HRC 53rd Session: Item 3: Interactive Dialogue on the OHCHR report on casualty recording

03 July, 2023

Delivered by Mr. Henrik Yeritsyan, Second Secretary

President,

We thank the OHCHR for the report and agree that casualty recording is an important and effective mean of delivering on a range of fundamental human rights.

Armenia was among the original cosponsors of the HRC resolution on this theme. We believe that casualty recording should not only contribute to preservation of historic memory related to violations of IHRL and IHL but it has a vital role in early warning, prevention, humanitarian response and accountability.

We concur with the emphasis of the report on the importance of independently gathered casualty records that can increase transparency by preventing or exposing disinformation, particularly in volatile contexts in which there are often competing narratives and diverging information about the situation on the ground. Moreover, one of the recommendations of the report is to support and facilitate the work of independent casualty recording entities, including by ensuring on-the-ground access.

Armenia endorses the deployment of the UN mission in the Nagorno-Karabakh conflict zone. We believe it can contribute to the casualty recording of periodically erupting hostilities and act as an early warning tool. It can also help to prevent humanitarian catastrophe and looming ethnic cleansing of indigenous Armenian population.

I thank you.

First Right of Reply

Delivered by Mr. Henrik Yeritsyan, Second Secretary

President,

We would like to exercise our right of reply to the statement delivered by Azerbaijan during the ID on OHCHR’s report on casualty recording.

Azerbaijan unleashed three wars against Nagorno-Karabakh. In the aftermath of all wars Azerbaijan has always tried to present exaggerated numbers on humanitarian consequences from its side, including on refugees, IDPs, landmines, and missing persons. Maybe this kind of a propaganda is a way for Azerbaijan to hide behind or counter its gross violations of the international human rights law and international humanitarian law committed against indigenous Armenian population.

According to the information received from the ICRC as a result of the First Nagorno-Karabakh War of 1990s, 777 persons from the Armenian have been announced to be missing. We would like to recall that it was the Azerbaijani side that stopped any kind of cooperation with Armenia and Nagorno-Karabakh on the exchange of information on the missing persons since the end of 1990s and it was only after the 2020 war that Azerbaijan resumed limited cooperation with the Armenian sides.

As a result of a full-scale war of aggression against the people of Nagorno Karabakh in 2020 and other military provocations carried out afterwards by Azerbaijan against Nagorno Karabakh and the Republic of Armenia, presently, there are 195 registered missing persons including 20 civilians on the Armenian side. There are dozens of Armenians who are considered forcibly disappeared during the 44-day war. There are credible evidences, such as video and photo footages, as well testimonies of repatriated detainees that they were in Azerbaijani custody.

Since the signing of the trilateral statement of November 9 2020 on cessation of hostilities in and around Nagorno Karabakh Azerbaijan has refused to repatriate all Armenian Prisoners of War and detainees despite the numerous calls made by the international community and the Order of the ICJ.

The IHL is clear and specifically requires to set PoWs free after hostilities. However, Azerbaijan has fabricated criminal proceedings and conducted mock trials against them on tramped up charges.

Should any charges be pushed, IHL prescribes fair trials based on presumption of innocence and right to be tried by an independent and impartial court. However, this is not possible to achieve in Azerbaijan, a state which is notorious for its entrenched anti-Armenian hatred and human rights abuses, which has been widely reported by reputable structures such as UN CERD, the Council of Europe ECRI and others.

I thank you.

Second Right of Reply

Delivered by Mr. Henrik Yeritsyan, Second Secretary

President,

Azerbaijan does everything to complicate and make it impossible to conduct proper casualty recording for the Armenian victims of the aggressions of Azerbaijan.

In particular, the special procedure Mandate Holders noted that they have not received any answers from Azerbaijan on “measures to inform the disappeared about their fate and the exact whereabouts.”

Azerbaijan does not cooperate with Armenia and Nagorno-Karabakh on the mass graves of Armenians who fell victim of the aggression of Azerbaijan in 1990s. For the same reason it is hard to identify all victims of the Armenian pogroms and massacres committed in Azerbaijan, including in large cities, like Baku, Sumgait and Kirovabad.

Azerbaijan continues to infringe on the right to life of Armenians. The last such attempt on 27 June left four Armenians killed.

Arbitrary killings of Armenians and attempted murders after the war have a very precise aim – to intimidate and ethnically cleanse Nagorno-Karabakh from its indigenous population.

Meanwhile, the political leadership of Azerbaijan continues to use bellicose rhetoric and warmongering. They literally publicly claim at the highest level that the might is right and international law does not work. Azerbaijan acts accordingly.

The Parliamentary Assembly of the Council of Europe (PACE) in its 22 June 2023 Resolution on “Ensuring free and safe access through the Lachin Corridor” stated that the PACE is “extremely worried by the hostile and threatening rhetoric used against Armenians at the highest level of Azerbaijan’s leadership and urges Azerbaijan to repudiate such rhetoric”.

These are all extremely worrying signs of looming atrocity crimes.

Thank you.

MFA RA
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