May 182017
 

MOSCOW, PARIS, WASHINGTON D.C., 18 May, 2017 – The Co-Chairs of the OSCE Minsk Group, Ambassadors Igor Popov of Russia, Stephane Visconti of France, and Richard Hoagland of the United States of America, released the following statement today:

According to information collected from multiple reliable sources, on 15 May, Azerbaijani armed forces fired a missile across the Line of Contact, striking military equipment. On the evening of 16 May and continuing into 17 May, Armenian armed forces retaliated with mortar fire of various calibres. These actions by both sides represent significant violations of the ceasefire and are cause for alarm.

There are contradictory reports regarding the targets of these recent strikes, as well as about casualties sustained and damages inflicted. The Minsk Group Co-Chairs and the Personal Representative of the OSCE Chairperson-in-Office continue to collect further data and analysis to gain more complete and accurate information about the current situation.

The Co-Chairs condemn these recent ceasefire violations and call upon the sides to take all necessary measures to prevent any further escalation in the conflict zone.


Source: OSCE Minsk Group page

Dec 092016
 

The report released by the Human Rights Defender (Ombudsman) of Artsakh Republic highlights the war crimes committed by Azerbaijan during the 4-day war in April, 2016 (torture, execution and mutilation of dead bodies). The findings are based on the results of Ombudsman’s fact-finding mission and the publicly available information.

The conclusions of the report are as follows:

  1. During the 2016 April war, the Azerbaijani AF committed war crimes of torture, execution, and mutilation. The war crimes had a systemic and well-organized nature, as they were committed in all three areas by all the regiments of the Azerbaijani armed forces that established control over the NKR civilians or NKDA servicemen on April 2, 2016.
  2. None of the 3 civilians and, presumably, the 4 combatants hors de combats survived the control of the Azerbaijani armed forces. Their murders seem to be executions merely for being Armenian.
  3. 27 out of the 31 NKR civilians and NKDA servicemen (about 90%), who fell under control of the Azerbaijani armed forces as a result of the Azerbaijani military aggression against NKR, were tortured, executed, or mutilated.
  4. All the NKR civilians under Azerbaijani control were executed and mutilated. One of them, a 92 year old woman, was also tortured.
  5. Three NKDA servicemen were beheaded. Two of them were beheaded postmortem, and one was executed by ISIS-style decapitation.
  6. The most widespread war crime was mutilation (24 cases), including 21 cases of ear cuts-offs. There were 5 cases of torture (including hands cut off, and throats cut). There were 7 cases of execution, mostly by gun-shots.
  7. Under the IHL, Azerbaijan bears State Responsibility for the war crimes of its armed forces, and has an obligation to investigate and properly prosecute the perpetrators and others who bear responsibility. The perpetrators and their commanders are also individually responsible.

File: Second Interim Report on Atrocities committed by Azerbaijan during the 2016 April War
Source: Artsakh Ombudsman (Human Rights Defender) Continue reading »

Mar 172016
 

The European Commission against Racism and Intolerance (ECRI), established by the Council of Europe, is an independent human rights monitoring body specialised in questions relating to racism and intolerance. It is composed of independent and impartial members appointed on the basis of their moral authority and recognised expertise in dealing with racism, xenophobia, antisemitism and intolerance.

In the framework of its statutory activities, ECRI conducts country monitoring work, which analyses the situation in each of the member States regarding racism and intolerance and draws up suggestions and proposals for dealing with the problems identified.

Here is what the 2016 ERCI report on Azerbaijan says about recurrent hate speech towards Armenians:

25. Other sources confirm recurrent hate speech towards Armenians, which is connected with the conflict over Nagorno-Karabakh, the frequent ceasefire violations at the contact line and the resulting deaths and injuries. The Advisory Committee of the Framework Convention for the Protection of National Minorities (ACFC) for example noted “a persistent public narrative surrounding the conflict over Nagorno-Karabakh identifying [in]variably Armenia or Armenians as ‘the enemy’ and openly promulgating hate messages”. According to other sources, there is a conflict-ridden domestic political discourse and Azerbaijan’s leadership, education system and media are very prolific in their denigration of Armenians. Political opponents are accused of having Armenian roots or of receiving funds from Armenian sources. An entire generation of Azerbaijanis has now grown up listening to constant rhetoric of Armenian aggression. According to a 2012 survey, 91% perceived Armenia as Azerbaijan’s greatest enemy. As a result, the Armenians living in the country need to hide their ethnic affiliation and there is no organisation of the Armenian minority in the country with which ECRI’s delegation could have met. The human rights activists Leyla and Arif Yunus, who worked inter alia towards reconciliation with Armenia, have been arrested and sentenced under controversial accusations to heavy prison terms. Both were conditionally released at the end of 2015.

[…]

38. ECRI has not received any official information about violent hate crime based on ethnic affiliation committed in Azerbaijan in the last five years, but, given the ongoing conflict over Nagorno-Karabakh, ECRI is concerned that the on-going waves of hate speech create a risk of violence. In this connection ECRI expressed, in a press release of 4 September 2012, its consternation at the pardoning and release of Ramil Safarov, shortly after he had been transferred from Hungary to Azerbaijan in order to serve there a sentence of life imprisonment imposed by a Budapest court for the murder of an Armenian army officer in 2004. Moreover, Ramil Safarov was promoted to the rank of major, given a flat and the pay he had lost since his arrest in Hungary. In its press release, ECRI pointed out the risk that such action could cultivate a sense of impunity for the perpetrators of racist crimes of the most serious nature.


File: 2016 ERCI Report on Azerbaijan
Source: Publications, European Commission against Racism and Intolerance (ECRI)

Feb 012016
 

“Why is the Nagorno-Karabakh conflict still not Resolved”

KocharyanBy Shavarsh Kocharyan
MIA Publishers, Yerevan 2016

The current phase of the Nagorno-Karabakh issue has started since the last years of the existence of the USSR and turned into a conflict as a result of the policy of power adopted by Azerbaijan in response to the implementation of the right to self-determination by the people of Nagorno-Karabakh. The Nagorno-Karabakh conflict differs from other conflicts of the former Soviet area by the fact that the people of Nagorno- Karabakh impeccably implemented its right to self-determination within the legal frameworks before the collapse of the Soviet Union.

The Nagorno-Karabakh conflict was the bloodiest conflict of the post-Soviet area with tens of thousands of victims, hundreds of thousands of refugees and massive destruction. The military phase of the confl ict ended in May 1994 with an open-ended ceasefire agreement. Notably during the past 22 years the large-scale military operations have not been renewed, and the relative peace has been preserved without the involvement
of international peacekeeping forces.
The mediators in the negotiation process of the Nagorno-Karabakh confl ict resolution are the 3 out of the 5 permanent members of the United Nations Security Council – Russia, the USA and France. Despite the consistent efforts of the mediators, the Nagorno-Karabakh confl ict remains unresolved. The main reason is that Azerbaijan acts in contrary to the purposes of the United Nations.

The opinions presented below may differ from the opinions of the Nagorno-Karabakh Republic (NKR).

FILES:

Jan 222016
 

VIENNA, 22 January 2016 – The Co-Chairs of the OSCE Minsk Group – Igor Popov of the Russian Federation, James Warlick of the United States of America, and Pierre Andrieu of France – welcome efforts to find a negotiated settlement to the Nagorno-Karabakh conflict and are prepared to work cooperatively with those committed to a peaceful settlement.

We understand that the Parliamentary Assembly of the Council of Europe (PACE) may consider resolutions on the conflict in the near future and remind PACE, and other regional and international organizations, that the Minsk Group remains the only accepted format for negotiations. We appreciate the interest paid by PACE members, but urge that steps not be taken which could undermine the Minsk Group’s mandate from the Organization for Security and Co-operation in Europe or complicate ongoing negotiations.


Source: OSCE Minsk Group page

Jun 162015
 

In the Grand Chamber judgment in the case of Chiragov and Others v. Armenia (application no. 13216/05) the European Court of Human Rights held, by a majority, that there had been:

a continuing violation of Article 1 of Protocol No. 1 (protection of property) to the European
Convention on Human Rights;

a continuing violation of Article 8 (right to respect for private and family life) of the Convention;
and

a continuing violation of Article 13 (right to an effective remedy).

The case concerned the complaints by six Azerbaijani refugees that they were unable to return to their homes and property in the district of Lachin, in Azerbaijan, from where they had been forced to flee in 1992 during the Armenian-Azerbaijani conflict over Nagorno-Karabakh.

There are currently more than one thousand individual applications pending before the Court which were lodged by persons displaced during the conflict over Nagorno-Karabakh.

In the applicants’ case, the Court confirmed that Armenia exercised effective control over Nagorno- Karabakh and the surrounding territories and thus had jurisdiction over the district of Lachin.

The Court considered that there was no justification for denying the applicants access to their property without providing them with compensation. The fact that peace negotiations were ongoing did not free the Government from their duty to take other measures. What was called for was a property claims mechanism which would be easily accessible to allow the applicants and others in their situation to have their property rights restored and to obtain compensation.


Source: ECHR Case of Chiragov and Others v. Armenia
File: ECHR Case of Chiragov and Others v. Armenia

ECHR Press Release with the summary: Grand Chamber judgment Chiragov and Others v. Armenia – Azerbaijani refugees’ lack of access to property

Jun 162015
 

In the Grand Chamber judgment in the case of Sargsyan v. Azerbaijan (application no. 40167/06) the European Court of Human Rights held, by a majority, that there had been:

a continuing violation of Article 1 of Protocol No. 1 (protection of property) to the European
Convention on Human Rights;

a continuing violation of Article 8 (right to respect for private and family life) of the Convention;
and

a continuing violation of Article 13 (right to an effective remedy).

The case concerned an Armenian refugee’s complaint that, after having been forced to flee from his home in the Shahumyan region of Azerbaijan in 1992 during the Armenian-Azerbaijani conflict over Nagorno-Karabakh, he had since been denied the right to return to his village and to have access to and use his property there.

It was the first case in which the Court had to decide on a complaint against a State which had lost control over part of its territory as a result of war and occupation, but which at the same time was alleged to be responsible for refusing a displaced person access to property in an area remaining under its control.

There are currently more than one thousand individual applications pending before the Court which were lodged by persons displaced during the conflict over Nagorno-Karabakh.

In Mr Sargsyan’s case, the Court confirmed that, although the village from which he had to flee was located in a disputed area, Azerbaijan had jurisdiction over it.

The Court considered that while it was justified by safety considerations to refuse civilians access to the village, the State had a duty to take alternative measures in order to secure Mr Sargsyan’s rights as long as access to the property was not possible. The fact that peace negotiations were ongoing did not free the Government from their duty to take other measures. What was called for was a property claims mechanism which would be easily accessible to allow Mr Sargsyan and others in his situation to have their property rights restored and to obtain compensation.


Source: ECHR Case of Sargsyan v. Azerbaijan
File: ECHR Case of Sargsyan v. Azerbaijan

ECHR Press Release with the summary: Grand Chamber judgment Sargsyan v. Azerbaijan – Armenian refugee’s lack of access to property

Jan 012015
 

“Nagorno-Karabagh: Legal Aspects”

Legal-Aspects-CoverMIA Publishers, Fifth Edition, Moscow 2015
By Shahen Avakian
The study covers the legal aspects of Nagorno Karabagh problem. It examines the issues of Law as they affected the legal status of Nagorno Karabagh.

The author is an expert of International Law. He has graduated from the Paris Sorbonne University and is specialized in International Public Law and International Organizations law.

This study is the fi fth revised edition and contains additional information and updates. The publications of the earlier editions of this research are also availble in Armenian, French, Russian, Arabic, Greek and Spanish.

FILES:

Continue reading »

Feb 052013
 

“Sponsored to Kill: Mercenaries and Terrorist Networks in Azerbaijan”

MIA Publishers, 2013
By Ioannis Charalampidis

This research is based on original testimonies, articles of reliable journals and newspapers and research of authoritative experts in the field. I would like to extend my gratitude to the Government of the Republic of Nagorno-Karabakh for providing copies of previously classified documents seized from the battlefield, which are published for the first time here.

Ioannis Charalampidis
Brussels, December 2012

FILE:

Dec 012012
 

“The Sumgait Syndrome. Anatomy of Racism in Azerbaijan”

MIA Publishers, 2012
By NGO “Against Xenophobia and Violence”

Sumgait is 26 kilometres from Azerbaijan’s capital, Baku, and was home to some 18,000 Armenians in 1988. On 26 and 27 February 1988, demonstrations were organised in Sumgait under the slogan
“Death to Armenians!” What took place on the streets of Azerbaijan during the following three days has been referred to ever since with the horrific name of “Sumgait”.
The massacre of Armenians in Sumgait, February 27–29, were merely a continuation of the Azerbaijani authorities’ unswerving policy of racism towards Armenians and ethnic cleansing of the Armenian population, with unpunished killings and deportations.

FILE:

Continue reading »