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Yeghishe Kirakosyan, Armenia’s representative before the ECHR, on Monday issued a statement urging Armenians to refrain from public discussions on the issue of Armenian prisoners of war (POWs) illegally prosecuted in Azerbaijan on trumped-up charges, taking into account the sensitivity of the matter. The full text of the statement is provided below.

"According to information obtained from open public sources within the framework of interstate legal proceedings initiated by the Armenian government in the European Court of Human Rights, the Azerbaijani authorities are currently carrying out illegal criminal prosecution against Armenian nationals who were taken prisoner as a result of the war unleashed on September 27, 2020 and to date they are being held in Azerbaijan in flagrant violation of international humanitarian law.

The government of Armenia has repeatedly stated and reaffirms its position that the persons held in Azerbaijan are prisoners of war and abducted civilians and are under the protection of the Geneva Convention of 1949. Any criminal case initiated against Armenian prisoners is devoid of a legal basis and clearly contradicts the norms of international law.

Moreover, the whole process of criminal prosecution by the Azerbaijani authorities against Armenian POWs and civilian captives on the basis of fabricated charges is accompanied by gross violations of the guarantees of the fundamental right to a fair trial.

In particular, persons prosecuted under both international human rights law and international humanitarian law should enjoy a minimum set of guarantees, including the presumption of innocence, the right to information about the charges brought (ground, nature), which must be provided in a timely manner and in an understandable language, the right to sufficient time and opportunities for defense, the right to self-defense or defense with the assistance of a lawyer provided, the right to use the assistance of an interpreter free of charge, etc. These mandatory legal guarantees are violated by the Azerbaijani authorities, which has been repeatedly confirmed by a number of international organizations, including the ECHR.

Taking into account the abovementioned, the Office of Armenia’s Representative before the ECHR has repeatedly appealed to the ECHR with demands to end criminal prosecution against these persons, to release them or to guarantee their rights otherwise. However, given that the only urgent remedy under the ECHR’s legal mechanisms is the possibility of applying an interim measure under Rule 39 of the Rules of Court, which is unfortunately very limited and applies mainly in the event of an irreversible risk of a breach of the right to life or non-torture, the ECHR refrains from interfering with the criminal prosecution of these individuals.

The Office of the Armenian Representative before the ECHR, together with the competent authorities and other interested persons, continues professional discussions on the possibility of using other international legal mechanisms and effective tools to obtain information on the illegal criminal prosecution of captured Armenians in order to somehow intervene with them or to prevent them.

Considering that the ongoing international legal processes are complex and multi-layered, as well as the fact that the Azerbaijani authorities are trying to use any opportunity to “legitimize” the fake criminal charges brought by them, the Office of Armenia’s Representative before the ECHR expresses its readiness to cooperate with all interested lawyers, advocates, the Chamber of Advocates or other individuals and/or human rights organizations and urges them to discuss and agree on all measures with the representation of Armenia before the ECHR before taking action.

At the same time, given the sensitivity and extreme importance of the matter, we urge you to refrain from unnecessary manipulations and public discussions on the issue.”