Tovmasyan addresses OSCE Chairman-in-Office and Special Representative of the OSCE Chairperson-in-Office for the South Caucasus
Taguhi Tovmasyan, the Chairperson of the Standing Committee on Protection of Human Rights and Public Affairs addresses Zbigniew Rau, OSCE Chairman-in-Office, Minister of Foreign Affairs of Poland and Viorel Moșanu, Special Representative of the OSCE Chairperson-in-Office for the South Caucasus on the immediate repatriation of the Armenian prisoners of war kept in Azerbaijan. Opposition MP Taguhi Tovmasyan draws OSCE Chairman-in-Office’s attention on the unacceptable behavior by Azerbaijan to consistently politicize the problem of the repatriation of Armenian prisoners of war and to put forward new preconditions.
“Excellency,
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I am writing to inform you that more than a year has passed since the aggression unleashed by Azerbaijan against Artsakh on September 27, 2020 with the direct support of Turkey and the involvement of terrorist groups, that took forty four days, however the repatriation of the Armenian prisoners of war remains the most pressing issue that needs to be addressed immediately. In the current situation we can’t ensure real progress without the tough response by our international colleagues.
It is well known that delaying the humanitarian process of the immediate repatriation of the prisoners of war, holding them for political or military purposes is considered a crime, whereas Azerbaijan exhibits an absolutely unacceptable behavior of non-repatriating, politicizing the issue of the repatriation of the prisoners of war and setting new preconditions.
Azerbaijan, in complete disregard of its commitments under International Humanitarian Law owed towards the international community and in violation of the demands for interim measures imposed by European Court of Human Rights, conceals the real number of the Armenian prisoners of war and civilian internees under its control and unacceptably delays the humanitarian process of the immediate repatriation of these persons, including women. Azerbaijan conducts fake trials, the Armenian prisoners of war kept in Azerbaijan are subjected to inhuman torture on racial-religious grounds. Moreover, by initiating the illegal process of criminal prosecution under the false pretext, Azerbaijan is trying to deprive the Armenian prisoners of war and civilians under its control of their status, defined in the Geneva Conventions, as well as does not grant them the rights, privileges, and other guarantees provided by the mentioned Conventions.
It is worth mentioning that According to Article 118 of the Geneva Convention Relative to the Treatment of Prisoners of War of August 12, 1949 the ”prisoners of war shall be released and repatriated without delay after the cessation of active hostilities” Article 133, paragraph 1 of the Geneva Convention Relative to the Protection of Civilian
Persons in Time of War of 12 August, 1949 also stipulates that “Internment shall cease as soon as possible after the close of hostilities”.
The International Convention for the Protection of All Persons from Enforced Disappearance of February 6, 2007 stipulates that no one shall be subjected to enforced disappearance, even in the wartime. Denying the fact of existence of captives or concealing the information about the fate or whereabouts of a disappeared person is considered a crime under International Law.
Taking into consideration the above mentioned, I express my expectations that the Organization for Security and Cooperation in Europe headed by you will exert serious political pressure so that Azerbaijan respects its commitments under International Humanitarian Law owed towards the international community. Azerbaijan should carry out the humanitarian process of the immediate repatriation of Armenian soldiers and civilians captured by armed Azerbaijani servicemen without any precondition”.
