Jun 162015
 

In the Grand Chamber judgment in the case of Sargsyan v. Azerbaijan (application no. 40167/06) the European Court of Human Rights held, by a majority, that there had been:

a continuing violation of Article 1 of Protocol No. 1 (protection of property) to the European
Convention on Human Rights;

a continuing violation of Article 8 (right to respect for private and family life) of the Convention;
and

a continuing violation of Article 13 (right to an effective remedy).

The case concerned an Armenian refugee’s complaint that, after having been forced to flee from his home in the Shahumyan region of Azerbaijan in 1992 during the Armenian-Azerbaijani conflict over Nagorno-Karabakh, he had since been denied the right to return to his village and to have access to and use his property there.

It was the first case in which the Court had to decide on a complaint against a State which had lost control over part of its territory as a result of war and occupation, but which at the same time was alleged to be responsible for refusing a displaced person access to property in an area remaining under its control.

There are currently more than one thousand individual applications pending before the Court which were lodged by persons displaced during the conflict over Nagorno-Karabakh.

In Mr Sargsyan’s case, the Court confirmed that, although the village from which he had to flee was located in a disputed area, Azerbaijan had jurisdiction over it.

The Court considered that while it was justified by safety considerations to refuse civilians access to the village, the State had a duty to take alternative measures in order to secure Mr Sargsyan’s rights as long as access to the property was not possible. The fact that peace negotiations were ongoing did not free the Government from their duty to take other measures. What was called for was a property claims mechanism which would be easily accessible to allow Mr Sargsyan and others in his situation to have their property rights restored and to obtain compensation.


Source: ECHR Case of Sargsyan v. Azerbaijan
File: ECHR Case of Sargsyan v. Azerbaijan

ECHR Press Release with the summary: Grand Chamber judgment Sargsyan v. Azerbaijan – Armenian refugee’s lack of access to property

Jan 272015
 

KRAKOW, 27 January 2015 – The Co-Chairs of the OSCE Minsk Group (Ambassadors Igor Popov of the Russian Federation, James Warlick of the United States of America, and Pierre Andrieu of France) met with Foreign Minister of Azerbaijan Elmar Mammadyarov today in Krakow. The Personal Representative of the OSCE Chairperson-in-Office, Ambassador Andrzej Kasprzyk, also participated in the meeting.

We expressed to the Minister our serious concern about reported incursions across the Line of Contact and the Armenia-Azerbaijan border, resulting in casualties. The rise in violence that began last year must stop for confidence to be restored and progress to be made in the Nagorno-Karabakh peace process. We called on Azerbaijan to observe its commitments to a peaceful resolution of the conflict. We also call on Armenia to take all measures to reduce tensions. All sides must abide by the terms of the ceasefire agreement. Violence undermines efforts to bring about peace.

We discussed with the Minister possible next steps in the peace process, including comprehensive negotiations that can lead to a lasting settlement which would benefit all the people of the region. We reminded the Minister of our mandates and expressed concern about voices critical of the ongoing negotiation process, the role of the Minsk Group Co-Chairs, and the duties of OSCE monitors.

We emphasized the importance of measures aimed at avoiding unintended incidents along the Line of Contact and Armenia-Azerbaijan border. We also discussed the implementation at the earliest opportunity of the Presidents’ agreement to exchange data on missing persons under the aegis of the ICRC.

The Co-Chairs plan to meet with Foreign Minister of Armenia Edward Nalbandian in the near future and then travel to the region.


Source: OSCE Minsk Group page

Jan 012015
 

“Nagorno-Karabagh: Legal Aspects”

Legal-Aspects-CoverMIA Publishers, Fifth Edition, Moscow 2015
By Shahen Avakian
The study covers the legal aspects of Nagorno Karabagh problem. It examines the issues of Law as they affected the legal status of Nagorno Karabagh.

The author is an expert of International Law. He has graduated from the Paris Sorbonne University and is specialized in International Public Law and International Organizations law.

This study is the fi fth revised edition and contains additional information and updates. The publications of the earlier editions of this research are also availble in Armenian, French, Russian, Arabic, Greek and Spanish.

FILE: Shahen AVAKIAN “Nagorno-Karabagh: Legal Aspects” Fifth Edition, Moscow 2015
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Jan 012015
 

“Revival of Shushi”

ShushiBy James Bosbotinis
MIA Publishers, Moscow 2015

The South Caucasus has a rich and diverse history and cultural heritage, a product of the region’s position between Europe, Asia and the Middle East. This geographical position has seen the region subject to the influences of some of history’s most notable empires, including the Ottoman, Persian and Russian. Moreover, the region remains a scene of contemporary geopolitical competition and rivalry.

This book, based on the research by local experts, highlights the enduring history and distinct cultural heritage of the city of Shushi, in the disputed region of Nagorno-Karabakh. Shushi’s history vividly illustrates the diverse range of influences, challenges and developments that form the wider history of the South Caucasus.

Shushi’s cultural heritage and identity also highlights a contemporary challenge relevant to both the South Caucasus and further afield: a national identity that transcends modern borders. The purpose of this book is to describe the fascinating heritage of a small city with a rich history.

FILES:

Dec 042014
 

BASEL, Switzerland, 4 December 2014 – We, the Heads of Delegation of the OSCE Minsk Group Co-Chair countries – Foreign Minister of the Russian Federation Sergey Lavrov, Secretary of State of the United States John Kerry,­­ State Secretary for European Affairs of France Harlem Desir – remain strongly committed to a peaceful resolution of the Nagorno-Karabakh conflict. There is no military solution, and we call on the sides to refrain from violence and work actively towards a lasting settlement.

We regret the upsurge in violence in the past year along the Line of Contact and the Armenia-Azerbaijan border. Military actions in July and August resulted in a significant loss of life, raised tensions and deepened mistrust between the sides. The sides must take additional actions to reinforce the ceasefire of 1994 and create a more favorable atmosphere for advancing peace talks.

The November 12 downing of a military helicopter along the Line of Contact was an avoidable tragedy that underscored the importance of measures by the sides to reduce tensions, restore trust, and avoid future incidents. We appeal to all sides to demonstrate restraint to prevent further escalation. We also call on them to settle humanitarian issues in the spirit of the Astrakhan statement of October 2010 of the Presidents of Armenia, Azerbaijan and the Russian Federation.

The three meetings between the Presidents of Armenia and Azerbaijan in 2014 at Sochi, Newport, and Paris have revitalized the most important channel of communication between the sides. We welcome the agreement by the Presidents in Paris to intensify dialogue in the coming year. It is time for the sides to overcome disagreements, restore confidence, and honour their commitment to enter into a negotiating process that can result in a settlement. They are expected to acknowledge that the basis for a comprehensive settlement are the elements and principles outlined in the joint statements by the Presidents of Russia, the United States, and France, especially those that were discussed during the last summit in Paris. Negotiations on a comprehensive peace agreement under the auspices of the Co-Chair countries should begin as soon as possible.

We remain ready to work closely with the sides to reach a lasting settlement and open a new chapter of peace, but stress that the primary responsibility to end the Nagorno-Karabakh conflict rests with the leaders of Armenia and Azerbaijan.


Source: OSCE Website

Sep 012013
 

“Brief History of Artsakh (Nagorno-Karabakh)”

MIA Publishers, 2013
By NGO “Against Xenophobia and Violence”

This book briefly reveals the history of Artsakh since the ancient times until the present days. Here you can find both cultural and political aspects of Artsakh’s history.

FILES:

 

Continue reading »

Jun 182013
 

ENNISKILLEN, United Kingdom, 18 June 2013 – Joint Statement on the Nagorno-Karabakh Conflict by Barack Obama, President of the United States of America, Vladimir Putin, President of the Russian Federation, and Franсois Hollande, President of the French Republic.

We, the Presidents of the OSCE Minsk Group Co-Chair countries – France, the Russian Federation, and the United States of America – remain committed to helping the parties to the Nagorno-Karabakh conflict reach a lasting and peaceful settlement.  We express our deep regret that, rather than trying to find a solution based upon mutual interests, the parties have continued to seek one-sided advantage in the negotiation process.

We continue to firmly believe that the elements outlined in the statements of our countries over the last four years must be the foundation of any fair and lasting settlement to the Nagorno-Karabakh conflict.  These elements should be seen as an integrated whole, as any attempt to select some elements over others would make it impossible to achieve a balanced solution.

We reiterate that only a negotiated settlement can lead to peace, stability, and reconciliation, opening opportunities for regional development and cooperation.  The use of military force that has already created the current situation of confrontation and instability will not resolve the conflict.  A renewal of hostilities would be disastrous for the population of the region, resulting in loss of life, more destruction, additional refugees, and enormous financial costs.  We strongly urge the leaders of all the sides to recommit to the Helsinki principles, particularly those relating to the non-use of force or the threat of force, territorial integrity, and equal rights and self-determination of peoples.  We also appeal to them to refrain from any actions or rhetoric that could raise tension in the region and lead to escalation of the conflict.  The leaders should prepare their people for peace, not war.

Our countries stand ready to assist the sides, but the responsibility for putting an end to the Nagorno-Karabakh conflict remains with them.  We strongly believe that further delay in reaching a balanced agreement on the framework for a comprehensive peace is unacceptable, and urge the leaders of Azerbaijan and Armenia to focus with renewed energy on the issues that remain unresolved.


Source: OSCE Minsk Group page

Feb 052013
 

“Sponsored to Kill: Mercenaries and Terrorist Networks in Azerbaijan”

MIA Publishers, 2013
By Ioannis Charalampidis

This research is based on original testimonies, articles of reliable journals and newspapers and research of authoritative experts in the field. I would like to extend my gratitude to the Government of the Republic of Nagorno-Karabakh for providing copies of previously classified documents seized from the battlefield, which are published for the first time here.

Ioannis Charalampidis
Brussels, December 2012

FILE:

Jan 282013
 

PARIS, 28 January 2013 – On January 28, 2013, the Co-Chairs of the OSCE Minsk Group (Ambassadors Igor Popov of the Russian Federation, Jacques Faure of France, and Ian Kelly of the United States of America) met jointly with the Foreign Minister of Azerbaijan, Elmar Mammadyarov, and the Foreign Minister of Armenia, Edward Nalbandian. Also participating in the meeting was the Personal Representative of the OSCE Chairperson-in-Office, Ambassador Andrzej Kasprzyk.

The Co-Chairs continued discussions with the Ministers on the working proposal to advance the peace process, which they submitted to the sides in October 2012. They also exchanged views on possible confidence building measures.

The Co-Chairs referred to their statements of April 14, 2011 and July 13, 2012, and discussed with the Ministers issues pertaining to civilian flights to and from the airport in Nagorno-Karabakh.

The Foreign Ministers and the Co-Chairs stressed the importance of the OSCE Minsk Group as the framework for negotiating a settlement of the Nagorno-Karabakh conflict. The Foreign Ministers reiterated their support for a peaceful settlement and their determination to continue negotiations. The Ministers and the Co-Chairs agreed to a further discussion of the peace process in the coming weeks.


Source: OSCE Minsk Group Page