New Cases Concerning 20 Individuals Missing in Azerbaijani Captivity
The Armenian Legal Center for Justice and Human Rights (ALC), based in Washington, has announced the submission of 16 new cases to the European Court of Human Rights regarding the "forced disappearances" of Armenian captives. This information was reported by the Central Office of the Armenian Cause Bureau of the ARF.
The cases concern a total of 20 individuals who have gone missing in Azerbaijani captivity. The ALC, in collaboration with the International and Comparative Law Center operating in Yerevan, has presented substantial evidence indicating that these individuals were detained and abducted by Azerbaijani forces during the 2020 Artsakh War. However, Azerbaijan has not published any further information regarding their current status.
According to international humanitarian law and the European Convention on Human Rights, these disappearances are classified as incidents of "forced disappearance," and Azerbaijan is obligated to investigate and provide information regarding these individuals.
Under international law, "forced disappearance" is a continuing crime, and as such, it persists as long as clear information regarding the fate and whereabouts of the victim is not provided. The new cases initiated by the ALC push the ECHR to compel Azerbaijan to investigate not only the disappearances of these individuals but also the incidents of widespread attacks against the civilian population by Azerbaijan.
The aim of these legal actions is to highlight that Azerbaijan holds information regarding these individuals and has not yet acknowledged their captivity or conveyed this information to the victims' families.
The Armenian Legal Center and the International and Comparative Law Center have also filed two new cases for the murder of 10 Armenian servicemen by Azerbaijan, in accordance with Article 2 of the European Convention on Human Rights. According to irrefutable evidence presented to the ECHR, these 10 Armenian soldiers were taken captive by Azerbaijani forces alive and unharmed. Nevertheless, during their captivity, they were subjected to inhumane torture and brutal murder.
Nine of the 10 Armenian captives were murdered after the cessation of hostilities and the announcement of the trilateral ceasefire on November 9, 2020.
The head of the Armenian Legal Center, Ken Khachikyan, remarked regarding the newly submitted cases to the ECHR, "Azerbaijan must be held accountable by the international community for its ongoing aggression and military crimes against Armenians. All Armenians held in captivity must be released unconditionally, without further negotiations or exchanges. These new cases regarding forced disappearances and murders are yet another step in protecting Armenian servicemen held in Azerbaijani captivity."
The International and Comparative Law Center has gathered detailed information and evidence documenting cases of Armenians captured by Azerbaijan from September 2020 to May 2021. Based on this fact-finding work and through collaboration among human rights organizations, numerous cases have been initiated in the ECHR. The organizations continue to pursue the freedom and rights of all Armenian captives in Azerbaijani captivity.
Missing Armenian servicemen include: Sergey Ananyan, Arthur Asatryan, Khachatur Avetisyan, Narek Boryan, Robert Ghazaryan, Aram Hovsepyan, Karen Iskandaryan, Hayk Khachaturov, Gagik Khachatryan, Hayko Khachatryan, Tigran Manasyan, Mikael Mkrtumyan, Irina Musayelyan, Gurgen Safaryan, Ararat Sakanian, Martik Sargsyan, Levon Sargsyan, Karen Sargsyan, Ivan Soghomonyan, Norair Soghomonyan.
Slain Armenian servicemen: Arthur Manvelyan voluntarily participated in the defense of Artsakh from the end of September 2020. On October 7, during combat operations near Mekhakavand, Manvelyan was injured and subsequently killed by an Azerbaijani soldier. The moment of his shooting was recorded by Azerbaijani soldiers and the footage circulated widely on the internet. After the ceasefire and the trilateral announcement regarding cessation of hostilities, Armenian soldiers remained in the village of Hin Tagher in Artsakh. As a result of an attack by Azerbaijani soldiers, nine Armenian soldiers were tortured and killed. They include: Harutyun Andreasyan, Sarkis Harutyunyan, Andranik Shahnazaryan, Armen Martirosyan, Smbat Avetisyan, Roman Margaryan, Harutyun Mkrtchyan, Gevorg Arshakyan, and Garik Barsheghyan. Subsequently, all nine Armenian servicemen were subjected to torture and brutally murdered.