Ombudsman’s Statement on the UN International Day in Support of Victims of Torture
26 June is an opportunity to call on all stakeholders including UN Member States, civil society and individuals everywhere to unite in support of the Armenian prisoners of war and civilian captives held in the prisons of Azerbaijan under unbearable conditions being systematically subjected to physical and psychological torture by the Azerbaijani officials and military personnel.
According to all relevant instruments, torture is absolutely prohibited and cannot be justified under any circumstances – whether a state of war, a threat of war, internal political instability, or any other public emergency or national security situation. The systematic or widespread practice of torture constitutes a crime against humanity.
The ad-hoc report published by the Human Rights Defender of the Republic of Artsakh (Nagorno-Karabakh) compiles Azerbaijan’s criminal proceedings against Armenian POWs and civilian captives which is a material breach to 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 to which Azerbaijan is a state party.
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In total, 45 Armenian captives who survived inhuman treatment and were acknowledged by Azerbaijan were convicted and sentenced to various jail terms under fabricated charges intentionally changing their status from captives to “terrorists.”
The evidence-based report published by the Human Rights Defender of the Republic of Armenia in 2021, reveals the shocking details regarding the systematic torture and degrading treatment of Armenian prisoners of war and civilian captives held in Azerbaijan. During the interview with 40 repatriated POWs and 10 civilian captives they testified to physical torture and abuse and deprivation of adequate food, water, sleep and medical attention, with no distinction between the treatment of detained combatants and civilians by the prison and military personnel.
From the onset of the war, the Azerbaijani government established a mechanism for processing and maintaining incoming captives in a way that allowed abuse, beatings, torture, harassment, and intimidation to be the norm. The mistreatment would begin as soon as individuals fell into captivity-often being beaten, tortured, and humiliated by the military personnel who had taken them captive.
During the 2020 war, 40 civilians, citizens of the Republic of Artsakh mainly elderly who remained in villages that came under the control of Azerbaijan were brutally killed after being tortured.
Azerbaijani militaries demonstratively circulated manifestations of extreme cruelty they applied towards the Armenian POWs and civilian captives, posting scores of videos to social media which included scenes of cruel beatings, using sharp metal rods to prod their bodies, beheadings while they were alive, and other abominable and humiliating treatment scenarios.
So far none of the Azerbaijani perpetrators of war crimes against Armenians during and after hostilities were punished by Azerbaijan. The perpetrators spared no effort to hide their identity as they knew they would not be punished for the crimes, but rather would be praised on a state level.
Azerbaijani authorities resorted to cruelty and used torture even towards its own civilians when they announced an investigation into the notorious “Tartar case” in which dozens of military officers accused of spying for Armenia were tortured.
Despite the absolute prohibition of torture under international law, torture-psychological and physical persists in all actions of Azerbaijan in relation to the people of Nagorno-Karabakh which is evidenced today in the face of months-long total blockade of Artsakh by Azerbaijan.
Azerbaijan’s pattern of using extreme cruelty and torture towards Armenians comes through generations, during pogroms in various stages of history against Armenians, active hostilities in Nagorno-Karabakh and today after the end of active hostilities towards civilian population with a single extremist purpose unchanged through the years – to leave no Armenian in the world.
Such behavior by the Azerbaijani militaries is inspired by the years-long state-sponsored Armenophobia policy promoted by the leadership of this country and the atmosphere of absolute audacity and impunity which still lead to pervasive consequences.
All forms of torture are prohibited by international law on words but sadly, not put into action by the respective structures which leaves the Armenian captives in unlawful conviction under continuous threat of torture and inhuman treatment.
The Human Rights Defender’s Staff of the Artsakh Republic