Relatives and representatives of Armenian detainees unlawfully held in Azerbaijan have sent a letter to Armenia’s Minister of Foreign Affairs, Ararat Mirzoyan; the Head of the Federal Department of Foreign Affairs of the Swiss Confederation, Ignazio Cassis; and the President of the International Committee of the Red Cross, Mirjana Spoljaric Egger, requesting the activation of the Protecting Power mechanism within the framework of international humanitarian law. This was reported by the “Center for International and Comparative Law,” headed by Siranush Sahakyan, the representative of Armenian prisoners of war at the European Court of Human Rights.
“We, the undersigned relatives and representatives of Armenian captives currently being unlawfully held in Azerbaijan, express our deepest concern following the complete closure of the International Committee of the Red Cross office in the Republic of Azerbaijan. This development has gravely exacerbated the already dire situation of our relatives, leaving us in a state of profound uncertainty regarding their fate and wellbeing.
Considering these circumstances and recalling the obligations set forth under international humanitarian law, we respectfully but firmly urge the Government of Armenia to extend a formal invitation to the Government of the Swiss Confederation to assume the role of Protecting Power. Such an intervention is both necessary and urgent to ensure that the rights, safety, and dignity of our relatives are safeguarded through internationally recognized mechanisms of protection.
While we are mindful that the institution of the ‘Protecting Power’ has, in recent decades, fallen into disuse and may appear unusual in today’s context, the exceptional and unlawful circumstances we face today demand precisely such exceptional measures. Azerbaijan’s continued incommunicado detention of Armenian captives, without access by their families, independent lawyers, or impartial humanitarian actors, constitutes a flagrant breach of its obligations under international humanitarian law, including the Geneva Conventions,” the letter states in part.
Noting that at least 19 individuals are currently being held in Baku, their relatives emphasize that this situation has created a serious vacuum in the protection of rights, resulting in a high risk of violence, ill-treatment, and even enforced disappearance.
“In view of these urgent and extraordinary circumstances, and recalling Switzerland’s status as host State and principal supporter of the ICRC in its role as guardian of international humanitarian law, we hereby respectfully but firmly request:
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The Government of Armenia to extend a formal invitation to the Government of the Swiss Confederation to assume the role of Protecting Power with respect to all Armenian captives currently held in Azerbaijan.
The Government of the Swiss Confederation to accept this invitation and to act as the Protecting Power, thereby ensuring the captives’ rights, dignity, and protection to the fullest extent possible, and providing the guarantees that Azerbaijan has unlawfully denied.
The International Committee of the Red Cross (ICRC), in its capacity as substitute for a Protecting Power, to support this appointment and to assist Switzerland in fulfilling its functions as Protecting Power in relation to the Armenian captives unlawfully detained in Azerbaijan.
Time is of the essence. Continued inaction risks further aggravating the suffering of those unlawfully detained and increasing the threats to their lives and physical integrity. We therefore respectfully call upon the Government of the Republic of Armenia and the Government of the Swiss Confederation to take timely and appropriate measures within their respective mandates, and invite the International Committee of the Red Cross to extend its support, with a view to ensuring that international law is effectively upheld and that the rights of ethnic Armenians are duly protected in the face of ongoing violations,” the letter concludes.
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