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Armenia requests that ECHR expand interim measure in relation to Azerbaijan

19.10.2020, 15:19
The government of Armenia has asked the European Court of Human Rights (ECHR) to expand the interim measure against Azerbaijan, Armenia's  representative to the ECHR Yeghishe Kirakosyan said at a press conference on Monday.

Armenia requests that ECHR expand interim measure in relation to Azerbaijan
YEREVAN, October 19. /ARKA/. The government of Armenia has asked the European Court of Human Rights (ECHR) to expand the interim measure against Azerbaijan, Armenia's  representative to the ECHR Yeghishe Kirakosyan said at a press conference on Monday.

On 29 September 2020, ECHR with regard to the request of the Armenian government to apply interim measures under Rule 39 of the Rules of Court, called upon Azerbaijan and Armenia to refrain from taking any measures, in particular military actions, 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 engagements 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) of the Convention.  
Both contracting parties were asked to inform the Court, as soon as possible, of measures taken to comply with their obligations.

"Our request was satisfied (by ECHR), which means that Armenia is ready to file an interstate complaint, but this is still being discussed with the government, which is to take a relevant decision," Kirakosyan said the following day.

A few days later, on October 7, on the basis of evidence presented by Armenia, the ECHR recorded the fact of Turkey's involvement in the conflict in Karabakh and applied an interim measure in relation to Turkey as well. 

Also, the ECHR called on all states directly or indirectly involved in the conflict, including Turkey, to refrain from violating the Convention for the Protection of Civilian Population and to comply with their obligations under this convention. 
Kirakosyan told today's news conference that the request to expand interim measure in relation to Azerbaijan was prompted by the latest developments associated with various videos, which clearly show the executions of Armenian prisoners of war by Azerbaijani soldiers, inhuman treatment of bodies of the killed Armenian soldiers, atrocities, beheadings and many other terrible incidents.

According to Kirakosyan, Armenia requested that the measure should apply not only to cases of targeting the civilian population and civilian infrastructures, but also Armenian captives, be they prisoners of war or civilians.

On October 15, a video was circulated in Internet showing two Armenian captives, an old man and a young boy who were captured by  the Azerbaijani military, who  wrapped them in Armenian flags and shot and killed them. On October 17, Artsakh Ombudsman Artak Beglaryan prepared a closed report on the atrocities of the Azerbaijani military committed during the aggression against the republic.

On October 18, Armenian human rights defender Arman Tatoyan received information confirming that Azerbaijani servicemen had beheaded an Armenian prisoner of war two days before.

Earlier Yeghishe Kirakosyan said that new evidence of Turkey's involvement in hostilities was presented to the ECHR.  Based on the evidence presented, Azerbaijan will be held accountable for a number of violations of the European Convention on Human Rights, Armenia's representative to the ECHR said in a statement.

On September 30 Kirakosyan said Armenia may file an interstate complaint against Azerbaijan to the European Court of Human Rights (ECHR).

On October 11, a group of lawyers, on behalf of the families of two Armenian servicemen captured by Azerbaijan, submitted a statement to the ECHR requesting that it apply an urgent measure, demanding also that the Court  oblige Azerbaijan to act in accordance with customary international humanitarian law and the ceasefire agreement of October 10 on the exchange of prisoners of war and the removal of bodies of the dead and return of the prisoners of war to Armenia under the auspices of the ICRC.

Taking into account the episodes of gross violations of humanitarian law by Azerbaijan, the Armenian side presented to the ECHR a repeated claim and evidence of  war crimes committed against Armenian prisoners of war by Azerbaijani armed forces. The ECHR, on the basis of the data obtained, satisfied the claim of the Armenian side.

The ECHR, on the basis of the Armenian petition, decided to require the government of Azerbaijan to provide, by October 22, 2020, information on the conditions in which two captured military personnel are currently being held, their medical examination and  state of health, as well as the possibility of exchanging them. -0-