The European Court of Human Rights has declined request by Azerbaijan to suspend interim measures in Armenia v. Azerbaijan proceedings regarding captives.

On September 29, 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 (interim measures) in regard to the conflict in and around Nagorno-Karabakh.

On December 3, the government of Azerbaijan asked the Court to suspend the proceedings on interim measures, but the government of Armenia asked the Court to reject Baku's requests.

On December 15, the Court (sitting as a Chamber of seven judges) examined the requests made by the Azerbaijani government. It noted that a very large number of Rule 39 requests, predominantly directed against Azerbaijan, continue to arrive at the Court, containing allegations that individuals have been captured and, in some cases, severely ill-treated. The Azerbaijani government have frequently failed to provide the information requested by the Court.

Moreover, the possibility to address the ICRC does not preclude applicants from seizing the Court, claiming violations of the Convention and requesting the application of Rule 39. In these circumstances, the Court did not find any basis for discontinuing or suspending the examination of requests under Rule 39 in reasonably substantiated cases concerning alleged captives. It therefore rejected the Azerbaijani government’s request to lift that measure.