Human Rights Watch
Investigate and Hold Those Responsible to Account
Dec. 16, 2020
[Photo: Ghazanchetsots Cathedral, built in the 19th century and an
important building for the Armenian Aposotlic Church, after it was
struck twice in the afternoon on October 8. Damage to the roof south
of the main dome can be seen as well as debris on the church grounds.]
Azerbaijani forces attacked a church in the city of Shushi on October
8, 2020 during the Nagorno-Karabakh hostilities, in what appears to be
a deliberate targeting in violation of the laws of war, Human Rights
Watch said today.
Two separate attacks, hours apart, on the Ghazanchetsots Cathedral on
October 8 in the town of Shushi, also known as Shusha, suggest that
the church, a civilian object with cultural significance, was an
intentional target despite the absence of evidence that it was used
for military purposes. Weapon remnants Human Rights Watch collected at
the site corroborate the use of guided munitions. President Ilham
Aliyev said that the church could have been targeted only by mistake
and was “not among military targets.” The attacks took place while
Armenian forces still controlled the city. Azerbaijani forces regained
control of the city on November 8, having lost it in hostilities in
1992.
“The two strikes on the church, the second one while journalists and
other civilians had gathered at the site, appear to be deliberate,”
said Hugh Williamson, Europe and Central Asia director at Human Rights
Watch. “These attacks should be impartially investigated and those
responsible held to account.”
On September 27, Azerbaijan began air and ground attacks across
Nagorno-Karabakh, an escalation in the conflict between Azerbaijan and
Armenia and the local authorities in Nagorno-Karabakh. Fighting
continued until November 10, when Armenia, Azerbaijan, and Russia
concluded an agreement to end the hostilities.
Shushi is approximately 10 kilometers from Nagorno-Karabakh’s largest
city, Stepanakert. Several attacks on Shushi were reported in the
first days of fighting. By early October, many of its residents had
fled, though some civilians remained, including men, women, and
children.
The Cathedral, constructed in the 19th century and an important
building for the Armenian church, was attacked twice in the afternoon
on October 8. No one was injured or killed in the first strike as the
civilians in the church at the time were sheltering in its basement,
but three journalists for Russian outlets were injured in the second
strike. Reports of the first attack were posted on social media
channels beginning around 12:30 p.m.
Human Rights Watch spoke to four civilians who were at the church or
in its immediate vicinity during one or both attacks, including two
injured in the second attack.
Human Rights Watch visited the church on October 13 and spoke to two
witnesses. Nune Shahramanyan, 46, who lives across the street, said
that she and her children and some neighbors had been sheltering in
the church basement since September 27.
“I had just gone to buy bread for my family … [who] were in the
[church] basement,” she said. “And when I heard that sound [of the
explosion] I saw … the debris and [heard] sirens starting. And I saw
[three] planes. Then I ran back….I saw that my children were safe and
I was relieved…. There was so much debris and stones falling.”
She said that seven or eight people were in the church basement at the
time of the attack, all civilians. She said she did not see anyone
else outside the church at that time.
Vova Zakaryan, 71, said he had just entered the basement just before
it was struck: “I just hugged the… children and told them that they
don't need to panic.” Zakaryan said that people had been coming to
pray and light candles in the church since September 27, but that only
he, the children, and some neighbors were in the basement during the
first attack. Zakaryan said no one had been guarding the church since
the beginning of the hostilities.
Shortly after the first attack, journalists began arriving at the
church grounds. Numerous photos and videos of the damaged exterior and
interior were posted online.
Damage to the ceiling of Ghazanchetsots Cathedral
[Photo: Damage to the ceiling of Ghazanchetsots Cathedral south of the
main dome following the first strike in the afternoon of October 8.]
The damage included a hole approximately one-meter wide in the church
ceiling, just south of the main dome. Debris from the blast could also
be observed on the church grounds. In photos circulated at that time
on social media, remnants from a weapon can be seen, consistent with a
munition capable of being accurately directed at a specific target,
including components that support the movement of other pieces, such
as fins or wings, consistent with a device that has a terminal
guidance system.
Yuri Kotenok, a journalist who arrived in the afternoon, said he
didn’t see any military equipment or personnel.
Around 5 p.m., the church was attacked again. Kotenok, Levon, Arzanov,
and Vahram – who asked that his real name not be used –, all
journalists, were inside during the strike.
Vahram said that no one else was in the church at the time and that
they were headed toward the exit when the strike hit:
“At that moment there was a blast, a powerful one, we all were
scattered... [T]here was total darkness… then the dust started to
settle. I was near Yuri. We tried to take him from underneath the
rubble; I could not. I got out to the street…[M]y hand was torn, and I
had injuries on my back and on my head.”
Damage to the southern portion of Ghazanchetsots Cathedral roof
[Photo: Damage to the southern portion of Ghazanchetsots Cathedral
roof following both strikes on October 8. The fragmentation pattern on
the walls of the church below the roof, which appear only after the
second attack, suggests the weapon used likely was equipped with a
time-delayed fuze.]
Kotenok also described the moment of the attack: “I heard an awful
crack and then it was hell and my friend was knocked down and flew.
There was shouting and blood and he was trying to ask if I'm alive and
I was trying to articulate that I was, but I was under stones and
wood.”
Kotenok said he was carried out of the church and transported to the
hospital in Stepanakert for surgery, then airlifted to Yerevan.
Damage to the southern portion of Ghazanchetsots Cathedral roof
[Photo: Damage to the southern portion of Ghazanchetsots Cathedral
roof and debris on the church floor following two attacks on October
8. The fragmentation pattern on the walls of the church below the
roof, which only appear after the second strike, suggests the weapon
used likely was equipped with a delayed fuze.]
In addition to injuries from fragments to his head, neck, abdomen,
arms, and left foot, Kotenok said he had lung damage and a concussion.
Seven days after the attack, he said he had bad headaches and hearing
difficulties.
In addition to Vahram and Kotenok, Levon was also injured and treated
in a hospital in Shushi.
A Human Rights Watch researcher examined the damage to the church and
collected remnants from munitions. Human Rights Watch was not able to
identify the munitions used in each attack but found remnants
consistent with munitions capable of being accurately directed at a
specific target and making corrections to its flightpath after
release. Some of the remnants Human Rights Watch found and documented
matched those circulated on social media following the first attack.
However, photos of other remnants do not appear to have been posted
elsewhere. No remnants found match any publicly documented
air-to-ground weapons.
The Azerbaijani government has denied intentionally striking the
church, instead asserting without evidence that the church was
attacked by Armenian forces as a “provocation” or that it may have
been mistakenly struck by Azerbaijani artillery.
However, multiple factors indicate that both attacks were directed at
the church. The remnants found indicate that the weapons used were
capable of being directed at a specific target. The two strikes struck
the same part of the church roof, with no more than two meters
difference between the point of impact. This substantially reduces the
possibility that less precise weapons were used, given their inability
to achieve such a high degree of accuracy over two strikes.
Additionally, Human Rights Watch is not aware of any additional
reports of strikes in Shushi around the church at the time of these
attacks, suggesting that each attack was a single strike.
International humanitarian law, also known as the laws of war,
requires warring parties to distinguish between civilian objects and
military objectives at all times. Attacks directed at civilian objects
that are not used to commit hostile acts or are otherwise not military
objectives are prohibited and may constitute a war crime. Warring
parties are also required to respect cultural property and special
care must be taken to avoid damage to buildings dedicated to religion
and historic monuments. They must not be attacked unless imperatively
required by military necessity.
Serious violations of the laws of war committed with criminal intent –
deliberately or recklessly – are war crimes. Governments have a duty
to investigate allegations of war crimes by members of their armed
forces or forces on their territory and to fairly prosecute those
found responsible.
On October 15, President Aliyev said that Azerbaijan would need to
investigate the attack. On November 9, BBC published an interview with
Aliyev, who said in response to a question about the result of the
investigation: “In order to investigate it, we have to be there to
investigate.”
“It has been over a month since Azerbaijan has retaken control of
Shushi and the government needs to waste no time in investigating the
attacks and holding those responsible to account,” Williamson said.
“Attacks such as these serve no military purpose and all parties
should ensure these kinds of attacks are punished and otherwise
prevented.”