Thursday, May 20 2021 19:28

ArmInfo.The European Parliament voted 607 to 27  with 54 abstentions to adopt a resolution on Armenian Prisoners of  War, urging Azerbaijan to immediately and unconditionally release all  the Armenian prisoners, both military and civilian, detained during  or after the conflict. (44-day war in Artsakh - Ed. note).  The  European Parliament statement reads in particular:

 

- having regard to its previous resolutions on Armenia and  Azerbaijan,

- having regard to the EU-Armenia Partnership Council meeting of 17  December 2020 and the EU- Azerbaijan Cooperation Council meeting of  18 December 2020 and their respective conclusions,

- having regard to the Charter of the United Nations (UN), the UN  Convention Against Torture and Other Cruel, Inhuman or Degrading  Treatment or Punishment, the European Convention on Human Rights and  the Geneva Convention (III) relative to the Treatment of Prisoners of  War,

- having regard to the tripartite ceasefire statement by Armenia,  Azerbaijan and Russia of 9 November 2020, which came to effect on 10  November 2020,

- having regard to the Human Rights Watch report of 19 March 2021  entitled 'Azerbaijan: Armenian POWs Abused in Custody',

- having regard to the EU statement of 28 April 2021 on captives from  the recent conflict between Armenia and Azerbaijan,

- having regard to the Statements by the Co-Chairs of the OSCE Minsk  Group of 25 October 2020, 30 October 2020, 14 December 2020, 13 April  2021 and 5 May 2021,

- having regard to the European Court of Human Right's notification  to the Council of Europe's Committee of Ministers of 9 March 2021,  under Rule 39 of the Rules of the Court, of interim measures in  relation to the recent armed conflict between Armenia and Azerbaijan,

- having regard to Rules 144(5) and 132(4) of its Rules of Procedure, 

A. whereas since the first war over Nagorno-Karabakh between 1988 and  1994, the international community has been trying to broker a lasting  and comprehensive peace settlement for the Nagorno-Karabakh conflict,  led by the OSCE Minsk Group Co-Chairs; 

B. whereas the most recent armed conflict between Armenia and  Azerbaijan from 27 September to 10 November 2020 took the lives of  more than 5 000 soldiers, injured and killed hundreds and displaced  thousands of civilians; whereas it continues to afflict the  population owing to a lack of information about the whereabouts of  relatives, the return of only some prisoners of war and other captive  persons, problems with the return of human remains, impediments to  access to humanitarian assistance and the destruction of basic  infrastructure; 

C. whereas the people affected over the course of this long-standing  conflict have already experienced excessive suffering; whereas  overall, the conflict has led to extensive and unacceptable civilian  casualties; 

D. whereas hostilities ended after 44 days following an agreement on  a complete ceasefire in and around Nagorno-Karabakh between Armenia,  Azerbaijan and Russia, which was signed on 9 November 2020 and  entered into force on 10 November 2020; 

E. whereas point 8 of the tripartite ceasefire statement stipulates  that prisoners of war, hostages and other detainees, as well as the  remains of those killed, must be exchanged; whereas these exchanges  should be conducted according to the 'all for all' principle; 

F. whereas both Armenia and Azerbaijan are parties to the Geneva  Convention (III) relative to the Treatment of Prisoners of War, which  in Article 118 stipulates that prisoners of war must be released and  repatriated without delay after the cessation of active hostilities;  whereas Article 13 of the Geneva Convention (III) stipulates that  prisoners of war must at all times be humanely treated, any unlawful  act or omission by the Detaining Power causing death or seriously  endangering the health of a prisoner of war in its custody is  prohibited, and will be regarded as a serious breach of the  Convention; whereas the Convention also protects prisoners of war  (POWs) against acts of violence or intimidation, insults and public  curiosity; 

G. whereas military personnel and civilians detained before and after  the ceasefire enjoy different statuses under international law;  whereas, on the one hand, military personnel taken into captivity  before and after the ceasefire should be recognised as POWs and  benefit from protection under the Geneva Conventions; whereas, on the  other hand, civilians detained during the conflict must be recognised  as protected persons and are also protected under the Geneva  Conventions; whereas civilians detained after the ceasefire are  instead protected under international human rights law; 

H. whereas since the hostilities were suspended, several exchanges of  prisoners, both military and civilian, have been conducted, with the  most recent taking place on 4 May 2021; 

I. whereas according to worrying reports, approximately 200 Armenians  are being held in Azerbaijani captivity; whereas the European Court  of Human Rights (ECtHR) stated that it has received complaints  regarding 249 Armenians captured by Azerbaijan; whereas the ECtHR has  applied interim measures with regard to the 229 Armenians, and 183  still remain in force; whereas the ECtHR concluded on 9 March 2021  that Azerbaijan had failed to comply with the measures, judging the  information provided as too general and limited; whereas the  Azerbaijani authorities acknowledged that 72 Armenians are in their  captivity; whereas with regard to a further 112 individuals, no  information has been submitted by Azerbaijan to the ECtHR; whereas  the fate of the other Armenian POWs is unknown; whereas since the  cessation of hostilities, 73 Armenian POWs and civilians have been  repatriated to Armenia; 

J. whereas the ECtHR has also received complaints in relation to 16  Azerbaijanis allegedly captured by Armenia, 12 of whom were  repatriated in December 2020; whereas the ECtHR suspended its  examination under Rule 39 in relation to the other four individuals,  given the nature of the information received from the Government of  Armenia; 

K. whereas credible reports have been made that Armenian service  personnel and civilians have also been taken prisoner since the  cessation of hostilities on 10 November 2020; whereas the Azerbaijani  authorities claim that these hostages and prisoners are terrorists  and do not deserve POW status under the Geneva Convention;

L. whereas Human Rights Watch reported on 19 March 2021 that  Azerbaijani security and armed forces had abused Armenian POWs,  subjecting them to cruel and degrading treatment and torture either  when they were captured, during their transfer, or while in custody  at various detention facilities; whereas Azerbaijani forces have used  violence to detain civilians and have subjected them to torture and  inhuman and degrading conditions of detention, leading to the death  of at least two detainees in Azerbaijani captivity; whereas  Azerbaijani forces detained these civilians even though there was no  evidence that they posed any security threat that could justify their  detention under international humanitarian law; whereas Azerbaijan  denies accusations that Armenian POWs have been subjected to  treatment violating the Geneva Conventions; 

M. whereas videos circulated on the Internet and social media  reportedly show evidence of abuse and ill treatment of captives by  members of the armed forces of both sides; whereas there is no  indication that the Azerbaijani or Armenian authorities have  conducted prompt, public and effective investigations into these  incidents, or that the investigations, if any have taken place, have  resulted in criminal prosecutions; whereas there are allegations that  POWs and other protected persons have been subjected to extrajudicial  killings, enforced disappearances and desecration of the dead; 

N. whereas on 17 May 2021 the Commission announced the allocation of  an additional EUR 10 million in humanitarian aid to help civilians  affected by the recent conflict in and around Nagorno-Karabakh,  bringing the EU's assistance to people in need, since the start of  the hostilities in September 2020, to over EUR 17 million; 

O. whereas all sides should provide up-to-date maps of minefields to  permit civilians to return to former conflict regions; 

P. whereas the 'Park of Military Trophies' inaugurated in Baku on 12  April 2021 reportedly displays Armenian military equipment, wax  mannequins depicting dead and dying Armenian soldiers and models of  Armenian POWs chained in a cell, which may be perceived as a  glorification of violence and risks inciting further hostile  sentiment, hate speech or even inhumane treatment of remaining POWs  and other Armenian captive civilians, thereby perpetuating the  atmosphere of hatred and contradicting any official statements on  reconciliation; 

Q. whereas on 12 May 2021, troops from Azerbaijan temporarily entered  the territory of Armenia, which amounts to a violation of the  territorial integrity of Armenia and of international law; whereas  this violation of Armenian sovereign territory follows worrying  statements by Azerbaijani representatives, including the president,  which appeared to raise territorial claims and threaten the use of  force and thereby undermine the efforts towards security and  stability in the region; 

R. whereas the repatriation of human remains and the provision of  humanitarian assistance to populations severely affected by the  conflict has taken place over the past months; 

S. whereas renewed efforts are needed to build confidence between  both countries and make progress towards sustainable peace;

1. Demands the immediate and unconditional release of all Armenian  prisoners, both military and civilian, detained during and after the  conflict, and that Azerbaijan refrain from making arbitrary  detentions in the future; urges the parties to fully implement the  tripartite ceasefire statement of 9 November 2020, which provides for  an exchange of prisoners of war, hostages and other detainees, as  well as the remains of those killed during hostilities;

2. Deplores the violence that took place during the most recent war  between Armenia and Azerbaijan over Nagorno-Karabakh; expresses  solidarity with the victims and their families; deplores the  violation of the ceasefire, which led to further human suffering,  loss of life and destruction; condemns all attacks targeting  civilians and recalls states' obligation under international  humanitarian law to protect civilian lives;

3. Urges the Government of Azerbaijan to provide exhaustive lists of  all persons held in its captivity in connection with the armed  conflict and to provide information about their whereabouts and  health, including of those who have died in captivity;

4. Recalls that failure to disclose information regarding the fate  and whereabouts of missing persons may amount to enforced  disappearance, which both Azerbaijan and Armenia have committed to  preventing; calls on all sides to clarify the fate and whereabouts of  the disappeared and to treat dead bodies with dignity;

5. Demands that the Government of Azerbaijan respect legal  safeguards, allow access for lawyers, doctors and human rights  defenders to the Armenian prisoners and facilitate their  communications with relatives;

6. Expresses its grave concern about credible reports, according to  which Armenian prisoners of war and other captive persons have been  and are being held in degrading conditions, and that they have been  subjected to inhuman treatment and torture when captured or during  their detention; condemns all instances of torture and enforced  disappearances, including those perpetrated in armed conflict, as  well as the ill-treatment and desecration of bodies;

7. Calls on the Azerbaijani authorities to ensure that those still in  custody are provided with all protections required under  international human rights and humanitarian law, including freedom  from torture and inhuman treatment; calls on the Armenian and  Azerbaijani authorities to conduct independent, prompt, public and  effective investigations and prosecute all credible allegations of  grave breaches of the Geneva Conventions and other violations of  international law and war crimes, in order to ensure accountability  of those responsible and redress for the victims, possibly with the  assistance of an international dedicated mission; calls on the  Government of Azerbaijan to fully cooperate with the ECtHR to  investigate the validity of reports of dehumanising treatment of  Armenian prisoners and to hold those responsible to account;

8. Recalls that there is currently no publically available credible  information about Azerbaijani POWs and detainees in Armenian  captivity;

9. Reminds all the parties to the conflict of their obligation to  respect international humanitarian law, which prohibits torture and  other degrading or inhumane treatment, and reiterates that torture  and ill-treatment of POWs constitute war crimes;

10. Strongly condemns the incident that took place on 9 April 2021,  when the Azerbaijani authorities dispatched an empty plane which was  supposed to repatriate Armenian detainees; considers this a highly  insensitive act and, moreover, one that illustrates a generally  degrading attitude from Azerbaijan towards Armenian detainees and  their families;

11. Insists on the urgent need to refrain from any hostile rhetoric  or actions that may be perceived as inciting hatred or outright  violence or as supporting impunity, or that risk undermining the  efforts to establish and promote an atmosphere conducive to trust and  reconciliation, cooperation and sustainable peace;

12. Calls on the Government of Azerbaijan to cooperate fully with the  ECtHR on the issue of Armenian prisoners and to comply with the  interim measures of the Court, which ordered Azerbaijan to provide  detailed information on the conditions of detention of the prisoners,  their state of health and measures undertaken to return them;

13. Expresses its belief that a full exchange of prisoners and  remains of the deceased and the final settlement of this issue is a  humanitarian emergency, especially for the families of those  affected, and would be a first, desperately needed trust-building  measure to bring rudimentary stability to the region;

14. Calls on the Government of Azerbaijan to guarantee free and  unimpeded access to prisoners for relevant international  organisations, such as the International Committee of the Red Cross  and the European Committee for the Prevention of Torture and Inhuman  or Degrading Treatment or Punishment;

15. Highlights the urgent need to ensure that humanitarian assistance  can reach those in need, that the security of the Armenian population  and its cultural heritage in Nagorno-Karabakh is ensured, and that  internally displaced persons and refugees can return to their former  places of residence;

16. Strongly insists that both parties refrain from any actions  destroying Armenian heritage in Azerbaijan and Azeri heritage in  Armenia; calls for the full restoration of demolished sites and for  greater involvement of the international community in protecting  world heritage in the region;

17. Recalls the efforts of the international community spearheaded by  the Co-Chairs of the OSCE Minsk Group to find a peaceful, lasting,  comprehensive and sustainable solution on the basis of the OSCE 2009  Basic Principles (Non-Use of Force, Territorial Integrity, and the  Equal Rights and Self-Determination of Peoples) with the objective of  determining the future status of the Nagorno- Karabakh region;  recalls that this can only be achieved through a negotiated political  solution with genuine commitment from all concerned parties; calls on  the parties to resume high-level political dialogue at the earliest  opportunity, under the auspices of the Co- Chairs of the OSCE Minsk  Group; calls on the Armenian and Azerbaijani governments, as well as  international mediators, to systematically include women in the peace  process and consult with women human rights defenders;

18. Regrets that the EU Member States participating in the OSCE Minsk  Group were not present when the ceasefire agreement was brokered, and  that the EU did not demonstrate leadership in bringing two of its  highly valued Eastern Partners to the negotiating table;

19. Deplores the opening of the so-called Trophy Park in Baku, open  to the public since 14 April 2021, as it further intensifies long-  lasting hostile sentiments and undermines mutual trust between  Armenia and Azerbaijan; urges, therefore, that it be closed without  delay;

20. Calls on the Vice-President of the Commission / High  Representative of the Union for Foreign Affairs and Security Policy  (VP/HR) and the Commission to offer all necessary assistance to both  Armenia and Azerbaijan to consolidate the ceasefire, and support any  efforts leading to stability, reconstruction, confidence building and  post-war rehabilitation, as well as to closely follow the  implementation of the provisions of the ceasefire, especially with  regard to its monitoring mechanism; calls on the European External  Action Service, the Commission and the Member States to increase  their support for and cooperation with civil society and human rights  defenders, in particular in relation to restrictions on their work;  considers that the EU Special Representative for the South Caucasus  has an important role to play in this regard;

21. Calls on the Commission and the Member States to continue  supporting the provision of urgent humanitarian assistance and the  work of international organisations in this area and on the  protection of cultural and religious heritage, as well as to support  civil society organisations in Armenia and Azerbaijan that genuinely  contribute to reconciliation;

22. Calls on the VP/HR, together with the Member States, to also  address security, stability and regional cooperation in the South  Caucasus at the upcoming Eastern Partnership summit in autumn 2021;

23. Instructs its President to forward this resolution to the  Vice-President of the Commission / High Representative of the Union  for Foreign Affairs and Security Policy, the Council, the Commission,  the governments and parliaments of the Member States, the United  Nations Secretary-General, the OSCE Secretary-General, the Minsk  Group Co-Chairs, the President, Government and Parliament of Armenia  and the President, Government and Parliament of Azerbaijan.>