The Legitimacy of Detention for 4 Soldiers Returned from Azerbaijani Captivity is Unconvincing: Ombudsman

The Human Rights Defender of Armenia, Arman Tatoyan, has issued a statement asserting that "the legitimacy of the detentions of four soldiers returned from Azerbaijani captivity is unconvincing (detailed justifications)." This specifically concerns Armenian servicemen who were captured by the Azerbaijani armed forces following military attacks on November 14 and 16, 2021, and who have been deprived of their freedom upon returning to Armenia.

This statement is based on individual interviews conducted by the Human Rights Defender's staff with the aforementioned servicemen at the 'Nubarashen' and 'Armavir' penitentiaries on December 14, as well as the examination and comparison of documents, taking into account the circumstances of their captivity and the domestic and international legal frameworks for protecting the rights of hostages.

The conclusions rest on several key points:

1. The study of the acts attributed to the specified servicemen and the circumstances of their capture, which will be formally presented to the criminal prosecution authorities.
2. The public statements made by various senior representatives of Armenia's executive and legislative branches, which assert the existence of criminal elements in the actions of the detained servicemen. These statements violate human rights and are not supported by law; they were made before the servicemen were returned from Azerbaijani captivity and reflected a prejudicial attitude. Furthermore, they have received extensive coverage in Armenian and international media.
3. Such public statements infringe upon the presumption of innocence rights of the Armenian servicemen, fundamental to a fair trial, creating unwarranted influence on the criminal prosecution process and raising concerns about undue influence over investigative bodies.
4. There is substantial evidence that Azerbaijani military personnel, law enforcement agencies, and others have committed various offenses against Armenian captives. In addition, Azerbaijani authorities have deliberately delayed the repatriation of captives, inflicting psychological suffering on their families by violating international regulations regarding the rights of captives.
5. The Human Rights Defender will request clarification on what actions the Armenian criminal prosecution authorities have taken to address violations of the rights of servicemen, identify and hold accountable those responsible for these offenses.
6. It also needs clarification regarding the basis on which the prosecution is requesting detention for the returned servicemen and why these requests followed immediately after the high-ranking officials’ statements.
7. In light of the current situation, the efforts taken by the prosecution regarding the rehabilitation of the returned and detained servicemen must also be clarified.

The Human Rights Defender’s staff has also conducted individual interviews with servicemen detained in relation to the events of November 14 and 16 but who were not captured. A letter will also be sent to the prosecution authorities concerning their rights.

It is explicitly noted that the initiation or non-initiation of criminal cases or prosecutions regarding these matters does not cast doubt on the legality of the detention of the four returned soldiers.