The ECHR has adopted another
document on the Armenian - Azerbaijani conflict.
"The interim measure indicated in the case of Armenia v. Azerbaijan and
Rule 392 proceedings with regard to alleged captives to remain in force
On 29 September 2020, acting on a request for a general interim measure lodged by Armenia against Azerbaijan, the European Court of Human Rights decided to apply Rule 39 of the Rules of Court in regard to the conflict in and around Nagorno-Karabakh.
"The Court further noted that the mutual exchange of captives had started on 14 December 2020. It welcomed this development. For the time being, however, it found that the general interim measure of 29 September 2020, as interpreted on 4 November 2020 and addressed to both Armenia and Azerbaijan, should remain in force, as a reminder to both parties of their obligations under the Convention. It therefore rejected the Azerbaijani Government’s request to lift that measure". This is mentioned in the document.
Taking the view that the situation gave rise to a risk of serious violations of the Convention, the Court called upon both Azerbaijan and Armenia to refrain from taking any measures, in particular military action, which might entail breaches of the Convention rights of the civilian population, including putting their life and health at risk, and to comply with their obligations under the Convention, notably in respect of Article 2 (right to life) and Article 3 (prohibition of torture and inhuman or degrading treatment or punishment).
By a statement of 4 November 2020, the Court pointed out that, while the above decision specifically mentioned the rights of civilians, it also called on the States to comply with their obligations under the Convention. It clarified that the latter expression included also the Convention rights of those who were captured during the conflict and those whose rights might otherwise be violated".
