European Court of Human Rights grants claim of former political prisoner against Azerbaijan

According to the Human Rights Center, the Supreme Court sentenced E.Abbasov to 13 years of imprisonment on July 31 of 1996 without a right to appeal. He was accused of the attempt of October 4, 1994 coup d'etat (the Dashkesan episode) and was released by a decree of pardon of August 28 of 2003. Later the applicant's status of the Garabagh war veteran was rejected referring to his being accused of high treason.

Being a military, the applicant was obliged to leave for Russia and engage in small business there.

As a patriot officer, who went to the National Army on voluntary basis and took part in the military actions in Garabagh, Abbasov did not agree with the accusations of "high treason". Article 57 of the old Criminal Code equaled "the attempt of the military take-over with espionage or adhering to the enemy".

According to the new Criminal Code, the "plot" does not fall under charges of "high treason".

Yet, E.Abbasov's appeal to the Supreme Court was considered in his absence but with participation of a prosecutor and was declined on December 7 of 2004. In this connection the European Court of Human Rights made a just decision, guaranteed by article 6-1 of the European Convention on Protection of Human Rights and Main Liberties.

The case is interesting, as the European Court made an exception, recommending definite measures to the state: "as an exception, for assisting the respondent state to fulfill its commitments under article 46. The court will indicate the type of measures to be undertaken to end the revealed systematic situation... The court considers that the new court hearing or a repeated investigation into the case, if necessary, would be a suitable way of eliminating violations in this case".

It is evident that the European Court is concerned with a high number of claims on the default consideration of claims on decisions, passed in the 1990s with the proposed violation of court procedures.

The Human Rights Center welcomes the decision of the European Court and hopes that the stigma of "a traitor" due to accusations of coup d'etat will be lifted from the Garabagh war participants and their contributions before Azerbaijan will be taken into account while considering their claims against the court decisions and while settling issues of pardoning and conditional release.

/Day.Az/