THIRD SECTION

DECISION

Application no. 6979/23
Ayven SHAMURADOV against Azerbaijan

(see appended table)

The European Court of Human Rights (Third Section), sitting on 21 November 2024 as a Committee composed of:

Oddný Mjöll Arnardóttir, President,
Úna Ní Raifeartaigh,
Mateja Đurović, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 2 February 2023,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

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

The applicant’s complaint under Article 8 of the Convention concerning the restrictions imposed by the prosecuting authorities on his right to visits by, and telephone conversations with, his family members and the outside world, while detained in the pre-trial detention facility were communicated to the Azerbaijani Government (“the Government”).

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 12 December 2024.

Viktoriya Maradudina Oddný Mjöll Arnardóttir
Acting Deputy Registrar President

APPENDIX

Application raising complaint under Article 8 of the Convention

(restrictions on detainee’s right to visits and telephone conversations)

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 non-pecuniary damage (in euros)[1]	Amount awarded for costs and expenses (in euros)[2]
6979/23 02/02/2023	Ayven Gahraman oglu SHAMURADOV 1987	Javad JAVADOV Baku	01/10/2024	08/10/2024	4,500	500 (to be paid directly to the bank account of the representative, Mr Javad Javadov)

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 non-pecuniary damage (in euros)[1]

Amount awarded for costs and expenses (in euros)[2]

6979/23

02/02/2023

Ayven

Gahraman oglu SHAMURADOV

1987

Javad JAVADOV

Baku

01/10/2024

08/10/2024

4,500

500

(to be paid directly to the

bank account of the representative, Mr Javad Javadov)

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

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