Statement in response to the statement by the delegation of Spain on behalf of the European Union as delivered by the Delegation of Armenia at the 1438th meeting of the OSCE Permanent Council

11 September, 2023

Mr. Chairman,

The Delegation of Armenia thanks the delegation of Spain on behalf of the European Union for raising the current issue “On the International Day of the Victims of enforced disappearances”.

13 years ago, in 2010, the UN General Assembly, Resolution 65/209, proclaimed August 30 as the Day of Victims of Enforced Disappearances which today stands as a sober reminder of the horrific violations of human rights caused by enforced and involuntary disappearances.

Enforced or involuntary disappearance of persons is a violation of fundamental human rights by its nature, since it infringes on an entire range of human rights, including but not limited to the right to life - established by the Universal Declaration of Human Rights, International Convention for the Protection of all Persons from Enforced Disappearance, as well as set out in International Covenants on Human Rights and other major international human rights instruments. International law defines enforced disappearance in certain circumstances as a crime against humanity.

Emphasising the importance of the struggle against enforced disappearances, Armenia has signed and ratified the International Convention for the Protection of All Persons from Enforced Disappearance. The Convention, as well as other fundamental international documents on human rights, reaffirm the right of every person to be free from enforced disappearance and to receive immediate, just and adequate compensation.

The issue of enforced disappearances is one of the most severe and lasting problems both during and after conflicts. As you may know in Armenia many families are still waiting for the missing persons and remain hopeful about the return of their loved ones.

As a result of the Azerbaijani aggression in 2020, new cases have been added to the hundreds of cases of missing persons and enforced disappearances of the 90s of the previous century.

Almost three years after the signing of the ceasefire statement on November 9, 2020, Azerbaijan continues to hold Armenian prisoners of war, including civilians, while the fate of hundreds of missing persons and dozen cases of enforced disappearances resulting from the First Nagorno-Karabakh War and the 44-Day War remain unclarified.

The lack of cooperative approach of Azerbaijani authorities makes it impossible to accurately estimate the number of missing persons, to acquire reliable information regarding the fate or whereabouts of those who disappeared, and whether they are still alive.

Azerbaijan continues to disregard the decisions of the European Court of Human Rights on the implementation of interim measures to provide information on Armenian hostages in Azerbaijan, as well as provisional measures put forward by the International Court of Justice on December 7, 2021, which instruct Azerbaijan to cease racist and discriminatory policies against Armenians.

In conclusion we call upon OSCE and its participating States to stand up for the rights of the disappeared persons today and every day, and take measures to ensure justice and combat impunity for this crime.

Thank you.

MFA RA
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