WATERTOWN \u2014 The fate of the Armenian leadership of Karabakh (Artsakh), who were arrested in September 2023, after Azerbaijani forces staged a brutal attack on the enclave, taking it over entirely, remains bleak as their trials in Baku are underway.<\/p>\n\n\n\n
Recently, two attorneys who are working on the cases of the eight spoke about the dire outlook. Human rights attorneys Siranush Sahakyan, who is based in Armenia, and French-Armenian Philippe Raffi Kalfayan, have advised the defense of the 23 Armenian prisoners in Baku and spoke recently about the uphill road they are facing.<\/p>\n\n\n\n
The group includes Arayik Harutyunyan, who served as de facto president of the NKR from May 2020 until September 1, two previous NKR presidents \u2014 Bako Sahakyan (2007-2020) and Arkady Ghukasyan (1997\u20142007) \u2014 and the last chair of parliament, David Ishkhanyan, David Babayan, former de facto foreign minister, former NKR Defense Minister Levon Mnatsakanyan and David Manukyan, a former commander in the Artsakh Defense Army was arrested on September 27 and now faces charges of terrorism, creating illegal armed groups, and illegally crossing the border.<\/p>\n\n\n\n
Also in that group is Ruben Vardanyan, a Russian-Armenian billionaire philanthropist, who after living in Armenia for a few years, moved to Artsakh in 2022, becoming the minister of state there for a brief spell. His case has been separated from the others for unknown reasons, and he is also facing more charges.<\/p>\n\n\n\n
He and the seven other men serving in leadership positions there were detained by Azerbaijani forces as they were trying to leave with all the other Armenians of the enclave.<\/p>\n\n\n\n
A sham trial started in Baku in January. As one can imagine, there is no direct contact between the team of attorneys outside Azerbaijan and the clients there. In addition, the Azerbaijani authorities have barred the attorneys from traveling there.<\/p>\n\n\n\n
The list of charges Vardanyan and the other seven leaders are facing is long. Among other charges, Vardanyan and the other seven are charged with creating an illegal armed group and financing them, managing them or illegal circulation of weapons and war crimes, crimes against humanity and forced deportation. They are also charged with illegal border crossing. Vardanyan in addition is charged with financing of terrorism. The seven face a charge for torture, but Vardanyan does not.<\/p>\n\n\n\n
The eight former leaders are part of a bigger group. Currently, 23 Armenians are detained in Azerbaijan. Seven of them have already been convicted and are serving sentences ranging from 15 to 20 years, while the remaining 16 are facing trial. Among these cases, two are particularly significant: Ruben Vardanyan\u2019s trial and the case of a group of 15 detainees.<\/p>\n\n\n\n
Helping Clients in Baku<\/strong><\/p>\n\n\n\n \u201cThe attorneys of the International and Comparative Law Center Armenia (ICLAW)<\/a> are handling cases involving Armenian POWs in partnership with the Armenian Legal Center for Human Rights and Justice, which is based in Washington,\u201d Sahakyan noted. \u201cThis team of attorneys has been granted power of attorney by the victims and their families, allowing them to represent them in court.\u201d<\/p>\n\n\n\n Sahakyan is at the top of her field; in addition to heading ICLAW in Yerevan, she has served as ad hoc judge at the European Court of Human Rights and is a lecturer at the American University of Armenia. She is also the founding president of the Protection of Rights without Borders NGO. She has served as an expert for the Organization for Security and Cooperation in Europe Office for Democratic Institutions and Human Rights, UNICEF Armenia, UNDP, the Civil Society Institute NGO, and the International Centre for Transitional Justice, among other initiatives.<\/p>\n\n\n\n Her involvement with the cases concerning Armenian victims of armed conflict of is not new; it dates back to 2016. \u201cSince the 2016 Four-Day War, we have been representing approximately 400 victims of human rights violations, including various groups such as victims of torture, prisoners of war (POWs), and families of those subjected to arbitrary executions. Many of these families continue to suffer from severe emotional distress due to the loss of their loved ones.<\/p>\n\n\n\n \u201cAdditionally, we handle cases involving missing persons, forcibly disappeared captives, individuals under arbitrary detention, and victims of sham trials currently being conducted in Azerbaijan. Beyond these, we also advocate for displaced individuals, working to protect their rights to return, property, identity, and freedom from discrimination, among other fundamental rights\u201d she said.<\/p>\n\n\n\n Making an Example of Vardanyan<\/strong><\/p>\n\n\n\n Vardanyan\u2019s case has been separated from the other leaders by the Azerbaijani prosecutors. Sahakyan explained, \u201cThere are several reasons for this. First, Ruben Vardanyan\u2019s prominence and his ability to attract international attention by exposing human rights violations in Baku play a significant role. He has consistently spoken out against these abuses, both during his time in Artsakh \u2014 where he advocated for the rights, security, and self-determination of its people \u2014 and now in Baku, where he continues to do so despite the risks of retaliation. He remains one of the few voices actively highlighting issues such as torture and other violations, making his case particularly notable.\u201d<\/p>\n\n\n\n \u201cAnother factor, I believe, is that he became a symbol of hope for the future in the eyes of the people of Artsakh, inspiring them to fight for their rights. Because of this, he is facing even harsher retaliation, as he is seen as an influential and inspiring leader for the people,\u201d she said.<\/p>\n\n\n\n Kalfayan is another luminary in human rights. (He is also a regular contributor to the\u00a0Mirror-Spectator<\/a>.) He holds a PhD in international law and has been active at Paris Panth\u00e9on-Assas University and the Paris Human Rights Center. He serves as a legal expert at the Council of Europe in Human Rights and Legal Affairs and has also served as secretary general of the FIDH (International Federation of Human Rights Leagues).<\/p>\n\n\n\n Kalfayan added, \u201cIn fact, he [Vardanyan] has been the symbol of the resistance to Azerbaijani pressure and aggression. When he decided to settle in Karabakh, that was a very strong signal, not only for the Karabakh people but the entire Armenian nation. The second point is that such a dictator as Aliyev, they are always afraid of wealthy and influential people. Vardanyan is one of the persons who initiated the Aurora Prize and many other projects that have been quite well-known and well-regarded. He is really a symbol of power in the sense that he is known internationally and he has some wealth. So he is the key target to humiliate the talent and pride of Armenians and their resilience at the occasion of this trial.\u201d<\/p>\n\n\n\n He added, \u201cMost of the charges against him are illogical because Vardanyan was not involved in the wars before, not even the 2020 war. They accused him of being part of the self-determination movement [the Karabakh war for independence] in 1989. He was still a student at that time. On the contrary, during the 2020 war, he made some declarations which aimed at reconciliation between the two peoples and stopping the war. However, Vardanyan does not want him to be treated differently and separately from the other prisoners.\u201d<\/p>\n\n\n\n Suits in International Venues<\/strong><\/p>\n\n\n\n The government of Armenia currently has filed four interstate cases against the government of Azerbaijan in the European Court of Human Rights. The list covers the blockade of the Lachin corridor, linking Artsakh and Armenia, adding starvation, deaths, and other resulting hardships, as well as forced deportation, arrest, and detention of leaders.<\/p>\n\n\n\n The two attorneys explained that in order to apply to the ECHR for recourse, one must wait for the trial is over and a verdict has been rendered. The ECHR is not an appeals court but will hear only cases of violations of the European Convention on Human Rights. Those are arbitrary arrest and detention, torture and ill-treatment, right to a fair trial, right to legal defense of one\u2019s choice, etc.<\/p>\n\n\n\n \u201cRuben Vardanyan has a private legal team that has filed a complaint with the UN Working Group on Arbitrary Detention and the UN Special Rapporteur on Torture,\u201d Sahakyan said. Among this team is international human rights lawyer Jared Genser as well as an Azerbaijani lawyer. In contrast, the group of 15 detainees is represented only by Azerbaijani state-appointed lawyers.<\/p>\n\n\n\n \u201cAzerbaijani legislation requires lawyers to hold a license issued by Azerbaijani authorities to practice law. As a result, international lawyers or those from foreign jurisdictions are prohibited from defending accused individuals in criminal cases\u201d Sahakyan added. She explained that it is very hard for the attorneys outside Baku to communicate with Vardanyan. Neither the two nor Genser have been allowed to visit nor to speak directly with local Azerbaijani counsel.<\/p>\n\n\n\n \u201cI don\u2019t have any contact with the state-appointed lawyers,\u201d she added. \u201cIn Vardanyan\u2019s case, his private Azerbaijani lawyer provides some information to the international legal team. The family receives updates during monthly phone calls arranged by the International Committee of the Red Cross, as well as through monthly letters or video messages,\u201d she explained. \u201cWe have no opportunity to communicate directly with our clients \u2014 prisoners held in Baku. Azerbaijani authorities impose obstacles that prevent effective legal representation,\u201d Sahakyan said.<\/p>\n\n\n\n Both added that they were concerned that Armenia would drop its cases against Azerbaijan in international courts (ICJ and ECHR).<\/p>\n\n\n\n \u201cMy personal opinion is this withdrawal will happen shortly,\u201d Sahakyan said. Added Kalfayan, \u201cThe whole world knows the trials cannot be fair against ethnic Armenians in Azerbaijan and those prisoners are political hostages of a peace treaty negotiation between two countries. The release of these prisoners cannot be obtained without intergovernmental institutions implication and international courts\u2019 decisions. If Armenia withdraws from the interstate applications at the ICJ and ECHR, the fate of these prisoners will be very frightening.\u201d<\/p>\n\n\n\n Ongoing Torture<\/strong><\/p>\n\n\n\n The appearance of the Armenian POWs and of the political Leaders as well as the judicial history of Azerbaijan indicate the difficult straits the prisoners are in.<\/p>\n\n\n\n \u201cWe can confirm the use of torture and ill-treatment. We are aware of various methods, including beatings, mock executions, humiliation, sleep deprivation, and physical hardship, among others. In our view, Azerbaijan follows an administrative practice of systematically torturing and mistreating Armenians, with many of these actions being punitive in nature and directly linked to ethnic discrimination. These abuses constitute ethnically motivated crimes against Armenians,\u201d Sahakyan said.<\/p>\n\n\n\n Last week, unusually, Azerbaijani news outlets quoted Arayik Harutyunyan and David Babayan saying they were being treated well. \u201cIt is totally unusual for a prisoner to say that. You can understand what the meaning of this is,\u201d Kalfayan said.<\/p>\n\n\n\n In contrast, Vardanyan \u201chas publicly and internationally made known that he was ill-treated. When you look at their physical appearance and take into consideration that life in the prisons of post-Soviet republics is no honeymoon.\u201d<\/p>\n\n\n\n Sahakyan noted, \u201cWe have received testimonies from repatriated prisoners confirming that they were forced to sign forged documents written in Azerbaijani, without understanding their content. This demonstrates a clear pattern of coercing prisoners into providing false information and signing documents with content they neither dictated nor comprehended.\u201d<\/p>\n\n\n\n Kalfayan then addressed the involvement of the Armenian government in the trials. \u201cWe don\u2019t know whether in the negotiations between the two states, the case of the prisoners is on the table or not. At least there is no official information about this. Neither the Azerbaijani government nor the Armenian government are talking about it,\u201d Kalfayan said. \u201cSome Armenian officials sometimes have made very strange statements about Artsakh people and the leadership of Artsakh.\u201d<\/p>\n\n\n\n He referred to the statement by Parliament Speaker Alen Simonyan<\/a> who in response to a question about the possibility of returning to his homeland by an Armenian from Artsakh who had fled, replied that the person could have stayed and fought instead of running away.<\/p>\n\n\n\n He added, \u201cThis behavior is not acceptable when you know people are there in prison and are ill-treated, under the threat of life imprisonment, you cannot say such things. This is very worrying that such things are said in Armenia. I also remind you that a few months ago the Prime Minister Nikol Pashinyan made an enigmatic declaration about Vardanyan.\u201d<\/p>\n\n\n\n Kalfayan said when the premier was asked why he does not take care of the Vardanyan case, he replied, \u201c\u2018Who is he? Is he a citizen of Armenia? Why did he abandon his Russian citizenship?\u2019\u201d<\/p>\n\n\n\n In addition, both suggested that those prisoners should be treated as political prisoners, rather than relegated to the role of terrorist or criminal.<\/p>\n\n\n\n \u201cThose prisoners, especially eight leaders, are there because of the dispute between the two states, because of the dispute over Nagorno Karabakh. They are political prisoners in all aspects. Since all of them are Armenian nationals, their case should be handled by the Armenian government. This is objectively we have not seen specific actions taken in favor of these prisoners while international legal instruments and diplomatic forums exist,\u201d Kalfayan said. \u201cWe are trying to orient them to those instruments.\u201d<\/p>\n\n\n\n End of Trial<\/strong><\/p>\n\n\n\n The coverage of the trials \u2014 especially that of Vardanyan \u2014 seems to indicate that truly there is no expectation of a just trial. After the interview with Kalfayan and Sahakyan, Vardanyan\u2019s family announced that he has embarked on a hunger strike. This week, his lawyer indicated a deterioration of Ruben Vardanyan\u2019s health.<\/p>\n\n\n\n Sahakyan said, \u201cWe are closely monitoring the scheduling of the hearings and have observed that the trial process is being expedited. A verdict is expected within a few months,\u201d she said. \u201cThe proceedings may only last a few more months. The verdict is highly predictable \u2014 conviction with a severe sentence, most likely life imprisonment or a long-term sentence exceeding 20 years,\u201d she said. \u201cSeveral dozen Artsakh natives have already been convicted in Azerbaijan, including prisoners of war who should have been granted immunity from criminal liability for actions inherent to their combatant status.\u201d<\/p>\n\n\n\n She added, \u201cThese combatants were convicted for charges such as illegal possession of weapons and unlawful border crossing, which clearly demonstrates the politicization of these trials,\u201d Sahakyan said. \u201cThere has not been a single case where the Azerbaijani judiciary has administered proper justice or acquitted an Armenian defendant. Every Armenian who has appeared before Azerbaijan\u2019s justice system has been convicted. We are certain that all verdicts are predetermined, and conviction is the inevitable outcome.\u201d<\/p>\n\n\n\n And just how were the Armenians currently detained found?<\/p>\n\n\n\n \u201cWhat we know publicly is Azerbaijan had a list of 300 people that were wanted\u201d in Artsakh, Kalfayan said. \u201cThe dark side of this is in fact we don\u2019t have explanations for why they arrested these eight leaders. We can make some assumptions,\u201d he explained.<\/p>\n\n\n\n For example, they were all leaders, even Vardanyan, though he had a very short tenure there, \u201cThey are probably symbols,\u201d he said. \u201cDavid Babayan, the former minister of foreign affairs surrendered by himself. It was quite strange, but less officially, we know that at the time of leaving, the Azerbaijani forces had pressured the families. The leaders had to surrender, otherwise, Azerbaijani forces may have caught the whole family.\u201d<\/p>\n\n\n\n He added, \u201cI find the situation quite terrible. For me, the peace treaty negotiations and the release of Armenian prisoners should have been disconnected.\u201d The release of the Armenian prisoners must be a preliminary step by Azerbaijan, a guarantee of good intentions on the part of the authorities of that State for reconciliation and sustainable peace, he suggested.<\/p>\n\n\n\n For now, the Armenian political prisoners are facing a perilous journey, living in a hostile society that would like nothing more than to serve them a mockery of justice.<\/p>\n\n\n\n Alin K. Gregorian<\/strong><\/a> \/ The Armenian Mirror-Spectator<\/a><\/strong><\/p>\n","protected":false},"excerpt":{"rendered":" WATERTOWN \u2014 The fate of the Armenian leadership of Karabakh (Artsakh), who were arrested in September 2023, after Azerbaijani forces staged a brutal attack on the enclave, taking it over entirely, remains bleak as their trials in Baku are underway. Recently, two attorneys who are working on the cases of the eight spoke about the […]<\/p>\n","protected":false},"author":1,"featured_media":828,"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-827","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\/827","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=827"}],"version-history":[{"count":1,"href":"https:\/\/freearmenianhostages.net\/index.php?rest_route=\/wp\/v2\/posts\/827\/revisions"}],"predecessor-version":[{"id":829,"href":"https:\/\/freearmenianhostages.net\/index.php?rest_route=\/wp\/v2\/posts\/827\/revisions\/829"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/freearmenianhostages.net\/index.php?rest_route=\/wp\/v2\/media\/828"}],"wp:attachment":[{"href":"https:\/\/freearmenianhostages.net\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=827"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/freearmenianhostages.net\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=827"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/freearmenianhostages.net\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=827"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}