Emil Babayan: Number of preconditions needed to implement ECHR ruling on “Chigarov et al vs. Armenia” case
Discussion on the implementation of the judgments on “Chigarov et al vs. Armenia,”
and “Sargsyan et al vs. Azerbaijan” cases by the European Court of Human Rights (ECHR) was held in the Committee of Ministers of the Council of Europe (COE). Armenia’s Representative to ECHR, Aide to the RA President Gevorg Kostanyan, Adviser to Artsakh (NKR) President Emil Babayan, Permanent Representative of Armenia to the COE Paruyr Hovhannisyan attended the discussion.
Panorama.am reporter in Strasbourg took an exclusive interview from Mr. Emil Babayan to reflect on the discussion and the results of the meeting.
It was noteworthy, that the representative of the Republic of Artsakh participated in the Committee of Ministers meeting to present Artsakh position on matters concerning its people and security.
Emil Babayan noted that certain problems persist concerning the implementation of “Chigarov et al vs. Armenia” case ruling, specifically the rights of any refugees can be protected, restored or compensated only in the territory of the Artsakh Republic.
“It is too early speaking about implementing the ruling due to the current situation created by Azerbaijan. I presented number of proposals which will serve as basic preconditions before speaking about any compensation or legal mechanisms to address the matter. The first precondition relates to the creation of security mechanisms in Artsakh Republic, specifically the introduction of the investigative mechanisms into the ceasefire violation incidents as well as the general easing of the tensions. In the ongoing war situation when soldiers are killed on daily basis on the border it remains realistically infeasible to speak of any efficient implementation of the judgement,” Babayan said.
Asked whether the presence of the Artsakh Republic representative in the Committee of Ministers meeting might be viewed as a step forward in the process of Artsakh becoming a subject of international relations, Babayan replied: “The speech of the Artsakh Republic representative in the Committee of Ministers’ meeting is quite important, since overarching goal for all Armenians has been the official recognition of Artsakh since its independence declaration. “
“We should work hard everywhere like this, and our efforts should not be restricted. We should raise matters concerning the Artsakh Republic fate, its people, prosperity and security at all available instances with participation of its representatives to make the voice of Artsakh people and leadership heard,” Babayan explained, suggesting the successful work in this direction will lead to the international recognition of the Artsakh Republic.
To remind, “Chigarov et al vs. Armenia” along with separate case “Sargsyan vs. Azerbaijan” relate to the Nagorno Karbakh conflict.
“Chigarov et al vs. 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. The second case, “Sargsyan vs. 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. ECHR issued judgments on the two cases in June 2015.
The implementation of the ECHR judgments is under supervision by the Committee of Ministers that holds regular discussions to assess the progress over the implementation of the rulings.