HRC 46th Session: Item 3: Interactive dialogue with the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism Delivered by Mr. Henrik Yeritsyan, Second Secretary

15 March, 2022

March 15, 2022

HRC 46^th Session: Item 3: Interactive dialogue with the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism

Delivered by Mr. Henrik Yeritsyan, Second Secretary

Mr. President,

Armenia thanks the Special Rapporteur for his report and the presentation.

The Secretary General’s report on Terrorism and Human Rights makes a clear linkage between the vague notions set out in counter-terrorism laws and the shrinking space of civil liberties. It further refers to some countries, where such laws are routinely misused to label civil society actors, including human rights defenders, as terrorists and to prosecute them for terrorism-related offences.

We have such a country in our region where under the guise of the anti-terrorist efforts the human rights defenders are intimidated and indicted. The Human Rights Watch 2021 report refers to such a case in Azerbaijan. However, it is by far not the only one.

Azerbaijani Government has frequently misused the laws on counter-terrorism for cracking down on its opposition, civil society, religious figures and even to prosecute the Armenian Prisoners of War.

Such a malpractice should be adequately addressed, especially since it is exercised by the State that itself did not shy away from employing foreign mercenaries, closely related to notorious terrorist organizations, in its war against Nagorno-Karabakh.

The UN expert mechanism on mercenaries issued a detailed press statement in that regard.

I thank you.

Right of reply

President,

Armenia exercises its right of reply to respond to Azerbaijan.

The factual evidence on participation of foreign terrorist fighters in the aggression against Nagorno Karabakh is exhaustive. The WG on the use of mercenaries both in its press statement made a clear reference to the use of mercenaries by Azerbaijan and has concluded that (and I quote) “it is even more worrisome that the Syrian fighters deployed to Azerbaijan are allegedly affiliated with armed groups and individuals that, in some cases, have been accused of war crimes and serious human rights abuses”(end of the quote)”. The high-level officials of such countries as France, Russia, Germany and the United States have repeatedly confirmed the use of mercenaries by Azerbaijan.

Azerbaijan used mercenaries against Nagorno-Karabakh also during the war of 1990s. Those mercenaries were closely linked to notorious terrorist organizations that committed despicable cruel attacks worldwide. The international media widely reported about the participation of Chechen terrorists, including their notorious warlord Shamil Basayev, as well as thousands of Afghan mujahedeens in the ranks of the army of Azerbaijan.

These are the plain and well-known facts. As far as Azerbaijan’s claims are concerned then they are not backed by any credible report or evidence and hence are a mere propaganda pieces.

The wars unleashed by Azerbaijan against Nagorno-Karabakh have devastating consequences. One of them is the heavy contamination by mines. The HALO Trust, British-American nonprofit organization estimated that (and I quote) “there have been more landmine accidents per capita in Karabakh than anywhere in the world.” Those landmines were planted by Azerbaijan against the people of Nagorno Karabakh.

When it comes to Armenia then it has already handed all maps of the minefields under its disposal to Azerbaijan, as a humanitarian gesture.

Missing persons are among another devastating consequences of the wars unleashed by Azerbaijan. There are around 1000 missing Armenians. Many of them are considered to be subjected to enforce disappearances, since there are photo/video evidences that at some point they were in Azerbaijani custody. It is not a coincidence that Azerbaijan never ratified the Convention for the Protection of All Persons from Enforced Disappearance.

Armenia has always been in favor of cooperation on the issue of missing persons. Incidentally, it was Azerbaijan that refused any kind contacts between the relevant agencies of Armenia, Nagorno-Karabakh and Azerbaijan, thus clearly demonstrating its true attitude towards this humanitarian issue.

I thank you.

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