For the first time, the ECHR issued a verdict on the case of a soldier killed during an active armed conflict

  • by Western Armenia, December 23, 2023 in Society

On December 19, the European Court of Human Rights (ECHR)  made a decision on  the case of soldiers killed during the armed conflict.

Commenting on the decision of the ECHR based on his complaint regarding the killing of soldiers on combat duty at the border posts of Chinari village, lawyer Ara Ghazaryan stated at the press conference that the European Court usually rejects such kind of complaints.

In one case, the court determined that the European Convention on Human Rights does not apply during the active phase of the armed conflict. The lawyer considers this case special in that the Armenian soldiers were on combat duty in locations  however, at the given moment, when the Azerbaijan soldier suddenly attacked and killed the Armenian soldiers Armenian sdiers   were unarmed.

Our soldiers were busy with household matters. Therefore, at the moment of sudden attack from the side, there was no military need to deprive them of their lives, to use lethal force against them.

According to the decision made against the Republic of Azerbaijan, the ECHR accepted the version presented by the Armenian side and rejected the one presented by Azerbaijan. Azerbaijan informed  the European Court as if  the Armenian armed forces allegedly attacked the Azerbaijan location  

sesult of which  the Azerbaijan soldier was allegedly killed, and the Armenian unit transported his body to the territory of Armenia.The ECHR defined the violation of the right to life on two grounds: on the grounds of unlawful deprivation of life and failure to carry out the necessary investigation. The complaint regarding Lieutenant Shavarsh Melikyan was rejected based on the fact that he lost his life during an active combat operation, in the case of which  the European Convention is not applicable.