The Response of Azerbaijani Ombudsperson to the allegations reflected in the report of Human Rights Watch for 2022

First of all, it should be noted that the reports and statements prepared by the international non-governmental organizations should be impartial, fair and free from double standards. But unfortunately, Human Rights Watch (HRW) continues its biased approach towards Azerbaijan by sharing baseless and biased information in social media and reflect them in its annual reports.

In its report for 2022 HRW indicates the resolved conflict as an unresolved conflict between Armenia and Azerbaijan which shows the real approach of the HRW to this issue. The HRW also ignores principles of international law by showing disrespect to the internationally recognized territorial integrity of Azerbaijan. Whereas, if the HRW could take effort and make objective investigation then it will see the rapid restoration and construction activities after liberation of the internationally recognized territories of Azerbaijan from the occupation of Armenia. 

Since the Trilateral Statement of the leaders of Azerbaijan, Russian Federation and Armenia of November 10, 2020, there has not been any case by Azerbaijani side which may threaten the lives of any person of Armenian nationality who live in Karabakh region of Azerbaijan. 

The 20 percent of internationally recognized territory of Azerbaijan had been under the occupation of Armenia for almost 30 years and one million people became IDPs due to this occupation. About 4000 people of Azerbaijani nationalities went missing since first Karabakh war and Armenia ignores to provide any information to their families. Why HRW did not take any substantial step to bring this gross violation of human rights to the attention of the world community for the restoration of this violation?

After liberation of the occupied territories of Azerbaijan it was found out that hundreds of thousands land mines were planted in those areas by Armenia which threaten the lives of civilians. In the report the HRW just refers to the statement of Azerbaijani Prosecutor General dated October 2022 saying that “since the 2020 ceasefire, through mid-October 2022, 34 civilians were killed and another 80 were wounded due to landmines in “Nagorno Karabakh” and the surrounding areas.” It should be noted that unfortunately the numbers of civilians who lost their lives or were wounded due to the land mine explosions increased since the last October. Since the end of the Second Karabakh War 274 people were hit by the land mines and 46 people were killed of which 36 were civilians. It is strange that the HRW never mentions the leadership of Armenia who directly involved in planting of these land mines during the occupation of these territories and refuses to provide the accurate map of unmarked land mines. 

Many reports on violation of human rights and the principles of humanitarian law during the war and post-war period were prepared and sent to the relevant international human rights organizations. In her ad-hoc report on land mine problem the Ombudsperson provided detailed information about the threat of land mines and stressed the need of rapid resolution of this problem which undermines peace-building process in the region. This report had been sent to all relevant international human rights organizations and international non-governmental as well as HRW. 

In the light of above mentioned the HRW’s approach to the issue of land mine creates such an impression as if continuous civil casualties due to these land mines are not a serious issue for this organization.

Regarding videos showing alleged execution of Armenian military servants, it should be noted that Azerbaijani authorities started necessary investigation about these materials. It should be noted that there are some suspicions on trustfulness of these videos.   However, there are many videos which demonstrate the torture and ill-treatment committed against Azerbaijani military servants by Armenian military servants and some of them were spread on social media. But we never witnessed any case of investigation on the facts demonstrated in these videos by Armenian authorities and any reaction of HRW in this regard. 

We would expect an impartial approach from the HRW in respect of investigation the cases of POWs. Unfortunately, we did not witness any serious approach to the issue of Azerbaijani POWs who were undergone torture and ill-treatment by the military forces of Armenia. 

Regarding the POWs it should be noted that according to the statement of the state authorities all Armenian POWs have already been returned to their homes just after the end of the II Karabakh War. 

We would like to inform you that according to the Ombudsperson’s mandate as an NPM, she and her national preventive group on regular basis visit the places where the people, including detainees of Armenian nationalities, cannot leave on their own will without any discrimination. During such visits they were provided with medical treatment, translator and contact via video call with their relatives. 

In this regard we would advise you to take a look at and use the ad-hoc reports of the Ombudsperson concerning her visits to monitor human rights situation of the detainees of Armenian nationality. 

The Ombudsperson of Azerbaijan many times issued statements condemning the Armenian backed provocative armed attacks against Azerbaijan in the post war period which threaten the peace in the region. Unfortunately, the HRW never take any step to investigate the human rights violation reflected in these statements and on contrary continues to issue biased reports. 

We call the HRW to avoid any biased approach or statement which may put the efforts for the sustainable peace in danger and delay the restoration of normal life in the region.     

Sabina Aliyeva

Commissioner for Human Rights (Ombudsperson)

of the Republic of Azerbaijan