PACE passes resolution on humanitarian consequences of Nagorno-Karabakh conflict

YEREVAN, September 27. /ARKA/. At a meeting in Strasbourg on September 27, the Parliamentary Assembly of the Council of Europe (PACE) passed a resolution on the humanitarian consequences of the Nagorno-Karabakh conflict, Deputy Speaker of the National Assembly of Armenia Ruben Rubinyan said in a Facebook post. 

"Despite a string of recent attempts made by Azerbaijan to have the name of Nagorno-Karabakh removed from international documents (such an appeal was voiced by President of Azerbaijan from the UN rostrum two days ago), we managed to change the name and the text of the resolution, which includes the "Nagorno-Karabakh conflict” definition, which is very important," he said adding that the delegations of Azerbaijan and Turkey to PACE voted against the resolution. 

Rubinyan listed a number of points of the document, which he said are very important for the Armenian side.

Particularly, the Assembly noted that both Armenia and Azerbaijan joined the Council of Europe in January 2001 and pledged to resolve the conflict exclusively by peaceful means. Thus, the six-week war in 2020 is a violation of these commitments and requires a proper response from the Council of Europe.

The Assembly however noted the concerns of the European Court of Human Rights, communicated to the Committee of Ministers of the Council of Europe on 16 March 2021, in relation to 188 Armenians allegedly captured by Azerbaijan (some of whom have since been returned to Armenia). 

In this connection  PACE noted that under the Geneva Convention (III) Relative to the Treatment of Prisoners of War and Geneva Convention (IV) Relative to the Protection of Civilian persons in time of war, both Azerbaijan and Armenia have binding obligations to repatriate prisoners of war and release civilian persons without delay after the secession of active hostilities. 

PACE considers that the clear intention of Article 8 of the Trilateral statement (signed on November 10, 2010 by the leaders of Armenia, Azerbaijan and Russia) was the exchange of all detained persons, without distinction as to the status assigned by one or other of the parties. 

PACE is also deeply concerned about the fate of around 30 Armenians, allegedly seen, filmed or photographed in captivity, with no indication as to their current whereabouts. The Assembly is alarmed at allegations that these persons have been subjected to enforced disappearances and possibly killed. It called on the Azerbaijani authorities to expedite their investigations on this matter and provide relevant information to the European Court of Human Rights and to Armenia. 

PACE remains concerned about the conditions of detention of some 45 Armenians captured following the Tripartite Declaration, many of whom have been or are undergoing expedited trials, which raises the question of the need for a fair trial in accordance with the European Convention on Human Rights.

It calls on the Azerbaijani authorities to release all the remaining prisoners and return them to Armenia without delay. 

It also calls on the European Committee for the Prevention of Torture (ECRI) to make an extraordinary visit, despite the fact that the International Committee of the Red Cross has regular access. PACE reminds that all individuals in the Council of Europe area, including those living in conflict zones, are equally entitled to full protection under the European Convention on Human Rights, including via applicable monitoring mechanisms. 

PACE calls on all involved States to ensure unimpeded access of representatives of international independent humanitarian organizations and mass-media to the Nagorno-Karabakh region. The Assembly is also greatly concerned by the increase in incidents at various points of the border since May 2021. There have been deaths and injuries and Armenian soldiers have been taken captive. 

PACE condemns the destruction over the last 30 years of Armenian cultural heritage in Azerbaijan for which Azerbaijan is responsible, notably in Nakhchivan Autonomous Republic, and condemns the damage deliberately caused to cultural heritage during the 6-week war, and what appears to be the deliberate shelling of the St. Holy Saviour; Ghazanchetsots Cathedral in Shushi as well as the destruction or damage of other churches and cemeteries during and after the conflict. 

In light of past destruction, PACE remains concerned about the future of the many Armenian churches, monasteries, including the monastery in Dadivank, cross-stones and other forms of cultural heritage which have returned under Azerbaijan control. 

PACE expresses concern about a developing narrative in Azerbaijan promoting a “Caucasian Albanian” heritage to replace what is seen as an “Armenian” cultural heritage. It invites UNESCO to look into the developing narrative promoting a “Caucasian Albanian” heritage, to ensure it is not manipulated by either side. -0-