ECHR Delivered a Judgment on Sargsyan v. Azerbaijan Case

• 06.17.2015, 14:22
•  Europe,  Region,  Armenia

The European Court of Human Rights made a decision on the case "Sargsyan v. Azerbaijan" during a hearing on June 16 and delivered a judgment. The full text can be read here.

"…What has to be examined in the present case is whether the respondent Government have violated the applicant’s rights in the ensuing situation, which is a direct result of the unresolved conflict over Nagorno‑Karabakh between Armenia and Azerbaijan. In that connection, the Court observes that the applicant is one of hundreds of thousands of Armenians who fled from Azerbaijan during the conflict leaving property and home behind…" the judgment reads.

 Taking consideration all the facts and arguments the Court

"1. Dismisses, by fifteen votes to two, the respondent Government’s preliminary objection of non-exhaustion of domestic remedies;

2.  Holds, by fifteen votes to two, that the matters complained of are within the jurisdiction of the Republic of Azerbaijan and that the respondent Government’s responsibility is engaged under the Convention and

dismisses the respondent Government’s preliminary objection concerning lack of jurisdiction and responsibility;

3.  Dismisses, by fifteen votes to two, the respondent Government’s preliminary objection that the Court lacked competence ratione temporis in so far as the applicant’s complaints relate to his house;

4.  Dismisses, by fifteen votes to two, the respondent Government’s preliminary objection that the applicant lacked victim status in so far as his complaints related to his relatives’ graves;

5.  Holds, by fifteen votes to two, that there has been a continuing violation of Article 1 of Protocol No. 1 to the Convention;

6.  Holds, by fifteen votes to two, that there has been a continuing violation of Article 8 of the Convention; 

7.  Holds, by fifteen votes to two, that there has been a continuing violation of Article 13 of the Convention;

8.  Holds, by sixteen votes to one that no separate issue arises under Article 14 of the Convention;

9.  Holds, by fifteen votes to two, that the question of the application of Article 41 is not ready for decision; and consequently,

(a)  reserves the said question in whole;

(b)  invites the respondent Government and the applicant to submit, within twelve months from the date of notification of this judgment, their written observations on the matter and, in particular, to notify the Court of any agreement that they may reach;

(c)  reserves the further procedure and delegates to the President of the Court the power to fix the same if need be."