Resolution on Nagorno-Karabakh Adopted in Strasbourg; Azerbaijani and Turkish Delegations Voted Against

Just now, a resolution on the humanitarian consequences of the Nagorno-Karabakh conflict was adopted in Strasbourg. This was reported by Ruben Rubinyan, Vice President of the National Assembly of Armenia:

"Despite recent efforts by Azerbaijan to remove the name Nagorno-Karabakh from international documents (the President of Azerbaijan made such a call from the UN podium just two days ago), we managed to change the title of the resolution and its text, including the phrase 'Nagorno-Karabakh conflict,' which is very important. The delegations of Azerbaijan and Turkey voted against the resolution.

The key points of the resolution for us are as follows:

• The Assembly emphasizes that both Armenia and Azerbaijan, upon joining the Council of Europe in January 2001, committed to resolving the conflict solely through peaceful means. Therefore, the six-week war of 2020 constituted a violation of those obligations and should receive an appropriate response from the Council of Europe.
• Nevertheless, the Assembly notes the concerns expressed by the Committee of Ministers regarding 188 Armenians captured by Azerbaijan (some of whom have been returned to Armenia) that were referred to the European Court of Human Rights on March 16, 2021. In this regard, the Assembly:
• Finds that the explicit aim of Article 8 of the Trilateral Statement is to exchange all detained individuals, regardless of any acknowledged status differences attributed by one party or the other.
• Is deeply concerned about the fate of around 30 Armenians, reportedly seen, filmed, or photographed while in captivity, with no information on their current whereabouts. The Assembly is troubled by claims that these individuals have been subjected to enforced disappearances and may have been killed.
• Calls on the Azerbaijani authorities to expedite investigations on this matter and provide relevant information to the European Court of Human Rights and Armenia.
• Continues to express concern about the detention conditions of approximately 45 Armenians captured after the Trilateral Statement, many of whom are undergoing expedited legal proceedings, raising issues regarding the right to fair trial under the European Convention on Human Rights.
• Calls on the Azerbaijani authorities to release all remaining captives and return them to Armenia without delay.
• Encourages the European Committee for the Prevention of Torture (CPT) to conduct a prompt visit, despite the ICRC’s regular access rights.
• References alarming evidence that Azerbaijan, with the assistance of Turkey, has used Syrian mercenaries.
• Regarding those who remain or have returned from the Nagorno-Karabakh region, the Assembly:
• Expresses deep regret over the lack of international presence in the region due to the existing disagreements between Armenia and Azerbaijan over entry issues, while underscoring its Resolution 2240 (2018) concerning 'Unrestricted access to member states, including "grey zones", by the Council of Europe and UN human rights monitoring bodies,' and reminds member states of their legal obligations to fully and in good faith cooperate with international human rights monitoring mechanisms, including those of the Council of Europe and the UN.
• Reminds that all individuals within the territory of the Council of Europe, including those living in conflict zones, have equal rights to full protection under the European Convention on Human Rights, including through relevant monitoring mechanisms.
• Shares the feelings of abandonment among those affected and highlights their concerns over border incidents, the presence of Azerbaijani forces, and regular gunfire.
• Notes the difficulties they face in terms of livelihoods, recovery from damages caused by war, provision of new housing, and the protection of fundamental human rights.
• Calls on all involved states to ensure unimpeded access for international independent humanitarian organizations and media representatives to the Nagorno-Karabakh region.
• The Assembly is seriously concerned about the rise in incidents at various border points since May 2021. There have been fatalities and injuries, and Armenian soldiers have been taken captive.
• Condemns the destruction of Armenian cultural heritage in Azerbaijan over the past 30 years, particularly in the Nakhichevan Autonomous Republic, and condemns the intentional damage done to cultural heritage during the six-week war, including the deliberate shelling of the Holy Savior Church and the Ghazanchetsots Church in Shusha, as well as the destruction or damage of other churches and cemeteries during and after the conflict.
• In light of past devastations, continues to express concern over the future of numerous Armenian churches and monasteries, including the Khutavank/Dadivank monastery, as well as khachkars and other types of cultural heritage returned under Azerbaijani control.
• Expresses its concern regarding the emerging narrative in Azerbaijan promoting the 'Caucasian-Albanian' heritage as a replacement for what is deemed 'Armenian' cultural heritage.
• Recommends that UNESCO examine the emerging narrative promoting 'Caucasian Albanians' heritage to ensure that it is not exploited by one of the parties.
• Hate speech has been a long-standing issue in both countries, as noted by the European Commission against Racism and Intolerance in its reports, particularly regarding Azerbaijan, which has also been criticized by the Advisory Committee on the Framework Convention for the Protection of National Minorities.
• High-level statements in Azerbaijan continue to present Armenians in an unacceptable manner. The so-called 'Strategist Park' in Baku raises serious concerns, and the Assembly believes that the use of caricatured and stereotypical mannequins exacerbates intolerance in society and should have no place in museums or society.
• The Assembly remains concerned and affected by the continuous obstruction of international organizations' visits to Nagorno-Karabakh and calls on both sides to facilitate their access.
• Therefore, the Assembly recommends that the Committee of Ministers follow up on the notification made to the Committee of Ministers by the European Court of Human Rights on March 16, 2021, regarding the Armenian captives and facilitate a resolution to this ongoing issue.