Statement on "The aggression of Azerbaijan against Artsakh and Armenia with the direct involvement of Turkey and foreign terrorist fighters" as delivered by Ambassador Armen Papikyan at the 1323rd meeting of the Permanent Council

08 July, 2021

Madame Chairperson,

As we have already noted at previous meetings of the Permanent Council, the trilateral ceasefire statement signed by the leaders of the Russian Federation, Armenia and Azerbaijan on 9 November 2020, put an end to the fighting and the war of aggression unleashed by Azerbaijan against Artsakh with the direct and active involvement of Turkey and Turkish-backed foreign terrorist fighters.

But after almost eight month of cease-fire, the situation in and around Artsakh (Nagorno-Karabakh) remains volatile.

The fundamental issues of the conflict resolution such as the comprehensive political settlement of the Nagorno-Karabakh conflict through the final determination of the legal status of Artsakh on the basis of the right to self-determination of its people, return of the internally displaced persons and refugees to Hadrut, Shushi and other areas of Artsakh, which are currently under the occupation of Azerbaijan, protection of Armenian cultural and religious heritage and many other important issues still remain unresolved.

It is the grim reality around us that Azerbaijan undertakes new provocative actions on a daily basis, such as, to name but a few, the incursion and continued illegal presence of Azerbaijani armed forces on the sovereign territory of Armenia since May 12 this year, the killing and abduction of Armenian servicemen on our territory, intimidation and attacks on residents of the border villages, including on a 13 year old minor, mock and staged trials of Armenian prisoners of war in Baku, and their sentencing to various, including extremely lengthy, prison terms as well as rejection to provide any information on the whereabouts of many more Armenian detainees, and continuous destruction of Armenian cultural and religious heritage.

Madame Chairperson,

The Armenian delegation consistently raised the issue of Armenian prisoners of war and other captives, including civilians. In this context we would like to recall that the European Court of Human Rights adopted 201 interim measures with regard to the combatants and civilians of Armenian origin detained by Azerbaijan. It is indicative that Azerbaijan refused to admit the detention of most of them, while acknowledging the presence of only 72 Armenians in its custody.

Furthermore, Azerbaijan failed to adequately and meaningfully cooperate with the European Court thus prompting the Court to notify on 16 March 2021 the Committee of Ministers of the Council of Europe of the interim measures it adopted in relation to Armenian prisoners of war and civilian captives and of Azerbaijani Government’s failure to submit within the set time-limits relevant information on the Armenian captives.

Unfortunately, Azerbaijan continues to conceal the true number of the prisoners and denies that it detained dozens of captives whose whereabouts have been documented by video footage or testimonies of the repatriated PoWs.

Emboldened by the lack of robust international pressure, Azerbaijan instead launched proceedings against 58 detainees, in violation of provisions and norms of the International Humanitarian Law, which specifically requires to set all PoWs free after the cessation of hostilities.

Furthermore, it failed to provide prior notification about judicial proceedings, to specify the charges, as well as to extend appropriate legal assistance to the detainees. None of them is represented by a lawyer of their choice in a country where independence of courts is basically non-existent. The judge, who presides over the trials, is notorious for the politically-motivated sentences imposed upon several Azerbaijani Human Rights Defenders.

Azerbaijan in this regards violated not only the norms of the IHL but also the provisions of the trilateral statement, the article 8 of which clearly and unequivocally stipulates that all prisoners of war and other detainees should be immediately released. Armenia fully complied with its commitment and returned to Azerbaijan all the prisoners of war in its custody.

At the recent session of the Parliamentary Assembly of Council of Europe, the Committee on Legal Affairs and Human Rights expressed a particular disappointment that Azerbaijani authorities failed to cooperate with the European Court of Human Rights.

In May the Freedom House expressed deep concern on dehumanizing treatment and abuse, including torture, of around 200 Armenian PoWs and detainees, urging Azerbaijan to fully cooperate with the European Court of Human Rights and ensure all protections required under International Humanitarian Law.

Madame Chairperson,

The Azerbaijani side recently launched a new campaign aimed to harass and intimidate the people of Artsakh with the sole purpose of creating conditions of permanent insecurity and an atmosphere of fear. The war of 1991-94 and the recent 44-day war of aggression have clearly demonstrated that the goals and objectives of the Azerbaijani leadership to ethnically cleanse and complete the expulsion of the Armenians of Artsakh from their homeland remained unchanged. Therefore, it is not surprising that in order to achieve this goal, Azerbaijan has been persistently targeting the Armenian cultural and religious heritage of Artsakh, including through physical destruction and annihilation as well as appropriation and misrepresentation of their Armenian identity.

In parallel, Azerbaijan in effect obstructs the possibility of international organisations accessing Artsakh to evaluate the humanitarian and other needs of the people. Furthermore, Azerbaijani authorities attempt to pressure the OSCE as well, which is the only UNSC mandated body through its Minsk Group Co-Chairmanship format to deal with the comprehensive resolution of the Nagorno- Karabakh conflict.

Despite the clear position expressed by the Co-Chairs in their statements following the end of the Second Karabakh War that the comprehensive settlement of the conflict should address the remaining fundamental issue of the legal status of Artsakh, Azerbaijani leadership claims that the conflict has been resolved. The objective of this policy is obvious - by denying the existence of the Nagorno- Karabakh conflict, the Azerbaijani authorities also deny the need to take into consideration the right of the people of Artsakh to self-determination.

We regret to see that some of our partners do not seem to be quite aware of this, since some of them, through their silence and indifference, wittingly or unwittingly, would be seen as approving of this narrative of Azerbaijan. The question is whether our partners realize fully the gravity of possible implications and consequences of this policy of appeasement.

Madame 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 lasting and sustainable peace in the region. Durable and sustainable peace can be achieved only through a comprehensive settlement of the Nagorno-Karabakh conflict, which must include the determination of the status of Artsakh on the basis of the realization by the people of Artsakh of their inalienable right of to self-determination; ensuring the safe and dignified return of the recently displaced population to their homes; and preservation the cultural and religious heritage of the region.

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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