A Citizen of Armenia Sues Azerbaijan

The “Populex” Advocates’ office in Vanadzor has decided to sue the Republic of Azerbaijan for illegally holding a citizen of Armenia captive and subjecting him to torture for two years. 

A month later the claim will also be submitted to the European Court of Human Rights. Two years ago, after getting lost in a forest, Badalyan unknowingly crossed the Azeri border and was held captive.  Thirty-two year old Artur Badalyan, a resident of Haghartsin Village in Tavoush Region, was returned to the Armenian side in March of 2011.

Recently, a representative of the advocates’ office met with Artur Badalyan, who returned from his 2-year captivity, and signed an agreement to initiate a claim against Azerbaijan. “The claim is being sent directly to the European Court of Human Rights, because the claim against Azerbaijan cannot be tried in Azerbaijan, as practice shows”, stated advocate Edmon Marukyan. This is the first time someone from the Armenian side has decided to sue Azerbaijan for subjecting an Armenian Citizen to torture.

The advocates claim that the Republic of Azerbaijan violated Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms, which states that no one shall be subjected to torture, inhuman or degrading treatment or punishment. The advocate notes that Azerbaijan has deprived an Armenian Citizen of freedom by illegally keeping him captive in Azerbaijan territory.

Badalyan was also subjected to inhuman and degrading treatment by exposing him to hunger in an isolation cell and inflicting him with frequent physical and psychological cruelties. Before the claim is sent to the European Court of Human Rights, the advocates’ office will address letters to Azerbaijani authorities from an independent third country with a request to provide information on the captivity conditions. This is the process of applying to the European Court of Human Rights; however, Edmon Marukyan does not believe Azerbaijan will reply to the letters.

Artur Badalyan, who was held captive for 2 years in Azerbaijan, and his advocates believe that the European Court of Human Rights will make a resolution in their favor and request Azerbaijan to reimburse for psychological and physical damages. According to the advocates, the resolution of the Court will take several years and that it will become a precedent for similar cases.

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