HRC 50th Session Agenda item 3 – Interactive dialogue with the Special Rapporteur on the independence of judges and lawyers. Delivered by Mr. Nairi PETROSSIAN, Deputy Permanent Representative - Embassy of Armenia to Switzerland and Permanent Mission of Armenia to the UN office at Geneva

HRC 50th Session Agenda item 3 – Interactive dialogue with the Special Rapporteur on the independence of judges and lawyers. Delivered by Mr. Nairi PETROSSIAN, Deputy Permanent Representative

21 June, 2022

17 June 2022

HRC 50^th Session

Agenda item 3 – Interactive dialogue with the Special Rapporteur on the independence of judges and lawyers

Delivered by Mr. Nairi PETROSSIAN, Deputy Permanent Representative

President,

We share Special Rapporteur’s concern for an increase in practices that undermine and hinder the exercise of law. In this context we’d like to ask him how he’s going to address the situations of the executive’s undue control over judiciary? The US State Department recently reported about such a practice in Azerbaijan where the presidency dominates the judiciary.

A year ago we drew your attention to the bogus lawsuits against Armenian PoWs in Azerbaijan. Armenian civilians and servicemen were prosecuted in trials that lacked due process, in particular the right of defendants to choose their own legal counsel. We further reported that the Azerbaijani judges, who presided over their trials, have notoriously been known for the politically-motivated sentences imposed upon several HRDs.

Azerbaijan’s conduct has been obviously politically motivated as it was marked by arbitrariness and inconsistency. Some detainees were returned to Armenia without a conviction, some were repatriated while their trials were underway, and others were released for time served but none were provided with documentation on their convictions. Still, dozens of people remain in custody, and hundreds more have been missing after being last seen in Azerbaijan.

Armenia strongly urges the Special Rapporteur to address this pressing issue and report about it to this Council.

I thank you.

Right of Reply

President,

Armenia requested the floor to exercise its right of reply to Azerbaijan’s right of reply delivered on the ID with the Special Rapporteur on the independence of judges and lawyers.

The appalling and pervasive anti-Armenian practices of Azerbaijan has left Armenia no other choice but to request the International Court of Justice (ICJ) to hold Azerbaijan accountable for its violations of the International Convention on the Elimination of All Forms of Racial Discrimination. Our objective has been to prevent future harm and to redress the harm that has already been caused. Armenia further requested the ICJ to indicate certain provisional measures as a matter of extreme urgency.

The ICJ satisfied most of the interim measures requested by Armenia. On 7 December 2021 the ICJ has adopted provisional measures obliging Azerbaijan to protect Armenian detainees and ensure their equality before the law; to prevent anti-Armenian incitement and promotion of racial hatred, including by the officials and public institutions; and to take necessary measures to prevent and punish acts of destruction of Armenian cultural heritage. Azerbaijan blatantly ignores all these measures prescribed by the ICJ.

President,

We have already demonstrated that Azerbaijan’s conduct has been politically motivated. There can be no other explanation to it, especially since the leaders of Azerbaijan exercise complete control over the legislative and judiciary powers.

Azerbaijan, however, should exercise restraint in this Council and avoid treating it in a similar fashion. It should comprehend that it cannot at will prosecute or torture human rights defenders, journalists and independent lawyers, abduct opponents from third countries or send hitmen to kill them. Azerbaijan cannot shut down at will the sources of information that it doesn’t like as it regularly does to internet in its own country.

Azerbaijan cannot bribe politicians and high-ranking officials of international organizations to buy influence, to push under the carpet gross human rights violations, including its forged elections. It was no coincidence that the Parliamentary Assembly of the Council of Europe has banned and imposed restrictions on a dozen and a half of its former and sitting members due to Azerbaijan-related corruption charges.

Azerbaijan should finally understand that it cannot mislead international community on facts and root causes of the Nagorno Karabakh conflict, and whitewash its war crimes.

Armenia will spare no effort to achieve these objectives.

I thank you.

MFA RA
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