thereto does not require it to continue the examination of the applications (Article 37 § 1 in fine ).
Finally, the Court emphasises that, should the Government fail to comply with the terms of their unilateral declarations, the applications may be restored to the list in accordance with Article 37 § 2 of the Convention (see Josipović v. Serbia (dec.), no. 18369/07, 4 March 2008).
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;
Takes note of the terms of the respondent Government’s declarations and of the arrangements for ensuring compliance with the undertakings referred to therein;
Decides to strike the applications out of its list of cases in accordance with Article 37 § 1 (c) of the Convention.
Done in English and notified in writing on 13 April 2023.
Viktoriya Maradudina Alena PoláÄková Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 6 of the Convention
(unfair trial in administrative offence proceedings)
No.
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 comments
Amount awarded for pecuniary and non-pecuniary damage
per applicant
(in euros) [1]
Amount awarded for costs and expenses per application
(in euros) [2]
1476/18
19/12/2017
Umman
Mirsadig oglu SAFAROV
1994Yalchin
IMANOV
Sumgayit
31/01/2023
10/02/2023
1,000
250
9826/18
10/02/2018
Ahsan
Muzaffar oglu NURUZADE
1976Yalchin
IMANOV
Sumgayit
31/01/2023
10/02/2023
2,000
250
12725/18
03/03/2018
Huseynaga
Rafayil oglu BUNYATOV
1998Yalchin
IMANOV
Sumgayit
Fakhraddin
MEHDIYEV
Baku
31/01/2023
10/02/2023
1,000
250
27414/19
07/05/2019
Ramiz
Agababa oglu JAFAROV
1986Yalchin
IMANOV
Sumgayit
31/01/2023
10/02/2023
1,000
250
34878/19
20/06/2019
Kanan
Ismayil oglu
AZIZLI
1996Yalchin
IMANOV
Sumgayit
Bahruz
BAYRAMOV
Baku
31/01/2023
10/02/2023
1,000
250
34886/19
20/06/2019
Mehti
Ali oglu
NAGIYEV
1991Yalchin
IMANOV
Sumgayit
Bahruz
BAYRAMOV
Baku
31/01/2023
10/02/2023
1,000
250
34981/19
20/06/2019
Jeyhun
Arif oglu
ISLAMOV
1980Yalchin
IMANOV
Sumgayit
Bahruz
BAYRAMOV
Baku
31/01/2023
10/02/2023
1,000
250
35180/19
25/06/2019
Rovshan
Boyukaga oglu GULIYEV
1969Yalchin
IMANOV
Sumgayit
Fakhraddin
MEHDIYEV
Absheron
31/01/2023
10/02/2023
1,000
250
35433/19
25/06/2019
Sagif
Asgar oglu GURBANOV
1974Yalchin
IMANOV
Sumgayit
Fakhraddin
MEHDIYEV
Absheron
31/01/2023
10/02/2023
1,000
250
37809/19
08/07/2019
Ayaz
Tofig oglu GASIMOV
1994Yalchin
IMANOV
Sumgayit
Bahruz
BAYRAMOV
Baku
31/01/2023
10/02/2023
1,000
250
38147/19
08/07/2019
Orkhan
Yusif oglu SALIMZADE
1987Yalchin
IMANOV
Sumgayit
Bahruz
BAYRAMOV
Baku
31/01/2023
10/02/2023
1,000
250
38161/19
08/07/2019
Shamistan
Nadir oglu HAZIYEV
1997Yalchin
IMANOV
Sumgayit
Bahruz
BAYRAMOV
Baku
31/01/2023
10/02/2023
1,000
250
38170/19
09/07/2019
Mahir
Shahin oglu RUSTAMLI
1996Yalchin
IMANOV
Sumgayit
Bahruz
BAYRAMOV
Baku
31/01/2023
10/02/2023
1,000
250
39814/19
16/07/2019
Agil
Khanoglan oglu ALIYEV
1983Yalchin
IMANOV
Sumgayit
31/01/2023
10/02/2023
1,000
250
46291/19
24/08/2019
Maharram
Shahin oglu RZAYEV
1995Yalchin
IMANOV
Sumgayit
Fakhraddin
MEHDIYEV
Absheron
31/01/2023
10/02/2023
1,000
250
46296/19
24/08/2019
Tofig
Oruj oglu MAMMADOV
1992Yalchin
IMANOV
Sumgayit
Fakhraddin
MEHDIYEV
Absheron
31/01/2023
10/02/2023
1,000
250
46305/19
24/08/2019
Baba
Tahir oglu SULEYMANOV
1982Yalchin
IMANOV
Sumgayit
Fakhraddin
MEHDIYEV
Absheron
31/01/2023
10/02/2023
1,000
250
46332/19
24/08/2019
Nijat
Afgan oglu ABDULLAYEV
1985Yalchin
IMANOV
Sumgayit
Fakhraddin
MEHDIYEV
Absheron
31/01/2023
10/02/2023
1,000
250
50085/19
14/09/2019
Elchin
Tahir oglu TEYMUROV
1989Yalchin
IMANOV
Sumgayit
Bahruz
BAYRAMOV
Sumgayit
31/01/2023
10/02/2023
1,000
250
42669/20
08/09/2020
Vafadar Mammadaga oglu ALIYEV
1970Yalchin
IMANOV
Sumgayit
31/01/2023
10/02/2023
1,000
250[1] Plus any tax that may be chargeable to the applicants.
[2] Plus any tax that may be chargeable to the applicants.
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