4302/18, GURBANOVA v. AZERBEJDŻAN - Decyzja Europejskiego Trybunału Praw Człowieka

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Decyzja Europejskiego Trybunału Praw Człowieka z dnia 17 września 2020 r. 4302/18

UZASADNIENIE

Wstęp

ECLI:CE:ECHR:2020:0917DEC000430218

FIFTH SECTION

DECISION

Application no. 4302/18

Tatyana GURBANOVA

against Azerbaijan

(see appended table)

The European Court of Human Rights (Fifth Section), sitting on 17 September 2020 as a Committee composed of:

Ganna Yudkivska, President,

Lado Chanturia,

Anja Seibert-Fohr, judges,

and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above application lodged on 12 January 2018,

Having regard to the formal declarations accepting a friendly settlement of the case,

Having deliberated, decides as follows:

Uzasadnienie faktyczne

FACTS AND PROCEDURE

The applicant's details are set out in the appended table.

The applicant was represented by Ms S. Aliyeva, a lawyer based in Baku.

The applicant's complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 concerning the non-enforcement or delayed enforcement of domestic decisions were communicated to the Azerbaijani Government ("the Government").

The Court received the friendly-settlement declaration 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 amounts detailed in the appended table. These amounts 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 Government also undertake to ensure the enforcement of the domestic decisions under consideration in the case within the same three-month period, and to pay any costs of the domestic enforcement proceedings.

The payment and the enforcement of the domestic decisions in the case concerned will constitute the final resolution of the case.

Uzasadnienie prawne

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.

Sentencja

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 8 October 2020.

Liv Tigerstedt

Ganna Yudkivska

Acting Deputy Registrar

President

APPENDIX

Application raising complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1

(non-enforcement or delayed enforcement of domestic decisions)

Application no.

Date of introduction

Applicant's name

Year of birth

Representative's name and location

Relevant domestic decision

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

4302/18

12/01/2018

Tatyana Anvarovna GURBANOVA

1958

Aliyeva Sevinj Ali gizi

Baku

Supreme Court, 27/02/2002

13/01/2020

23/07/2020

3,600

200

1

Plus any tax that may be chargeable to the applicants.

2

Plus any tax that may be chargeable to the applicants.