Published on 9 October 2023
FIFTH SECTION
Application no. 33412/21
Armenia
against Azerbaijan
lodged on 12 April 2022
communicated on 20 September 2023
QUESTIONS TO THE PARTIES
1. Do the issues complained of – the alleged unlawful detention of captives of Armenian ethnicity on account of the failure of Azerbaijani authorities to release and repatriate them without delay (Article 5 of the Convention), the alleged flagrant denial of justice in the prosecution and conviction of these captives (Article 6) and the alleged lack of effective domestic remedies for ethnic Armenian captives (Article 13) – fall within Azerbaijan’s “jurisdiction” for the purposes of Article 1?
2. Having regard, inter alia, to the fact that the applicant Government complain on behalf of individuals affected, have all domestic remedies been exhausted for the purposes of the relevant complaints, as required by Article 35 § 1 of the Convention?
3. The respondent Government are requested to submit all the relevant documents and information pertaining to the 61 individuals named in the present application, including decisions on pre-trial detention, preliminary investigation reports, indictments, decisions on legal assistance, transcripts of court proceedings and judgments as well as, in case of appeals having been lodged, the writs of appeal and other documents concerning the appeal proceedings of the types already mentioned. They are also requested to provide information on the present situation of those of the 61 individuals who remain in Azerbaijan. Moreover, the respondent Government are requested to inform the Court of other prosecutions conducted and convictions passed, if any, against other ethnic Armenians held captive by Azerbaijan after the cessation of hostilities on 10 November 2020 and submit the relevant case documents, as described above. It is requested that each document be accompanied by a translation into English or French.