54 HRC, Item 3 - Interactive Dialogue with the UN Working Group on Arbitrary Detention - Embassy of Armenia to Switzerland and Permanent Mission of Armenia to the UN office at Geneva

54 HRC, Item 3 - Interactive Dialogue with the UN Working Group on Arbitrary Detention

18 September, 2023

54 HRC, Item 3 - Interactive Dialogue with the UN Working Group on Arbitrary Detention

Delivered by Ms Hrachuhi KATVALYAN, Deputy Permanent Representative

President,

The arbitrary detention of the Armenian Prisoners of War and civilians continues for the third year in Azerbaijan. According to the International Humanitarian Law all PoWs should be released after the cessation of armed hostilities. The IHL prescribes that should any charges be pushed against the PoWs fair trails should be conducted based on presumption of innocence and right to be tried by an independent and impartial court. Instead, Azerbaijan failed to release the PoWs, but conducted mock trials against them that lacked due process guarantees, the right to legal representation and the right to challenge the legality of detention.

The UN Special Procedure Mandate Holders constituted that Azerbaijan failed to provide “factual and legal reasons for the continued detention of PoWs after the cessation of hostilities”.

Moreover, their trials took place in a State where according to the Freedom House’s recent report arbitrary arrests and detentions are common, with restricted access to legal counsel, fabrication and withholding of evidence, and physical abuse to extract confessions. The UN Working Group on Arbitrary Detention came to similar conclusions during its country visit to Azerbaijan. It further reported that non-nationals were not provided translators, some of them were detained for administrative offences, but investigated for other serious crimes and many had never had the chance to see a lawyer.

In the most recent case of the arbitrary detention the 68-years-old Vagif Khachatryan was abducted during his pre-agreed medical transportation by the ICRC from Nagorno-Karabakh to Armenia and taken to Azerbaijani custody.

I thank you.

MFA RA
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