ECHR obliges Azerbaijan to pay 30,000 euros to Armenian citizen Artur Badalyan who has been released from captivity
YEREVAN, JULY 22, ARMENPRESS. The European Court of Human Rights (ECHR) has published another judgment against Azerbaijan, recording that Azerbaijan has tortured and illegally deprived of liberty citizen of Armenia Artur Badalyan, who got lost and found himself in the territory of Azerbaijan, ARMENAPRESS reports citing the ECHR website.
The Court obliged Azerbaijan to pay Artur Badalyan 30,000 euros in non‑pecuniary damage.
The Court said that on 9 May 2009 the applicant disappeared and was captured by the Azerbaijani forces. His relatives contacted the Armenian authorities, after which he was registered as a missing person in Armenia and a search for him was undertaken. However, his whereabouts remained unknown to his family and the Armenian authorities until 5 November 2010 when he was registered by the International Committee of the Red Cross (ICRC) as an Armenian captive held in Azerbaijan. Thereafter the applicant was regularly visited by the ICRC in detention until 17 March 2011 when he was released to the Armenian authorities through the mediation of the ICRC as part of an exchange of captives.
Following his arrest by the Azerbaijani forces, Artur Badalyan was held captive for 22 months in different military facilities. He claims that he was not given enough food and was often not allowed to go to the toilet, thus having to care for his needs in the cell. Moreover, he was subjected to harsh torture and mental anguish, as he was deemed to be a military prisoner, and was regularly harassed to divulge information. He was often beaten on his legs, so that he could not feel or move them. Electric wires were frequently attached to his fingers and the power switched on, causing severe pains. His cell door was hit with metallic objects, as a result of which he now suffers from a hearing disorder.
Thus, he applied to the ECHR, in accordance with Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms.
The Court unanimously accepted the appeal.
The Court held by six votes to one, that there has been a violation of Article 3 of the Convention (prohibition of inhuman and degrading treatment); that there has been a violation of Article 5 of the Convention (right to liberty and security).
The Court obliged Azerbaijan to pay the applicant, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, EUR 30,000, plus any tax that may be chargeable, in respect of non‑pecuniary damage.