ECHR Upheld Complaint of Azerbaijani Refugees against Armenia

The Grand Chamber of the European Court of Human Rights (ECHR) issued a judgment in the case “Chyragov and others against Armenia". This complaint of Azerbaijani refugees from the Lachin region was against Armenia, which is occupying their lands.

The ECHR found a violation of the applicants' rights under Article 1 (protection of property) of Protocol N 1 to the European Convention on Human Rights, Article 8 (right to respect for private and family life), and Article 13 (right to an effective remedy).

The applicants, citizens of Azerbaijan Elkhan Chiragov, Adishirin Chiragov, Ramiz Jebrailov, Akif Hasanov, Fakhraddin Pashayev and Garaja Jebrailov (died in 2005) are ethnic Kurds expelled from the Lachin region as a result of the Karabakh conflict.

ECHR confirmed that Armenia has effective control over Nagorno-Karabakh and the surrounding territories and has jurisdiction in the area of ​​Lachin.

The judgment emphasized that at the time the Soviet Union collapsed in December 1991, Nagorno-Karabakh Autonomous Region was an autonomous province within the Azerbaijan SSR.

Most of the population of the Lachin region is Kurds and Azerbaijanis, while Armenians are only 5-6%.

It is also noted that the self-proclaimed "Nagorno-Karabakh Republic" is not recognized by any state or international organization.

After the occupation of Lachin in 1992 its residents were forced to flee and are still unable to return. The applicants lost their property in the course of the occupation.

The Strasbourg Court considers incorrect the decision to refuse compensation and restitution for the plaintiffs. Keeping the peace talks does not relieve the government from doing so. At the same time, the Court postponed the issue of compensation.

In particular, it highlighted the importance of creating a simple and accessible mechanism for the payment of compensation to the applicants and other persons in a similar position.

Decisions of the Grand Chamber are final (Article 44 of the Convention).

"I am pleased with the court decision. We won the case. It's not only a victory of the applicants, but the entire Azerbaijani people," one of the applicants Fakhraddin Pashayev told Turan. He added that the decision of the ECHR recognized the responsibility of Armenia for the occupation of Azerbaijani territories and for causing material damage to citizens of the country.

The complaint was filed in 2005. On 14 December 2011 the Court declared the application admissible, thus rejecting the objections of Armenia that it goes beyond the temporal jurisdiction of the court. -06D--