Religion – Weltanschauung – Recht [ RWR ]

The applicant, Salman Gurbanov, is an Azerbaijani national who was born in 1968 and lives in Baku. The applicant’s 22-year-old son, a soldier in the Azerbaijani Armed Forces, was killed in military clashes that took place on the border between Azerbaijan and Armenia on 29 December 2016. His body was found in the Tavush region of Armenia.

The case concerns the delayed return by the Armenian authorities of the body, which was only handed over to his family on 5 February 2017.

Relying in particular on Articles 8 (right to respect of private and family life) and 14 (prohibition of discrimination) of the European Convention on Human Rights, the applicant complains of inhuman treatment, that he and his family had not been able to bury the body in accordance with their religious tradition, that no effective remedies were available and that the underlying reasons for the refusal to return the body were discriminatory.

• No violation of Article 8
• No violation of Article 14

Press release ECHR 274 (2023) 05.10.2023