European Court of Human Rights

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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