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European Court of Human Rights
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Elza AVSHAROVA v Azerbaijan - 30944/09 [2012] ECHR 938 (22 May 2012)
URL: http://www.bailii.org/eu/cases/ECHR/2012/938.html
Cite as:
[2012] ECHR 938
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FIRST
SECTION
DECISION
Application no.
30944/09
Elza AVSHAROVA
against Azerbaijan
The
European Court of Human Rights (First Section), sitting on 22
May 2012 as a Committee composed of:
Peer
Lorenzen,
President,
Elisabeth
Steiner,
Khanlar
Hajiyev, judges,
and
André Wampach, Deputy
Section Registrar,
Having
regard to the above application lodged on 6 May 2009,
Having
regard to the formal declarations accepting a friendly settlement of
the case,
Having
deliberated, decides as follows:
PROCEDURE
The
applicant, Ms Elza Avsharova, is an Azerbaijani national, who was
born in 1947 and lives in Baku. She was represented before the Court
by Mr A. Nağıyev, a lawyer practising in Azerbaijan.
The
Azerbaijani Government (“the Government”) were
represented by their Agent, Mr Ç. Asgarov.
The
applicant complained under Article 6 of the Convention about the
non-enforcement of a domestic judgment in her favour.
On
17 January 2012 the Government submitted a friendly
settlement declaration in which they stated inter alia, that
they undertook to pay EUR 5,600 (five thousands six hundred
euros) to applicant, covering any non-pecuniary damage and costs and
expenses and that this sum would be
payable within three months starting the date of
notification of the decision taken by the Court pursuant to Article
37 § 1 of the European Convention on Human Rights
and Fundamental Freedoms. They also stated that this
payment would constitute the final resolution of
the case and that in the event of failure to pay this sum within the
said three-month period, the Government undertook to
pay, until settlement, simple interest on the amount at a rate equal
to the marginal lending rate of the European Central Bank during the
default period plus three percentage
points. They also added that this resolution did not
exempt the Government from their obligation to ensure the enforcement
of the domestic court’s judgment delivered in the applicant’s
favour.
After initially refusing by a letter of 17 February
2012 to accept the Government’s friendly settlement
proposition, on 14 March 2012 the applicant’s
representative submitted a declaration in which he stated inter
alia:
“We, the applicant Avsharova Elza Talat and her
representative Nagiyev Azer Logman agrees to settle the case
amicably... [as] proposed by the Government of Azerbaijan... [and]
agree with the suggestions of the Government about friendly
settlement...”
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 its Protocols and finds
no reasons to justify a continued examination of the application
(Article 37 § 1 in fine of the Convention).
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.
André Wampach Peer
Lorenzen
Deputy Registrar President