Lawyer Says, Armenian Citizens Serving in Karabakh is Based on Non-Existent Document

Parents of Armenian citizens who have died in the Nagorno-Karabakh Defense Army are raising questions as to what legal basis Armenian citizens are serving in the NKR Defense Army; the same question has been asked by the European Court of Human Rights (ECtHR) to the Armenian government. The ECtHR has directed the question in the case of “Hrachik Muradyan vs. Republic of Armenia”.

Hrachik Muradyan’s son, Suren Muradyan, died in 2001 in the NKR army and due to his death a criminal case had been heard, albeit, at the Syunik Court of Universal Jurisdiction’s Stepanakert Division. Muradyan’s father has fought through the national court system without legal support, however, lawyer Mushegh Shushanyan has prepared the case for the ECtHR.

According to Shushanyan, the government cites Muradyan’s military service in NKR and the Muradyan’s case convening in Stepanakert with a non-existent document.

“The Armenian government had cited that the basis for Armenian citizens serving in the NKR army is based on an inter-state agreement signed between RA and NKR in 1994 . In one of the points in the agreement, Armenian citizens can voluntarily choose to do their military service in NKR. In the same agreement, another point states that any violations that occur to that soldier will have to be investigated by Armenia’s legal entities. However, we haven’t been successful in finding such an inter-state agreement,” said Shushanyan.

When speaking about the case, the lawyer said that Muradyan had died as a result of violence against him, while the official cause of death was from his illness with Malaria. Shushanyan said that Muradyan had been tortured by the military base’s deputy-commander and artillery chief, however, they avoided punishment. The case also involves a letter by current Armenian Defense Minister Seyran Ohanyan, the NKR Defense Minister at the time of the death, who asked to withhold punishment for those officials on the basis that they had a major input toward the Karabakh war.

According to Shushanyan, the military officials have not even been charged with any article. The ECtHR still has not released a verdict for the case of “Hrachik Muradyan vs. Republic of Armenia”.

The suit is based on the European Convention of Human Rights article on the violation of the right to life.