Mülkiyet Hakkı Çerçevesinde Çıraqov Davası

Abstract

The Nagorno-Karabakh conflict, which has been going on since the beginning of the 20th century and became a war between Azerbaijan and Armenia in 1988, continues to occupy the international agenda as an unresolved problem today. Nearly 20 % of the Azerbaijani territories were annexed by Armenia, about 20.000 Azerbaijani Turks were killed, more than 50.000 were wounded, and 1 million Azerbaijanis either emigrated or forced to move away from their settlements. People who abandoned their homes or forced to move in had to live in tents and old train wagons. As a result of the Nagorno- Karabakh War, more than 900 settlements and 130.939 houses have captured by Armenians. After the war, towns and villages were destroyed; schools, hospitals and historic buildings were demolished. With these actions Armenia has violated many international agreements and protocols that guarantee human rights. The fact that Azerbaijan is a member of the Council of Europe and a party to the ECHR has been a way for the victims to apply to the ECHR by the reason of human rights abuses. In this research, violations of the right of property carried out will be studied within the framework of the decision of “Chiragov and others / Armenia” given by the European Court of Human Rights (ECHR). “Chiragov and others / Armenia” case is the first application made to the ECHR about human rights (right of property) that have been violated during the Nagorno-Karabakh War. Even if such a decision is taken by the court, many rights continue to be violated, including the property rights of thousands of people. With this thesis, an important suggestion that Azerbaijan can put to use to solve this problem will be presented concretely.