THIRD SECTION

DECISION

Applications nos. 44887/22 and 4919/23
Elchin SADIGOV against Azerbaijan
and Zibeyda SADIGOVA 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 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 Article 8 of the Convention concerning the search and seizure carried out in their home, offices and vehicle 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 abovementioned 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 12 December 2024.

 

 Viktoriya Maradudina Oddný Mjöll Arnardóttir
 Acting Deputy Registrar President

 


APPENDIX

List of applications raising complaints under Article 8 of the Convention

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 nonpecuniary damage and costs and expenses

per applicant

(in euros)[1]

  1.    

44887/22

21/09/2022

Elchin SADIGOV

1981

 

Zibeyda SADIGOVA

Baku

30/09/2024

18/09/2024

5,000

  1.    

4919/23

16/01/2023

Zibeyda SADIGOVA

1985

 

Elchin SADIGOV

Baku

30/09/2024

18/09/2024

5,000

 


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