Statement On "The aggression of Azerbaijan against Artsakh and Armenia with the direct involvement of Turkey and foreign terrorist fighters" as delivered by the Delegation of Armenia at the 1306th meeting of the Permanent Council

18 March, 2021

Madam Chairperson,

After the 44-day war unleashed by Azerbaijan against Artsakh, with the direct involvement of Turkey and Turkish‑backed foreign terrorist fighters, the visit by the OSCE Chairperson‑in‑Office, Sweden’s Minister for Foreign Affairs Ann Linde, to the region was a long‑awaited signal from the Organization that the Nagorno‑Karabakh conflict continues to be a priority for the OSCE. It is worth recalling that a previously scheduled visit, which had been due to take place back in September 2020, was cancelled owing to the outbreak of the war. We hope that this recent visit provided the Chairperson‑in‑Office with a wide‑ranging opportunity to receive first‑hand information about the results of the aggression of Azerbaijan and its affiliates, and also about the challenging humanitarian situation on the ground.

Madam Chairperson,

The visit by the Chairperson‑in‑Office was also a good opportunity for Azerbaijan to demonstrate the sincerity of its declared aspirations for peace and reconciliation, which the authorities of that country and its delegation here at the OSCE have been talking about much lately. At this stage the only convincing and practical step in that direction would be the release of all the Armenian prisoners of war and civilian hostages still being held in Azerbaijan. Regrettably, but by no means surprisingly, it has proved to be yet another missed opportunity for Azerbaijan. Instead of rising to the occasion, the Azerbaijani Foreign Minister chose to repeat various ill‑founded allegations in an attempt to disguise Azerbaijan’s blatant violations of international humanitarian law and in defiance of their own signature. With his statement, the Azerbaijani Foreign Minister contradicted his own country’s competent authorities, which have confirmed the presence in Azerbaijan of dozens of Armenian prisoners of war captured both during the hostilities and after the ceasefire was established.

Meanwhile, Azerbaijan is withholding information about Armenian prisoners of war from the European Court of Human Rights, which is dealing with this issue in the framework of the inter‑State case of Armenia v. Azerbaijan. The Court recently decided to notify the Committee of Ministers of the Council of Europe, in particular as regards Azerbaijan’s failure to comply with the time limits set by the Court for the submission of information, or its provision of fairly general information of limited value otherwise. Interim measures are currently active in relation to 188 Armenians captured by Azerbaijan. It should be stressed that non-implementation of interim measures amounts to a violation of the European Convention on Human Rights. Let me also add that paragraph 8 of the trilateral statement signed on 9 November 2020 refers to all prisoners of war, captured civilians (hostages) and other detained persons. With declarations such as those of the Azerbaijani Foreign Minister a few days ago, the Azerbaijani side shows that it is deliberately not implementing the trilateral statement.

Needless to say, the continued detention of Armenian prisoners of war undermines the implementation of the agreements contained in the trilateral statement.

In addition, we are concerned about the statement disseminated by the Press Service Department of the Ministry of Foreign Affairs of Azerbaijan claiming that there are no women of Armenian origin in Azerbaijani custody. This assertion is highly questionable and troubling, since, according to our information, Armenian women are still being detained in Azerbaijan, including the 76-year-old Elsa Sargsyan and the mother and daughter Varya and Anahit Tunyan, all of whom are residents of the Hadrut region of Artsakh.

Madam Chairperson,

It should be recalled that more than a month into the ceasefire, Azerbaijan attacked Armenian positions near Hin Tagher and Khtsaberd, two villages in the Hadrut region that were under Armenian control. On 11 December 2020, the Azerbaijani armed forces launched an attack in the direction of these two villages in an attempt to wipe out their ethnic Armenian inhabitants so that the entire Hadrut region would come under de facto Azerbaijani control.

As a result of this unprovoked aggression, Azerbaijan captured 64 Armenian military personnel in violation of its commitment to a ceasefire under the trilateral statement signed on 9 November 2020. In an attempt to justify its actions in Hadrut, Azerbaijan is now trying to shift the blame onto Armenia by invoking a groundless narrative about a fictitious “anti‑terrorist operation” against a “sabotage group” allegedly deployed by Armenia and by portraying the Armenian prisoners of war as “terrorists”.

Madam Chairperson,

Human Rights Watch has documented several cases in which Azerbaijani forces used violence against civilians, subjected them to torture, inhuman and degrading conditions of detention, ill‑treatment and even to extrajudicial executions of protected persons. All of these cases clearly constitute war crimes under international humanitarian law. Human Rights Watch has called on the Azerbaijani authorities to investigate, without further delay, the credible allegations regarding the unlawful detention of civilians and their inhuman and degrading treatment, and the possible instances of extrajudicial execution of detainees, with a view to holding all the perpetrators to account. In issuing this appeal, Human Rights Watch has presented not just statistics, but the real stories of real people.

Let me also draw the Permanent Council’s attention to the fact that Human Rights Watch recently highlighted, on the basis of its own research, the unlawful attacks by Azerbaijani armed forces on medical facilities and personnel in Artsakh. Combined with the ad hoc report “On Azerbaijan’s crimes against humanity in the context of human-made disaster during COVID‑19” released by the Human Rights Defender of the Republic of Armenia and distributed to OSCE participating States by the delegation of Armenia (under reference number SEC.DEL/102/21), this serves as further evidence of the criminal nature of Azerbaijan’s actions during the war that it unleashed at the end of September, and which was accompanied by the use of prohibited weapons against civilians and civilian infrastructure, including the use of explosive weapons in populated areas, and by the forced displacement of the population, thereby exacerbating the pandemic situation. The report addresses the State policy of Azerbaijan in the context of the human-made disaster during the pandemic, which was aimed at accelerating the rapid spread of the deadly virus. Moreover, it reveals specific cases of deaths caused by the virus, further confirming that the Azerbaijani authorities have committed crimes against humanity.

Dear colleagues,

The barbaric destruction of the Armenian cultural heritage in the occupied territories of Artsakh attests to the fact that these are not isolated cases, but rather a pattern of behaviour dictated by specific instructions from above. As may be seen from satellite images of the area, the St. John the Baptist Church in Shushi, commonly known as Kanach Zham (Green Chapel), has been razed to the ground by the Azerbaijani forces and is now lying in ruins. In video footage of yesterday’s visit by the President of Azerbaijan to the occupied regions of Artsakh it could be seen how all the crosses had been removed from the Armenian churches. Moreover, according to media reports, President Aliyev personally gave additional instructions for the complete removal of all Armenian inscriptions on objects belonging to the Armenian cultural heritage, claiming that they were “fake”. He ordered that the so‑called original “Albanian” inscriptions be reinstated. It is no coincidence that Azerbaijan is blocking and unduly delaying access to the region by the fact-finding mission from the United Nations Educational, Scientific and Cultural Organization (UNESCO). The sole purpose of these manoeuvres is to create a fait accompli, as was the case with the cross-stones in the historical settlement of Jugha.

The staged visits by the President of Azerbaijan to the occupied territories of Artsakh and his anti‑Armenian discourse, laden with extremely derogatory language, leave no doubt as to Azerbaijan’s real intentions and clearly demonstrate that it does not seek a peaceful settlement of the conflict, let alone peaceful co‑existence.

Madam Chairperson,

Two extremely dangerous precedents have been set as a result of Azerbaijan’s aggression against Artsakh and its people: the attempt, on the one hand, to resolve a conflict by the use of force and mass atrocities, and on the other, the importing by OSCE participating States of foreign terrorist fighters and jihadists from other regions into the OSCE area of responsibility. Both of these should be a matter of serious concern for the relevant OSCE structures.

Regrettably, this is not what we are seeing. Moreover, in an attempt to legitimize the results of its aggression and use of force against the people of Artsakh, which were accompanied by numerous war crimes and gross violations of international humanitarian law, Azerbaijan seeks to involve the OSCE structures and certain participating States in the so‑called “rehabilitation process”. The OSCE’s assistance mechanisms must not be misused by Azerbaijan to share with the OSCE the heavy burden of its war crimes and deliberate violations of international humanitarian law. Any action to that effect would run contrary to the OSCE principles and the participating States’ commitments. The OSCE should refrain from any activity that might be perceived as endorsement of Azerbaijan’s illegal use of force against Artsakh.

Madam Chairperson,

The current situation in Nagorno‑Karabakh is the result of a flagrant violation by Azerbaijan of several core principles of the Helsinki Final Act, namely, refraining from the threat or use of force, peaceful settlement of disputes, equal rights and self‑determination of peoples, and respect for human rights and fundamental freedoms. There should be no illusion that the results of the use of force, accompanied by war crimes and violations of international humanitarian law, can ever become the basis for a lasting and sustainable peace in the region. Durable and sustainable peace can only be achieved through a comprehensive settlement of the Nagorno‑Karabakh conflict, which must include defining the status of Artsakh based on the realization of the inalienable right of the people of Artsakh to self‑determination; ensuring the safe and dignified return of the recently displaced population to their homes; and preservation the region’s cultural and religious heritage.

Madam Chairperson,

I kindly ask you to attach this statement to the journal of today’s meeting.

Thank you.

MFA RA
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