Armenian human rights defender emphasizes the inadmissibility of human rights politicizing or humanitarian issues in the post-war.
Return or release of prisoners does not depend on any political process. It is necessary to ensure immediately after the cessation of hostilities, it is said in a statement disseminated by the defender of human rights by Arman Toyatnaya on Monday, January 11.
"On December 28, 2020, the Permanent Representative of Azerbaijan to the United Nations sent a letter to the Secretary General of the Organization, which was distributed in the General Assembly and on the UN Security Council. In the letter, issues relating to citizens of the Republic of Armenia and their rights in Azerbaijan, so the defender of human rights of Armenia considers it necessary Tuping these points of the letter. In particular: 1. In the 6th paragraph of the Annex to the post office of Azerbaijan in the UN, it is said that "in the framework of the anti-terrorist event, the Azerbaijani authorities found that 62 Armenian military personnel, designed mainly from the Chirak region, are currently detained, in Azerbaijan, investigative actions are held in Azerbaijan ". In writing, Armenian servicemen are referred to as members of the sabotage group of the Armenian Armed Forces and it is indicated that they were sent to the Lachinsky District of Azerbaijan. Allegedly for the commission of terrorist acts against the personnel of the Azerbaijani Sun and civilians. The press is among other issues, a representative of Azerbaijan Using mainly information regarding the Armenian military servicemen who are captured in Azerbaijan, which is political conclusions, including UN proposal to take certain actions against Armenia. In the same principle, the letter states that Armenia violates a tripartite statement signed by Russia, Armenia and Azerbaijan on November 9, 2020.2. The Armenian Human Rights Defender states that it is absolutely represented by the issue of Armenian military personnel who are in captivity in Azerbaijan with territorial problems and explicitly politicize it. This grossly violates the post-war humanitarian process and international requirements guaranteeing human rights. The 62 citizen of Armenia, those mentioned in Azerbaijan, and all other Armenian soldiers are prisoners of war, they captured exclusively from the territories where their legal obligations to carry military service They must be released and returned to Armenia without any prerequisites. This conclusion is based on the results of monitoring and investigating the Defender of Human Rights of Armenia and was enshrined by reasonable evidence. Once, the criminal prosecution against 62 Armenian military personnel, which are captured in Azerbaijan, their arrest and, in particular, their characteristics as terrorists, is a gross violation of international humanitarian Rights and international legislation on human rights as a whole. They cannot be prosecuted or arrest for participating in hostilities.These requirements are enshrined, in particular, in the Third Geneva Convention from 1949.3. The Armenian Human Rights Defender also considers it necessary to particularly fix the fact of the inadmissibility of the politicization of human rights issues or humanitarian issues in the post-war process. Return or release of prisoners does not depend on any political process. This must be ensured immediately after the cessation of hostilities. This is a universal automatic requirement that exists in international law under any circumstances, regardless of whether it is enshrined in specific documents to resolve conflicts. The item of the 8th trilateral statement of November 9, 2020 has an autonomous value and should act exclusively with autonomous interpretation. . Its in any case should not be considered in connection with other clauses of the application or depending on it. It is absolutely unacceptable to interpret the tripartite statement of November 9, allegedly its action applies only to the situation before signing this statement. This approach roughly violates human rights and post-war humanitarian process. The specified statement should be applied to all situations both before and after November 10, until there is an objective need for the protection of human rights and the humanitarian process due to the consequences of hostilities. Moreover, the human rights advocate notes that in practice There were already cases when the Azerbaijani Armed Forces were taken captured by Armenians after a tripartite statement of November 9, but later they were returned to Armenia.5. It is fundamentally important that the Azerbaijani authorities tighten the return of 62 Armenian prisoners of war, a distorting legal process, artificially providing them with the status of suspects or accused, using the arrest as a punishment. Since international humanitarian law prohibits unjustified delays with the liberation of prisoners of war and characterizes this as a war crime, the advocate of human rights is clear that the Azerbaijani authorities clearly abuse legal procedures to achieve their goals. So the behavior of the Azerbaijani authorities directly contradicts the intentions of the parties signed on November 9 a tripartite statement. The fact is that in accordance with the requirement of paragraph of the 8th of this statement, the Republic of Armenia has already transferred to Azerbaijan two persons who have committed crimes and convicts in Artsakh, including for killing civilians. By the same principle of Azerbaijan handed over Armenia formally convicted in this countryThus, it also becomes obvious from the foregoing, that even taking into account the initiation of criminal case and attracting Armenian military personnel as suspects or accused, the delay in the return of prisoners is clearly artificial; This is not only the abuse of legal procedures and violation of international humanitarian law, but also contradicts the trilateral statement of November 9, 2020 and the intentions of the signatories by Party. The results of the study and investigations of the defender of Human Rights of Human Armenia consistently confirm that the authorities of Azerbaijan initially delayed the liberation of Armenian prisoners and other deprived of freedoms, consistently without calling the real number of proves. Moreover, the defender of the human rights defender evidence confirms that their number is more than Confirmed the authorities of Azerbaijan. We are also talking about the situation before the return of 44 prisoners. The human rights pricer registered many cases when, despite the cases confirmed by video recording and other evidence, the authorities of Azerbaijan refuse to recognize the fact of finding these people or delay the process of exploration. Experts show that such actions are aimed For the causation of mental suffering to the families of prisoners of war and Armenian society as a whole, as well as to preserve the tense atmosphere. This applies to equally degree of prisoners of war and civilians. The absolute relevance of the issue of the release of prisoners should also be considered in the context of the propaganda of Armenian and hostility organized in Azerbaijan. The reported by the defender of human rights Armenia reported on objective evidence is confirmed by the deep roots of Armenian Labor Policy in Azerbaijan, inciting hostility from the Azerbaijani authorities Even cultural figures. This question is closely connected with the letter of the Permanent Representative of Azerbaijan in the UN, as well as the Armenian servicemen primarily defended the rights of their compatriots - Armenians, as well as rights to preserve health, property and other vital rights. This issue is especially important against the background of war crimes and crimes against humanity, mass destruction of civilian settlements in Artsakh, who were committed by Azerbaijan, and such separate cases are still ongoing. Therefore, I pay attention to the UN and other international structures that have a mandate to protect human rights, questions affected in this statement.The highest authorities of the Armenian authorities during negotiations should also take into account the circumstances referred to in this statement of the defender of human rights. On the basis of these principles, the highest authorities of Armenia should act in this way or with such guarantees to ensure the unconditional return of our compatriots to their homeland in the framework of the Humanitarian Process and respect for human rights. "