Avoid Public Discussions on Armenian Prisoners Illegally Convicted in Azerbaijan

According to information obtained from the European Court of Human Rights (ECHR) and public sources regarding the intergovernmental legal processes initiated by the Government of Armenia, the Azerbaijani authorities are currently carrying out fabricated criminal prosecutions against individuals who were captured as a result of the war that erupted on September 27, 2020, and who are still being held in Azerbaijan in evident violation of international humanitarian law.

The Armenian Government has repeatedly stated officially and now reaffirms its position that the individuals currently unlawfully detained in Azerbaijan are prisoners of war and abducted civilians, and they are entitled to the protections guaranteed under the 1949 Geneva Conventions. Any criminal charges brought against the captured Armenian individuals lack any legal basis and outright contradict international legal norms.

Moreover, the entire process of criminal prosecution carried out by the Azerbaijani authorities based on fictitious accusations against Armenian prisoners of war and held civilians is accompanied by gross violations of fundamental rights to a fair trial.

Specifically, both under international human rights law and international humanitarian law, individuals subject to criminal prosecution must enjoy minimum guarantees of fair trial rights, such as the presumption of innocence, prompt and detailed information in a language they understand about the nature and basis of the charges against them, sufficient time and facilities to prepare their defense, the right to defend themselves personally or through their chosen defenders, and free access to a translator, among others. These mandatory legal guarantees are clearly violated by the Azerbaijani authorities, as repeatedly confirmed by various international organizations, including the ECHR.

In light of the above, the Office of the Representative of Armenia to the ECHR has repeatedly appealed to the Court regarding the cessation of criminal prosecutions against the mentioned individuals, their release, or the guarantee of their rights in other ways. However, considering that the ECHR's legal mechanisms allow for only limited urgent measures under Rule 39 of the Court’s Rules, which, unfortunately, is mostly applicable in cases of imminent threat to life or the right to be free from torture, the ECHR refrains from intervening in the issues of criminal prosecutions against these individuals.

Taking this into account, the Office of the Representative of Armenia to the ECHR is currently continuing professional discussions with competent state bodies and other interested parties regarding the possibility of appealing to other international legal mechanisms to gather information on the unlawful criminal prosecutions against captured Armenian individuals, to intervene in any way, or to prevent them.

Simultaneously, considering the complex and multifaceted nature of ongoing international legal processes, as well as the fact that the Azerbaijani authorities will attempt to exploit any opportunity to use their initiated fabricated criminal prosecutions as an example, the Office of the Representative of Armenia to the ECHR expresses its readiness to cooperate with attorneys, legal professionals, law chambers, or any other individuals and/or human rights organizations interested in this matter. It calls on them to discuss and coordinate any steps with the Office before taking any action.

At the same time, given the highly sensitive nature of the issue and its extreme importance, we urge everyone to refrain as much as possible from exploiting the topic unnecessarily and from public discussions about the matter.