THIRD SECTION
DECISION
Application no. 17937/23
Sevil HAJIYEVA
against Azerbaijan
(see appended table)
The European Court of Human Rights (Third Section), sitting on 23 January 2025 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 13 April 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 details are set out in the appended table.
The applicant was represented by Mr K. Bagirov, a lawyer based in Azerbaijan.
The applicant’s complaints under Article 2 of Protocol No. 4 to the Convention and Article 6 § 1 of the Convention concerning the imposition of a travel ban on her by the domestic authorities and the failure of the domestic authorities to execute the domestic court’s judgment ordering the lifting of that travel ban 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 her the amount detailed in the appended table. This amount 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 this amount within the above‑mentioned three-month period, the Government undertake to pay simple interest on it, 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 Government also undertook to ensure the execution of the judgment of the domestic courts ordering the lifting of the travel ban imposed on the applicant.
The payment and execution of the judgment of the domestic courts ordering the lifting of the travel ban 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 13 February 2025.
Viktoriya Maradudina Oddný Mjöll Arnardóttir
Acting Deputy Registrar President
APPENDIX
Application raising complaints under Article 2 of Protocol No. 4 to the Convention and Article 6 § 1 of the Convention
(imposition of the travel ban and failure to execute a domestic judgment ordering its lifting)
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 non-pecuniary damage and costs and expenses (in euros)[1] | |
17937/23 13/04/2023 | Sevil Balasoltan gizi HAJIYEVA 1970
| Khalid Bagirov Baku | 17/09/2024 | 18/09/2024 | 4,500 |
[1] Plus any tax that may be chargeable to the applicant.