Thorny path towards peace and reconciliation in Karabakh

Modern Diplomacy
Jan 20 2021

By Gulshan Pashayeva

On January 11 the leaders of Russia, Azerbaijan and Armenia signed a deal to develop cross-border transportation routes and boost economic growth to benefit the South Caucasus and the Wider Region. This meeting took place two months after the Moscow-brokered armistice between Armenia and Azerbaijan ended a 44-day war over Nagorno-Karabakh.

This ethno-territorial conflict over Nagorno-Karabakh has drawn dividing lines between Armenia and Azerbaijan for almost 30 years. Some estimates put the number of deaths on both sides at 30,000 after the First Karabakh war before a ceasefire was reached in May 1994. As a result of this war, one fifth of the internationally recognized territory of Azerbaijan was occupied and the entire Azerbaijani population of the former Nagorno-Karabakh Autonomous Oblast (NKAO) and seven adjacent districts (Lachin, Kalbajar, Agdam, Fizuly, Jabrail, Gubatli and Zangilan) was forcibly expelled by the Armenian armed forces. Incidentally, due to sporadic frontline skirmishes and clashes, both military personnel and civilians have been killed along the Line of Contact, devoid of any peacekeeping force, since 1994.

Over the years, Armenia and the separatist regime that emerged in the occupied Azerbaijani territories refused any final status short of independence for Nagorno-Karabakh and tried to preserve this status quo and achieve international security guarantees on the non-resumption of hostilities while avoiding the withdrawal of its armed forces from the occupied territories and preventing the safe return of expelled Azerbaijani inhabitants to their permanent places of residence. However, such a policy, in its turn, polarized the region and reduced to naught any meaningful regional cooperation between the three South Caucasus states.

The Second Karabakh war, which took place from September 27 to November 9, 2020, and the subsequent Russia-brokered peace deal on November 10, significantly changed the facts on the ground and created a new political reality that replaced the “no war, no peace” situation that had been hanging over the region for almost 30 years. As a result of this war, more than 6,000 soldiers died on both sides in fighting.

This war came to an end because of a clear victory for Azerbaijan, which has restored its territorial integrity and sovereignty. Owing to the humiliating defeat of Armenia,the myth of the invincibility of the Armenian armed forces has been shattered and the Prime Minister of this country has been under continuous pressure from the opposition to step down.

Thus, after the Second Karabakh war, the pendulum has swung from devastating war towards actual peace. The question, is, however, whether the conflicting parties will be able to achieve lasting peace in the coming years: How can a relationship that has been completely destroyed owing to this protracted armed conflict and previous wars be restored?

The fate of all inhabitants of both the highlands and lowlands of Karabakh, irrespective of their ethnic origin, is crucial in this context. Security arrangements for the Armenian minority residing in this area are currently organized through the deployment of 1,960 Russian peacekeepers for at least five years to monitor the implementation of the trilateral statement signed by the heads of state of Azerbaijan, Armenia, and the Russian Federation on November 10 (hereafter, the trilateral statement). At the same time, the return of the former Azerbaijani inhabitants to their permanent places of residence previously occupied by the Armenian armed forces is envisaged by the trilateral statement and the UNHCR has been assigned to oversee this task.

It is paramount that Azerbaijan has to demonstrate a policy of “strategic patience” in the coming years to entice the Armenians of Karabakh region into closer incorporation through attractive political, economic, social, and other development.

On the other hand, Armenia has to concentrate on its own internationally recognized sovereign territory. Today, it is important that this country changes its external minority policy and withdraws its territorial claims against Azerbaijan. As a next step, both Armenia and Azerbaijan can recognize the territorial integrity of one other.

Such rapprochement can lead to the opening of the borders between Armenia and Turkey and Armenia and Azerbaijan, which would increase economic opportunities for landlocked Armenia. It can thereby contribute to regional stability, development, and trans-regional cooperation among the three South Caucasian states. At the same time, it would create an enabling environment that could be more conducive for future dialogue and interactions between Armenians and Azerbaijanis.

We must face the fact that a stable equilibrium between these two nations has never previously been achieved. However, despite ups and downs, there was peaceful coexistence between the Armenian and Azerbaijani communities in Karabakh as well as Armenia and Azerbaijan’s respective minorities in Azerbaijan and Armenia. This protracted conflict has, however, led Armenians and Azerbaijanis to live in parallel realities for almost 30 years.

In light of the recent past, we cannot soon reconcile our different narratives. It is a long process; however, reconciliation is not only an outcome, it is also a process. Although the gestation period might be long, the process of reconciliation itself can be extremely rewarding.

In fact, the Armenian and Azerbaijani inhabitants of Karabakh have lived together in this region in the past. However, for almost 30 years this was impossible. Will and determination should be put to good use in order to arrive at such a peaceful coexistence once again.

There is no panic in Shurnukh village, yet residents still face certain concerns – village mayor

Panorama, Armenia
Jan 20 2021

The situation in Shurnukh village, part of which came under Azerbaijani control as part of the demarcation process, remains calm. There is no panic in the village, however, the residents are concerned with certain security and infrastructure issues, Hakob Arshakyan, the head of the community told Panorama.am. 

In Arshakyan’s words, some 150 residents of the village have remained in their houses, only two-three families moved temporarily to Goris towns. They would return home once the construction of their new houses is complete. To remind, according to demarcation, 12 houses of the village, located in Armenia’s south Syunik province, were ceded to Azerbaijan. 

Arshakyan noted that the major concern of the villagers is related to security. “When you know that Turks are some 50-100 meters away and ready to do anything, up to axing a person while asleep. The border guards are our hope, and the villagers themselves. The residents are calm when they know border guards are there,” said Arshakyan. 

In the words of the head of the community, among the common issues the resident face are infrastructure ones. Some families face water supply shortage, as they moved to the upper area of the village. The matter is currently is being resolved. Arshakyan added that others have electrified fences to keep the herd out of the surrounding farmland under Azeri control. Some are not able to cultivate land in the area adjacent to the Azerbaijani-controlled territory.  

“There are certain difficulties yet we are set to overcome them,” stressed Arshakyan. 

Armenian FM’s letter to UN chief on Azerbaijani war crimes circulated as official UN document

Public Radio of Armenia
Jan 21 2021

The letter of Armenia’s Foreign Minister Ara Aivazian regarding Azerbaijan’s violations of international humanitarian law in the aftermath of the large-scale military offensive against Artsakh is circulated as document of UN General Assembly and Security Council, Spokesperson for the Ministry of Foreign Affairs Anna Naghdalyan informs.

In a letter to UN Secretary General Antonio Gutterres, the Foreign Minister comprehensively presented the situation over the Nagorno-Karabakh conflict following the large-scale military aggression launched by Azerbaijan on September 27, 2020.

The Minister noted that amid the unprecedented global health crisis, the violation of the decades-long ceasefire in the region has led to numerous casualties, large-scale ethnic cleansing of the indigenous people of Artsakh, deliberate destruction, desecration and vandalism of the Armenian religious and cultural monuments.

In the letter, the Foreign Minister of Armenia touched upon the cases of violations of the November 9 trilateral statement’s provisions by Azerbaijan, noting that more than a month after the ceasefire was established, Azerbaijan carried out military operations in Hin Tagher and Khtsaberd villages in Hadrut region of Artsakh. It was noted that during the military attack, the Azerbaijani armed forces captured 64 Armenian servicemen, violating Azerbaijan’s commitments to maintain the ceasefire established by the trilateral statement.

The Foreign Minister emphasized the incomplete implementation of the Article 8 of the trilateral statement, which mandates the “exchange of prisoners of war, hostages, and other detained persons and bodies of the dead.” He stressed that Azerbaijan, in fact, refuses to implement its commitment which is a blatant violation of international humanitarian law.

Minister Aivazian drew the attention of the UN Secretary General to the reluctance of Azerbaijan regarding the cooperation with international organizations in cultural heritage protection. “Lasting and sustainable peace in the region could be achieved only through the comprehensive resolution of the conflict that will include the status of Nagorno-Karabakh based on the realization of the right of self-determination of the people of Artsakh”,- concluded the Foreign Minister of Armenia.

Armenian analyst on current authorities trying Robert Kocharyan in court

News.am, Armenia
Jan 18 2021

Analyst Argishti Kiviryan touched upon the court hearing on the case of alleged overthrow of constitutional order scheduled for tomorrow and posted the following on his Facebook page:

“It is perfectly cynical to see a team that led Artsakh (Nagorno-Karabakh) to destruction and is leading Armenia and the future of the Armenian nation to destruction, continue to try Robert Kocharyan.

Before trying Robert Kocharyan, Pashinyan and his team must first and foremost try themselves for destroying a country that became an orderly country during the administration of Robert Kocharyan. In this situation, any decent person must not allow the trial that has turned into a comedy since it has nothing to do with the events that took place on March 1, 2008 and justice and is just the fruit of Nikol’s sick imagination. One doesn’t have to support Robert Kocharyan in order to say NO to this trial. All one has to do is to be a CITIZEN who rejects Nikol’s manipulation tool.

Robert Kocharyan has done so much for the Armenian nation that he can expect the support of the Armenian nation, especially the healthy and sound Armenians. Be a citizen and say ‘no’ to injustice and Nikol’s sick whims…”

Earlier, the committee set up for freedom for Robert Kocharyan invited citizens to a protest in front of the court in Shengavit district of Yerevan tomorrow at 12:30 p.m.

Putin To Host Talks Between Armenia, Azerbaijan To Resolve Regional Conflicts

The Republic World
Jan 10 2021
 
Russian President Putin had deployed peacekeeping contingent of Russian Federation which included 1,960 soldiers and 90 armoured carriers on Lachin corridor.
  
Written By
Zaini Majeed
President Vladimir Putin will host talks between the Armenian Prime Minister Nikol Pashinyan and Azerbaijan President Ilham Aliyev for the first time since Russia brokered ceasefire in the Nagorno-Karabakh region, Kremlin said in a statement. Azerbaijani and Armenian forces escalated a military conflict over the internationally recognised breakaway territory of Nagorno-Karabakh, geographically a part of Azerbaijan but ruled by ethnic Armenians. After three failed truce, Armenia’s prime minister and the presidents of Azerbaijan and Russia signed a joint declaration agreeing to the cessation of all hostilities and deploying Russian peacekeepers in the conflict region.
 
In the agreement between the two nations, Russia ordered that the territories held by the Armenian Party in the Gazakh District of the Azerbaijani Republic had to be ceded to the Azerbaijani Republic. Russian President Putin had instructed the peacekeeping contingent of the Russian Federation which included 1,960 Russian soldiers, 90 armoured personnel carriers, and 380 military vehicles and other special equipment to be deployed along the line of control between Armenia and Azerbaijan in Nagorno-Karabakh and along the Lachin Corridor.
 
Construction of new transportation link
 
In the truce, Russia listed the peacekeeping contingent’s deployment for up to 5 years to monitor the ceasefire violations between the two countries. Furthermore, the terms of the agreement stated that the Azerbaijani Republic would guarantee the safety of traffic along the Lachin Corridor of persons, vehicles, and freight in both directions and will take back the refugees returning to the Nagorno-Karabakh territory. In the fresh talks, Russia aims to remove the economic blockade in the war zone and free the transportation links in the disputed region between the western regions of the Azerbaijani Republic and the Nakhchivan Autonomous Republic [Azerbaijan’s landlocked exclave], as mentioned in the truce terms and conditions.
 
Putin is expected to instruct the Units of the Russian Federal Security Service’s Border Service to guard the transport passage and all the economic and transportation links in the region following the meeting between the two nations. The agreement also listed the construction of new transportation links for connectivity of Azerbaijan with the Nakhchivan Autonomous Republic.
 

62 Armenian citizens in Azerbaijan: prisoners of war or saboteurs?

JAM News
Jan 9 2021
JAMnews, Baku-Yerevan  
 
 
 
In Khojavend region, which came under the control of Azerbaijan as a result of the second Karabakh war, 62 citizens of Armenia have been detained.
 
The Azerbaijani side considers the detainees to be saboteurs who must be held accountable before a court of law.
 
The Armenian side meanwhile says these prisoners of war should be returned to their homeland.
 
A letter from Azerbaijani Foreign Minister Jeyhun Bayramov to UN Secretary General Antonio Guterres was circulated as a document of the UN General Assembly and Security Council.
 
The letter speaks of “Armenia’s activities aimed at undermining stability and contrary to international law and the trilateral statement of November 10,” the press service of the Azerbaijani Foreign Ministry reported.
 
Bayramov noted in his letter that “in the liberated territory of the Khojavend region of Azerbaijan, the Armenian armed forces carry out sabotage and provocations, as a result of the anti-terrorist operations carried out by the relevant structures of Azerbaijan, 62 members of the sabotage group, who are citizens of Armenia, were detained.”
 
It was brought to the attention of the UN Secretary General that “the implementation of such sabotage and provocation by the Armenian armed forces on the internationally recognized territories of Azerbaijan a month after the signing of the joint statement is evidence of a gross violation by Armenia of the principles of international law, as well as the obligations assumed according to the statement.”
 
 
Reaction from Armenia
 
The Armenian Foreign Ministry issued a statement condemning the criminal prosecution against Armenian prisoners of war:
 
“These actions of the Azerbaijani authorities are a gross violation of international humanitarian law. […] The release and repatriation of the prisoners of war is clearly enshrined in the November 9 statement, and the prosecution of the prisoners of war after the adaptation of the trilateral statement constitutes its gross violation”.
 
The statement says that the Armenian soldiers were captured as a result of a violation of another provision of the trilateral statement: Azerbaijan launched military operations in the direction of the 2 villages Hadrut region [on the administrative division of the Armenian side] a month after the establishment of the ceasefire:
 
“Notably the Azerbaijani side announced the prosecution of POWs about a month after the capturing of Armenian servicemen, which demonstrates that Azerbaijan is using Armenian prisoners of war as hostages to advance its political agenda”.
 
All Armenian servicemen captured by the Azerbaijani Armed Forces must be released and returned to Armenia. The Ombudsman of Armenia Arman Tatoyan wrote about this on his Facebook page:
 
“This should be done immediately and without any preconditions.“
 
The Ombudsman considers it unacceptable that the 8th paragraph of the trilateral armistice agreement of November 10, signed by the heads of Armenia, Russia and Azerbaijan, does not indicate specific dates for the exchange or return of prisoners:
 
“But this does not mean at all that it is permissible for the Azerbaijani authorities to constantly violate international requirements for human rights and humanitarian agreements. The return of prisoners is artificially delayed, their true number is not reported, moreover, attempts are being made to underestimate these data. All this time they are subjected to torture and inhuman treatment, interference is created for the exchange of bodies of the dead. “
 
The statements of the Azerbaijani authorities that the captured Armenians are not prisoners of war, but saboteurs, according to Arman Tatoyan, grossly trample on the post-war humanitarian process and international requirements for the protection of human rights:
 
“These statements directly contradict the requirements of Clause 8 of the tripartite statement of November 10, 2020. They are prisoners by status, period. “
 
The Ombudsman of Armenia considers “completely unacceptable” the politicization of this essentially humanitarian issue and “obvious attempts of the Azerbaijani authorities to link it with any territorial issues.”
 
 
Comments from Baku
 
“The picture is interesting,” writes Ahmed Alili, director of the Caucasus Policy Analysis Center. “The trilateral statement says that ‘the troops must remain in the positions where they were at the moment of signing the document.’”
 
“The Armenian side deciphers it as follows: if Armenian servicemen are located on the ‘islands’ in the territories that were once part of the NKAO and are now controlled by Azerbaijan, they should remain there. At the moment, this circumstance is one of the topics for heated discussions between the parties.
 
But now it is becoming known to the public that the mentioned Armenian servicemen hid on the roofs and in the basements of the houses that survived and were not set on fire in Hadrut and nearby villages. In this context, the _expression_ “must remain in their positions” begins to acquire a new meaning,” Alili said.
 
Military observer Asaf Quliyev supports a different opinion. In his comment to JAMnews, he said:
 
“It is necessary to pay attention to two points. First, the citizenship of these 62 detainees. Unfortunately, I do not have such data.
 
If they are citizens of Armenia, it means that Armenia is not fulfilling its obligations emanating from the trilateral statement of November 10. But here it is also possible a version according to which Armenia can declare that the detainees do not obey the Armenian authorities. If so, these people are not prisoners of war, but members of a terrorist group that does not obey the laws of either their country or Azerbaijan. Based on this, they are criminals.
 
But if the detainees are residents of Nagorno-Karabakh, they can be classified as living on the territory of Azerbaijan, but not obeying the laws of this country. And in this case, they cannot be considered prisoners of war.
 
As for the terminology, saboteurs and terrorists are different concepts. Saboteurs are part of the armed forces of a country that performs the tasks assigned to it. Terrorists are outside the law, the Geneva Conventions on the Status of Prisoners of War are not applied to them. “
 
 
Information about Armenian prisoners of war in Azerbaijan
 
The parties agreed on the exchange of prisoners on the principle of “all for all”. In total, after the end of the 44-day war, 54 prisoners returned to Armenia. But, according to the Armenian side, the number of Armenian prisoners in Azerbaijan is much higher.
 
Lawyer Siranush Sahakyan, who represents the interests of Armenian prisoners at the European Court of Human Rights, claims that Armenia has irrefutable evidence that at least 120 Armenian prisoners were held in Azerbaijan.
 
However, the State Commission on the Affairs of Prisoners of Azerbaijan reports only about 5 Armenian prisoners: 2 military personnel and 3 civilians.
 
According to Sahakyan, speaking of only five prisoners, Azerbaijan “is abusing the helpless position of the Armenian authorities.”
 

Armenian historian: We must not allow our destiny to be determined in a completely different place, by various papers

Panorama, Armenia
Jan 9 2021
 
 
“I do not accept the concept of defeat of an army, state or people, I accept the concept of the defeat of taking the wrong path and adopting the wrong system of values, poor policies and wrong vision of the future,” former Director of the Armenian Genocide Museum-Institute, Doctor of History Hayk Demoyan said on Saturday, referring to the recent 44-day war in Artsakh.
 
Speaking at an urgent meeting of intellectuals, the historian said Armenia is going through a national catastrophe, which has deeper roots than people could imagine.
 
“But today, on a global scale, we need to talk about where we are heading to, whether we are going to choose the already existing path to move forward, or we really need to seriously reconsider it. I feel pity for our children who want to believe in a completely different system of values and want to live a completely different life. We cannot impose the old and defeatist psychology on them. We have at least known what it means to be a winner, we know how sweet it is,” he said, adding all efforts should be exerted to this direction.
 
Hayk Demoyan said Armenia has found itself in a deep crisis, stressing the need to find ways out of it.
 
“We must not allow this to happen again, we must not allow our future and destiny to be determined in a completely different place and by various papers. We must show our potential, which is not measured by money, but by our actions,” Hayk Demoyan said.
 

Political scientist: Shurnukh village and hydroelectric power plant in Tatev indicated as part of Armenia on USSR Maps

News.am, Armenia
Jan 2 2021
 
 
 
Political scientist: Shurnukh village and hydroelectric power plant in Tatev indicated as part of Armenia on USSR maps
00:33, 03.01.2021
 
Political scientist Gagik Hambaryan posted the following on his Facebook page:
 
“The maps published during the years of the USSR ‘refute’ traitor Nikol
 
Traitor Nikol, who is clung to the seat of Prime Minister of Armenia, is demarcating with the GPS system along with Azerbaijan and is absolutely ignoring the maps published during the years of the USSR…Speaking out about those maps isn’t in the favor of the traitor of the nation and the people serving him since Shurnukh village and the hydroelectric power plant of Tatev are indicated as a part of Armenia on those maps…Nikol is guided by a Google map which, as I mentioned, might have received an order from Baku and extended the border of Armenia a little to the west, as a result of which Shurnukh village has gone from being a borderline village to a settlement that is shared, and the hydroelectric power plant of Tatev is now under the control of Azerbaijan…
 
As for those worshipping traitor Nikol and the dirt, let them continue to worship and believe in the national traitor humiliated by Ilham who continues to implement his anti-Armenian plans step-by-step…”
 
 
 

Ottoman Empire’s genocide against Armenians should teach us about the cost of doing nothing – human rights advocate

Public Radio of Armenia

Dec 29 2020

The case of the Ottoman Empire’s genocide against the Armenians is a case that should teach us about the cost of doing nothing, Ewelina U. Ochab writes in an article published by Forbes.

The Armenian genocide took place between 1915 and 1923 when 1.5 million ethnic Armenians were arrested, deported or murdered by the Ottoman Empire. Currently, some 32 countries recognize the events as meeting the legal definition of genocide.

“The official recognition of historic cases as genocide is not a matter of semantics. Such an official recognition is crucial for survivors and their families in their efforts to move on. It is crucial for reconciliation and discovery of the truth. It is also crucial to deter similar crimes in the future, to ensure that such atrocities do not happen again. As we witness some concerning signs that the atrocities may happen again, we see little political will to engage and prevent the atrocities from materializing,” the author writes.

“For many of us, genocide happens far from home, and falls within the purview of “foreign policy.” As such, genocide is not a top priority for politicians. Ultimately, politicians rely on their electorate in their respective countries. If the people who choose politicians do not raise the issue, do not show that this is what they want their politicians to engage with, nothing will be done,” she continues.

According to Ewelina U. Ochab, “to address the general lack of interest in early warning signs and risk factors of genocide, some public figures have become more vocal on the issue, for example in the recent case of the atrocities in Nagorno-Karabkh.”

“Artists and celebrities such as Cher and Kim Kardashian, with millions of fans and followers on social media, have been speaking out about the deteriorating situation. Others, such as the heavy metal band System Of A Down, turned their messages into music. Amid the deteriorating situation in Nagorno-Karabakh, System Of A Down released two singles, “Protect the Land” and “Genocidal Humanoidz” to engage the public and to raise funds to help those affected. The two singles have raised over $600,000 for the Armenia Fund. Members of the band have also been using their social media presence to inform their followers about the situation in Nagorno-Karabkh and the concerning developments as the situation was deteriorating,” the article reads.

The author notes that “their engagement and important voice on the issue shows that raising awareness of genocide is not a matter to be left to legal experts, researcher and journalists only.”

“In fact, in order to turn the slogan of “Never Again” into reality, everyone needs to play their part. Genocide prevention is not a job of a few, it is a job for the whole humanity,” she concludes.

Ewelina U. Ochab is a human rights advocate, author and co-founder of the Coalition for Genocide Response.



Turkey’s crackdown on freedom of expression highlighted in new report

Arab News
Dec. 31, 2020
ANKARA: A December 29 report from Expression Interrupted highlights
Turkey’s repeated violations of Article 10 of the European Convention
on Human Rights, to which it is a signatory party, and its failure to
comply with rulings handed down by the European Court of Human Rights
(ECtHR).
Of all 47 members of the Council of Europe, Turkey has the most
violations of freedom of expression under Article 10 of the
Convention. Of the 845 judgments ECtHR delivered between 1959 and
2019, 356 were against Turkey — almost five times as many as against
the distant runner-up, Russia.
Turkey also tops the list of rights violations pertaining to all
articles of the Constitution. “Between 1959 and 2019, 3,645 of the
22,535 judgments delivered by the Court were against Turkey, making it
the country against which the ECtHR has delivered the most judgments,”
the report reads. Out of 5,231 cases currently pending execution by
signatory parties, 689 of them are against Turkey.
The report also noted: “One of the most important reasons for these
huge numbers is non-implementation of the previous judgments of the
ECtHR, which sets the stage for repetition of similar violations in
the future,” and emphasized that broad interpretation of acts
including “insulting the president” or “denigrating the Turkish
nation/state” have been used as a basis for arrests and convictions,
in violation of ECtHR rulings.
The jailed Kurdish politician and former co-chair of Turkey’s Peoples’
Democratic Party (HDP), Selahattin Demirtas, and philanthropist and
businessperson Osman Kavala, are two of the highest-profile prisoners
in the country, despite rulings from the ECtHR calling for their
immediate release. The report suggests that their continued
imprisonment is designed “to punish and discourage the exercise of
freedom of expression.”
“The speed with which Turkish authorities implement judgments such as
those regarding Kavala and Demirtas show what kind of commitment
Turkey has to the founding values of the Council of Europe and the
European Convention on Human Rights,” Massimo Frigo, senior
international lawyer at the International Commission of Jurists (ICJ),
told Arab News.
Last week, the Parliamentary Assembly of the Council of Europe (PACE)
once again urged Ankara to comply with the ECtHR’s ruling that
Demirtas should be released immediately.
Turkey is one of the founding members of the Council of Europe and
ratified the European Convention on Human Rights in 1954. “Under
Article 46 of the Convention, Turkey is bound to implement the
judgments of the European Court of Human Rights at a domestic level,”
human rights lawyer Beril Morel told Arab News.
According to Morel, Turkey has a particularly poor track record when
it comes to the implementation of judgments rendered on politically
sensitive cases. “The refusal of Ankara to recognize the violations in
Demirtaş’ and Kavala’s cases are a recent example,” she said.
Morel cited “the actions of security forces; the lawfulness of
detention; domestic violence; freedom of thought, conscience and
religion; freedom of expression and information; and freedom of
assembly and association” as the topics likely to “top the ECtHR
agenda concerning Turkey.”
“Turkey amended its Constitution to recognize the supremacy of
international law over its domestic law. Article 90 of the
Constitution expressly provides that international conventions
concerning human rights, ECtHR being one of these, prevail over
domestic law in case of a conflict between those,” Morel said.
Therefore, Turkey should implement the ECtHR’s judgements. However,
she pointed out, the ECtHR can only intervene in the domestic
implementation of its rulings by member states if the matter is
brought to its attention with a second application and a violation of
Article 46 of the Convention is found.
“We are leaving 2020 behind with a heavy heart. Turkey’s human rights
and rule-of-law crisis has deepened further,” Ayse Bingol Demir, a
human rights lawyer and co-director of the Turkey Human Rights
Litigation Support Project, told Arab News.
According to Demir, the ongoing detention of Kavala and Demirtas —
despite ECtHR rulings — will be an important feature of the Council of
Europe Committee of Ministers’ agenda in 2021.
“Turkey will likely face increasing pressure and sharper decisions
from the Committee,” she said. “As it did in the case of Kavala in
2020, I expect the Committee to conclude that the ongoing detention of
Demirtas constitutes a continued violation of the European Court’s
rulings,” she said.
“The Committee will also focus on arbitrary and unlawful detentions;
the frequent use of anti-terror legislation to target the legitimate
activities of human rights defenders and opposition politicians; and
the lack of independence and impartiality of the judiciary,” she
continued. “If the ruling government decides to insist on its current
policy of denial, 2021 will certainly be a more difficult year in its
relations with the Council of Europe.”