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European Court investigates Armenian citizen's illegal military service in occupied Azerbaijani territory

7 November 2014 18:44 (UTC+04:00)
European Court investigates Armenian citizen's illegal military service in occupied Azerbaijani territory

By Mushvig Mehdiyev

Parents of Armenian citizens who have died in the "Defense Army" of the self-proclaimed "Nagorno-Karabakh republic" are raising questions concerning the legal basis that allows Armenian citizens to serve in the so-called "NKR Defense Army.", local epress.am, independent journalists' network, informed.

The European Court of Human Rights directed the same question to the Armenian government under the case of “Hrachik Muradyan vs. Republic of Armenia.”

Hrachik Muradyan’s son, Suren Muradyan, died in 2001 in the so-called "Nagorno-Karabakh republic army" and a criminal case based on his death has been heard at the Syunik Court of Universal Jurisdiction’s Stepanakert Division. Muradyan’s father has fought through the national court system without any legal assistance, however, lawyer Mushegh Shushanyan filed the case to send to the ECHR.

Shushanyan said the government refers to a non-existent document in regard to Muradyan’s military service in the so-called "NKR" and the hearing of Muradyan’s case in Stepanakert court.

“The Armenian government cited that Armenian citizen's serving in the army of the self-proclaimed "republic" is based on an inter-state agreement signed between Republic of Armenia and the so-called "Nagorno-Karabakh republic" in 1994 . One of the clauses in agreement provides the Armenian citizens a voluntary decision to do their military service in the army of formal "NKR." The same agreement also points out that any violations against those volunteer soldiers will have to be investigated by Armenia’s appropriate bodies. However, we couldn't find those document despite our thorough search," Shushanyan said.

The lawyer added that Muradyan was tortured and violently murdered by the military unit's deputy commander and artillery chief, but the official data reveals the malaria disease as the cause of his death.

Shushanyan said the case also includes a letter addressed by the incumbent Armenian Defense Minister Seyran Ohanyan, which asks to withhold the punishment for those officials due to their significant bravery during the Karabakh war.

Shushanyan noted that the military officials have not yet been held liable for their criminal action against Muradyan.

The ECHR still has not released a verdict for the case of “Hrachik Muradyan vs. Republic of Armenia", which is based on the European Convention of Human Rights' article on the violation against the right to life.

Nagorno-Karabakh and seven adjacent territories, which were occupied by Armenians troops, are historical Azerbaijani lands recognized by the international community. The UN Security Council resolutions on the unconditional withdrawal of the Armenian troops from the Nagorno-Karabakh and the surrounding regions of Azerbaijan have not been fulfilled yet.

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