Feb 012016
 

“Why is the Nagorno-Karabakh conflict still not Resolved”

KocharyanBy Shavarsh Kocharyan
MIA Publishers, Yerevan 2016

The current phase of the Nagorno-Karabakh issue has started since the last years of the existence of the USSR and turned into a conflict as a result of the policy of power adopted by Azerbaijan in response to the implementation of the right to self-determination by the people of Nagorno-Karabakh. The Nagorno-Karabakh conflict differs from other conflicts of the former Soviet area by the fact that the people of Nagorno- Karabakh impeccably implemented its right to self-determination within the legal frameworks before the collapse of the Soviet Union.

The Nagorno-Karabakh conflict was the bloodiest conflict of the post-Soviet area with tens of thousands of victims, hundreds of thousands of refugees and massive destruction. The military phase of the confl ict ended in May 1994 with an open-ended ceasefire agreement. Notably during the past 22 years the large-scale military operations have not been renewed, and the relative peace has been preserved without the involvement
of international peacekeeping forces.
The mediators in the negotiation process of the Nagorno-Karabakh confl ict resolution are the 3 out of the 5 permanent members of the United Nations Security Council – Russia, the USA and France. Despite the consistent efforts of the mediators, the Nagorno-Karabakh confl ict remains unresolved. The main reason is that Azerbaijan acts in contrary to the purposes of the United Nations.

The opinions presented below may differ from the opinions of the Nagorno-Karabakh Republic (NKR).

FILES:

Jun 162015
 

In the Grand Chamber judgment in the case of Chiragov and Others v. Armenia (application no. 13216/05) 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 the complaints by six Azerbaijani refugees that they were unable to return to their homes and property in the district of Lachin, in Azerbaijan, from where they had been forced to flee in 1992 during the Armenian-Azerbaijani conflict over Nagorno-Karabakh.

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 the applicants’ case, the Court confirmed that Armenia exercised effective control over Nagorno- Karabakh and the surrounding territories and thus had jurisdiction over the district of Lachin.

The Court considered that there was no justification for denying the applicants access to their property without providing them with compensation. 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 the applicants and others in their situation to have their property rights restored and to obtain compensation.


Source: ECHR Case of Chiragov and Others v. Armenia
File: ECHR Case of Chiragov and Others v. Armenia

ECHR Press Release with the summary: Grand Chamber judgment Chiragov and Others v. Armenia – Azerbaijani refugees’ lack of access to property

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 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:

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:

 

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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:

Dec 012012
 

“The Sumgait Syndrome. Anatomy of Racism in Azerbaijan”

MIA Publishers, 2012
By NGO “Against Xenophobia and Violence”

Sumgait is 26 kilometres from Azerbaijan’s capital, Baku, and was home to some 18,000 Armenians in 1988. On 26 and 27 February 1988, demonstrations were organised in Sumgait under the slogan
“Death to Armenians!” What took place on the streets of Azerbaijan during the following three days has been referred to ever since with the horrific name of “Sumgait”.
The massacre of Armenians in Sumgait, February 27–29, were merely a continuation of the Azerbaijani authorities’ unswerving policy of racism towards Armenians and ethnic cleansing of the Armenian population, with unpunished killings and deportations.

FILE:

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