Interview with Rashid Hajili, director of Human Rights Institute.
Q: The organization that you lead organizes appeal to the European Court against Armenia by a group of Azerbaijani journalists. What has caused such initiative and why is it realized right in this period?
A: The initiative comes from the very journalists and preparation process of the action is underway. The action concerns not just them but also their families. The action will be motivated by the material and moral damage caused to them and impossibility to visit their houses. Moreover, the claimants will demand the Court to recognize that Armenia is an aggressor and demand compensation.
As to the period, it’s linked with the fact that the European Court has recently passed a decision on consideration of actions titled “Chiragova and others against Armenia” of IDPs from occupied Lachin and Kalbajar regions of Azerbaijan. As you know, these actions were presented yet in 2005 and after long discussions the Court had to decide whether to accept or annul these actions. In other words, the journalists, inspired with the decision, decided to put worth other corresponding actions.
Q: Why is it that only IDPs belonging to one profession i.e. journalists appealed to the European Court on Human Rights?
A: This is because journalists are the active part of the society and they are more informed about the essence of the problem. Most likely, these qualities led them to gather and bring forth an action to the European Court. In think that the European Court will have no choice but to approve the act since it’s based on facts and evidences. In order words, if the claimants bring exact evidences about the participation of Armenian forces in the occupation of the Azerbaijani lands, naturally, the Court will approve it.
And these facts are many. For example, there are many facts about passing of Armenian citizens a military service in the occupied Azerbaijani occupied territories including Nagorno-Karabakh. So the facts and documents which will be presented within the action of “Chiragova and others against Armenia” will be applicable in the action of the journalists.
Q: Will Armenians living before the Karabakh conflict in Azerbaijan obtain similar rights?
A: Of course, Azerbaijani citizens of Armenian origin who in 90th left their homes should be considered. Among them, you can find people who will bring forth an action and demand their rights. By the way, we have one such precedent. Former resident of Gulustan village Minas Sargsyan has appealed to the European Court with the reports to restore own rights. In other words, if the Court approves action of "Chiragov and others against Armenia" and of Minas Sargsyan, thousands of such appeals will follow them both from Azerbaijanis and Armenians.
Q: What fact should the European Court consider primarily when making a decision – occupation by one country of territory of another country, which en masse violated human rights or just violation of property rights of citizens?
A: It should be noted that it's not the first case in the history of the European Court when it received more complicated actions than of "Chiragov's". The Court passed such decision against Turkey, which was connected with the Cyprian problem. A claimer from the Greek side of Cyprus in his appeal indicating to the presence of Turkish soldiers in the island noted that he couldn’t go to his home which was located in the part of the Turkish Republic of South Cyprus. Accordingly, the claimant demanded the Turkish government to issue him indemnity. Turkey, however, hasn’t yet implemented the decision of the Court. This is the only case where the resolution of the European Court remains unimplemented. Turkey in turn motivates its refusal from issuing the compensation saying that this decision was political.
Q: How do you think Armenia will act if the European Court approves actions from Azerbaijan?
A: Of course, during the consideration of these actions, the Court will somehow have to study the history of the conflict between Azerbaijan and Armenia. Besides, the Court will have to realize that property rights of thousand of persons were violated. Therefore, it will be very difficult to make a decision.
Moreover, the European Court will be demanded to assess the presence of the Armenian Armed Forces in the occupied Azerbaijani territories including Nagorno-Karabakh. If the Court affirms this fact, this will mean the occupation of the mentioned territories by the armed units of Armenia. In other words, the Court will certify the presence of Armenian in the occupied Azerbaijani lands. Moreover, in case of a positive decision, thousands of people will have a juridical precedent and they will also have opportunity to appeal to the European Court and demand to restore their property and other rights.
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