YEREVAN \u2013 What problems may arise for Armenian prisoners held in Baku following the closure of the International Committee of the Red Cross (ICRC) office there? What risks does the abandonment of legal claims in international courts entail, and how dangerous is the alteration of terminology regarding prisoners at the state level?<\/p>\n\n\n\n
These and other issues were the focus of a discussion organized by CivilNet under the title \u201cThe Problem of Prisoners in Baku: Human Rights and Politics.\u201d<\/em><\/p>\n\n\n\n Sahakyan: Armenia Retreating From Arena of Success by Dropping Complaints Against Azerbaijan<\/strong><\/p>\n\n\n\n Legal processes are so important that the pre-signed text of the peace agreement includes a provision on them, Siranush Sahakyan, President of the International Center for Comparative Law, said Monday during the discussion.<\/p>\n\n\n\n Sahakyan said abandoning inter-state complaints was a \u201cvital, central and important issue\u201d over which lengthy negotiations were held, noting that Azerbaijan had \u201cused all its negotiating leverage\u201d to secure such a clause.<\/p>\n\n\n\n \u201cThe Azerbaijani side essentially did two things. First, it exercised its negotiating potential to compel the withdrawal of inter-state complaints. Second, to reinforce this, it initiated artificial judicial processes, applying additional pressure to secure the provision,\u201d she said.<\/p>\n\n\n\n \u201cThis shows where Azerbaijan\u2019s interests lie and where they can be harmed. Any legal process undermines Azerbaijan\u2019s security, because truth neutralizes its aggressive policy. The only antidote to this conduct is legal action.\u201d<\/p>\n\n\n\n She stressed that Armenia has been unable to secure advantages in either the military or political arenas.<\/p>\n\n\n\n \u201cThe only field where we have successfully advanced processes\u2014both inter-state and individual\u2014has been the legal one,\u201d Sahakyan said.<\/p>\n\n\n\n \u201cNow we are retreating from an arena where we have been victorious, and instead trying to remain in one where we have been badly beaten\u2014where even issues of national dignity have been raised.\u201d<\/p>\n\n\n\n Sahakyan: Cases of Executed Prisoners Exist; At Least 80 Enforced Disappearances Documented<\/strong><\/p>\n\n\n\n The figure of 23 Armenian prisoners currently acknowledged in Baku reflects only those whose detention is officially confirmed by Azerbaijan and for whom verifiable information exists proving they are alive, Siranush Sahakyan said.<\/p>\n\n\n\n \u201cThis does not mean that from the outset only 23 Armenians were captured and remain in Azerbaijani custody. Developments have emerged revealing war crimes, in particular the execution of prisoners. There are cases where the body of an executed prisoner has been returned to the Armenian side, with corroborating evidence both of the initial capture and of the body later being in Armenian custody,\u201d she said.<\/p>\n\n\n\n Sahakyan added that in addition to such executions, there are cases of enforced disappearances.<\/p>\n\n\n\n \u201cFollowing capture, certain developments occurred after which we lost all information about these individuals. The Azerbaijani side adopts a policy of denial, refusing to acknowledge its connection to the disappeared prisoners or to provide any information about them. In such uncertainty, no independent international organization is in a position to locate the missing prisoners or confirm their fate,\u201d she noted.<\/p>\n\n\n\n Although the official figure stands at 23, she said, many more remain unaccounted for.<\/p>\n\n\n\n \u201cThere are several dozen enforced disappearances. Human rights defenders consistently speak of around 80 cases\u2014documented through fact-finding work. This figure cannot be considered exhaustive. At least 80 cases have been substantiated, but the real number could be far higher,\u201d Sahakyan said.<\/p>\n\n\n\n According to her, among the 23 acknowledged detainees, eight are members of the Artsakh military-political leadership, while five were captured during the 2020 war.<\/p>\n\n\n\n \u201cAzerbaijan is unlawfully holding not only those captured in the 44-day war of 2020, but also those taken prisoner and arrested in 2023,\u201d she stressed.<\/p>\n\n\n\n Sahakyan also reported that the European Committee for the Prevention of Torture (CPT) has recently visited Azerbaijan.<\/p>\n\n\n\n \u201cWe do not exclude that during the visit some Armenian detainees may have been granted a one-time meeting. I will refrain from giving details for now; we will issue a statement in the future,\u201d she said.<\/p>\n\n\n\n Melikyan: From Pashinyan\u2019s Use of the Word \u201cAddress,\u201d It Is Unclear Whether Armenia Has a Demand for the Return of Prisoners<\/strong><\/p>\n\n\n\n Persons deprived of liberty in connection with a conflict must be returned immediately, Anna Melikyan, an expert with the NGO \u201cProtection of Rights Without Borders,\u201d said during the discussion.<\/p>\n\n\n\n \u201cInternational law in fact allows persons deprived of liberty in the context of a conflict to be tried. That is, a trial is not by default always unlawful. But if war crimes, crimes against humanity, genocide, and the like have been committed, then prosecution is an obligation, not a matter of discretion. Azerbaijan exploits this provision of international law very effectively. It is no surprise that it brings precisely those charges which are considered such grave crimes and for which there is a duty to take action.<\/p>\n\n\n\n This enables Azerbaijan, using international law at its convenience, to claim that these people are not prisoners, but war criminals, and therefore it is lawful to prosecute them,\u201d she said.<\/p>\n\n\n\n According to Melikyan, the accusations brought against Armenians in Baku are clearly baseless and exaggerated, while Armenian defendants are afforded no guarantees of defense.<\/p>\n\n\n\n \u201cWithin just a few hearings, they record a finding of genocide. They want to show that the Armenian is guilty, that he has been convicted. This trial, or judgment, or show, is in reality intended to reinforce the \u2018truth\u2019 that Azerbaijan seeks to present to the world: that these individuals are terrorists, war criminals, and in no case should be released.\u201d<\/p>\n\n\n\n Referring to Prime Minister Nikol Pashinyan\u2019s recent use in the Parliamentary Assembly of the Council of Europe (PACE) of the phrase \u201cpersons deprived of liberty\u201d instead of \u201cprisoners,\u201d she noted:<\/p>\n\n\n\n \u201cThis is a more neutral term, encompassing both civilians and servicemen, since the word \u2018prisoner\u2019 refers to servicemen. What concerns me more, however, is his use of the word \u2018address.\u2019 This vague, empty phrase leaves it unclear whether the state in fact has a demand for the return of these persons or not. And if Armenia does not have such a demand, then who will? No one else cares.\u201d<\/p>\n\n\n\n Melikyan stressed that recourse to international judicial bodies had above all worked to Armenia\u2019s advantage.<\/p>\n\n\n\n \u201cToday Aliyev never misses an opportunity on international platforms to claim that everything done around Nagorno-Karabakh was carried out in full compliance with international law, and we do not object. If we do not put violations on paper and record them, tomorrow another \u2018truth\u2019 will be documented in the capital of another country, in another court.\u201d<\/p>\n\n\n\n Kirakosyan: Peace Presupposes the Immediate Return of Prisoners<\/strong><\/p>\n\n\n\n Peace, first and foremost, requires direct addressing of humanitarian issues, said Yegishe Kirakosyan, head of the Master\u2019s Program in International Courts and Arbitration at Yerevan State University, Armenia’s former agent at international courts.<\/p>\n\n\n\n He was responding to the question of whether it is more appropriate to first resolve humanitarian issues and then move toward a peace treaty, or to conclude a peace treaty that might help facilitate humanitarian solutions.<\/p>\n\n\n\n \u201cThis is how I understand the very logic of peace, especially regarding the return of captured persons. Why do the Geneva Conventions stipulate that there is an obligation for the immediate return of prisoners of war between warring sides? The entire philosophy lies in this: when you end hostilities, you are obliged to promptly return those in your custody. That is one of the most important components of peace,\u201d he said.<\/p>\n\n\n\n Kirakosyan emphasized that legal proceedings themselves are a cornerstone of peace.<\/p>\n\n\n\n \u201cLegal processes are one of the building blocks of peace, one of the bricks in its foundation. They provide guarantees, especially in the case of conflicts with complex and deep historical roots, where there are factual disputes and certain historical disagreements. The trial process has a crucial meaning: it allows you to establish the facts through the process of proof.\u201d<\/p>\n\n\n\n He added that in such conflicts there is also a battle of narratives.<\/p>\n\n\n\n \u201cEach side, especially non-democratic regimes, seeks to make its so-called \u2018truth\u2019 the dominant and prevailing one. But if we think about the very purpose of international law, the preservation of the entire normative system of international law is precisely about ensuring peace,\u201d Kirakosyan said.<\/p>\n\n\n\n Kirakosyan: If You Remove International Judicial Processes, All That Remains Are Baku\u2019s Trials<\/strong><\/p>\n\n\n\n It is not correct to regard the proceedings in Baku as trials, because they are tightly controlled, directed, and follow a set purpose and script, said Yegishe Kirakosyan.<\/p>\n\n\n\n He underlined the central importance of international legal processes.<\/p>\n\n\n\n \u201cWhen you remove international judicial processes from the entire equation\u2014take them out of the overall picture\u2014what remains are the Baku trials.<\/p>\n\n\n\n It is clear that the Baku trials will continue, and it is clear that a one-sided truth will be imposed. But imposing a one-sided truth will not yield good consequences, even in the long term. What is peace about, after all? I believe peace must also be about truth. It is obvious that war crimes and systematic human rights violations have not been one-sided. In wartime, violations can occur on both sides. The point of international judicial processes is precisely to provide equal opportunity to set the historical record correctly. Without them, you lose that possibility,\u201d he said.<\/p>\n\n\n\n Kirakosyan expressed hope that independent judicial proceedings will continue and remain consistent.<\/p>\n\n\n\n \u201cThese processes are extremely important security guarantees in themselves, especially in terms of protecting the rights of detained persons,\u201d he noted.<\/p>\n\n\n\n He dismissed as absurd the notion that international legal action could endanger the detainees or worsen their conditions.<\/p>\n\n\n\n \u201cIt is very dangerous to think that way; it can trap you in a vicious circle. However undesirable Azerbaijan\u2019s attitude toward international court rulings may be, these steps are not meaningless. Even for countries of similar nature, international judicial processes have a real impact. They certainly influence state behavior, restrict the scope of state action, and create additional constraints politically, reputationally, and in many other respects that are crucial in the long run.<\/p>\n\n\n\n It is important that the process of pursuing compliance with the decisions of international courts be continuous,\u201d Kirakosyan said.<\/p>\n","protected":false},"excerpt":{"rendered":" YEREVAN \u2013 What problems may arise for Armenian prisoners held in Baku following the closure of the International Committee of the Red Cross (ICRC) office there? What risks does the abandonment of legal claims in international courts entail, and how dangerous is the alteration of terminology regarding prisoners at the state level? These and other […]<\/p>\n","protected":false},"author":1,"featured_media":1469,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"ngg_post_thumbnail":0,"footnotes":""},"categories":[6,12,5,13],"tags":[],"class_list":["post-1467","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-advocacy","category-english","category-news","category-trials"],"_links":{"self":[{"href":"https:\/\/freearmenianhostages.net\/index.php?rest_route=\/wp\/v2\/posts\/1467","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/freearmenianhostages.net\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/freearmenianhostages.net\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/freearmenianhostages.net\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/freearmenianhostages.net\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1467"}],"version-history":[{"count":1,"href":"https:\/\/freearmenianhostages.net\/index.php?rest_route=\/wp\/v2\/posts\/1467\/revisions"}],"predecessor-version":[{"id":1470,"href":"https:\/\/freearmenianhostages.net\/index.php?rest_route=\/wp\/v2\/posts\/1467\/revisions\/1470"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/freearmenianhostages.net\/index.php?rest_route=\/wp\/v2\/media\/1469"}],"wp:attachment":[{"href":"https:\/\/freearmenianhostages.net\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1467"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/freearmenianhostages.net\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1467"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/freearmenianhostages.net\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1467"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}