JAVANSHIROVA v. AZERBAIJAN

 
 
FIFTH SECTION
DECISION
Application no. 1781/09
Sevda JAVANSHIROVA
against Azerbaijan
 
The European Court of Human Rights (Fifth Section), sitting on 6 June 2019 as a Committee composed of:
Yonko Grozev, President,
Ganna Yudkivska,
André Potocki, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 25 December 2008,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Ms Sevda Javanshir gizi Javanshirova, was born in 1963.
She was represented before the Court by Ms T. Humbatova.
The applicant’s complaints under Articles 6 and 8 of the Convention and Article 1 of Protocol No. 1 to the Convention, concerning the alleged violation of her right to respect for her home and peaceful enjoyment of her possessions, were communicated to the Azerbaijani Government (“the Government”).
On 15 January 2018 the applicant’s representative informed the Registry that the applicant had died on 21 December 2016 and that she wished to continue the proceedings before the Court in her stead.
THE LAW
The Court observes that the applicant has died and no heir or close relative or any other person with a legitimate interest has asked to pursue the application. The applicant’s representative does not fall into any of these categories (see, among other authorities, Chiyanova v Russia (dec.), no. 25085/05, 24 May 2016). Thus, the Court does not accept that Ms T. Humbatova has a legitimate interest in pursuing the proceedings before the Court in the applicant’s stead.
In the light of the above, the Court concludes that it is no longer justified to continue the examination of the application and concludes, under Article 37 § 1 (c) of the Convention, that it should be struck out of its list of cases. Furthermore, in accordance with Article 37 § 1 in fine, the Court finds no special circumstances regarding respect for human rights as defined in the Convention and its Protocols which require the examination of the application to be continued.
Accordingly, the case should be struck out of the list.
For these reasons, the Court, unanimously,
Decides to strike the application out of its list of cases.
Done in English and notified in writing on 27 June 2019.
Liv TigerstedtYonko Grozev
Acting Deputy RegistrarPresident
 
 

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