Law 18:51 14/08/2013

MoD calls on ICRC to organize and secure safe return of RA citizen to Armenia

On the night of August 8th, the citizen of the Republic of Armenia Hakob Gevorg Injighulyan who lost his bearings on the terrain and inadvertently crossed the Line of Contact was subsequently found in the area of protection of Azerbaijani troops and captured by the latter.

As of today ICRC Baku office has not been granted an access to the Armenian citizen kept in Azerbaijani captivity which we find at least perplexing given the mandate and prestige of ICRC.

Moreover we would like to inform you that the Azerbaijani media outlet ''Haqqin.az'' uploaded and disseminated on the Internet Hakob Gevorg Injighulyan's ''interview'' with an Azerbaijani information agency (www.haqqin.az/news/8462). In this footage as it was later confirmed cynically by Eldar Sabiroghlu, Press Secretary of the Ministry of Defense of the Republic of Azerbaijan in his interview on August 13th, Hakob Injighulyan was dressed in Azerbaijani uniform “to understand the difference between the Armenian and Azerbaijani uniforms” which was aimed to put moral and phycological pressure on him and abuse his dignity.

This comes in violation of numerous provisions of Geneva Conventions:
Particularly, Article 13 of the Geneva Conventions. (III) constitutes that POWs “…must at all times be protected, particularly against acts of violence or intimidation and against insults and public curiosity” by the detaining power. In other words, the detaining power has to keep a Person under the protection from the curiosity of media and has to prevent the publication of images and videos in which this person can be recognized.

Further, the commentary of Article 27 Geneva Convention (III) states that “…Prisoners may in no case be obliged to wear the uniform of the Detaining Power if they consider that their honor does not so permit” (www.icrc.org/ihl/COM/375-590034?OpenDocument).
Article 7, Geneva Convention (III) says that persons under protection “… in no circumstances renounce in part or in entirety the rights secured to them by the present Convention…”.

The Armenian authorities have been informed by the ICRC that its Baku office is pursuing its efforts to visit Hakob Gevorg Injighulyan through its on-going dialogue with the detaining power. Hopefully the ICRC will succeed preventing any unwanted consequences.
Outrageous deaths of the citizens of the Republic of Armenia Gor Manasaryan and Manvel Saribekyan captured in 2008 and 2010 and killed while being under the protection of the detaining power whom the ICRC failed to visit and the fact that none of the perpetrators of these fearsome crimes has been punished as of today are tragic precedents. These kind of crimes should be condemned and prevented by all means.

Thereby, the Armenian Commission on POWs, Detainees and missing in action express their concern about the situation and asks the ICRC to strengthen its efforts to visit Hakob Gevorg Injighulyan.

Once again it is reiterated plea to ICRC to assure Hakob Injighulyan that the case will bear no legal consequences for him despite the recent footage on Azerbaijani media outlets and to facilitate the secure and prompt repatriation of the citizen of Armenia should the Azerbaijani side show willingness.



Source Panorama.am
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