The trials of Armenians in Baku do not correspond to the moment of fair trial

The International Commission of Jurists published a report on the problems of the justice system in Azerbaijan: “Justice under pressure. independence of lawyers and the right to a fair trial in Azerbaijan”.

Discussing the many problems and violations existing in Azerbaijan’s justice system, the report analyzed in detail the trials of Armenians tried in Baku in the light of international standards. “The trials against the former officials of Nagorno-Karabakh represent these concerns in their most acute manifestation,” the report states.

It is clearly recorded that these trials do not meet the standards of international human rights law.

“According to publicly available sources, the trials of Armenians were accompanied by practices that violate the fundamental guarantees of a fair trial. They were held in a military court without any justification as to why military jurisdiction should be applied to civilians.

The accused were deprived of the effective assistance of their chosen lawyer. State-appointed attorneys did not respond to the evidence of ill-treatment they personally witnessed. The case materials were either not provided or were provided in a language that the accused did not understand. Defense motions were systematically denied without justification and were not included in the trial records. Translation was inadequate or non-existent, and public access, including to accredited diplomatic representatives, was denied.

These systemic flaws show how executive influence, prosecutorial oversight, and limitations on the independence of lawyers can combine to result in trials that do not meet international human rights standards and human rights standards of fair trial, equality of arms, and public scrutiny. As analyzed in this report, these lawsuits are not isolated deviations from established practice, but reflect broader systemic problems,” the report emphasizes.

Additionally, it is also noted that the trials were mostly held behind closed doors, only the presence of state media was allowed. international observers, foreign media and family members of the accused were prohibited from attending court sessions;

“In the absence of transparency, most of the available information refers to the separate trial of Ruben Vardanyan. Vardanyan took public office in Nagorno-Karabakh only in late 2022, but the prosecutor’s office charged him starting in 1988, despite the fact that he was a student at Moscow State University at the time. Prosecuting Vardanyan for alleged actions in 1988, more than three decades later and only after he assumed public office, raises fundamental concerns from the perspective of the principle of legality. During that period, Vardanyan did not hold any political position and could not have predicted that the alleged actions of those years could later become the basis for criminal charges after starting political activity.”

The report presented a number of recommendations to the executive authorities, prosecutor’s office, judicial authorities and the parliament of Azerbaijan. The judicial authorities are urged to “Ensure that any appeal in the cases of former officials of Nagorno Karabakh is examined by a civil court of general jurisdiction.” Ensure the provision of case materials to the defense in a language understandable to the accused and ensure sufficient time and opportunities for the preparation of the defense at all stages of the proceedings, including during the appeal.

The report also calls for the Council of Europe to be granted access to consider possible appeal hearings.

Ruben Vardanyan, Armenian prisoners in Baku, International Commission of Jurists, justice under pressure, Artsakh, Nagorno Karabakh, mock trial

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