Another Manifestation of Azerbaijan's Hatred Towards Armenians: Human Rights Defender on Vardanyan's Abduction

The statement from the Human Rights Defender regarding the abduction of former Prime Minister of Artsakh, Ruben Vardanyan:

On September 27, 2023, Ruben Vardanyan was detained by the Azerbaijani border service. He has been charged under Azerbaijan's criminal code with financing terrorism, participating in the creation and activities of unauthorized armed formations or groups, and illegally crossing the state border of Azerbaijan.

The Human Rights Defender notes that the interference with the fundamental rights of both Ruben Vardanyan and other ethnic Armenians deprived of their freedom by Azerbaijan occurs in violation of international legal guarantees and standards. In particular, the State Security Service of Azerbaijan has meticulously filmed the process of Ruben Vardanyan's detention. Subsequently, several Azerbaijani media outlets circulated videos and photos depicting the detention process, clearly showing how several Azerbaijani operatives apprehended and transported Ruben Vardanyan. In another image, two Azerbaijani officers are seen holding Ruben Vardanyan’s arms, with a masked armed officer standing behind them.

In one more video, Azerbaijani security personnel transport Ruben Vardanyan with his hands twisted behind his back and handcuffed, with his head lowered, recording the entire process. This video has been widely disseminated in the Azerbaijani media, accompanied by insults containing hatred and animosity directed at Vardanyan, calls to kill Armenians, and deep-seated hatred towards Armenians.

It is evident that targeting Ruben Vardanyan and exhibiting such treatment is, among other things, a further manifestation of Azerbaijan's anti-Armenian and ethnically motivated hatred policy. In this context, it is noteworthy that even before the deprivation of Ruben Vardanyan's freedom, the President of Azerbaijan, officials, members of society, including public figures, and the media were already labeling him as a “criminal” in their statements.

The Human Rights Defender emphasizes that under conditions of ethnic hate propaganda and violation of the presumption of innocence, Ruben Vardanyan's fundamental rights cannot be guaranteed, and a proper investigation of the case cannot be ensured by a fair and impartial court.

It should be emphasized that the right to a fair trial is enshrined in numerous international legal documents, including the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the European Convention on Human Rights. In the context of the right to a fair trial, the preservation of the principle of the presumption of innocence is considered by the European Court of Human Rights in several contexts, including the necessity of this principle being maintained by state authorities and the media.

The European Court has noted that broadcasting footage of suspects by the media poses risks of violating the right to a fair trial. Concerning arbitrary deprivation of liberty, the European Court has affirmed that the notion of “arbitrariness” is not merely confined to the satisfaction of national legal requirements. In any event, deprivation of liberty can only be legal if it complies with the provisions of the European Convention on Human Rights.

Taking the above into account and considering Azerbaijan's deeply rooted anti-Armenian policy, the Human Rights Defender of the Republic of Armenia emphasizes that the interference with the fundamental rights of Ruben Vardanyan and others has occurred and is ongoing in violation of international legal standards, given that the universally recognized international legal guarantees and standards prevalent in the civilized world are not being upheld.

The Defender continues to receive reports of violations of the rights to freedom and personal integrity of individuals during their movement from Nagorno-Karabakh to Armenia through the Lachin corridor and emphasizes that all observations regarding legal guarantees also pertain to other cases.

The aforementioned underscores the concern that in such conditions, no legal process against ethnic Armenians in Azerbaijan can be carried out in compliance with international legal standards concerning fundamental human rights.

The implementation of effective measures directed at the proper guarantee of the fundamental rights of these individuals and the adherence to legal proceedings is of utmost necessity, along with a prompt and adequate response from competent authorities and actors with human rights mandates.