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ABBASOV AND OTHERS v. AZERBAIJAN

Doc ref: 5671/20;21674/20;21676/20;22449/22;22450/22 • ECHR ID: 001-229539

Document date: November 9, 2023

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ABBASOV AND OTHERS v. AZERBAIJAN

Doc ref: 5671/20;21674/20;21676/20;22449/22;22450/22 • ECHR ID: 001-229539

Document date: November 9, 2023

Cited paragraphs only

FIRST SECTION

DECISION

Application no. 5671/20 Nizami ABBASOV against Azerbaijan and 4 other applications

(see appended table)

The European Court of Human Rights (First Section), sitting on 9 November 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 and their representatives is set out in the appended table.

The applicants’ complaints under Articles 11 and 6 of the Convention concerning the unlawful or disproportionate measures against organisers and participants of public assemblies and unfair trial in administrative offence proceedings were communicated to the Azerbaijani Government (“the Government”).

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 30 November 2023.

Viktoriya Maradudina Krzysztof Wojtyczek Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Articles 11 and 6 of the Convention

(unlawful or disproportionate measures against organisers and participants of public assemblies and 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 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]

5671/20

09/01/2020

Nizami

Firudin oglu

ABBASOV

1984Tural

HAJIBEYLI

Baku

13/09/2023

20/04/2023

2,600

250

21674/20

13/05/2020

Shaig

Saleh oglu

ALAKBAROV

1984Asabali

MUSTAFAYEV

Sumgayit

Ruslan

MUSTAFAZADE

Sumgayit

13/09/2023

10/05/2023

2,400

450(to be paid directly to the representative Mr Asabali Mustafayev’s bank account)

21676/20

13/05/2020

Aligulu

Abuzar oglu GAHRAMANLI

1956Asabali

MUSTAFAYEV

Sumgayit

Ruslan

MUSTAFAZADE

Sumgayit

13/09/2023

10/05/2023

2,400

450(to be paid directly to the representative Mr Asabali Mustafayev’s bank account)

22449/22

15/04/2022

Elmaddin

Elshan oglu

AHMADOV

1990Tural

HAJIBEYLI

Baku

13/09/2023

26/04/2023

2,600

250

22450/22

15/04/2022

Asim

Elshan oglu

AGAYEV

1989Tural

HAJIBEYLI

Baku

13/09/2023

26/04/2023

2,600

250[1] Plus any tax that may be chargeable to the applicants.

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

© European Union, https://eur-lex.europa.eu, 1998 - 2026

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