The “International and Comparative Law Center,” “Protection of Rights Without Borders,” “Rule of Law” NGOs, and the “Artsakh Union” have jointly submitted a communication to the Committee of Ministers of the Council of Europe regarding the non-execution of the ECHR judgment in the case of Sargsyan v. Azerbaijan. The communication was submitted pursuant to Rule 9.2 of the Rules of the Committee of Ministers, which allows civil society organizations to inform the Committee about serious problems in the process of executing judgments.
Azerbaijan, as a member state of the Council of Europe, has failed to fulfill its obligations arising from the Court’s judgment of June 16, 2015. In that case, the Court established that the applicant, Sarkis Sargsyan, had for years been deprived of his right to peacefully enjoy his property in his birthplace, the village of Gulistan in the Shahumyan region, as well as of the opportunity to visit his home and the graves of his relatives, as a result of the armed conflict in Artsakh and the subsequent forced displacement. The Court found a continuing violation of Article 1 of Protocol No. 1 to the Convention due to Sargsyan’s lack of access to his property in Gulistan and Azerbaijan’s failure to take any measures in that regard, which imposed an excessive burden on Sargsyan. Due to the absence of effective legal remedies, the violations also concerned Article 13 of the Convention.
After the ECHR judgment entered into force, the case was transferred to the Committee of Ministers for supervision of execution, however, to this day, the Azerbaijani authorities have implemented neither individual nor general measures. In particular, the just satisfaction awarded by the Court has not been paid, Sargsyan’s right to safe and dignified return has not been ensured, mechanisms for the restoration of property rights have not been created, and no systemic measures have been implemented aimed at protecting the property and return rights of forcibly displaced persons. The last and only action plan submitted in relation to the case dates back to 2017, and no progress has been recorded since then.
The communication specifically addresses the argument long advanced by the Azerbaijani government that the non-execution of the judgment is conditioned by the non-execution of the case of Chiragov and Others v. Armenia. However, following the 44-day war in 2020 and especially after Azerbaijan established full control over the entire territory of Artsakh in September 2023, that argument has lost its legal and factual basis. At present, there is no justified reason to condition the execution of the judgment in “Sargsyan v. Azerbaijan” on that case.
The organizations have called on the Committee of Ministers to ensure the proper execution of the judgment, to express serious concern regarding the failure to execute the judgment promptly, fully, and effectively, to remove the linkage of this case’s execution to the case of “Chiragov and Others v. Armenia”; to call on the Government of Azerbaijan to submit an action plan, in accordance with international standards, for the creation of a property claims mechanism and to set a deadline for it, to undertake active and strict measures to achieve the aforementioned objectives, pursuant to Rule 11 of the Rules of the Committee of Ministers, to refer the question to the European Court of Human Rights as to whether the Government of Azerbaijan has fulfilled its obligations; and to include the case on the agenda of the Committee of Ministers’ upcoming meeting.
In a response letter, the Department for the Execution of ECHR Judgments informed that the information has been transmitted to the Permanent Representative of Azerbaijan to the Council of Europe and, in accordance with the Rules of the Committee of Ministers concerning the supervision of the execution of judgments and the terms of friendly settlements, will be submitted to the Committee of Ministers.