8
SAMADBAYLI AND OTHERS v. AZERBAIJAN JUDGMENT
39. The Court notes that all the applicants were represented by
Mr I. Aliyev in the proceedings before the Court and that substantial parts
of the lawyer’s submissions were similar to those made in a number of other
similar applications. Taking into account that circumstance, as well as the
documents in its possession and to its case-law, the Court considers it
reasonable to award a total sum of EUR 10,000 to all the applicants jointly,
to be paid directly into the representative’s bank account, covering costs
under all heads, plus any tax that may be chargeable to the applicants.
C. Default interest
40. The Court considers it appropriate that the default interest rate
should be based on the marginal lending rate of the European Central Bank,
to which should be added three percentage points.
FOR THESE REASONS, THE COURT, UNANIMOUSLY,
1. Decides to join the applications;
2. Rejects the Government’s request to strike applications nos. 36821/11,
37656/11, 37661/11, 37740/11, 37866/11, 38636/11 and 38885/11 out of
the Court’s list of cases;
3. Declares the applications admissible;
4. Holds that there has been a violation of Article 3 of Protocol No. 1 to the
Convention;
5. Holds that there is no need to examine the complaint under Article 14 of
the Convention in applications nos. 37866/11 and 42360/11;
6. Holds that the respondent State has failed to comply with its obligation
under Article 34 of the Convention;
7. Holds
(a) that the respondent State is to pay the applicants within three months
the following amounts, to be converted into Azerbaijani manats at the
rate applicable at the date of settlement:
(i) EUR 10,000 (ten thousand euros), plus any tax that may be
chargeable, to each applicant, in respect of non-pecuniary damage;
(iii) EUR 10,000 (ten thousand euros), plus any tax that may be
chargeable to the applicants, to all the applicants jointly, in respect