Continuing ECHR violations found where applicants unable to return to homes after conflict


Re: Chiragov & Ors v Armenia (App No 13216/05)

The Court held that there were continuing violations of the applicants’ rights under the ECHR, Arts 1, 8 and 13, relating to their inability to return to their homes and property following their displacement as a result of the conflict in the disputed Nagorno-Karabakh region.  The area in question is controlled by Armenia.

The Court considered that there was no justification for denying the applicants access to their property without providing them with compensation. The fact that peace negotiations were ongoing did not free the Government from their duty to take other measures. What was called for was a property claims mechanism which would be easily accessible to allow the applicants and others in their situation to have their property rights restored and to obtain compensation.

Michelle Butler was involved in this case.