THIRD SECTION
DECISION
Application no. 53537/22
Subhan MASTALIYEV against Azerbaijan
and 31 other applications
(see appended table)
The European Court of Human Rights (Third Section), sitting on 13 March 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 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 5 § 3 of the Convention concerning the lack of justification for their pre-trial detention were communicated to the Azerbaijani Government (“the Government”). In applications nos. 57389/22, 20819/23 and 26392/23, the applicants’ complaints under Article 6 § 2 of the Convention concerning the alleged infringement of their right to the presumption of innocence was also communicated to 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 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 3 April 2025.
Viktoriya Maradudina Oddný Mjöll Arnardóttir
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 5 § 3 of the Convention
(lack of justification for pre-trial detention)
Application no. | Applicant’s name Year of birth | 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 non-pecuniary damage per applicant (in euros)[1] | Amount awarded for costs and expenses per application (in euros)[2] | |
53537/22 11/11/2022 | Subhan Niftulla oglu MASTALIYEV 1977
| Javad Javadov Baku |
| 24/10/2024 | 13/10/2024 | 3,000 | 500
(to be paid directly to the bank account of the applicant’s representative) | |
57389/22 06/12/2022 | Surat Chingiz oglu ALIYEV 2002
| Javad Javadov Baku | Art. 6 (2) – infringement of the right to the presumption of innocence | 24/10/2024 | 13/10/2024 | 3,900 | 500
(to be paid directly to the bank account of the applicant’s representative) | |
20819/23 22/05/2023 | Elchin Kamil oglu ALIYEV 1977
| Bakhtiyar Hajiyev Baku | Art. 6 (2) – infringement of the right to the presumption of innocence | 24/10/2024 | 13/10/2024 | 3,900 | 500
(to be paid directly to the bank account of the applicant’s representative) | |
26392/23 21/06/2023 | Adam Nurhuseyin oglu HUSEYINOV 1995
| Elchin Sadigov Baku | Art. 6 (2) – infringement of the right to the presumption of innocence | 02/10/2024 | 21/10/2024 | 3,900 | 500
(to be paid directly to the bank account of the applicant’s representative) | |
31344/23 22/07/2023 | Shahin Samandar oglu VERDIYEV 1993
| Elchin Sadigov Baku |
| 02/10/2024 | 21/10/2024 | 3,000 | 500
(to be paid directly to the bank account of the applicant’s representative) | |
31368/23 07/08/2023 | Agshin Mammad oglu ABDULLAYEV 1985
| Shahla Humbatova Baku |
| 24/10/2024 | 27/10/2024 | 6,000 | 500 | |
31802/23 31/07/2023 | Alim Vahid oglu YUSIFOV 1989
| Elchin Sadigov Baku |
| 02/10/2024 | 21/10/2024 | 3,000 | 500
(to be paid directly to the bank account of the applicant’s representative) | |
32937/23 04/08/2023 | Elkhan Matlab oglu ZAMAN 1968
| Javad Javadov Baku |
| 24/10/2024 | 13/10/2024 | 3,000 | 500
(to be paid directly to the bank account of the applicant’s representative) | |
33088/23 10/08/2023 | Ruhullah Masim oglu NOVRUZZADE 1991
| Javad Javadov Baku |
| 24/10/2024 | 13/10/2024 | 3,000 | 500
(to be paid directly to the bank account of the applicant’s representative) | |
33126/23 19/08/2023 | Jamal Mirzammad oglu RAHIMOV 1970
| Javad Javadov Baku |
| 24/10/2024 | 13/10/2024 | 3,000 | 500
(to be paid directly to the bank account of the applicant’s representative) | |
34145/23 05/09/2023 | Ilgar Ilham oglu EYVAZOV 1990
| Bakhtiyar Hajiyev Baku |
| 24/10/2024 | 13/10/2024 | 3,000 | 500
(to be paid directly to the bank account of the applicant’s representative) | |
34156/23 05/09/2023 | Nijat Tapdig oglu MURADOV 1984
| Bakhtiyar Hajiyev Baku |
| 24/10/2024 | 13/10/2024 | 3,000 | 500
(to be paid directly to the bank account of the applicant’s representative) | |
35508/23 06/09/2023 | Shamil Adil oglu ABDULALIYEV 1985
| Zibeyda Sadigova Baku |
| 01/10/2024 | 23/10/2024 | 3,000 | 500
(to be paid directly to the bank account of the applicant’s representative) | |
36762/23 20/09/2023 | Elkhan Eldar oglu HUSEYNOV 1990
| Elchin Sadigov Baku |
| 02/10/2024 | 21/10/2024 | 3,000 | 500
(to be paid directly to the bank account of the applicant’s representative) | |
36905/23 13/09/2023 | Nizami Elkhan oglu AHMADOV 1987
| Elchin Sadigov Baku |
| 02/10/2024 | 21/10/2024 | 3,000 | 500
(to be paid directly to the bank account of the applicant’s representative) | |
36913/23 06/10/2023 | Jeyhun Arif oglu BALASHOV 1977
| Rasul Jafarov Baku |
| 24/10/2024 | 07/10/2024 | 3,000 | 500 | |
37301/23 26/09/2023 | Taryel Bakir oglu ABDULLAYEV 1985
| Elchin Sadigov Baku |
| 02/10/2024 | 21/10/2024 | 3,000 | 500
(to be paid directly to the bank account of the applicant’s representative) | |
38367/23 27/09/2023 | Natig Firudin oglu GASIMOV 1986
| Zibeyda Sadigova Baku |
| 01/10/2024 | 23/10/2024 | 3,000 | 500
(to be paid directly to the bank account of the applicant’s representative) | |
40355/23 08/11/2023 | Eljan Abilfaz oglu ABAZOV 1988
| Bakhtiyar Hajiyev Baku |
| 24/10/2024 | 13/10/2024 | 3,000 | 500
(to be paid directly to the bank account of the applicant’s representative) | |
40422/23 24/10/2023 | Farid Shamil oglu GURBANOV 1994
| Elchin Sadigov Baku |
| 02/10/2024 | 21/10/2024 | 3,000 | 500
(to be paid directly to the bank account of the applicant’s representative) | |
40617/23 08/11/2023 | Rustam Vahid oglu ALAKBAROV 1993
| Bakhtiyar Hajiyev Baku |
| 24/10/2024 | 13/10/2024 | 3,000 | 500
(to be paid directly to the bank account of the applicant’s representative) | |
41551/23 02/11/2023 | Kanan Seyfaddin oglu GOJAYEV 1988
| Zibeyda Sadigova Baku |
| 01/10/2024 | 23/10/2024 | 3,000 | 500
(to be paid directly to the bank account of the applicant’s representative) | |
41665/23 07/11/2023 | Etibar Rasim oglu ISMAYILOV 1963
| Zibeyda Sadigova Baku |
| 01/10/2024 | 23/10/2024 | 3,000 | 500
(to be paid directly to the bank account of the applicant’s representative) | |
41719/23 02/11/2023 | Telman Huseyn oglu RASHIDOV 1969
| Bakhtiyar Hajiyev Baku |
| 24/10/2024 | 13/10/2024 | 3,000 | 500
(to be paid directly to the bank account of the applicant’s representative) | |
5065/24 19/01/2024 | Tural Famil oglu VALIYEV 1981
| Zibeyda Sadigova Baku |
| 01/10/2024 | 23/10/2024 | 3,000 | 500
(to be paid directly to the bank account of the applicant’s representative) | |
5089/24 23/01/2024 | Murad Afsaraga oglu ABDULLAYEV 1980
| Elchin Sadigov Baku |
| 02/10/2024 | 21/10/2024 | 3,000 | 500
(to be paid directly to the bank account of the applicant’s representative) | |
5286/24 31/01/2024 | Rovshan Seyfali oglu ALIYEV 1979
| Elchin Sadigov Baku |
| 02/10/2024 | 21/10/2024 | 3,000 | 500
(to be paid directly to the bank account of the applicant’s representative) | |
5291/24 30/01/2024 | Azad Tofig oglu KARIMOV 1987
| Elchin Sadigov Baku |
| 02/10/2024 | 21/10/2024 | 3,000 | 500
(to be paid directly to the bank account of the applicant’s representative) | |
5366/24 25/01/2024 | Vugar Jalal oglu MAMMADOV 1972
| Azer Rasulov Baku |
| 24/10/2024 | 05/10/2024 | 3,000 | 500 | |
5664/24 02/02/2024 | Kamil Akif oglu MAHMUDOV 1972
| Elchin Sadigov Baku |
| 02/10/2024 | 21/10/2024 | 3,000 | 500
(to be paid directly to the bank account of the applicant’s representative) | |
12394/24 01/04/2024 | Ilkin Elchin oglu SULEYMANOV 1992
| Elchin Sadigov Baku |
| 02/10/2024 | 21/10/2024 | 3,000 | 500
(to be paid directly to the bank account of the applicant’s representative) | |
12941/24 08/04/2024 | Namig Faig oglu ASGAROV 1989
| Elchin Sadigov Baku |
| 02/10/2024 | 21/10/2024 | 3,000 | 500
(to be paid directly to the bank account of the applicant’s representative) |
[1] Plus any tax that may be chargeable to the applicants.
[2] Plus any tax that may be chargeable to the applicants.