The Issue of Armenian Prisoners Held in Azerbaijan Escalates Tensions Between the Parties, Says EC Representative

One year after the trilateral statement signed following the Artsakh war between Armenia and Azerbaijan in 2020, the Council of Europe Commissioner for Human Rights, Dunja Mijatovic, published a memorandum addressing the humanitarian and human rights implications of the conflict and presenting eight recommendations for the urgent protection of human rights.

“The Commissioner notes that access to areas affected by the conflict remains limited for organizations providing humanitarian aid and for missions engaged in continuous monitoring of human rights, and that obstacles have arisen for such missions,” the statement reads.

According to the Commissioner, the issue of access to all areas affected by the conflict should be resolved as a priority. She calls on all competent authorities to unite and adopt effective and flexible measures to ensure access for those dealing with humanitarian and human rights issues.

“The outbreak of enmity in 2020 forced tens of thousands of people living in or near the conflict zone to leave their homes, aside from those who were displaced in the 1990s. All those who have been displaced due to the conflict and are currently living in Armenia or Azerbaijan should not be compelled, directly or indirectly, to return to their previous places of residence,” the Commissioner stated. She emphasized that any return should be voluntary.

The Commissioner is also aware that pollution levels in the region are high due to landmines and unexploded ordnance, expressing regret that many people, including civilians, have been killed or injured from landmine explosions following the cessation of hostilities. She calls on the parties to cooperate and exchange necessary information to facilitate the demining process.

She urges the authorities of Armenia and Azerbaijan to ratify the UN convention that prohibits or restricts the use of certain conventional weapons that can have excessively severe consequences.

The Commissioner then addresses the issue of detainees, specifically Armenian prisoners held in Azerbaijan, noting that this issue is contentious and exacerbates the already tense relations between the two countries. Therefore, it is crucial to ensure that all persons in detention are granted protection as per international humanitarian and human rights law, as well as to organize their release and return.

“Many families continue to suffer the consequences of the conflict, especially those who lost family members and whose relatives are considered missing. Therefore, it is of primary importance to keep the legal and practical needs of the families of missing persons in the spotlight,” the Commissioner noted. In this regard, she emphasized the importance of both sides' involvement in creating a common database.

It is reported that the Commissioner has received reports on violations of international humanitarian law and human rights from both sides of the conflict, including from NGOs and affected individuals and their families. Additionally, the Commissioner is particularly concerned about reports of shelling in residential areas that have led to civilian casualties.

She calls on Armenia and Azerbaijan to refrain from using cluster munitions and to ensure effective investigations into violations of international humanitarian law, such as disproportionate attacks.

Finally, the Commissioner notes that public discussions in both countries are marked by toxic, hostile, intolerant, and disrespectful communication. “The persistent rhetoric of aggression or the use of terms such as ‘enemies’ only serves to perpetuate hostility between the parties,” the Commissioner added. She urges both sides to take action to prevent hate speech and to support initiatives aimed at ensuring peaceful coexistence.