Lawyer: Azerbaijan appealed the ECHR ruling in the case of Major Toroyan to the Grand Chamber

ArmInfo. Azerbaijan has appealed the European Court of Human Rights (ECHR) decision of June 18, 2026, in the case of Major Toroyan to the Grand Chamber, but the likelihood of success is very low. This was reported by lawyer Ara Ghazaryan on his Facebook page.

"This was expected. We have not yet received an appeal. The likelihood of success on an appeal is low, statistically speaking, 5-6%. More importantly, on what basis did Azerbaijan appeal the decision? An appeal based on facts is impossible. An appeal to the Grand Chamber can only be filed on a point of law if it raises a question concerning the interpretation of an article of the Convention or a question of general (pan-European) significance. In this regard, it is more likely that Azerbaijan will appeal the theoretical basis of extraterritorial jurisdiction that the ECHR applied in this case. The incidents occurred behind Armenian positions in the village of Talish, which was largely under the control of the Artsakh armed forces. However, an Azerbaijani sabotage group temporarily infiltrated the rear and committed war crimes there," the lawyer explained.

According to him, the ECHR did not apply the "active phase of war" principle, as in that case its application would have been rejected (in the active phase of war, when the parties to the conflict are engaged in active military action, Greek law applies almost entirely, and the ECHR does not apply).

"This principle applies primarily to long-range bombing. Instead, the ECHR applied the principle of individual approach, according to which, in the absence of territorial control by the armed forces, the individual actions of individual enemy units or soldiers in the rear can also be attributed to the armed forces of the enemy, assessed with a certain probability (the element of proximity). "I believe this is precisely what Azerbaijan will appeal, as this doctrine of probability (or proximity) is an evolving principle, and its abuse creates gray areas in international law that are exploited by conflicting parties, and which Azerbaijan also extensively exploited in its military operations in 2020 and 2023," Kazaryan concluded.

On June 18, 2026, the European Court of Human Rights (ECHR) ruled against Azerbaijan in the case of the brutal murder of Armenian serviceman, Artsakh Defense Army Major Hayk Toroyan. The Court found Baku liable for gross violations of the European Convention on Human Rights and ordered the major's family to pay €90,000 in compensation for moral damages.