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ARMENIAN AND AZERBAIJANI REFUGES IN EUROPEAN COURT: WILL PARITY BE MAINTAINED?
News from Armenia - NEWS.am
January 11, 2012 | 16:00
The European Court of Human Rights (ECHR) has declared admissible
the application in a case of Elkhan Chiragov v Armenia.
Talking to Armenian News-NEWS.am lawyer Ara Ghazaryan said the Court
is to focus on the issue of territorial jurisdiction
On January 9 ECHR declared admissible two lawsuits filed by refugees -
an Armenian and an Azerbaijani. The applicants are Elkhan Chiragov,
former resident of Lachin (territory of security zone around
Nagorno-Karabakh Republic) and former resident of Gulistan village
of Shahumyan region (presently occupied by Azerbaijan) Minas Sargsyan.
The complaints were selected from over 1,000 similar cases (about 600
filed by Azerbaijani refugees and about 500 from Armenian refugees)
last year to serve as a precedent. Both complaints say about loss of
property as a result of Nagorno-Karabakh conflict. Chiragov's complaint
also includes certain ethnic and religious provisions. The Court is
supposed to deliver its judgment on both cases at a later date.
Ara Ghazaryan stressed that taking into procedure compliant filed by
Chiragov, the Court should solve the problem concerning territorial
jurisdiction.
"The alleged violation of Chiragov's rights did not occur in the
territory of Armenia," he said noting that obviously both cases have
political coloring.
In case of Chiragov, ECHR must answer the question whether Armenia
is responsible for the alleged violation which took place outside
its territory. At the same time, the ECHR is not authorized to hear
cases involving non-members of the European Convention on Human Rights
(Nagorno-Karabakh is non-member).
Regarding Sargsyan's case, Azerbaijani side put forward as a
"counter-argument" the claim that the Shahumyan region allegedly is
not controlled by Azerbaijan.
"It's ridiculous assertion. Everyone knows that since 1993, Shahumyan
region has been occupied and controlled by Azerbaijan. Thus, parity
is not maintained," he added.
ECHR has not answered the question on territorial jurisdiction since
Chiragov's complaint was filed in 2005.
"What new facts can emerge in the coming 6-7 months? Does the ECHR
intend to send a monitoring team to review the situation? If so,
why was not it done earlier?" the lawyer wonders.
"In general, both judgments are similar. I believe the Court will
maintain parity in the future," Ghazaryan concluded.
News from Armenia - NEWS.am
January 11, 2012 | 16:00
The European Court of Human Rights (ECHR) has declared admissible
the application in a case of Elkhan Chiragov v Armenia.
Talking to Armenian News-NEWS.am lawyer Ara Ghazaryan said the Court
is to focus on the issue of territorial jurisdiction
On January 9 ECHR declared admissible two lawsuits filed by refugees -
an Armenian and an Azerbaijani. The applicants are Elkhan Chiragov,
former resident of Lachin (territory of security zone around
Nagorno-Karabakh Republic) and former resident of Gulistan village
of Shahumyan region (presently occupied by Azerbaijan) Minas Sargsyan.
The complaints were selected from over 1,000 similar cases (about 600
filed by Azerbaijani refugees and about 500 from Armenian refugees)
last year to serve as a precedent. Both complaints say about loss of
property as a result of Nagorno-Karabakh conflict. Chiragov's complaint
also includes certain ethnic and religious provisions. The Court is
supposed to deliver its judgment on both cases at a later date.
Ara Ghazaryan stressed that taking into procedure compliant filed by
Chiragov, the Court should solve the problem concerning territorial
jurisdiction.
"The alleged violation of Chiragov's rights did not occur in the
territory of Armenia," he said noting that obviously both cases have
political coloring.
In case of Chiragov, ECHR must answer the question whether Armenia
is responsible for the alleged violation which took place outside
its territory. At the same time, the ECHR is not authorized to hear
cases involving non-members of the European Convention on Human Rights
(Nagorno-Karabakh is non-member).
Regarding Sargsyan's case, Azerbaijani side put forward as a
"counter-argument" the claim that the Shahumyan region allegedly is
not controlled by Azerbaijan.
"It's ridiculous assertion. Everyone knows that since 1993, Shahumyan
region has been occupied and controlled by Azerbaijan. Thus, parity
is not maintained," he added.
ECHR has not answered the question on territorial jurisdiction since
Chiragov's complaint was filed in 2005.
"What new facts can emerge in the coming 6-7 months? Does the ECHR
intend to send a monitoring team to review the situation? If so,
why was not it done earlier?" the lawyer wonders.
"In general, both judgments are similar. I believe the Court will
maintain parity in the future," Ghazaryan concluded.