Azernews.Az

By Sara Rajabova

A judge from Luxembourg at ECHR Grand Chamber of Europe's Court is working on the complaints lodged by Azerbaijan over human rights violations by Armenia.

The complaint registered under the name of "Chiragov and others v. Armenia" deals with the sufferings of Azerbaijani IDPs from Nagorno Karabakh.

The evidences showing that Armenia is an occupier cooperating with separatist "Nagorno-Karabakh" regime were submitted to the court.

Twenty-one judges, including ECHR judges Khanlar Hajiyev from Azerbaijan and Alvina Gulumyan from Armenia attended the hearing.

Azerbaijan is officially being represented in the hearing by its authorized agent in ECHR Chingiz Asgarov.

Azerbaijanis' rights were defended by Senior Advisor of the Department for Co-ordination of Law Enforcement Agencies of the Azerbaijani Presidential Administration Otari Gvaladze, lawyers Malcolm Shaw, Urdaneta Vitek, Gabirel Lansky and Hans Tretter.

Representative and lawyers from the Armenian side also attended the hearing.

Plaintiffs Akif Hasanov and Fakhraddin Pashayev from Lachin region were present in the hearing.

Lawyers of both sides made speeches during the hearing that took place as a part of the meeting of the ECHR 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 so-called "Nagorno Karabakh Republic" is not recognized, it has its own judicial system, state agencies and the claim should be put forward against separatist "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, Gabirel Lansky and Hans Tretter, who are defending Azerbaijanis' rights said the occupied Nagorno Karabakh and adjacent regions are actually controlled by Armenia.

Afterwards, the lawyers answered judges' questions. Then the hearing went to a break.

The plaintiffs are Elkhan Chiragov, Adishirin Chiragov, Ramiz Gebrayilov, Akif Hasanov, Fekhreddin Pashayev and Qaraca Gabrayilov. Except Hasanov all plaintiffs now live in Baku. The case deals with complaints by Azerbaijani IDPs, who were forced to flee their homes in Lachin region on May 17, 1992. Up to now, the Armenian authorities have not paid compensation to them.

Lachin, which was populated predominantly by Azerbaijanis and Kurds, was seized by the Armenian armed forces on May 17, 1992.

More than 300 military men and civilians were killed or went missing during the occupation of the Lachin region. Moreover, 103 people were wounded or disabled. 18 Azerbaijani children were killed, 225 were injured and 31 lost both of their parents.

The occupation of this region caused considerable damage to Azerbaijan's economy. The losses incurred as a result of the Armenian occupation are estimated at $7 billion.

The plaintiffs rely on Articles 1 (protection of the property), 8 (right of respect to private and family life) and 13 (right of an effective remedy) of Protocol No. 1 of the European Convention on Human Rights.

The applicants claim, under Article 14 (prohibition of discrimination) of the Convention, that, if they had been ethnic Armenian and Christian, they would not have been forcibly displaced from their homes by the Armenian forces.

The claim was lodged to the European Court of Human Rights on April 6, 2005.

Armenia occupied over 20 percent of Azerbaijan's internationally recognized territory, including Nagorno-Karabakh and seven adjacent regions, after laying territorial claims against its South Caucasus neighbor that caused a brutal war in the early 1990s. Long-standing efforts by US, Russian and French mediators have been largely fruitless so far.

The UN Security Council has adopted four resolutions on Armenia's withdrawal from the Azerbaijani territory, but they have not been enforced to this day.