Former Azerbaijani Captive Artur Badalyan’s claim was sent to the European Court of Human Rights

Armenian citizen Artur Badalyan, who was tortured in Azerbaijani captivity 5 months ago, has appealed to the European Court of Human Rights filing a complaint against Azerbaijan.

Previously NEWS.am had disseminated that a native of Tavush region Haghartsin village 32-year-old Artur Badalyan, lost his way in the forest and, accidentally crossing the border, fell captive to Azerbaijanis on May 9, 2009.

Only in year and a half, on November 8, 2010, the Azerbaijani side confirmed the fact of his captivity, while previously kept denying the information of his presence on the territory of Azerbaijan. The “Center for Strategic Litigation” supported Badalyan to apply to the European Court of Human Rights. According to the advocates, the verdict over this case can serve a prototype for other cases. By advocate Edmon Marukyan’s words, the provisions of Article 2 and 5 of European Convention for the Protection of Human Rights and Fundamental Freedoms constitute the claim.

The lawyers claim that Azerbaijan violated third article of European Convention for the Protection of Human Rights and Fundamental Freedoms which asserts that nobody must be subjected to torture, inhuman and depredating treatment or punishment.

“He was subject to tortures and was kept in custody, which violated the rights and fundamental freedoms, foreseen by the European Convention of Human Rights and the Constitution of Azerbaijan. Based on this, we anticipate that the ECHR will recognize violations of rights, as prescribed by Article 2 (No one shall be subjected to torture or to inhuman or degrading treatment or punishment) and Article 5 (Everyone has the right to liberty and security of person) of the European Convention”, Marukyan told Radio Liberty.

Two years ago, while collecting mushrooms with his friends, Artur Badalyan lost his way in one of the Tavoush region borderline forests and unconsciously crossed the border of Azerbaijan. The Azerbaijani authorities were denying his presence until the ICRC discovered him in one of the military units there one and half years after his captivity. Previously, the Armenian authorities and his family had no information regarding his location.

Artur Badalyan told “Azatutyun” radio station about the treatment he received in Azerbaijan by sharing that he was being kept hungry in a cold and humid cell and was subject to tortures and psychological pressures.

Two months ago, the Azerbaijani authorities came up with press disseminations, according to which, they displayed human treatment towards Badalyan by providing standard living conditions. However, the former captive keeps on claiming the opposite. Artur Badalyan also complains of his aggravated health condition. He insists that the Azerbaijani side has installed a listening device inside his body, by which they are trying to control him.

The former captive received medical treatment in Yerevan through the support of “Against Legal Arbitraries” NGO. Pursuant to the initial assessment of his health status, he is alleged to be diagnosed with mental health issues.

The advocate joined documents concerning Badalyan’s health condition and captivity, with the case sent to the European Court of Human Rights. Marukyan instills hope that the court will take the case into proceeding and will make a decision in favor of Badalyan after the examination of the case.

“We will leave out the compensation of monetary and moral damage until the case is taken into proceeding. Since Artur Badalyan is still suffering, going through re-integration process and is spending huge sums of money, we’ll naturally present our final estimation of the expenditures to the European Court of Human Rights”, noted the advocate.

This is the first case that the Armenian side has decided to sue Azerbaijan for applying tortures against its citizens. According to lawyers, the Court will take several years to make the decision. They think this experience could become a precedent for all other cases reports Radio Liberty.
According to the International Committee of the Red Cross, three Armenian POWs and five members of one Armenian family are presently kept in Azerbaijani captivity, while one Azerbaijani POW remains in Armenia.

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