HRC 57. Item 3. ID with WG on enforced disappearances

Delivered by Mrs. Hrachuhi Katvalyan, Deputy Permanent Representative

President,

Armenia welcomes the Working Group and commends its commitment to the advancement of the mandate.

We agree with observations that growing decline in the rule of law and democratic principles had a negative impact on right not to be subjected to enforced disappearances. We believe that States that practice enforced disappearances domestically can extend this heinous practice also internationally and apply during the wars.

We keep continuously communicating to this mandate about the fate of numerous Armenians subjected to enforced disappearances by Azerbaijan in the context of the Nagorno-Karabakh conflict. The Human Rights Watch reported that "a number of missing Armenian soldiers were last seen in Azerbaijan's custody and it has failed to account for them." The UN Mandate Holders observed that Azerbaijan failed to respond on "measures taken to inform the families of disappeared about their fate and the exact whereabouts."

Meanwhile, the UN CAT has reported about the "severe and grave violations of international humanitarian law and human rights law committed by Azerbaijani military forces against prisoners of war and other protected persons of Armenian ethnic or national origin."

We ask the Working Group to remain seized of the matter.

I thank you.

Right of reply

President,

Armenia exercises its right of reply to Azerbaijan.

Azerbaijan never acceded to the First Additional Protocol to the Geneva Conventions, never ratified the Convention on Enforced Disappearances and constantly violates the humanitarian principles contained therein. Enforce disappearances were widely used by Azerbaijan against Armenians in the course of the Nagorno-Karabakh conflict.

The UN CERD expressed its deep concern with regard to the violations committed by Azerbaijani military forces against Armenian PoWs, including extrajudicial killings, torture and other ill-treatment and arbitrary detention.

Dozens of Armenian servicemen were last videotaped or photographed in Azerbaijani custody before disappearing. Those images can also be used to investigate the Azerbaijani servicemen who contacted with them. The UN CAT expressed its deep concern on "the recording and dissemination of videos that appear to depict horrifying acts involving beheadings of living individuals, the desecration and mutilation of corpses and acknowledgment on camera by the perpetrators of responsibility for such abuses in a manner that strongly suggests that they did not fear being held accountable."

The Human Rights Watch reported that "scores of videos showing scenes in which Azerbaijani officers can be seen apparently ill-treating Armenian POWs have been posted to social media. Human Rights Watch closely examined and verified more than 20 of these videos."

The UN Committee against Torture expressed deep concern on the violation of IHL by "Azerbaijani military forces against prisoners of war and other protected persons of Armenian ethnic or national origin, including extrajudicial killings, torture and other ill-treatment."

Azerbaijan has repeatedly obstructed searches for and repatriation of the remains of the ethnic Armenians in the territories under its control. The plight of more than 1000 Armenian missing persons and enforced disappearances remain unknown.

The 2023/24 report of the Amnesty International on Azerbaijan found no progress in investigating alleged war crimes and violations of international humanitarian law in previous years, including disproportionate and indiscriminate attacks by Azerbaijani military forces as well as credible evidence of violence, including killings of civilians and prisoners of war by Azerbaijani forces.

On November 2021 Azerbaijan announced an amnesty for all those who participated in the war against Nagorno-Karabakh conveniently putting to rest even the theoretical possibilities of accountability for the committed crimes.

I thank you.

Public link

Please use the above public link if you want to share this noodl on another website.