FIFTH SECTION<\/p>\n
DECISION<\/p>\n
Application no.45002\/14
\nKhanaga AGAYEV
\nagainst Azerbaijan<\/p>\n
The European Court of Human Rights (Fifth Section), sitting on 31\u00a0January 2019 as a Committee composed of:<\/p>\n
S\u00edofra O\u2019Leary, President,
\nM\u0101rti\u0146\u0161 Mits,
\nLado Chanturia, judges,<\/p>\n
and Liv Tigerstedt, Acting Deputy Section Registrar,<\/p>\n
Having regard to the above application lodged on 6\u00a0June 2014,<\/p>\n
Having regard to the declaration submitted by the respondent Government requesting the Court to strike the application out of the list of cases,<\/p>\n
Having deliberated, decides as follows:<\/p>\n
FACTS AND PROCEDURE<\/p>\n
The applicant\u2019s details are set out in the appended table.<\/p>\n
The applicant was represented by Mr A. Gasimov, a lawyer practising in Azerbaijan at the material time.<\/p>\n
The applicant\u2019s complaints under Article 6 \u00a7 1 of the Convention and Article\u00a01 of Protocol No.\u00a01 concerning the non-enforcement of a domestic court\u2019s decision were communicated to the Azerbaijani Government (\u201cthe Government\u201d).<\/p>\n
THE LAW<\/p>\n
After unsuccessful friendly-settlement negotiations, the Government informed the Court that they proposed to make a unilateral declaration with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the application in accordance with Article\u00a037 of the Convention.<\/p>\n
The Government acknowledged the delayed enforcement of the domestic decision. They offered to pay the applicant the amount detailed in the appended table and invited the Court to strike the applicationout of the list of cases in accordance with Article\u00a037 \u00a7\u00a01\u00a0(c) of the Convention. The amount 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\u2019s decision. In the event of failure to pay this amount 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.<\/p>\n
The payment will constitute the final resolution of the case.<\/p>\n
The applicant was sent the terms of the Government\u2019s unilateral declaration. The Court has not received a response from the applicant accepting the terms of the declaration.<\/p>\n
The Court observes that Article\u00a037 \u00a7\u00a01\u00a0(c) enables it to strike a case out of its list if:<\/p>\n
\u201c… for any other reason established by the Court, it is no longer justified to continue the examination of the application\u201d.<\/p>\n
Thus, it may strike out applications under Article\u00a037 \u00a7\u00a01 (c) on the basis of a unilateral declaration by a respondent Government even if the applicant wishes the examination of the case to be continued (see, in particular, Tahsin Acar v.\u00a0Turkey (preliminary objections) [GC], no.\u00a026307\/95, \u00a7\u00a7\u00a075\u201177, ECHR 2003-VI).<\/p>\n
The Court has established clear and extensive case-law in respect of Azerbaijan concerning complaints relating to the non-enforcement or delayed enforcement of domestic decisions (see, for example, Akhundov v.\u00a0Azerbaijan, no.\u00a039941\/07, 3 February 2011; Jafarli and Others v.\u00a0Azerbaijan, no.\u00a036079\/06, 29 July 2010; and Faber Firm and Jafarov v.\u00a0Azerbaijan, no.\u00a03365\/08, 25 November 2010).<\/p>\n
Noting the admission contained in the Government\u2019s declaration, as well as the amount of compensation proposed, the Court considers that it is no longer justified to continue the examination of the application (Article\u00a037\u00a0\u00a7\u00a01\u00a0(c)).<\/p>\n
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 application (Article\u00a037\u00a0\u00a7\u00a01 in fine).<\/p>\n
Finally, the Court emphasises that, should the Government fail to comply with the terms of their unilateral declaration, the application may be restored to the list in accordance with Article\u00a037 \u00a7\u00a02 of the Convention (Josipovi\u0107 v.\u00a0Serbia (dec.), no.\u00a018369\/07, 4\u00a0March 2008).<\/p>\n
In view of the above, it is appropriate to strike the case out of the list.<\/p>\n
For these reasons, the Court, unanimously,<\/p>\n
Takes note of the terms of the respondent Government\u2019s unilateral declaration and of the arrangements for ensuring compliance with the undertakings referred to therein;<\/p>\n
Decides to strike the application out of its list of cases in accordance with Article\u00a037 \u00a7\u00a01\u00a0(c) of the Convention.<\/p>\n
Done in English and notified in writing on 21 February 2019.<\/p>\n
Liv Tigerstedt\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 S\u00edofra O\u2019Leary
\nActing Deputy Registrar\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 President<\/p>\n
<\/p>\n
APPENDIX<\/p>\n
| Application no. \nDate of introduction<\/strong><\/td>\n Applicant\u2019s name<\/strong><\/p>\n | Date of birth<\/strong><\/td>\n (in euros)[i]<\/a><\/strong><\/td>\n<\/tr>\n<\/thead>\n\n 06\/06\/2014<\/td>\n 01\/10\/1958<\/td>\n Baku<\/td>\n [i]<\/a>.\u00a0\u00a0Plus any tax that may be chargeable to the applicant.<\/p>\n |