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2016, 07 Dekabr, çərşənbə, Bakı vaxtı 14:55

European Court Of Human Rights Rules On A 10-Year Old Complaint


France -- The European Court of Human Rights (ECHR) is seen during a hearing concerning the terrorist attack on a school in Beslan, North Ossetia (Russia), in September 2004, in Strasbourg, October 14, 2014

France -- The European Court of Human Rights (ECHR) is seen during a hearing concerning the terrorist attack on a school in Beslan, North Ossetia (Russia), in September 2004, in Strasbourg, October 14, 2014

Fakhraddin Pashayev went to the European Court of Human Rights in 2005. On June 16, the ECHR announced its decision on two pending cases: “Chiragov and others against Armenia” and “Sarkisyan against Azerbaijan”.

In essence both cases are the same. Pashayev and Sarkisyan wanted recognition of the following violations:

- protection of property (Article 1 of the Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms);

- right to respect for private and family life (Article 8, Convention for the Protection of Human Rights and Fundamental Freedoms);

- right to an effective remedy (Article 13, Convention for the Protection of Human Rights and Fundamental Freedoms)

In its decision on June 16, the ECHR recognized all three of these violations.

Lawyer Erkin Gadirli thinks that although in essence the cases are the same, the approach to the resolution of the two cases was different. “The court notes that the government in Azerbaijan has fair basis for not letting civilian citizens of Armenia come to Azerbaijan. While in the case of Azerbaijan, Armenian government has no such basis. This is extremely important and unprecedented especially in the case of Dilgam Asgarov and Shahbaz Guliyev who were trying to go to their home in Kelbecer” said Gadirli in a phone interview with Azadliq Radiosu.

The two were arrested and stood trial in Nagorno Karabakh in 2014. Dilgam Alasgarov was senteced to life while Shahbaz Guliyev to 22 years in jail. Guliyev and Asgarov were accused of spying, kidnapping and murder. Their relatives and family refuted charges calling them baseless.

Erkin Gadirli, says with this decision, the European Court recognized the right for Azerbaijanis to travel to the territories currently under the control of Armenia. The court also confirmed Armenia's control over Nagorno- Karabakh and the surrounding territories as well as Lachin.

“This was a long process. We were six people in the beginning now we are five. One of our friends died not seeing this day. And even though it took 10 years, we are happy with the decision of the court. We believed in Europe’s justice from the very start” said Pashayev in a phone interview with Azadliq Radiosu.

But Pashayev does not know whether he is going to be able to travel to his land. In the meantime, he does not imagine not seeing it before he dies.

Following the occupation of Lachin in 1992, its residents were forced to flee their homes unable to return. The applicants - Elkhan Chiragov, Adishirin Chiragov, Ramiz Jebrailov, Akif Hasanov, Fakhraddin Pashayev lost their property as a result.

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