On November 2, the Grand Chamber of the European Court of Human Rights, composed of five judges, rejected Azerbaijan's complaint against the ECHR ruling issued in favor of Armenian applicants in the case of the 2016 April four-day war. The former head of the Office of the Representative of Armenia for International Legal Affairs, Liparit Drmeyan, wrote this on his Facebook page.
"Thus, the ECHR ruling of June 18 entered into force, and it will be a cornerstone for the examination of similar current and future complaints. Azerbaijan, which declares at the highest level that it does not recognize the jurisdiction of the ECHR and had suspended cooperation with the Committee of Ministers of the Council of Europe, remembers the importance of legal processes when the time comes and submits complaints," he noted.
The European Court published its first ruling in the cases of the April four-day war on June 18. The ECHR recorded that Azerbaijan violated the right to life and the prohibition of torture of an Armenian serviceman by beheading and desecrating the body. The European Court obligated Azerbaijan to pay 90,000 euros in compensation to the victim's relatives.
"This is an important precedent for the complaints filed to protect the rights of those affected during the 2020 44-day war," Drmeyan had written.
This decision is legally more significant than it appears at first glance. The rejection by the ECHR Grand Chamber means that the June 18 ruling becomes final and binding without the possibility of further appeal, and this already changes the rules of the game for future complaints.
Particularly noteworthy is the contradiction in Azerbaijan's position. Official Baku declares at a high level that it does not recognize the jurisdiction of the ECHR and has even suspended cooperation with the Committee of Ministers of the Council of Europe, yet when it comes to its own interests, the complaint is ready. This is a case where the legal toolkit works also against those who try to approach it selectively.
It is still too early to say how this precedent will affect the complaints proceeding in the cases of the 44-day war. But one thing is clear: the decision on compensation in the amount of 90,000 euros is now irreversible, and it is a legal benchmark that will be difficult to ignore.
