European Court completes hearing on Azerbaijani IDPs` complaint against Armenia

  22 January 2014    Read: 759
European Court completes hearing on Azerbaijani IDPs` complaint against Armenia
Chingiz Asgarov: “The Armenians indirectly confessed Armenia`s comprehensive control over Nagorno-Karabakh

The sides answered the questions of the judges after the break at the hearing of the European Court of Human Rights (ECtHR) on the Azerbaijani IDPs` complaint against Armenia.

AzVision.az reports that the answers of both plaintiffs and those representing Armenia were listened.

Judge Dean Spielmann from Luxembourg, who presided over the hearing, said that the court would pass a judgment on the case and inform the parties in the next stage. However, he didn`t give information about the date of the judgment.

Following the hearing, Azerbaijan`s authorized representative in ECtHR Chingiz Asgarov told journalists that it is unknown when the judgment will be passed: “The Azerbaijani side really seemed right at today`s hearing. The speeches of the lawyers and representatives of the Armenian side clearly showed that they were forced to lie as they had no argument. For example, they said that the Armenian army was not involved in these operations, there are no Armenian forces in Nagorno-Karabakh. On the other hand, they indirectly confessed that their soldiers are doing military service in the occupied territories and said that their judges work according to the legislation of the Republic of Armenia. The Armenians indirectly confessed Armenia`s comprehensive control over Nagorno-Karabakh. Now we expect the honorable judges to take correct position by taking all this into account and support the position of the Azerbaijani internally displaced persons.”

The European Court of Human Rights (ECtHR) has started considering Azerbaijanis` complaint against Armenia.

21 judges, including ECtHR judges Khanlar Hajiyev from Azerbaijan and Alvina Gulumyan from Armenia are attending the hearing.

Azerbaijan is officially being represented by its authorized representative in ECtHR Chingiz Asgarov.

Azerbaijanis` interests are being protected by Chief Advisor of the Department to Work with law enforcement agencies of the Azerbaijani Presidential Administration Otari Gvaladze, lawyers Malcolm Shaw, Urdaneta Vitek, Gabirel Lansky and Hans Tretter. From the Armenian side, an official representative and lawyers are attending the hearing.

From plaintiffs, Akif Hasanov and Fakhraddin Pashayev from Lachin region are also participating in the hearing.

Lawyers of both sides made speeches at the hearing that took place as a part of the meeting of the European Court of Human Rights (ECtHR) Grand Chamber on the claims put forward by Azerbaijani IDPs against Armenia.

The Armenian lawyers didn`t agree with the claim that introduced the Armenian state as a responder.

They said that though “Nagorno Karabakh Republic” is not recognized, it has its own judicial system, state agencies and the claim should be put forward against “Nagorno Karabakh

The lawyers tried to prove that Armenia`s commitment to “Nagorno Karabakh” is only related with providing inhabitants with the national passports, which will allow them traveling abroad.

Lawyers Malcolm Shaw, Urdaneta Vitek, Gabriel Lansky and Hans Tretter, who are protecting Azerbaijanis` interests, said that the occupied Nagorno Karabakh and adjacent regions are actually controlled by Armenia. In addition, the evidences showing that Armenia is an occupier country and is cooperating with separatist “Nagorno Karabakh” regime were submitted.

The lawyers answered judges` questions.

The applicants are Elkhan Chiragov, Adishirin Chiragov, Ramiz Gebrayilov, Akif Hasanov, Fekhreddin Pashayev and Qaraca Gabrayilov. All but Hasanov now live in Baku. The case concerns the complaints by Azerbaijani IDPs, they were forced to flee from their homes on May 17, 1992. Up to now, the Armenian authorities have not paid compensation for this damage. The applicants rely on Article 1 of Protocol No. 1 (protection of the property) and Articles 8 (right to respect to private and family life) and 13 (right to an effective remedy ) of the European Convention on Human Rights. Finally the applicants claim, under Article 14 (prohibition of discrimination) of the Convention in conjunction with all the above Articles, that, if they had been ethnic Armenian and Christian, they would not have been forcibly displaced from their homes by the Armenian forces. The application was lodged with the European Court of Human Rights on April 6, 2005.

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