About 40 cases of torture and murder of civilians and captives under Azerbaijani control have been submitted to the European Court of Human Rights (ECHR). They are under discussion, in some cases the court has given priority. Complaint on another 30 cases will be submitted to ECHR, too.
“These are cases that are being prepared: either as a result of captivity or as a result of falling into the hands of the Azerbaijani Armed Forces. We distinguish these cases from the cases of shelling,” says Siranush Sahakyan, Representative of the Armenian Captives in the ECHR.
According to Siranush Sahakyan, there is indisputable evidence regarding these 80 captives. Baku claims that there are 45 captured Armenians. The representative of the captives in the ECHR emphasizes that Azerbaijan cannot deny the fact of captivity of these people. All these cases are in court.
“It is another issue that the Azerbaijani government consistently denies the circumstances of the captivity, but based on the evidence, we think the court will record that they were captured. It is another question what fate befell them,” Siranush Sahakyan says.
Azerbaijan has launched lawsuits against all 45 prisoners illegally, issued verdicts and sentenced them to 4-20 years in prison on almost the same grounds. According to Sahakyan, by imposing severe sanctions, Azerbaijan uses it as a lever to influence Armenia more. Baku is also trying to create allegedly legal grounds to delay the return of the captives.
“However Azerbaijan also understands that it can play in time, in a short time, it is clear that the court will not have time to conduct an investigation, but after some time Azerbaijan will have to return, regardless of political demands. And for that, he has to use this one or two years for pressure purposes,” Sahakyan says.
Armenia has filed an interstate complaint with ECHR over illegal convictions. A group of lawyers has also filed a complaint with the European Court in connection with the fake criminal cases against Armenian captives. Immediate action was taken against all the prisoners; the court examined the cases expeditiously.
“Even the Azerbaijani human rights organizations have monitored and reported that there have been numerous violations of the law of the court, even within the framework of domestic legislation. We have more serious problems in terms of international standards,” Sahakyan says.
The courts, for example, acted on political orders. Judges on the Armenian captive trial are on the blacklist for illegal verdicts against the Azerbaijani opposition. The right to defense was denied. According to Sahakyan, there are many violations. And in violation of such principles, court decisions cannot be recognized internationally.
