Armenian Family Wins Lawsuit in European Court Against Azerbaijan for Beheading Their Son

The case concerns an Armenian family’s allegation that their son and brother, H.T., a soldier, was

tortured and decapitated during military clashes in April 2016 between Azerbaijan and Armenia over

territories which formed at the time the unrecognised “Nagorno-Karabakh Republic” (the “NKR”). A

ceasefire was reached after four days, on 5 April 2016, and the bodies of dead soldiers on either side

of the conflict were recovered; some were reportedly returned mutilated, with missing heads, hands

and earlobes. 21 other applications with similar allegations are currently pending (see K.S. and N.A.

v. Azerbaijan and 21 other applications).

The applicants in this case, V.T., L.V. and A.G., are the parents and sister of H.T, who was a major in

the “NKR” army. His body was found close to the line of contact between Azerbaijan and the “NKR”,

near the village of Talish. According to the “NKR” authorities’ investigation and a forensic report by an

Armenian expert, H.T. was seriously injured after his military truck had been ambushed and had had

his hands, then head cut off while he was still alive.

Relying on Article 2 (right to life) of the European Convention on Human Rights, the applicants allege

that H.T. was already defenceless and hors de combat when captured by the Azerbaijani forces and

that his subsequent mutilation and killing were unjustified and unlawful. Also relying on Article 3

(prohibition of torture and inhuman or degrading treatment) and Article 8 (right to respect for private

and family life), they allege that H.T. was tortured before he was killed, that they were unable to

recover his missing body parts and carry out a proper burial, and that, as a consequence, they have

suffered extreme mental distress and anguish. They also rely on Article 13 (right to an effective

remedy) and Article 14 (prohibition of discrimination).

Violation of Article 2

Violation of Article 3 on account of H.T. ‘s Torture

Violation of Article 3 on account of the applicants’ personal suffering

Just satisfaction:

non-pecuniary damage: 60,000 euros jointly to the first applicants and 30,000 euros to the third allicant of the Armenian family.

third applicant:

costs and expenses: 14,210 euros.