European Court Orders Azerbaijan to Pay Compensation over Beheading of Armenian Soldier

The European Court found that Azerbaijan had violated Article 2 of the European Convention on Human Rights, which protects the right to life. The court concluded that Azerbaijani forces killed a wounded serviceman who had already become hors de combat. It also noted that such conduct contravened international humanitarian law, including the Geneva Conventions.

The court also found a violation of Article 3 of the Convention, which prohibits torture and inhuman or degrading treatment. According to the judgment, H.T. suffered torture and inhuman treatment. The court concluded that perpetrators severed his hands while he was still alive and subsequently beheaded him.

The court also found a violation of Article 3 in relation to the victim’s family members. It held that they endured severe suffering after learning of the brutal killing of their son and brother and because the body was not returned intact.

The ECHR also examined complaints under several other provisions, including Articles 8, 13 and 14 of the Convention. However, it established the principal violations under Articles 2 and 3.

The court awarded his parents, V.T. and L.V., €60,000 jointly in compensation for non-pecuniary damage.

His sister, A.G., will receive €30,000 in compensation for non-pecuniary damage.

The court also awarded €14,210 to cover legal and other expenses.

The total award amounts to approximately €104,210. Azerbaijan must pay the compensation within three months.

The judgment will become enforceable once it enters into force. If the Azerbaijani government fails to comply, the Committee of Ministers of the Council of Europe can initiate its supervision procedure.

This case marks the first ECHR judgment related to the April 2016 fighting between Azerbaijan and Armenia. Both sides suffered casualties during the clashes. However, Armenia also reported several cases involving the alleged mutilation of the bodies of dead servicemen.

The ECHR is currently considering 21 similar applications.

In the court’s case law, the concept of hors de combat carries particular significance. International humanitarian law and human rights law prohibit attacks on wounded, captured or otherwise incapacitated individuals. In this case, the court applied that principle to the actions of Azerbaijani forces during the hostilities.

The Azerbaijani authorities have consistently rejected such allegations.

President Ilham Aliyev and other officials have repeatedly described ECHR rulings as “biased.”

In some cases, Azerbaijani officials have argued that, following the country’s loss of voting rights in the Parliamentary Assembly of the Council of Europe, Azerbaijan no longer recognizes the authority of judgments issued by the European Court of Human Rights.