Sufficient Evidence of Murder and Torture of Armenian Prisoners of War and Civilians in Azerbaijan

The Office of the Prosecutor General of Armenia reports: “During the preliminary investigation of the criminal case initiated regarding the aggressive war unleashed by the military-political leadership of the Republic of Azerbaijan against the Republic of Artsakh and the Republic of Armenia on September 27, 2020, sufficient objective evidence has been obtained on the gross violations of international humanitarian law norms by the armed forces of the Republic of Azerbaijan during the course of the armed conflict. Specifically, the norms of the Geneva Convention of August 12, 1949, related to the protection of victims of international armed conflicts, and the 1st Additional Protocol of Geneva of 1977, particularly Articles 44, 45, 47, 48, 51(2), 52(2), and Article 51(4) Point 3 and Article 85(5), as well as customary international humanitarian law norms 1, 7, 11, 12, and 54 have been violated; evidence related to the murder, torture, and inhumane treatment of prisoners of war and civilians protected under these conventions by the Azerbaijani armed forces has been found.

In particular, on October 16, 2020, soldiers of the armed forces of the Republic of Azerbaijan called a relative of prisoner N.B. from his mobile phone and announced that they would behead the prisoner and post the picture online. A few hours later, the relatives saw a picture of the murdered prisoner on his social media page.

During the launched military operations, soldiers of the Republic of Azerbaijan forcibly relocated civilian, M.M., a resident of Hadrut city, against his will to the Republic of Azerbaijan, where they subjected him to inhumane treatment and torture, unlawfully depriving him of life.

Numerous videos posted on various dates on online platforms show that an individual in military uniform with an Azerbaijani flag shot a wounded prisoner of war, A.M., the Azerbaijani armed forces members beheaded an Armenian prisoner and placed the head on the belly of an animal, fired shots at the head of an Armenian soldier, mocked the prisoner by hitting him in the head, cut off the ears of Armenian prisoners, cut off the ear of a civilian, presenting him as an Armenian spy, humiliated three Armenian prisoners by forcing them to applaud while kneeling, kidnapped Armenian soldiers, beat one of them with their feet, forced an Armenian prisoner to kiss the flag of the Republic of Azerbaijan by hitting him in the head, struck five prisoners, some of whom were injured, with a skewer and made a pact to cut off the hand of one, and insulted an elderly man in civilian clothing while hitting him in the back and cursing the fallen prisoner by tugging at his chest.

According to the footage obtained as a result of undertaken investigative and operational measures, a soldier of the Republic of Azerbaijan, stepping on the tank, forced the wounded prisoner of war to say in Azerbaijani, “Karabakh belongs to Azerbaijan.”

As per another footage obtained through the undertaken measures, representatives of the armed forces of the Republic of Azerbaijan abducted two civilians: B.H., born in 1947, a resident of Hadrut city, and Y.A., born in 1995, a resident of the village of Tyak in Hadrut district, and, according to subsequent footage, fired at them in the Arthur Mkrtchyan street of Hadrut city, killing them while wrapped in the flag of the Republic of Armenia without any means of protection.

On October 19, 2020, soldiers of the Republic of Azerbaijan sent a message to the friend of prisoner S.A. via the “WhatsApp” application from his mobile phone stating that he was in captivity. On October 21, another friend of S.A. saw a video on the “TikTok” social network revealing that the prisoner was beaten and forced to utter insulting phrases against the Prime Minister of Armenia.

In the morning of October 16, 2020, a group of soldiers of the Republic of Azerbaijan invaded the apartment of J.B., a resident of Hadrut city, and, using violence against her, dragged her by the hands to sit in a vehicle against her will, abducting her in an overt manner to the capital of Azerbaijan, Baku. After keeping her for about 12 days by using violence, she was handed over to Armenia through the Red Cross on October 28. According to a video available on Hraparak.am, soldiers of the Azerbaijani armed forces struck three captured soldiers.

Data regarding all incidents are being verified through proper legal procedures, and procedural actions have been undertaken to ensure the collection of evidence regarding crimes committed by the Azerbaijani armed forces, the provision of legal evaluations for them, the identification of perpetrators of the crimes, and to take them to criminal responsibility.

According to the assessment of the already obtained sufficient objective evidence, it is documented that the responsible officials of the armed forces of the Republic of Azerbaijan have committed serious crimes in a centralized organized manner, involving numerous soldiers, characterized by a pronounced motive of national hatred, stating deliberate and targeted violations of commonly accepted norms of international humanitarian law.

The Office of the Prosecutor General of Armenia is taking steps to present the facts regarding the inhumane actions committed against Armenian prisoners of war and civilians in Azerbaijan to partner prosecutorial international bodies with the aim of ensuring criminal prosecution for these actions against living, and in some cases, injured prisoners of war and civilians, condemning these atrocities, and finding additional guarantees for protecting the rights of the victims. For this purpose, the Prosecutor General's Office of the Republic of Armenia, as well as the body conducting the proceedings of the criminal case, are in constant contact and cooperation with the respective domestic authorities dealing with the issues concerning prisoners of war and citizens of the Republic of Armenia and the Republic of Artsakh in captivity.”