Human Rights Defender Issues Statement

From November 11 to November 15, the situation for the residents of adjacent areas has worsened considerably due to the illegal establishment of so-called Azerbaijani border and customs control on the Goris-Kapan and Kapan-Jakaten roads. This was reported by Armenia's Human Rights Defender, Arman Tatoyan, on his Facebook page.

He specifically stated: “Below are the findings of the Human Rights Defender's Office during the fact-finding missions carried out from November 8 to November 18 regarding the state of human rights in the villages of Jakaten, Shikahogh, Srashen, Nerkhin Hand, Tsav, and Shishkert due to the closure of the Kapan-Jakaten road.

Firstly, all six settlements are facing an uncertain and unpredictable situation; the realization of rights has not only become more difficult but, in various cases, has become impossible. Since November 15, when Azerbaijani so-called checkpoints were installed on the Kapan-Jakaten road, the already jeopardized right to free movement has been seriously restricted.

On November 10 and 14, the Human Rights Defender's Office recorded during field visits that armed Azerbaijani servicemen, mainly in disguise, approached people on the roadside and attempted to intimidate them with overt display of weapons, even as children and elderly people were traveling on that route. This criminal phenomenon was documented by the Defender’s Office, particularly on the early morning of November 10, when children were present in a vehicle passing through the said area.

In addition, serious security issues already exist in those settlements. For example, in Jakaten, residential houses are located only 200-300 meters away from Azerbaijani positions. In another case in Nerkhin Hand, Azerbaijani armed forces are stationed near the village’s only water source, creating severe water security problems, as highlighted by local residents.

Due to the situation, schools are conducting classes entirely or partially in remote format. For instance, four children from the school in Jakaten, including those requiring special educational conditions, along with teaching staff, must come from Kapan, but due to the traffic ban on the road and the impassability of alternative routes, they cannot reach the school. Consequently, classes are conducted remotely following instructions from the regional administration.

In the Shikahogh (Srashen) secondary school's branch, teachers commute from Kapan to deliver lessons. However, the teacher for Nerkhin Hand cannot reach The school due to the traffic restrictions. Thus, remote learning is being utilized in these populations. In Nerkhin Hand, children's rights have already been particularly violated due to Azerbaijani armed forces being located merely a few hundred meters from the school.

Several residents have reported emerging issues with internet connectivity in recent days, a concern also observed by the Defender's Office during visits. Moreover, Azerbaijani positions are located in immediate proximity to the sites for civil population’s internet connection stations.

In these six settlements, serious difficulties have already arisen regarding access to medical assistance and services, breaching people's constitutionally guaranteed absolute humanitarian right to health. Although there is a permanent emergency service operating in Jakaten, dispatched from Meghri (with only one vehicle and one paramedic per settlement), emergencies requiring urgent hospitalization necessitate a transfer to the medical center in Meghri, which locals report can take 2-2.5 hours to cover approximately 70 km. Previously, before the illegal restriction imposed by Azerbaijani armed forces, transfers to Kapan’s medical facility could be organized in around 30 minutes.

This situation has arisen in several other settlements as well, with essential medications needing to be brought in mainly from Meghri if they are not available locally.

The issue is exacerbated as these areas contain elderly residents and individuals with disabilities whose health maintenance urgently requires rapid response, prompt medication delivery, and, if needed, urgent hospitalization. For instance, a resident diagnosed with asthma had previously accessed immediate transportation to Kapan’s healthcare facility for timely treatment during health exacerbations, but now, due to the closure of the Kapan-Jakaten road, the necessary transfer now requires approximately 1.5-2 hours instead of the former maximum of 30 minutes, which is unacceptable in terms of urgent medical assistance.

Similar instances of compromised urgent medical assistance rights are reported in other settlements as well. The emergency hospitalization from these populations to Meghri’s facility is seriously hindered when residents need to visit Kapan’s polyclinic, where they are primarily registered. Such a necessity might arise for medical examinations, socio-medical assessments, or obtaining referrals or other documents from the primary healthcare unit.

It is noteworthy that the route presented as an alternative option becomes impassable, particularly under adverse weather conditions, such as rain. Given the deep autumn and approaching winter weather conditions, this road will remain impassable, causing serious problems for the people.

The closure of the Kapan-Jakaten road due to Azerbaijani illegal actions has severely limited the freedom of movement for especially the civilian population of these villages while complicating daily life organization for them, with food supply issues being the most critical. During the visit of the Human Rights Defender's representatives, various residents, including children, reported that there is a food shop in Tsav supplying goods primarily from Kapan. In other settlements, residents can only purchase non-perishable food items and previously carried out main purchases twice a week in Kapan. The closure of the Kapan-Jakaten road has introduced additional difficulties concerning this matter as well. In this case, community leaders periodically attempt to traverse alternative routes to procure necessary supplies and goods for residents, which takes approximately 2 hours, depending on weather conditions.

In another instance, due to the impassability of the alternative route, it was impossible to transfer a deceased person from Kapan to Jakaten at the scheduled time, resulting in a significantly delayed funeral.

The aforementioned facts, along with the statements made by the Defender on November 11, 2021, regarding the Azerbaijani so-called border and customs controls on the Goris-Kapan road, further confirm that the normal life, peace, and security of people are entirely disrupted, along with violations of their physical and mental integrity and vital rights such as freedom of movement.

It should be noted that Azerbaijani masked and armed servicemen continue to operate on the road, which in itself violates people’s rights to life and poses a real threat to their safety. These rights are internationally recognized and guaranteed by the Constitution of the Republic of Armenia.

The Human Rights Defender’s office has noted that the personnel of the Armed Forces and border troops of the National Security Service of Armenia are selflessly performing their duties to ensure the safety and support of the people. Local authorities are also implementing support programs, residents have noted as well. However, the issue is fundamentally different. The facts clearly establish that the consolidation of Azerbaijani armed or other personnel is criminal in nature, which will exacerbate human rights violations and pose even greater problems for the civilian population of Armenia.

It is evident that the deployment of Azerbaijani armed servicemen and any actions by them are illegal (lacking legal grounds) and constitute criminal acts. Their deployments have occurred under the open threat of war, and the rule of law along with the safeguarding of human rights is a fundamental international requirement in such circumstances. Therefore, Azerbaijani armed servicemen or any other personnel must not be present in close proximity to Armenian villages and along the roads between communities. This is imperative for restoring the violated rights of people and ensuring their normal lives.