6
HAJILI v. AZERBAIJAN JUDGMENT
THE LAW
I. THE GOVERNMENT’S REQUEST FOR THE APPLICATION TO BE
STRUCK OUT UNDER ARTICLE 37 OF THE CONVENTION
22. By letter dated 26 October 2010 the Government informed the Court
of their unilateral declaration with a view to resolving the issues raised by
eight separate applications, including the present application lodged by
Mr Arif Hajili. The declaration read as follows:
“Having regard to the Court’s judgment in the case of Namat Aliyev v. Azerbaijan
(application no. 18705/06, 8 April 2010) the Government of the Republic of
Azerbaijan wish to express – by way of a unilateral declaration – its
acknowledgement that in the cases of Yagub Mammadov (application no. 24506/06),
Arif
Hajili
(application
no.
6984/06),
Mirmahmud
Fattalyev
(application no. 40318/06), Fuad Mustafayev (application no. 19552/06), Isa Gambar
(application no. 4741/06), Elchin Rzayev (application no. 22457/06), Eldar Namazov
(application no. 22564/06), Ilham Huseyn (application no. 36105/06) v. Azerbaijan
the rights of the applicants under Article 3 of Protocol No. 1 were violated.
The Government are prepared to pay to each applicant total sum of EUR 9,100 (nine
thousand one hundred euros) in compensation for non-pecuniary damage and costs
and expenses. These sums shall be free of any tax that may be applicable and shall be
payable within three months from the date of the notification of the striking-out
judgment of the Court pursuant to Article 37 of the European Convention on Human
Rights. From the expiry of the above-mentioned period, simple interest shall be
payable on the above amounts at a rate equal to the marginal lending rate of the
European Central Bank during the default period plus three percentage points.
The Government consider that this amount will be an adequate redress and sufficient
compensation for the impugned violations and thus will constitute the final settlement
of the present cases.
The Government note that the Election Code of the Republic of Azerbaijan has been
amended – following the recommendations of the Venice Commission of the Council
of Europe – in order to improve the procedure of examination of the complaints by the
electoral commissions. The Government will also undertake to issue appropriate
instructions and adopt all necessary measures in view to ensure that all complaints
concerning election irregularities are effectively addressed at the domestic level in the
future. Moreover, the ‘Action Plan for Council of Europe support to parliamentary
election in Azerbaijan in November 2010’ was adopted in cooperation between the
Government of Azerbaijan and the Council of Europe in order to support the election
process in the country. Various measures (political, legislative, training, media issues,
voters’ awareness raising, etc.) were scheduled in this document. In particular, taking
account of the Court’s judgment in the case of Namat Aliyev v. Azerbaijan and its
case-law, as well as applications lodged with the Court against Azerbaijan with
respect to Article 3 of Protocol No. 1 to the Convention, various trainings and
seminars will be organized for the representatives of the electoral administration as
well as judges in order to improve the appeals and complaints system stipulated in the
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