51st session of the Human Rights Council: Decisions and conclusions General Comment on the draft resolution Arbitrary detention (A/HRC/51/L.12) Delivered by H.E. Mr. Andranik HOVHANNISYAN, Permanent Representative

06 October, 2022

51st session of the Human Rights Council: Decisions and conclusions

General Comment on the draft resolution Arbitrary detention (A/HRC/51/L.12)

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

President,

Armenia thanks France for its hard work in steering negotiations for this resolution, as well as for transparent process of informal consultations convened. We have been a traditional co-sponsor of this initiative and, therefore, we look forward to its consensual adoption. That is especially important since it should extend the mandate of the Working Group on Arbitrary Detention for another period of three years.

Armenia has constructively participated in and contributed to the deliberations. We welcome the new elements introduced into this resolution, in particular, the acknowledgement of the entitlement of persons deprived of their liberty to receive legal assistance by counsel of their choice. We are gratified that needs of human rights defenders, peaceful protesters, journalists and other media workers, women, children, persons with disabilities and older persons have been specifically referred to in the text in front of us.

Armenia, however, regrets that it was not possible to acknowledge that international human rights law (IHRL) and international humanitarian law (IHL) are complementary and mutually reinforcing. That is a standard language used in several consensually adopted HRC resolutions.

The concept that detention must not be arbitrary is part of both IHL and IHRL. Although there are differences between these branches of international law, both aim to prevent arbitrary detention by specifying the grounds for detention based on needs, in particular security needs, and by providing for certain conditions and procedures to prevent disappearance and to supervise the continued need for detention. In this context, we also welcome that enforced disappearance was added to the listing of the human rights violations to which the victims of arbitrary detentions are vulnerable.

Armenia is convinced that this Council should encourage all States to ensure that

all persons deprived of their liberty for reasons related to the armed conflict are fully respected and protected;
prisoners of war are released and repatriated without delay after the cessation of active hostilities;
the prohibition of taking hostages is strictly respected;
the detention of prisoners and internees is not prolonged for bargaining purposes which practice is prohibited by the international humanitarian law.

Armenia finds it necessary to address the issue we brought to this august Council’s attention during the next iteration of this resolution. It is especially important since the ideas we shared have been firmly rooted in international law and acknowledged on numerous occasions by the Working Group, whose mandate we shall extend today.

I thank you.

MFA RA
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