ECHR complaint filed over rights violations of 15 Armenian hostages held in Azerbaijan

(Horizon Media / YEREVAN) — A group complaint has been filed with the European Court of Human Rights (ECHR) over alleged violations of the rights of 15 Armenians imprisoned in Azerbaijan, including former political and military leaders of the Republic of Artsakh.

The complaint was submitted on August 21 by human rights lawyer Siranush Sahakyan, who represents Armenian prisoners before the ECHR, in cooperation with the Center for International and Comparative Law and the Armenian Legal Center for Justice and Human Rights.

The application concerns former Artsakh presidents Bako Sahakyan, Arkadi Ghukasyan and Arayik Harutyunyan; former National Assembly Speaker Davit Ishkhanyan; former Foreign Minister Davit Babayan; former senior military commanders Davit Manukyan, Levon Mnatsakanyan and eight other Armenian detainees.

The complaint challenges the proceedings conducted by the Baku Military Court, citing violations of the right to a fair trial under Article 6 of the European Convention on Human Rights. It maintains that the trials were predetermined and lacked guarantees of an independent and impartial judicial process, while also questioning the military court’s jurisdiction over civilian defendants.

It further raises concerns over the presumption of innocence, noting that senior Azerbaijani officials, including President Ilham Aliyev, publicly labelled the defendants “terrorists,” “war criminals” and “separatists” before verdicts were issued.

The application also documents serious restrictions on the defendants’ ability to prepare their defence. Much of the 422-volume, approximately 105,000-page case file was reportedly unavailable in adequate translation, while requests for sufficient time, access to documents and effective communication between defendants and lawyers were denied or delayed.

According to the complaint, the prisoners and their lawyers were also denied full certified copies of the verdicts, further restricting their ability to appeal effectively. Azerbaijan’s Court of Appeal nevertheless upheld the sentences on August 6.

The filing also invokes Article 7 of the Convention, maintaining that participation in military operations or carrying weapons cannot in itself be treated as terrorism or other criminal conduct without proof of specific individual offences and personal responsibility.

The organizations involved say a future ECHR ruling could call into question the legality of the Baku proceedings and establish at the international judicial level that the prosecutions failed to meet fundamental human rights standards.