Siranush Sahakyan, Director of the “International and Comparative Law Center,” answered questions from “Aravot.” During the interview, they discussed the visit of the President of the European Commission, Ursula von der Leyen, the expectations around it, the judgment of the European Court of Human Rights (ECtHR), and other related issues.
“There were certain expectations from the visit of the President of the European Commission regarding the issue of Armenian prisoners of war held in Baku, but the statements about the results of the visit made it clear that this issue did not seem to have been discussed.” The human rights defender did not provide any additional information, noting that information should be obtained from official sources. “Against the backdrop of visits by high-ranking officials, or as a result of negotiations with their involvement, positive expectations are, of course, being formed. We also had a similar prediction in the context of the European Political Community Forum held in Yerevan, but unfortunately, there was no progress. After that, perhaps, the probability was small that the issue could be resolved within the framework of this visit of the EC President. In essence, the advancement of the peace agenda in bilateral relations remains key, in the context of which the return of the captives could take place,” said Sahakyan
US Congressmen have submitted a legislative amendment proposal to the House Foreign Affairs Committee, which would formally condemn Azerbaijan's continued unjust treatment and call for the immediate and unconditional release of Armenians held in Baku. The journalist was interested in what to expect from this resolution, what is the US administration's attitude, and whether there is a possibility that these resolutions will become law in the future. “There were similar initiatives in the US last year. The resolution was not adopted by a very narrow margin, with a small number of votes. But it is a complex legislative process: the resolution must overcome a bicameral system and have the support of both parties. Even if it does not become law, it is still a document expressing a political position, which has its value in the context of the diplomatic work being carried out,” said Sahakyan.
During the interview, the resolution adopted at the PACE summer session on human rights in Azerbaijan was also touched upon. The journalist asked whether the resolution adopted by PACE and the statements of international structures exert sufficient pressure on Azerbaijan, or whether other mechanisms are also needed. “Azerbaijan-CoE relations are currently tense. On the one hand, Azerbaijan wants to be within that structure, but there are continuous and periodic violations of commitments, in connection with which statements, records are made and weak political sanctions are applied. However, the entire set of tools for political influence has not yet been used,” said Sahakyan, adding that the Azerbaijani side not only rejects the problems recorded in the PACE resolution, but also does not implement the judgments of the European Court of Human Rights, which is negatively assessed on international platforms.
According to her, there are mechanisms available, at least with regard to the enforcement of ECtHR judgments, that have not yet been applied. “The Committee of Ministers may initiate infringement proceedings and refer the case to the European Court. The deliberate failure to implement an ECtHR judgment may result in serious sanctions, including the suspension of membership. However, a reasonable balance is extremely important: is it more effective to keep the state within the organization and continue political and diplomatic efforts, or to deprive it of membership, thereby also losing potential instruments of influence?” said Sahakyan.
Speaking about the prospects for the release of the Armenian prisoners, Sahakyan said: “As regards the ECtHR, we are awaiting the August 31 deadline in order to receive updated information regarding their conditions of detention and the judgments. There are both pending and completed cases, including those related to the April 2016 war, and we expect those judicial decisions to be published within a short period as well.”