Thursday, October 8 2020 13:43

ArmInfo.The decision taken by the ECHR is binding. This endowed Armenia with the opportunity to constantly present demands to Turkey, new facts and expect new  decisions on Turkey from the ECHR, and if Ankara refuses to carry out  these decisions. A similar opinion was expressed to ArmInfo by an  expert on international law, lawyer practicing at the ECHR Ara  Ghazaryan.

On October 5, the ECHR satisfied the request of the Armenian  government to apply interim measures on the basis of norm 39,  primarily against Turkey in connection with the situation in Artsakh.  Armenia went to court based on information about the transfer of  militants from Syria and Libya to the conflict zone. In response, the  ECHR confirmed the September 29 decision on the application of  interim measures, calling on all countries directly or indirectly  involved in the conflict, including Turkey, to refrain from violating  the rights of civilians provided for by the European Convention.

"The ECtHR decision of October 5 notes its context with the decision  adopted on September 29. This means that the ECHR, at the suggestion  of Armenia, considers Turkey and Azerbaijan as parties to the same  conflict. It is clear that the court formally addresses all the  countries participating in the conflict.  However, it obviously puts  emphasis on Turkey, "he stressed.

The lawyer highlighted the difficulty of providing evidence of  Turkey's participation in Azerbaijan's aggression against the Artsakh  people, while highlighting, in this light, the high level of  professionalism of the Armenian lawyers working on this claim.  According to Ghazaryan, given the limited evidence base in today's  difficult conditions, they managed to substantiate in the  international instance Turkey's involvement in the conflict, its  participation in lawlessness against the civilian population,  violations of humanitarian law, etc.

According to Ghazaryan, this means that Armenia can submit a claim to  the ECHR specifically against Turkey. In other words, the ECtHR  decision of October 5 opens up wide opportunities for Yerevan for  further actions. Plus, this decision creates an opportunity for  Armenian politicians and diplomats to demand an end to the armed  conflict with much greater confidence. Taking into account the  characterization of the situation on the part of Armenia as a fight  against international terrorism, the decision, according to the  lawyer, provides a legal basis for demands against Turkey of  practically any state.  "I think that for this, of course, an  extremely good and important decision of the ECHR for Armenia, we, in  addition to our own lawyers, need to especially thank Recep Erdogan.  For all his public hateful, full of aggression calls. This man  literally generated and continues to generate hatred. , in their  verdicts and decisions, the judges of the ECHR largely rely on the  results of their own observations. This has never been particularly  advertised, but this is a fact, "summed up Ghazaryan.

According to Egishe Kirakosyan, the representative of Armenia to the  ECHR, thus, the European Court of Human Rights recognized the fact of  Turkey's intervention in the Karabakh conflict and the recruitment of  militants for the purpose of transferring them to Azerbaijan. In his  words, Armenia intends to submit the main complaint to the ECHR in  connection with the actions of Turkey and Azerbaijan against the  peaceful Armenian population. Moreover, the decision of the ECHR in  the future will become a deterrent for Ankara, since other countries  will also refer to this document in their actions against Turkey.