Convicted Armenians to seek ECHR review

PanARMENIAN.Net - Armenian prisoners and detainees sentenced in Baku will apply to the European Court of Human Rights (ECHR) without exhausting appeals in Azerbaijan’s higher courts, their legal representative Siranush Sahakyan said.

Sahakyan, who represents Armenian prisoners and hostages before the European Court, addressed the legal mechanisms available to challenge the verdicts handed down against Armenian figures held in Baku prisons, Panorama.am reports.

“Yes, the issue also has a legal solution. It is primarily a political matter, but given that legal processes were first and foremost abused for political purposes, there is an opportunity for legal continuation,” she said.

According to Sahakyan, while it is formally possible to apply to higher courts in Azerbaijan, such as appellate or cassation instances, these do not constitute effective remedies for achieving justice. At the same time, Azerbaijani authorities have recognized the jurisdiction of the European Court of Human Rights, and violations of the right to a fair trial can be effectively raised in an application to the ECHR.

“It should be noted that Azerbaijani political prisoners, activists and journalists who have been victims of repression have managed to restore their rights precisely through this court. Of course, there is also the UN mechanism, but it mainly exerts political and moral pressure, whereas legally binding acts can be obtained through the activity of the ECHR,” Sahakyan emphasized.

She stressed that applying to Azerbaijan’s higher courts is not mandatory before filing a complaint with the ECHR, as the European Convention requires exhaustion only of adequate and effective remedies.

“If a remedy theoretically exists but is formal and cannot operate effectively due to various problems, applicants may be exempt from that obligation, though the burden of proof shifts. If applicants do not exhaust higher court remedies, they must substantiate why they consider the theoretically existing mechanisms ineffective,” Sahakyan said.

She added that there is precedent in Armenian-Azerbaijani relations showing Azerbaijani courts have failed to provide effective protection. As an example, she cited the case of Gurgen Margaryan, when Ilham Aliyev’s decree pardoning Ramil Safarov was not challenged in domestic courts, although such acts are subject to judicial review.

“Azerbaijan’s higher courts are ineffective in cases involving Armenians. We have similar precedents concerning other victims — Khojoyan, Saribekyan, Badalyan and others. We also have precedents in property rights cases, with unchanged, uniform judicial decisions, which demonstrate that Armenians do not have effective legal remedies in Azerbaijan,” she said.

Asked whether applications to the ECHR have already been initiated, Sahakyan said the legal team of Ruben Vardanyan will soon issue a statement.

Regarding former political and military leaders of Artsakh, she noted that consultations are ongoing with their family members and further details will be announced later.

“Naturally, these processes will have legal continuation. We will be able to provide details at a later stage,” the lawyer said.

Azerbaijani authorities sentenced former Artsakh State Minister and philanthropist Ruben Vardanyan to 20 years in prison. Former Nagorno-Karabakh president Arayik Harutyunyan was sentenced to life imprisonment. Life sentences were also imposed on former Defense Army commander Levon Mnatsakanyan and his former deputy Davit Manukyan, as well as former Artsakh Foreign Minister Davit Babayan and National Assembly Speaker Davit Ishkhanyan. Former Artsakh presidents Arkadi Ghukasyan and Bako Sahakyan were sentenced to 20 years in prison.

Madat Babayan and Melikset Pashayan received 19-year sentences; Garik Martirosyan was sentenced to 18 years; Davit Alaverdyan and Levon Balayan to 16 years; and Erik Ghazaryan, Gurgen Stepanyan and Vasil Beglaryan to 15 years.