Category: 2021

Authorities In Armenia Should Take Into Account The Circumstances Referenced In This Statement When Engaged In Any Negotiations 

On December 28, 2020, the Permanent Representative of Azerbaijan to the United Nations (UN) addressed a letter to the UN Secretary General. The letter was distributed to the UN General Assembly and the Security Council.

The letter contains issues related to the citizens of the Republic of Armenia  (RA) who are being held captive in Azerbaijan, and their respective rights. Thus, the Human Rights Defender of Armenia considers it necessary to address those parts of the letter. In particular:

1. Paragraph 6 of the appendix to the letter of the Permanent Representative of Azerbaijan to the UN states, that within the framework of the anti-terrorist measure, the Azerbaijani authorities “found” 62 Armenian servicemen, who were drafted mainly from Shirak, and who are currently “detained” and are under “investigation” in Azerbaijan.

The letter refers to the Armenian servicemen as members of a subversive group of the Armenian Armed Forces and, it mentions that they were sent to the “Lachin region of Azerbaijan” ostensibly to carry out terrorist acts against Azerbaijani personnel and civilians.

Then, among other issues, the representative of Azerbaijan, mainly using the segment about the referenced Armenian servicemen held captive in Azerbaijan, made political conclusions, including proposing to the UN, that it take certain actions against Armenia. The letter concludes on the same premise that Armenia has violated the trilateral statement signed by Russia, Armenia and Azerbaijan, on November 10, 2020.

2. The Human Rights Defender of Armenia hereby states, that it is absolutely reprehensible to link the issue of Armenian servicemen in captivity in Azerbaijan with territorial issues, and to improperly politicize such issue. This affront grossly violates the post-war humanitarian processes and the international human rights mandates and standards.

Like the 62 Armenian servicemen referred to in the Azeri letter, all of the other Armenian servicemen are also prisoners of war. They were in their places and positions at the time of their “detention” solely in their lawful course and scope, and for the purpose of performing their legal duties, to serve in the army. They must be released and returned to Armenia without any preconditions. This conclusion is based on the results of the monitoring and investigation of the Human Rights Defender of Armenia and is supported by sound and incontrovertible evidence.

Therefore, initiating criminal proceedings against the 62 Armenian servicemen in captivity in Azerbaijan, detaining them, and in particular, calling them “terrorists,” is a gross violation of international humanitarian law and international human rights law in general. They may not be prosecuted or detained for participating in the hostilities. These are requirements that are specifically enshrined in the Third Convention of 1949.

3. The Human Rights Defender of Armenia also considers it necessary to make a special report on the politicization of human rights by Azerbaijan, and the humanitarian issues ripened by its misconduct in the post-war process, all of which are impermissible under international norms and standards.

The return and/or release of prisoners is independent of any political process.

This must be ensured immediately after the cessation of hostilities.

This is a universally applicable automatic requirement that exists in international law in every case, whether or not it is enshrined in specific conflict resolution documents.

Therefore, point 8 of the tripartite declaration of November 10, 2020 has an autonomous meaning and should act exclusively with an autonomous interpretation. In any case, it should not be considered in connection with, or with dependence on, other points of that announcement.

4. It is absolutely inappropriate to interpret the November 10 tripartite statement as if it applies only to the situation before the signing of that statement. Such an approach grossly violates human rights and the post-war humanitarian process.

The referenced statement should be discussed in the framework of both before November 10, and all the situations that arose after it, and for as long a period as there is an objective need for the protection of human rights and the humanitarian process due to the aftermath of hostilities.

Moreover, the Human Rights Defender notes that, in practice, there have already been cases when the Azerbaijani armed forces captured Armenians after the November 10 tripartite statement, but they later were returned to Armenia.

5. It is a matter of fundamental importance that the Azerbaijani authorities are delaying the return of 62 Armenian prisoners of war by distorting the legal process, and by artificially labeling them with the status of “suspects” or “an accused,” and are using detention as a form of punishment.

Inasmuch as international humanitarian law prohibits unjustified delays in the release of prisoners of war, and it considers any such delay as constituting a “war crime,” it is clear to the Human Rights Defender that the Azerbaijani authorities are unquestionably abusing legal processes to achieve their goals. Their conduct is contrary to international laws and norms.

This behavior of the Azerbaijani authorities directly contradicts the intentions of the parties who are the signatories to the trilateral statement executed on November 10th.

The point is, that based on the requirement of point 8 of that statement, the Republic of Armenia has already transferred to Azerbaijan, perpetrators of crimes in Artsakh, including two convicted murderers of civilians. Azerbaijan has also handed over Armenia, some Armenians who were “formally” convicted in that country on the same principle.

Therefore, the above also makes it rather obvious that, even by initiating criminal proceedings and making the Armenian servicemen suspects or labeling each of them as an accused, the delay in the return of the captives is not only quite obviously artificial, it is also a clear abuse of legal processes; and, it violates not only international humanitarian law, but also the November 10 trilateral statement and the intentions of the parties that signed it.

6. The research and the results of the investigation of the Human Rights Defender of Armenia continue to consistently confirm that the Azerbaijani authorities initially artificially delayed the release of the captives of the Armenian side, and otherwise deprived them of their liberty, and continue to avoid announcing the real number of the Armenians in captivity.

Moreover, the evidence gathered by the Human Rights Defender’s Office confirms that their number is higher than that which the Azerbaijani authorities have thus far confirmed (referring to the already returned 44 prisoners).

The Human Rights Defender has registered numerous cases when, despite the overwhelming evidence confirmed by videos and other evidence, the Azerbaijani authorities deny people access to them and/or delay the approval process for visitations.

Studies have already shown that all of this is being done to cause mental suffering to the families of the captives and to the Armenian society in general, to play with the emotions of the Armenian society, and to keep the atmosphere tense. This applies equally to prisoners of war and civilians.

7. The absolute urgency of the issue of the release of prisoners should be considered in the context of the organized policy of propaganda of anti-Armenianism and hostility in Azerbaijan.

The reports published by the Human Rights Defender of Armenia, which are based on objective evidence, confirm the deep roots of the anti-Armenian policy in Azerbaijan, the encouragement of hostility and atrocities by the Azerbaijani authorities, and even by their cultural figures.

This issue is closely related to the letter of the Permanent Representative of Azerbaijan to the UN, in the sense that the Armenian servicemen, first of all, protected the rights of their compatriot Armenians, as well as protection of their health, property and other vital necessities. This issue is especially important against the background of the war crimes and crimes against humanity, the mass destruction of peaceful settlements in Artsakh, all of which were committed by the Azerbaijani armed forces; and, such similar acts are still being committed.

8. I, therefore, call to the attention of the United Nations and other international human rights bodies all of the issues addressed in this Declaration.

9. The highest authorities of Armenia should take into account the circumstances referenced in this statement of the Human Rights Defender when engaged in any negotiations.

Based on these principles, the highest bodies of the Armenian government must act in such a way, and with such guarantees, that the return of our compatriots to the Homeland is ensured within the framework of the humanitarian and human rights processes.

Arman Tatoyan
The Human Rights Defender of Armenia

The Armenian National Committee of America-Western Region (ANCA-WR) recently published a “Decade in Review” report that highlights the organization’s tireless work in advocating for justice for the Armenian Genocide, harnessing support for the Republic of Armenia, urging recognition and support for the Republic of Artsakh, and developing grassroots programs to organize and mobilize the vast Armenian-American Diaspora community in the western half of the United States.

“The ANCA-WR team, with its Board, Staff, committees, local chapters, supporters and grassroots activists, has always worked with passion and dedication to find innovative ways to promote all facets of the Armenian Cause. Despite many challenges, this Decade in Review shows that the work of Hye Tad always adapts, but never stops.” remarked Nora Hovsepian, Chairperson of the ANCA-WR.

The report highlights how key priorities have been consistently advanced through the ANCA-WR’s advocacy at the federal, state, and local levels, including its long-standing mission to educate public officials about issues important to their Armenian-American constitutents through delegation trips to Armenia and Artsakh, Advocacy Days in state capitals, action alerts and expansion of Rapid Responders. Further emphasis has been shown through the cultivation of mutually beneficial relationships with coalition partners and media outlets. The report also showcases several of the ANCA-WR’s community programs such as HyeVotes, HyeCount, HyeCitizen, and its signature biennial Grassroots Conferences. Looking to the future, the ANCA-WR has made great strides in leadership development through its broad based internship programs, student outreach programs, and committees.

A special section is dedicated to highlighting the close collaboration between the ANCA-WR Educational Committee and various school districts, educators, administrators and legislators to expand the states’ curriculum frameworks as they pertain to teaching about the Armenian Genocide, incorporating the massive philanthropic response of the United States through Near East Relief to rescue hundreds of thousands of Armenian Genocide survivors and orphans, and the importance of self-determination in Artsakh. The ANCA-WR has also played a pivotal role in the Armenian community’s united efforts to properly commemorate the Armenian Genocide Centennial, to meet the community’s needs during the ongoing COVID-19 pandemic, and to ensure that our collective voice is heard in the halls of government and in all forms of media as Armenia and Artsakh were under attack and continue to face a humanitarian crisis even now.

Overall, the Decade in Review is testament to the work that the ANCA-WR has been able to accomplish thanks to its chapters, volunteers, staff and the thousands of activists who believe in the mission of the organization and continue to advocate for the security, prosperity, and long-term viability of a free, independent, and a united Armenian homeland.

Read ANCA-WR’s Decade in Review and other annual reports. https://ancawr.org/about/annual-reports/

The Armenian National Committee of America – Western Region is the largest and most influential nonpartisan Armenian American grassroots advocacy organization in the Western United States. Working in coordination with a network of offices, chapters, and supporters throughout the Western United States and affiliated organizations around the country, the ANCA-WR advances the concerns of the Armenian American community on a broad range of issues in pursuit of the Armenian Cause.

YEREVAN (Azatutyun.am)—Armenia’s President Armen Sarkissian on Monday renewed his calls for Prime Minister Nikol Pashinyan to hand over power to a new and interim government that would hold snap parliamentary elections.

In an article posted on the presidential website, Sarkissian said Pashinyan’s administration must be “held accountable” for the Armenian side’s defeat in the recent war with Azerbaijan and the resulting “deep political, economic, social and psychological crisis” in his country.

“The country and the people need treatment,” he wrote. “The only logical and civilized prescription is pre-term elections [to be held] within reasonable time frames with necessary amendments to the Electoral Code and the Constitution, which will allow us to start a real process of state building from scratch.”

“Until then, a government of national accord must be formed with the help of the institute of the president,” he added, staking a claim to a major role in that process.

Sarkissian stressed that the new government must be made up of technocrats tasked with overcoming the post-war crisis.

Virtually all Armenian opposition parties demanded Pashinyan’s resignation immediately after a Russian-brokered ceasefire that stopped the war in and around Nagorno-Karabakh on November 10. More than a dozen of them joined forces to hold anti-government rallies.
Pashinyan has rejected the opposition demands while expressing readiness to hold fresh elections soon. He held late last month consultations with the leaders of the two opposition parties represented in the Armenian parliament. The latter insisted that the snap polls must take place after Pashinyan’s resignation.

Sarkissian held similar consultations earlier in December. The president insisted on Monday that despite his largely ceremonial powers he can “become the irreplaceable platform where the constitutional ways-out and mechanisms for overcoming the crisis will be worked out through a dialogue.”

In his article, Sarkissian also portrayed Armenia’s post-Soviet history as a period of missed opportunities and made a case for the “construction of a new state.” In that regard, he took a critical look at the 2018 popular uprising that brought Pashinyan to power.
“The change of government in 2018 could have been the beginning of a new phase in our history … but it became the end of the previous phase, without offering a new ideology,” he said.

Russian President Vladimir Putin called the talks with Azerbaijani President Ilham Aliyev and Armenian Prime Minister Nikol Pashinyan on the observance of agreements on resolving the situation in Nagorno-Karabakh important and useful.

“I consider today’s meeting extremely important and useful, since we were able to come to an agreement and signed a joint statement on the development of the situation in the region,” the Russian leader said following the  talks on Monday. He clarified that he meant concrete steps to develop economic ties and infrastructure projects.

The President of the Russian Federation added that for this purpose “a working group will be created, which will be headed by the vice-prime ministers of three governments – Azerbaijan, Armenia and Russia.” Putin specified that in the near future the deputy prime ministers of the governments will create working subgroups, present concrete plans for the development of the transport infrastructure and the economy of the region. “I am sure that the implementation of these agreements will benefit both the Azerbaijani and Armenian peoples, without any doubt it will benefit the region as a whole, and therefore the interests of the Russian Federation,” the head of the Russian state stressed.

“Special emphasis is required for the opening of economic, trade and transport links in the region,” said Putin in opening remarks at the Kremlins on Monday.

Putin also expressed his satisfaction with the ongoing implementation of the provisions of the November 9 agreement.

“For Russia it is vital to have allied and good neighborly relations, which bond our countries and people together. That is why we were sincerely concerned and worried for the fate of the people and were following the military conflict that erupted in the region,” said Putin.

“The Large-scale military operations, sadly, resulted in significant loss of life, exacerbated the already difficult situation in the Caucasus and increased the risk of spreading terrorism,” added Putin.

“We were in constant contact, we were looking for a compromise solutions together, after which a trilateral statement was agreed upon on November 9, which we signed together. “Today we can emphasize with satisfaction that the trilateral agreement is being implemented,” Putin said.

“Today, it will be important to outline the next steps in the key directions of the settlement outlined in last year’s joint statement of November 9,” Putin said. ‘I am talking about issues connected to the activities of the Russian peacekeeping contingent, clarification of demarcation lines, solving humanitarian problems, protection of cultural heritage sites.’

Putin said Russia continue to discuss its efforts with the OSCE Minsk Group co-chairs.

“In order to maintain the ceasefire, Russian peacekeepers have been deployed at the request of Armenia and Azerbaijan. Now the situation in the region is calm. Through Russian mediation, exchanged of captives and remains are taking place,” said Putin.

“Of course, Armenia is interested in the possibility of transporting Armenian cargo through the territory of Azerbaijan to the Russian Federation and the Islamic Republic of Iran and vice versa. We are interested in the possibility of the transfer of the Armenian cargo through road and railway transportation to the Russian Federation, whereas to the Islamic Republic of Iran—especially through railway transportation. In this context, Armenia, naturally, is ready to ensure transportation between the eastern part of Azerbaijan and the Nakhichivan Autonomous Republic,” said Pashinyan’s spokesperson Mane Gevorgyan on Thursday when reports on Monday’s meeting would neither be confirmed or denied [ends]

The Presidents of Russia and Azerbaijan Vladimir Putin and Ilham Aliyev and the Prime Minister of Armenia Nikol Pashinyan signed a statement following their meeting in Moscow on Monday, the Kremlin website said. It published the full text of the statement. Below is an unofficial translation.

We, President of the Republic of Azerbaijan I. H. Aliyev, Prime Minister of the Republic of Armenia N. V. Pashinyan and President of the Russian Federation V. V. Putin declare the following:

1. In order to implement part of point 9 of the Statement of November 9, 2020 regarding the unblocking of all economic and transportation routes in the region, we support the proposal of the President of the Russian Federation V.V. Putin on the establishment of a tripartite Working Group under the joint chairmanship of the Vice-Prime Ministers of the Republic of Azerbaijan and the Republic of Armenia and Deputy Prime Minister of the Russian Federation.

2. The Working Group will hold the first meeting until January 30, 2021, based on the results of which it will form a list of the main areas of work arising from the implementation of point 9 of the Statement, setting railway and road communications as priorities, and will also determine other areas as agreed between the Republic of Azerbaijan, the Republic Armenia and the Russian Federation, hereinafter referred to as the Parties.

3. In order to implement the main directions of activity, the co-chairs of the Working Group will approve the composition of the expert subgroups in these areas made of officials of the competent authorities and organizations of the Parties. The expert subgroups, within a month after the meeting of the Working Group, will present a list of projects with justification of the necessary resources and activities for their implementation and approval at the highest level by the Parties.

4. The Working Group, by March 1, 2021, will submit for approval at the highest level by the Parties a list and a schedule for the implementation of measures involving the restoration and construction of new transport infrastructure facilities necessary for the organization, implementation and security of international traffic carried out through the Republic of Azerbaijan and the Republic of Armenia, as well as transportations carried out by the Republic of Azerbaijan and the Republic of Armenia, which require crossing the territories of the Republic of Azerbaijan and the Republic of Armenia.