The European Court of Human Rights (ECHR) ruled on the question of just satisfaction in the case of Sargsyan v. Azerbaijan, holding unanimously, that the Azerbaijani government had to pay the applicant 5,000 euros (EUR) in respect of pecuniary and non-pecuniary damage and EUR 30,000 in costs and expenses.
ECHR ruling: Armenian refugee entitled to € 5,000 in compensation by Azerbaijan
STEPANAKERT, DECEMBER 12, ARTSAKHPRESS:Sargsyan v. Azerbaijan asserts that Azerbaijanis forcibly removed Armenians from the village of Gulistan in the Shahumian region of Nagorno-Karabakh, which is occupied by Azerbaijan and was the site of violent pogroms by the Azeri Army in 1992.The applicant complaint that he had since been denied the right to return to his village and to have access to and use his property there.
According to the ECHR release, the Court observed that the principle of subsidiarity underpinned the system of the European Convention on Human Rights. Thus, Armenia and Azerbaijan had given undertakings prior to their accession to the Council of Europe, committing themselves to the peaceful settlement of the Nagorno-Karabakh conflict. The Court could only underline that it was their responsibility to find a solution on a political level to the conflict. Without prejudice to any compensation to be awarded to the applicant as just satisfaction, the effective execution of the principal judgment called for the creation of general measures at national level.
In conclusion, the Court underlined the responsibility of the two states concerned to find a resolution to the Nagorno-Karabakh conflict. Pending a solution on the political level, the Court considered it appropriate to award the applicant an aggregate sum for pecuniary and non-pecuniary damage.
To note, the case Sargsyan v. Azerbaijan was examined at the Court along with separate Chigarov et al v. Armenia. ECHR issued judgments on the two cases in June 2015. Chigarov et al v. Armenia,” is a complaint filed by number of Azerbaijanis who claimed he couldn’t return to their houses in Kashatagh (Lachin), saying he was forced to leave during the height of the Karabakh war.
In today’s separate judgement, the Grand Chamber ruled on that the Armenian government had to pay 5,000 euros in respect of pecuniary and non-pecuniary damage to each of the applicants and a total amount of 28,642.87 pounds sterling for costs and expenses.
