Zeynalzade v. Azerbaijan

FIRST SECTION

Application no. 41412/20 Rafail ZEYNALZADE against Azerbaijan

(see appended table)

The European Court of Human Rights (First Section), sitting on 4 April 2024 as a Committee composed of:

Péter Paczolay , President , Gilberto Felici, Raffaele Sabato , judges ,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 27 August 2020,

Having regard to the formal declarations accepting a friendly settlement of the case,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant’s details are set out in the appended table.

The applicant was represented, as a principal representative, by Mr K. Bagirov, a lawyer based in Baku.

The applicant’s complaint under Article 3 of Protocol No. 1 to the Convention concerning the alleged breach of his right to stand as a candidate in parliamentary elections was communicated to the Azerbaijani Government (“the Government”). A complaint based on the same facts was also communicated under Article 13 of the Convention.

The Court received the friendly-settlement declarations, signed by the parties, under which the applicant agreed to waive any further claims against Azerbaijan in respect of the facts giving rise to this application, subject to an undertaking by the Government to pay him 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 case.

THE LAW

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 application.

In view of the above, it is appropriate to strike the case out of the list.

For these reasons, the Court, unanimously,

Decides to strike the application out of its list of cases in accordance with Article 39 of the Convention.

Done in English and notified in writing on 25 April 2024.

Viktoriya Maradudina Péter Paczolay Acting Deputy Registrar President

APPENDIX

Application raising complaints under Article 3 of Protocol No. 1 of the Convention

(alleged breach of the right to stand as a candidate in parliamentary elections)

Application no. Date of introduction

Applicant’s name

Year of birth

Principal representative’s name and location

Other complaints under well ‑ established case-law

Date of receipt of Government’s declaration

Date of receipt of Applicant’s declaration

Amount awarded for pecuniary and non-pecuniary damage

(in euros) [1]

Amount awarded for costs and expenses

(in euros) [2]

41412/20

27/08/2020

Rafail Nuraddin oglu ZEYNALZADE

1969

Khalid Zakir oglu BAGIROV

Baku

Art. 13 – absence of an effective remedy

05/10/2023

27/07/2023

4,500

250

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

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