Armenian prisoners in Baku to appeal directly to ECHR

(Horizon Weekly / YEREVAN) – Armenian prisoners held in Azerbaijan are preparing to apply directly to the European Court of Human Rights (ECHR), arguing that domestic legal avenues in Azerbaijan do not provide effective recourse, according to attorney Siranush Sahakyan.

Sahakyan — who represents Armenian prisoners of war and detainees before the Strasbourg-based court and serves as Executive Director of the Armenian Legal Center for Justice and Human Rights — made the remarks following the sentencing of former Artsakh State Minister Ruben Vardanyan to 20 years in prison by an Azerbaijani court.

She stated that although Azerbaijani law formally permits appeals to higher domestic courts, these mechanisms are not effective in practice. “While applications to higher courts are possible in theory, they do not offer a real opportunity to secure justice,” Sahakyan said in an interview, emphasizing that the broader issue remains deeply political, even as legal procedures have been employed for political ends.

Azerbaijan recognizes the jurisdiction of the European Court of Human Rights, Sahakyan noted, and alleged violations of the right to a fair trial can be properly examined in Strasbourg. She cited previous cases in which Azerbaijani political prisoners, activists, and journalists obtained redress through ECHR judgments.

Under the European Convention on Human Rights, applicants are generally required to exhaust effective domestic remedies before turning to the Court. However, Sahakyan argued that this requirement does not apply where remedies exist only formally but lack real effectiveness. In such cases, applicants must demonstrate why domestic avenues cannot function in practice.

She referenced prior cases involving Armenians in Azerbaijan, including the case of Gurgen Margaryan, where a presidential pardon granted to Ramil Safarov was not challenged domestically despite decrees being subject to judicial review. Other cases involving Armenian detainees and property claims, she added, further illustrate the absence of effective judicial remedies for Armenians in Azerbaijan.

Sahakyan indicated that Vardanyan’s legal team will soon issue a separate statement outlining the next procedural steps before the ECHR. Regarding other former political and military leaders of Artsakh currently held in Baku, she said consultations with their families are ongoing and that additional details will be announced in due course.

“These processes will have legal continuity,” Sahakyan affirmed, underscoring that international legal avenues remain central to efforts to secure justice for the detainees.