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BAKU: Azeris may go to European Court against Armenia - HR experts

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  • BAKU: Azeris may go to European Court against Armenia - HR experts

    Azeris may go to European Court against Armenia - human rights experts

    Ekho, Baku
    2 Dec 04


    Text of R. Orucov and N. Aliyev report by Azerbaijani newspaper Ekho
    on 2 December headlined "It is possible to demand compensation from
    Armenia" and subheaded "The European Court of Human Rights recently
    set a precedent for this"

    The European Court of Human Rights [ECHR] has made an interesting
    decision on the case of Ilascu and others against Moldova and Russia
    (No. 48787/99). Ilascu and his friends from the Popular Front of
    Moldova were held captive by Dniester separatists. Later, he was
    recognized as a political prisoner, released under foreign pressure,
    left the country and became a Romanian senator. The suit was accepted
    although Moldova had disavowed responsibility for the violation of the
    European Convention on Human Rights [and Fundamental Freedoms] in the
    "Dniester Republic of Moldova", while Russia had nothing to do with
    Dniester territorially.

    "The matter is that the Russian army, which was deployed in the region
    and acted on the side of the separatists, had been involved in the
    arrest of Ilascu. It means Russia was responsible," the director of
    the Human Rights Centre of Azerbaijan, Eldar Zeynalov, said.

    The European Court issued a resolution to pay Ilascu 180,000 euroes
    and other plaintiffs 120,000 euroes each.

    "I think a precedent has already been set, which could be used against
    Armenia and Russia in the Karabakh issue. One just needs to have a new
    court ruling or prove that the chances to go to Armenian or Russian
    courts are exhausted. The most relevant occasion for this are the
    recent captives and missing persons (in this case, this is a
    continuing violation)," Zeynalov noted.

    It is clear that besides former captives, Azerbaijani refugees from
    Armenia and internally displaced persons from the occupied territories
    of Azerbaijan can also file similar lawsuits against Armenia and
    Russia, because they were all victims of the aggression by these two
    neighbouring states.

    The deputy head of the working group of the Azerbaijani state
    commission for prisoners of war, [hostages and the missing], Eldar
    Samadov, told Ekho that "a good precedent" has been set,
    indeed. Around 1,360 citizens who have been in Armenian captivity as a
    result of the aggression by Armenia are living in Azerbaijan today, he
    said.

    "I think not only former POWs, but also all citizens who have in any
    way suffered from Armenia's invasive policy can file suits with the
    European Court. Some have lost their relatives, others houses,
    property and land plots," Samadov said.

    The renowned international lawyer, Erkin Qadirov, told Ekho that
    besides the Ilascu case, the ECHR also examined the case of a Cypriot
    citizen of Greek origin, (Luilidu?). "She used to live in Northern
    Cyprus. Once she decided to go to the land she earlier owned, but was
    denied entry on the border. After that, she filed a suit with the ECHR
    against Turkey and won the case. Although Northern Cyprus doesn't
    officially belong to Turkey, it is controlled by the [Turkish]
    army. Lawyers have been saying for quite a long time that Azerbaijani
    nationals could file a number of suits with the ECHR against
    Armenia. The problem is how to formulate these demands. One of the
    refugees should make at least an attempt to go to the occupied lands
    and get stopped there. In other words, th ere should be a story for
    the case."

    "Under the current circumstances and especially against the background
    of all recent diplomatic efforts, it would be more realistic and
    useful for Azerbaijan to file an inter-governmental suit with the ECHR
    against Armenia," Qadirov said. "Inter-governmental suits also have
    precedents. Their advantage is that unlike individual suits, they can
    be abstract rather than specific. Azerbaijan can even bring an
    inter-governmental suit against Armenia and accuse it of violating the
    rights of its own nationals by compelling them to do their military
    service in the occupied territories of Azerbaijan. These are different
    mechanism and Azerbaijan just needs to try them."

    Incidentally, the media recently circulated reports that a group of
    Azerbaijani refugees and internally displaced persons filed a suit
    with the ECHR against Armenia, demanding that it pay compensation for
    the damage inflicted. Thus, we can have another court precedent in our
    favour in case of success.
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