HRC 56: Interactive Dialogue with the Special Rapporteur on extrajudicial, summary or arbitrary executions

Delivered by Ms. Hrachuhi Katvalyan, Deputy Permanent Representative

President,

Armenia concurs with the Special Rapporteur that State obligations require effective protection and investigation of the dead, particularly in the context of the conflict situations.

In this regard, we note the references of his mandate to the pattern of extrajudicial executions of ethnic Armenians committed by armed forces of Azerbaijan. These cases include the desecration and mutilation of bodies of the dead, including women that were reported by the joint communications of the special procedures dispatched to Azerbaijan.

The UN Committee against Torture has also expressed its deep concern on crimes committed by Azerbaijan and (I quote) "recording and dissemination of videos that appear to depict horrifying acts involving beheadings of live individuals, desecration and mutilation of corpses, and acknowledgment on-camera by the perpetrators of responsibility for such abuses in a manner that strongly suggests they did not fear being held accountable." The Committee further warns that the offenders were not sentenced.

The UN CERD too has expressed its grave concern with regard to the violations of IHL by Azerbaijan and the lack of accountability.

We believe that the human rights mechanisms should remain seized of this matter to ensure the accountability, justice and redress.

Thank you.

Right of Reply

President,

Armenia exercises its right of reply to repudiate baseless allegations of Azerbaijan.

In a joint communication addressed to Azerbaijan in 2022 the UN mandate holders reported that (I quote) "video footage shows the desecration of the dead bodies of soldiers, presumably Armenian soldiers, by Azerbaijani soldiers, purposefully kicking and stepping on them while engaging in hate speech against Armenians. The mistreatment of bodies depicted in the video footage also includes the mutilation of bodies of women."

In an earlier communication dispatched in 2021 they expressed most serious concern at (and I quote) "intentional extrajudicial killings and cruel, inhuman or degrading treatment and even amounting to torture of hors de combat Armenian soldiers as well as outrages upon personal dignity and disrespectful treatment of human remains."

The Mandate Holders asked for (I quote) "factual and legal reasons for the continued detention of PoWs after the cessation of hostilities and measures to inform the disappeared about their fate and the exact whereabouts."

They stressed that these violations could amount to various war crimes in contravention of the Geneva Conventions of 1949. It is very telling that Azerbaijan still holds 23 Armenian Prisoners of war and civilian detainees behind the bars.

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.

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.

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