HRC 48: Interactive Dialogue with the WG on Arbitrary Detention: Delivered by Mr. Nairi Petrossian, Deputy Permanent Representative

20 September, 2021

September 20, 2021

HRC 48^th Session: Interactive Dialogue with the WG on Arbitrary Detention

Item 3: Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development

Delivered by Mr. Nairi Petrossian, Deputy Permanent Representative

President,

Armenia took a careful note of the Working Group’s thematic explorations and deliberation on women deprived of liberty.

We noted that Azerbaijan is constantly featured in your reports. In this context we draw your attention to the plight of the detained combatants and civilians of Armenian origin. The Human Rights Watch prepared several reports on the cruel and inhumane treatment of the Armenian detainees in Azerbaijan.

The European Court of Human Rights adopted 201 interim measures regarding those detainees. Azerbaijan denied its custody of the most of them, failed to meaningfully cooperate with the said Court and launched proceedings against 58 detainees, even though the International Humanitarian Law (IHL) requires setting PoWs free after the hostilities.

Azerbaijan further violated all the IHL norms while pressing criminal charges. It failed to extend appropriate legal assistance to the detainees. None of them was represented by a lawyer of their choice in a country where independence and impartiality of courts is basically non-existent. The mock trials were presided over by the judges known for notorious politicized verdicts against the human rights defenders.

What can the Working Group do to remedy the situation of the Armenians arbitrarily detained in Azerbaijan?

I thank you.

Right of Reply

President,

Armenia requested the floor to exercise its right of reply to Azerbaijan. We resolutely reject all the allegations made by the latter.

Azerbaijan is refusing to release all Armenian PoWs and continues to detain servicemen and civilians, although 10 months have passed since the announcement of trilateral ceasefire Statement. Many of them were abducted after the cessation of hostilities.

There are around 240 missing persons, many of them were last seen in Azerbaijan’s captivity. Armenia applied to the European Court of Human Rights to intervene with Azerbaijan regarding these cases. In a number of these cases, Armenia provided photo and/or video evidence confirming that Azerbaijani forces had taken these people into custody.

Azerbaijan adds an insult to an injury by claiming that people kept in Azerbaijan are not PoWs, but “terrorists and saboteurs”. The mock trials were held without affording all due process guarantees, especially the right to legal representation and the right to challenge the legality of detention.

The captives continue to be abused, mistreated, and isolated from their families. This inhumane treatment is having a profound psychological impact on them, their families and the society as a whole.

Azerbaijan pursues policy of arbitrary detention of Armenians declaring openly and brazenly that its aim is to extract the maps of the minefields that Armenia allegedly holds. Hence, these arbitrary detentions are carried out by Azerbaijan in order to gain leverage in relations with the State of nationality of the captive.

In this context we recall a video posted online, in which leadership of Azerbaijan is filmed claiming that obtaining the maps of minefields would give them a big advantage. An interlocutor then chimed in to make sure there were still Armenian captives in Azerbaijan to exchange them for the minefield maps, to which a response was that there were many of them. The video was obviously posted to intimidate and impose upon Armenians the twisted logics that people can be taken hostage and used as bargaining chips.

Azerbaijan shall immediately and unconditionally release all Armenian hostages in its custody. Pending their release, Azerbaijan shall treat them in accordance with its obligations under the international humanitarian law and international human rights law, including with respect to their right to security and protection by the State against all bodily harm, and permit independent medical and psychological evaluations for that purpose.

I thank you.

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