Azerbaijan's Permanent Representative at the UN Presents 62 Armenian Soldiers as Members of a Diversionary Group

The Human Rights Defender of Armenia, Arman Tatoyan, made the following post on his Facebook page: "On December 28, 2020, the Permanent Representative of Azerbaijan to the UN addressed a letter to the UN Secretary-General, which was distributed in the UN General Assembly and the Security Council. This letter included issues regarding citizens of the Republic of Armenia who are in captivity in Azerbaijan and their rights, therefore, the Human Rights Defender of Armenia finds it necessary to address these parts of the letter.

In particular: 1. In the 6th paragraph of the annex to the letter from the Permanent Representative of Azerbaijan to the UN, it is stated that in the context of a counter-terrorism measure, Azerbaijani authorities have identified 62 Armenian soldiers, who were primarily conscripted from Shirak, currently detained and undergoing criminal investigation in Azerbaijan. The letter refers to the mentioned Armenian citizens as members of Armenia's diversionary group, stating that they were sent to the 'Lachin region of Azerbaijan' allegedly to carry out terrorist acts against the Azerbaijani armed forces and civilians. Subsequently, among other issues, the Azerbaijani representative has drawn political conclusions, primarily utilizing the aforementioned Armenian soldiers in captivity, proposing certain actions against Armenia to the UN. The letter also concludes that Armenia is violating the tripartite declaration signed by Russia, Armenia, and Azerbaijan on November 10, 2020.

2. The Human Rights Defender of Armenia notes that it is absolutely condemnable to link the issue of Armenian soldiers in Azerbaijani captivity to territorial matters and politicize it. This grossly violates humanitarian processes and international requirements that guarantee human rights in the post-war phase. Both the 62 soldiers mentioned in the Azerbaijani letter and all other Armenian soldiers are prisoners of war, who are found in their places of captivity solely for fulfilling their legal duties—serving in the military—and must be released and returned to Armenia without any preconditions. This conclusion is based on the findings of the Human Rights Defender's continuous monitoring and investigation and is supported by substantiated evidence. Therefore, initiating criminal proceedings against the 62 Armenian soldiers in captivity in Azerbaijan, detaining them, and calling them terrorists is a blatant violation of international humanitarian law and human rights law in general. They cannot be subjected to any form of criminal prosecution or detention as punishment for participating in military actions. These are requirements that are particularly enshrined in the Third Geneva Convention of 1949.

3. The Human Rights Defender of Armenia also finds it necessary to make a special note that it is unacceptable to politicize human rights or humanitarian issues in the post-war process. The return or release of captives is independent of any political process. It must be ensured immediately after the cessation of military actions. This is a universally applicable requirement that exists in international law in any case, regardless of whether or not enshrined in documents regarding specific conflicts. Therefore, the 8th point of the tripartite declaration of November 10 has autonomous significance and should operate solely with an autonomous interpretation. It should not be viewed in connection with or dependence on other points of the declaration in any circumstance.

4. It is absolutely unacceptable to interpret the tripartite declaration of November 10 as if its applicability extends only to the situation prior to the signing of that declaration. Such an approach grossly violates human rights and the post-war humanitarian process. The mentioned declaration should be discussed concerning all situations arising both before and after November 10, as long as there exists an objective necessity for the protection of human rights and humanitarian processes due to the consequences of military actions.

Moreover, the Human Rights Defender notes that, in practice, it has already been recorded that there have been cases where the Azerbaijani armed forces have captured Armenians after the November 10 tripartite declaration, and they were afterward returned to Armenia.

5. It is of principle importance that the Azerbaijani authorities are delaying the return of the 62 Armenian soldiers by distorting legal processes, artificially assigning them the status of suspects or accused, and using confinement as punishment. Since international humanitarian law prohibits unjustified delays in the release of captives and views this as a war crime, it is evident to the Human Rights Defender that the Azerbaijani authorities are engaged in apparent abuses of legal processes to achieve their aims. The behavior of Azerbaijani authorities directly contradicts the intentions of the parties that signed the tripartite declaration of November 10. The fact is that based on the requirement of the 8th point of that declaration, the Republic of Armenia has already transferred to Azerbaijan individuals convicted of committing crimes, including the execution of peaceful civilians in Artsakh. Azerbaijan has similarly transferred Armenians formally convicted in that country to Armenia. Therefore, it also makes it evident that even the initiation of criminal proceedings and designating Armenian soldiers as suspects or accused serves to delay the return of captives, that it is an apparent abuse of legal processes, and violates not only international humanitarian law but also contradicts the intentions of the parties that signed the November 10 tripartite declaration.

6. The studies and findings of the Human Rights Defender of Armenia continuously confirm that the bodies of the Azerbaijani authorities have initially engaged in artificial delays of the release of Armenian captives and others deprived of freedom, constantly failing to report the actual number of captives. Moreover, the evidence gathered by the staff of the Human Rights Defender confirms that their number is more than what the Azerbaijani authorities have stated. This also applies to the return of 44 captives. The Human Rights Defender has recorded numerous cases where, despite evidence provided through videos and other means, Azerbaijani authority bodies deny the presence of individuals with them or delay the confirmation process. Studies demonstrate that all this is aimed at causing mental suffering for the families of the captives and, generally, for the Armenian public, manipulating the emotions of the Armenian society, and keeping the atmosphere tense. This applies equally to both military captives and civilians.

7. The absolute urgency of the question of the release of captives must also be viewed in the context of the organized political policy of promoting hatred and animosity towards Armenians in Azerbaijan. The reports published by the Human Rights Defender of Armenia, based on objective evidence, confirm the deep-rooted Armenian hatred political policy in Azerbaijan, the encouragement of animosity and atrocities by Azerbaijani authorities, and that this is even openly stated by cultural figures. This issue is closely related to the letter from the Permanent Representative of Azerbaijan to the UN, in that Armenian soldiers have primarily protected the life, health, property, and other vital rights of their compatriots—Armenians. This question is especially important in the face of the war crimes and atrocities committed by the Azerbaijani armed forces, against the mass destruction of peaceful settlements in Artsakh, some of which continue to be carried out.

8. Therefore, I call the attention of the UN and other international bodies mandated to protect human rights to the issues mentioned in this statement.

9. The highest authorities of Armenia must consider the circumstances mentioned in this statement of the Human Rights Defender when conducting negotiations. Based on these principles, the highest authorities of Armenia must act in such a manner or with such guarantees that the safe return of our compatriots is ensured in the framework of humanitarian and human rights processes.