ECHR: Armenia has to pay for damage to Azerbaijani IDPs

Armenian-Azerbaijani conflict Materials 12 December 2017 15:17 (UTC +04:00)

Baku, Azerbaijan, Dec.12

By Nigar Guliyeva - Trend:

Grand Chamber of the European Court of Human Rights (ECHR) has made a decision on "Chiragov and Others v. Armenia" case (application no. 13216/05).

The judges unanimously agreed that Armenia has to pay Elkhan Chiragov, Adishirin Chiragov, Ramiz Jabrayilov, Akif Hasanov, Fekhreddin Pashayev and Sagatel Jabrayilova, within three months, the following amounts: 5,000 euros to each one of them, plus any tax that may be chargeable, in respect of pecuniary and non‑pecuniary damage, and 28,642.87 pounds sterling plus any tax that may be chargeable to them, in respect of costs and expenses.

The case originated in an application (no. 13216/05) against the Republic of Armenia lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms by six Azerbaijani nationals, Mr Elkhan Chiragov, Mr Adishirin Chiragov, Mr Ramiz Jabrayilov, Mr Akif Hasanov, Mr Fekhreddin Pashayev and Mr Garaja Jabrayilov (“the applicants”), on April 6, 2005.

In a judgment delivered on June 16, 2015, the Court held that there had been continuing violations of Articles 8 and 13 of the Convention and Article 1 of Protocol No. 1 to the Convention and that no separate issue arose under Article 14 of the Convention. In particular, with respect to Article 1 of Protocol No. 1, the Court concluded that, as concerned the period under scrutiny, that is, from April 26, 2002, no aim had been indicated which could justify the denial of access of the applicants to their property and the lack of compensation for this interference. The Court found the Republic of Armenia responsible for the breaches of the applicants’ rights.

Under Article 41 of the Convention, the applicants sought just satisfaction amounting to several million euros in respect of damage sustained and of costs and expenses.