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HUSEYNOV AND OTHERS v. AZERBAIJAN
Doc ref: 12542/21;12666/21;42819/21 • ECHR ID: 001-228289
Document date: September 14, 2023
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HUSEYNOV AND OTHERS v. AZERBAIJAN
Doc ref: 12542/21;12666/21;42819/21 • ECHR ID: 001-228289
Document date: September 14, 2023
Cited paragraphs only
FIRST SECTION
DECISION
Application no. 12542/21 Jalal HUSEYNOV against Azerbaijan and 2 other applications
(see appended table)
The European Court of Human Rights (First Section), sitting on 14 September 2023 as a Committee composed of:
Krzysztof Wojtyczek , President , Lətif Hüseynov, Ivana Jelić , 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 3 of the Convention concerning their confinement in a metal cage in a courtroom were communicated to the Azerbaijani Government (“the Governmentâ€).
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 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 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 5 October 2023.
Viktoriya Maradudina Krzysztof Wojtyczek Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 3 of the Convention
(confinement in a metal cage in a courtroom)
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 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]
12542/21
12/02/2021
Jalal
Agasaf oglu HUSEYNOV
1977Javad
JAVADOV
Baku
19/04/2023
30/05/2023
1,700
600(to be paid directly to the representative Mr Javad Javadov’s bank account)
12666/21
08/02/2021
Zaur
Aladdin oglu GANBAROV
1990Javad
JAVADOV
Baku
19/04/2023
30/05/2023
1,700
600(to be paid directly to the representative Mr Javad Javadov’s bank account)
42819/21
16/08/2021
Natig
Mammad oglu MAHAMMADSOY
1966Javad
JAVADOV
Baku
19/04/2023
30/05/2023
1,700
600(to be paid directly to the representative Mr Javad Javadov’s bank account)
[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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