Azerbaijan Prepares $50 Billion Inter-State Claim Against Armenia: Kostanyan

Former Chief Prosecutor and former Armenian representative at the European Court of Human Rights and the Committee of Ministers, Gevorg Kostanyan, has given an interview to Tert, revealing that Azerbaijan is preparing an inter-state claim against Armenia. The interview follows below.

- Mr. Kostanyan, since 2004 you have been involved in the legal process for the recognition of Artsakh, in addition, you were the Armenian representative in the European Court of Human Rights’ Committee of Ministers, however, alongside the political processes occurring in Armenia, you resigned from your position. During this time, what outcomes were recorded in favor of Armenia, and is the new Government sufficiently capable, and is it willing to continue the line you were pursuing in the ECHR?

- Since 2004, in addition to the European Court, all questions regarding legal regulations arising from the status of Artsakh or stemming from that conflict have been discussed and continue to be discussed within the Committee of Ministers.

Unfortunately, sessions of the Committee of Ministers are closed-door, and I cannot disclose or reveal what outcomes have been recorded, but I can confidently state three important components that we unambiguously considered as facts, and everything is based on that.

These are as follows: any legal solution that may exist around the resolution of the Artsakh issue must have three components: 1. The security of the people of Artsakh must be guaranteed absolutely, 2. There must be direct participation of Artsakh in the discussions on the resolution mechanisms of the Artsakh issue. In other words, we have unequivocally stated that without the direct participation of Artsakh authorities, discussing any issue related to or stemming from the Artsakh conflict is impossible, and most importantly, mechanisms must be introduced to exclude the ceasefire that guarantees a secure atmosphere and situation in Artsakh.

These three are at least documented within the framework of the Committee of Ministers. As for the current government's approach, I am not a representative of the government, I cannot state categorically, but the fact that I see declarations being made at the highest level, formulations being put forth, directly corresponds to the line I mentioned, namely, I see that the three components are being pursued by the current government, which is commendable for me.

- Mr. Kostanyan, I think there was a representative from Artsakh in one of the Committee of Ministers sessions; was that unprecedented, or has there been continuity regarding the presence of Artsakh representatives in the Committee of Ministers?

- You raised a very important point: indeed, in one or rather two sessions of the Committee of Ministers, representatives from Artsakh participated, but the first raised significant issues that we resolved. In one of the sessions, we invited the Deputy Foreign Minister of Artsakh, who participated in fact, and in the second case, the advisor to the President of Artsakh participated and furthermore, spoke in the Committee of Ministers, which was unprecedented and naturally caused dissatisfaction from the Azerbaijani government. Nevertheless, we achieved that the advisor to the president of Artsakh, Emil Babayan, spoke in the Committee of Ministers and presented the position of the President of Artsakh.

I actually consider this a major achievement. Now I do not know how it continues, but I hope it continues in the same manner. I set the following rule: if you want to negotiate on any matter, an Artsakh representative must necessarily be with me, arguing that if I negotiate without an Artsakh representative, then I will not be able to implement any accepted decision in Artsakh, because, for example, whatever we decide, it must be implemented in Artsakh and with the participation of Artsakh authorities. The Armenian authorities do not have a mandate to implement those decisions, and that approach yielded results.

- Mr. Kostanyan, is there a legal threat against Armenia concerning the Artsakh issue at present? Are there claims that might pose legal risks for Armenia?

- Unfortunately, I have information that Azerbaijan is preparing an inter-state claim against Armenia in the context of the Artsakh conflict, and that claim contains a political component, meaning that during the discussion of this claim, all aspects of the conflict - political, legal, social, cultural, and others - will be subject to discussion, but the most alarming part is that it has a serious economic component because, according to my information, a claim of about $50 billion is being prepared against Armenia. Azerbaijani ambassadors are signing contracts with lawyers and attorneys in various European countries, which means they are forming a legal team to present this claim.

This claim is crucial for me, and I would set aside everything in my life to deal with this issue, even if unofficially.

For the full interview, visit the news organization’s website.