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MINISTERS’ DEPUTIES |
Notes on the Agenda |
CM/Notes/1514/H46-3 |
5 December 2024 |
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1514th meeting, 3-5 December 2024 (DH) Human rights
H46-3 Chiragov and Others v. Armenia (Application No. 13216/05) Supervision of the execution of the European Court’s judgments Reference documents |
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Application |
Case |
Judgment of |
Final on |
Indicator for the classification |
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13216/05 |
CHIRAGOV AND OTHERS |
16/06/2015 12/12/2017 |
Grand Chamber |
Complex problem |
Case description
The case concerns six Azerbaijani nationals who were forced to flee from their homes during the active military phase of the Nagorno-Karabakh conflict (1992-94). In particular, the applicants fled from Lachin when the district came under military attack on 17 May 1992. The Court found that at the relevant time, Armenia “exercise[d] effective control over Nagorno‑Karabakh and the surrounding territories, including the district of Lachin” and that “[t]he matters complained of therefore come within the jurisdiction of Armenia for the purposes of Article 1 of the Convention” (§ 186).
It further held that the applicants were denied access to their property and homes and had not been provided with any remedy capable of providing redress in this respect (continuing violations of Article 1 of Protocol No. 1, Article 8 and Article 13 since 26 April 2002, the date on which Armenia ratified the Convention). The Court indicated that “pending a comprehensive peace agreement it would appear particularly important to establish a property claims mechanism, which should be easily accessible and provide procedures operating with flexible evidentiary standards, allowing the applicants and others in their situation to have their property rights restored and to obtain compensation for the loss of their enjoyment” (§ 199).
In its subsequent judgment on just satisfaction, the Court held that the applicants could be compensated for the loss of income from their land in Lachin and their increased living expenses in Baku (from 26 April 2002 onwards), as well as for non-pecuniary damage caused by their suffering and distress. It considered that the pecuniary and non-pecuniary damages were closely related and incapable of precise calculation. It awarded each applicant EUR 5,000, to cover all heads of damage.
Status of execution
The Committee of Ministers first examined the execution of this case during its 1280th meeting (March 2017) (DH) when it invited the authorities to present in an action plan the progress in their reflection on the ways and means to execute this judgment, noted the contacts taken in 2016 between the Armenian authorities and the Secretariat and invited them to continue their co-operation.
On 2 December 2019, the Armenian authorities sent to the Committee a communication
(DH-DD(2019)1437) in which they pointed out that the case related to an ongoing conflict situation, where the parties had not reached a peace agreement. In these circumstances, complex and interconnected issues were hindering the execution of the Chiragov judgment. In particular, the security situation had an impact on the prospects of setting up the property claims mechanism called for by the Court. Nonetheless, the government expressed its openness and readiness to, inter alia, intensify consultations with a view to searching for possible prospects to reach a durable solution concerning the execution of the Chiragov case, in accordance with the conditions set by the judgment.
In response, the Azerbaijani authorities submitted a communication on 5 December 2019
(DH-DD(2019)1452), objecting to the content of the communication from Armenia and proposing that the Committee should move forward by taking necessary measures to secure the payment of the just satisfaction, without any delay.
Between 27 September and 10 November 2020, hostilities resumed, culminating in the Trilateral Statement of the leaders of Azerbaijan, the Russian Federation and Armenia of 10 November 2020. During this period, the Committee postponed its examination of the case, although consultations continued between the Secretariat and the Armenian authorities.
In April, May and December 2022, the authorities of Armenia and the Secretariat held consultations on the measures required to execute this judgment, as well as that of Sargsyan v. Azerbaijan, including the payment of the just satisfaction awarded by the Court in these cases. At the request of the authorities, in July 2022 the Secretariat prepared a draft Memorandum of Understanding (MoU) between Armenia and the Council of Europe setting the terms and conditions for payment of the just satisfaction through a Council of Europe bank account. It provides for the simultaneous payment to the applicants in this case as well as that of Sargsyan v. Azerbaijan (on the basis of the separate MoU between Azerbaijan and the Council of Europe).
Further consultations took place between the authorities and the Secretariat in August 2023 and May 2024 including on the detailed content of the draft MoU.
In their communication dated 23 August 2024 (DH-DD(2024)960), the Armenian authorities confirmed their readiness to sign the MoU as suggested by the Secretariat and requested it to provide further information on the date of the signature and subsequent processing of the payment.
Last decision of the Committee: At the 1507th meeting (September 2024) (DH), the Committee welcomed the Armenian authorities’ recent written confirmation that they accepted the terms and conditions and were ready to sign the draft MoU prepared by the Secretariat, to enable payment of the just satisfaction awarded by the Court and default interest accrued to take place through a Council of Europe bank account. Noting that in line with the draft MoU, the signature and payment are dependent on the receipt of a reciprocal clear indication from the Azerbaijani authorities of their readiness to make the payment of the just satisfaction in the Sargsyan case, the Committee strongly underlined the unconditional obligation under Article 46 § 1 of the Convention on respondent states to fully and effectively execute all judgments against them, including their unconditional obligation to pay the sums of just satisfaction awarded by the European Court.
Therefore, in the event that the consultations on the draft MoU do not rapidly produce concrete results, the Committee encouraged the Armenian authorities to proceed with the payment of the just satisfaction sums directly to the applicants or their next-of-kin.
At the time of drafting of these Notes, no further information has been provided by the Armenian authorities.
Communications from the applicants and NGOs
The applicants and several NGOs have submitted communications under Rule 9., underlining the delay in the execution of both individual and general measures in this case and therefore calling on the Committee of Ministers to address these points. For a detailed summary of all the Rule 9 communications submitted since the beginning of the supervision process see the Notes for the 1507th meeting[1].
Analysis of the Secretariat
In the course of the consultations between the Armenian authorities and the Secretariat, and also between the Azerbaijani authorities and the Secretariat concerning the execution of the Sargsyan v. Azerbaijan (just satisfaction) case, the possibility was discussed of the authorities of Armenia and Azerbaijan each signing an MoU with the Council of Europe, providing for the simultaneous payment of the just satisfaction owing in the Chiragov and Sargsyan (just satisfaction) judgments through a Council of Europe bank account. Draft MoUs were therefore prepared by the Secretariat and sent to the authorities. They regulate in detail the modalities of the payment by Armenia and Azerbaijan of the just satisfaction and default interest, and the conditions for the release of these sums by the Council of Europe to the applicants.
By a letter dated 3 November 2022, Azerbaijan indicated a readiness to sign but only if this was reciprocated by Armenia. In their letter dated 23 August 2024, the Armenian authorities confirmed their readiness to sign the MoU, as welcomed by the Committee at the last examination. However, in their letter dated 4 September 2024 (DH-DD(2024)1018), the Azerbaijani authorities informed the Committee that they required more time for assessment of the possible implications and ramifications of the MoUs.At the time of drafting of these Notes, no further information has been provided by either the Armenian or Azerbaijani authorities.
The Armenian authorities confirmed being ready to sign the draft MoU prepared by the Secretariat. At the same time, the payment of just satisfaction awarded by the Court is an unconditional obligation, that it is important to fulfil in the nearest future. Therefore, in the event that the consultations on the draft MoUs do not rapidly produce concrete results, the encouragement to the Armenian authorities to proceed with the payment of the sums owing under the Chiragov (just satisfaction) judgment directly to the applicants or their next-of-kin could be reiterated.
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Financing assured: YES |