Hajiyev and Abdullayev v. Azerbaijan

FIRST SECTION

Applications nos. 21807/18 and 38997/22 Eldaniz HAJIYEV against Azerbaijan and Salman ABDULLAYEV against Azerbaijan (see appended table)

The European Court of Human Rights (First Section), sitting on 14 December 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 were represented by Mr A. Mustafayev and Mr R. Mustafazade, lawyers based in Azerbaijan.

The applicants’ complaints under Articles 5, 6 and 9 of the Convention concerning their arrest and administrative conviction for participation in religious meetings on private premises without prior authorisation from the relevant authorities were communicated to the Azerbaijani Government (“the Government”). In application no. 38997/22, the applicant’s complaint under Article 8 of the Convention concerning the alleged violation of his right to respect for home was also communicated.

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 18 January 2024.

Viktoriya Maradudina Krzysztof Wojtyczek Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Articles 5, 6 and 9 of the Convention

(Arrest and administrative conviction for participation in religious meetings on private premises without prior authorisation from the relevant authorities)

No.

Application no. Date of introduction

Applicant’s name

Year of birth

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]

21807/18

27/04/2018

Eldaniz

Balamat oglu HAJIYEV

1974

12/10/2023

18/09/2023

3,800

600

(to be paid directly to the applicant’s representative

Mr Asabali Mustafayev’s bank account)

38997/22

21/07/2022

Salman

Vagif oglu ABDULLAYEV

1969

12/10/2023

18/09/2023

3,800

600

(to be paid directly to the applicant’s representative

Mr Asabali Mustafayev’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.