HRC 57 Session. Item 8. General Debate

03 October, 2024

Delivered by Ms. Lilit Toutkhalian, Minister Extraordinary and Envoy Plenipotentiary

Mr. President,

The Vienna Declaration and Program of Action recognize that all parties to armed conflicts should strictly observe international humanitarian law, as set forth in the Geneva Conventions of 1949 and other rules and principles of international law.

In this regard, we reiterate that prisoners of war and civilian detainees must be treated in accordance with international humanitarian law and must be released and repatriated without delay after the cessation of active hostilities. Their repatriation is essential for, among other things, fostering an environment of trust and establishing lasting peace and stability. Hostage-taking, arbitrary or prolonged detention of prisoners and internees for bargaining purposes are strictly prohibited under international humanitarian law.

Furthermore, effective legislative, administrative, judicial, or other measures must be undertaken to prevent, terminate, and punish acts of enforced disappearances. Families have the right to be informed about the fate and whereabouts of their loved ones. These are among the prerequisites of peace.

Failure to comply with these requirements not only constitutes a violation of international law but also indicates a willingness to commit further violations and to challenge peace. This should be considered a critical early warning sign.

Thank you.

Right of Reply

Mr. President,

Armenia is exercising its right of reply to Azerbaijan.

We believe that the state which ranks number 164 on the Press Freedom Index and number 157 on the Corruption Perception Index is in no position to lecture others on human rights. A state which, according to the joint communication of UN Mandate Holders, has committed human rights violations that "could amount to various war crimes" should refrain from making baseless allegations against others.

The severe human rights situation in Azerbaijan is well-documented by numerous reputable international watchdogs. The Freedom of Political Prisoners Union of Azerbaijan has identified 319 political prisoners in the country. Furthermore, 23 Armenian POWs and civilians remain arbitrarily detained in Azerbaijan, in gross violation of international humanitarian law. The International Court of Justice has ordered Azerbaijan to “protect from violence and bodily harm all persons captured in relation to the conflict who remain in detention, and ensure their security and equality before the law.” However, we remain deeply concerned by the mock trails and widespread torture practiced in custody in Azerbaijan.

Human Rights Watch has reported that Azerbaijan engages in torture with impunity, while authorities routinely deny detainees access to independent lawyers and medical care. The UN Working Group on Arbitrary Detention has also documented that the conditions in which detainees, including children, are held amount to inhuman and degrading treatment.

The Council of Europe’s Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment recently issued a public statement to address Azerbaijan’s persistent lack of cooperation with the CPT.

There is a glaring discrepancy between Azerbaijan’s self-presentation on international platforms as a supposedly peace-loving and tolerant state and its brutal crackdown on fundamental freedoms. Human Rights Watch has documented the arrest of at least nine civic activists who criticized Azerbaijan’s military attack on Nagorno-Karabakh.

The Freedom House concluded that actions of Azerbaijan documented during this military attack “meet the criteria for ethnic cleansing."

In an attempt to deflect attention from its gross violations of human rights and international humanitarian law, Azerbaijan has created a narrative accusing Armenia of planting landmines against civilians. Azerbaijan took this claim to the ICJ, which twice unanimously rejected these allegations. It is worth noting that Azerbaijan is not a member of the Anti-Personnel Mine Ban Convention. This fact alone speaks volumes about its true attitude towards humanitarian demining.

Thank you.

MFA RA
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