Statement delivered by H.E. Andranik Hovhannisyan, Permanent Representative of Armenia at the Interactive Dialogue with Special Rapporteur on the independence of judges and lawyers during the 47th Session of the Human Rights Council

28 June, 2021

HRC 47^th Session: Item 3 – ID with Special Rapporteur on the independence of judges and lawyers

Delivered by H.E. Mr. Andranik Hovhannisyan, Permanent Representative

President,

We thank the SR for his report.

Armenia draws the attention of the Council to the mock lawsuits against Armenian Prisoners of War in Azerbaijan.

The European Court of Human Rights adopted 201 interim measures with regard to the combatants and civilians of Armenian origin detained by Azerbaijan. The latter refused to acknowledge the detention of most of them, failed to meaningfully cooperate with the said Court and launched proceedings against 58 detainees, even though the IHL specifically requires to set PoWs free after hostilities. Should any charges be pushed, IHL prescribes fair trails based on presumption of innocence and right to be tried by an independent and impartial court.

Azerbaijan violates all these norms. It failed to provide prior notification about judicial proceedings, to specify the charges, as well as to extend appropriate legal assistance to the detainees. None of them is represented by a lawyer of their choice in a country where independence of courts is basically non-existent. The judge, who presides over the trials, is notorious for the politically-motivated sentences imposed upon several Azerbaijani HRDs.

It is beyond reasonable doubt that this mistreatment is a flagrant denial of justice and hostage taking in gross violation of IHL.

I thank you.

HRC 47^th Session: Item 3 – Right of Reply in response to the statement of Azerbaijan during the ID with Special Rapporteur on the independence of judges and lawyers

President,

Armenia takes right of reply to respond to allegations of Azerbaijan.

Azerbaijan refuses to repatriate Armenian Prisoners of War and detainees despite the numerous calls made by the international community, subjecting them to cruel, inhuman and degrading treatment.

On 9 March 2021, the European Court of Human Rights notified the Committee of Ministers of the Council of Europe of interim measures in relation to 188 Armenian prisoners of war and civilian captives. It is indicative that Azerbaijan acknowledged the presence of only 72 Armenians in its custody and failed to adequately cooperate with the European Court.

At the recent session of Parliamentary Assembly of Council of Europe, the Committee on Legal Affairs and Human Rights expressed a particular disappointment that Azerbaijani authorities fail to implement fully the relevant binding judgments of the European Court of Human Rights.

In May the Freedom House expressed deep concern on dehumanizing treatment and abuse, including torture, of around 200 Armenian PoWs and detainees, urging Azerbaijan to fully cooperate with the European Court of Human Rights and ensure all protections required under International Humanitarian Law.

On 20 May, the European Parliament adopted a resolution, which “demanded the immediate and unconditional release of all Armenian prisoners, both military and civilian, detained during and after the conflict, and that Azerbaijan refrain from making arbitrary detentions in the future”.

In the environment of impunity, Azerbaijan continues manipulations with regard to the Armenian prisoners of war. It has fabricated criminal proceedings and conducted mock trials of Armenian PoWs on tramped up charges.

Azerbaijani penitentiary system has long been recognized for its malpractices of torture, cruel and inhumane treatment of detainees, which was testified by several international reports, including by the UN Working Group on Arbitrary Detention and the UN Committee Against Torture.

Needless to say, given the atmosphere of the overwhelming Government-induced anti-Armenian hatred and impunity on the violent hate crimes perpetrated against Armenians, the detained combatants and civilians of Armenian origin face imminent and grave threat to their lives and health in Azerbaijani custody.

It is noteworthy that Azerbaijan stages trials against Armenians in an atmosphere of complete impunity for gross violations of international law perpetrated against Armenians, including the beheadings, mutilation, looting, destruction of cultural and religious heritage, to name but a few.

I thank you.

Second Right of Reply in response to the statement of Azerbaijan during the ID with Special Rapporteur on the independence of judges and lawyers

President,

We exercise our second right of reply to refute the allegations made by Azerbaijan.

Armenia demonstrated time and again its good will and readiness to resolve the Nagorno-Karabakh conflict through political and diplomatic means but unfortunately never found a responsive and responsible partner in Azerbaijan.

It is the grim reality around us that Azerbaijan undertakes new provocative actions on a daily basis, such as, to name but a few, the continued illegal presence of Azerbaijani armed forces on the sovereign territory of Armenia, the killing and abduction of Armenian servicemen on our territory, intimidation and attacks on residents of the border villages, mock trials of Armenian prisoners of war, and the rejection to provide any information on the whereabouts of many more Armenian detainees, as well as continuous destruction of Armenian cultural and religious heritage.

The international mediators of the Nagorno-Karabakh conflict resolution have reiterated that its comprehensive settlement should be based on the principles and elements elaborated throughout the years. One of those basic principles is the right of people to self-determination.

The people who have passed through the horrors of the war both in 2020, in 2016 and in 1990s should have the right to freely choose and determine their political status, in full compliance with the international law. We strongly believe it is a choice between life and death.

I thank you.

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