Sargsyan v. Azerbaijan

[2][3] The court ruled in favour of the applicant on 16 June 2015, confirming that the Azerbaijani Government had failed to assist him to have his property rights restored and/or to obtain compensation and awarded him the sum of 5,000 euros for damages and EUR 30,000 in costs and expenses.

[5][6] Viewed through the lens of non-discrimination: "the lesson of the ECHR ruling must surely be that those like Mr Sargsyan must be respected as individuals, and that discrimination against them, because of ethnic origin or for any other reason, must be prevented.

"[7] Notably, the Court stated in its final judgment that: “The mere fact that peace negotiations are on-going [under the auspices of the OSCE[8]] does not absolve the Government from taking other measures, especially when negotiations have been pending for such a long time.” It therefore called on the Azerbaijani government to establish a property claims mechanism for all displaced persons to have their property rights restored and/or to obtain compensation for the loss of those rights.

Finally, he alleged with a view to all complaints set out above, that he was subjected to discrimination on the basis of his ethnic origin and his religious affiliation in violation of Article 14 of the Convention".

[10] The Court also concluded that impossibility for the applicant to access his home along with the cultural and religious attachment with his late relatives’ graves in Gulistan that he could not visit as the Government took no measures in order to address his rights or provide a compensation, had placed a disproportionate burden on him, thus resulting in a continuing violation of Article 8 of the convention.

Despite the large number of unmeasurable factors in the case, on 12 December 2017 compensation was eventually awarded in the amount of 5,000 euros in respect of pecuniary and non-pecuniary damages and EUR 30,000 in costs and expenses.