Different interpretations of Baku and Yerevan decisions of the European Court in the case of R. Safarov

The 29th session of the Conference of the Parties (COP29) to the United Nations Framework Convention on Climate Change (UNFCCC), which began in Baku on November 11, is ongoing and will continue until November 22. During this time, international organizations have continued their calls to Azerbaijan regarding human rights issues.

One of the fundamental rights that must be upheld for internally displaced persons (IDPs) forced from their homes due to Armenian aggression is the right to housing. The right to housing is constitutionally granted to Azerbaijani citizens, and according to this key document, no one may be unlawfully deprived of their residence[1]. The Constitution also guarantees citizens the right to live in safety. However, the situation differs for citizens who have been forcibly displaced from Karabakh. Following the liberation of Karabakh from Armenian occupation, priority should have been given, under national legislation, to recognizing the housing (residential) rights of individuals previously residing in those territories (or, if deceased, their heirs). Unfortunately, this has not happened.

In the process of resettling the territories of Karabakh liberated from Armenian occupation, protecting the property rights of internally displaced persons (IDPs) is one of the most pressing issues. This involves ensuring the property rights of approximately 190,000 families (715,000 individuals), as enshrined in the country’s constitution, a fundamental human right universally recognized.

Azerbaijani political opposition figures, who are pursued and placed in detention centers and other places of confinement, resort to the last means of protest—a hunger strike. In most cases, prison authorities claim they are unaware of the inmate’s hunger strike; in rarer cases, if the hunger striker nears death, they are transferred to the medical unit. Recently, a unique incident occurred in this context—the head of Detention Center No. 1 in Baku awarded a certificate of commendation to National Front Party of Azerbaijan member Famil Khalilov, who had been on a hunger strike for more than 50 days, for his exemplary behavior. What rights does the law provide to a prisoner on a hunger strike, and what responsibilities does the leadership of the Penitentiary System have in this situation? These and other questions were addressed to Turan by the head of the Human Rights Center of Azerbaijan, Eldar Zeynalov, who responded to Turan's questions.