Azerbaijan’s ICRC shutdown: Int’l law expert offers alternative options for contact with Armenian POWs

The imminent closure of the International Committee of the Red Cross (ICRC) representation in Azerbaijan will cause greater psychological suffering and uncertainty for the unlawfully held Armenian POWs, a leading international law expert has warned.

So far, the ICRC has been the only organization with direct access to the detainees, including through in-person visits.

Azerbaijan recently announced its intention to shut down the ICRC office, among other international organizations, in the country.

Siranush Sahakyan, an international law expert, told Armenpress that the shutdown will bring an end to the communication channel with the prisoners and increase psychological suffering and uncertainty.

“This means that the fate of the Armenians held in Baku will be left entirely to the whim of the Azeri authorities, which could become an extra political lever for pressuring the Armenian authorities,” Sahakyan warned.

Although the ICRC doesn’t have a torture prevention mechanism, it is still implementing a humanitarian mission, and its visits are positively impacting the Armenian detainees, Sahakyan said.

It’s no surprise that Azerbaijan seeks to shut down organizations that are documenting its deteriorating human rights record and low level of democracy, the expert said.

“In case of the ICRC the targeted conduct of Azerbaijan is obvious because the main activity of the office pertains to mitigating the humanitarian consequences of the conflict, and main beneficiaries are Armenians, related to the Nagorno-Karabakh conflict, while the Red Cross essentially doesn’t have involvement regarding domestic human rights issues,” she said.

Asked about the possible steps the Armenian authorities could take in case Azerbaijan indeed closes the ICRC representation, Sahakyan said that the involvement of other organizations dealing with torture prevention must be increased. She pointed out the Council of Europe’s anti-torture committee or the UN special rapporteur on torture. Sahakyan said that these organizations ought to assume responsibility. But Sahakyan also called for alternative agreements to ensure diplomatic, consular access.

The Vienna Convention entitles foreign nationals detained in other countries to diplomatic consular visits. “This is an absolute right and highly important for due process. But since Armenia and Azerbaijan don’t have diplomatic relations, our consular employees cannot conduct such visits, but there is a chance to delegate the exercise of this right to another neutral country, and that’s the reason why the NGOs united and made a special call upon the Swiss government, asking them to ensure consular visits,” Sahakyan said, adding that this would require greater diplomatic efforts.

Asked on possible extra diplomatic efforts in the event of the Azeri shutdown of the ICRC office, the Armenian Foreign Ministry referred to FM Ararat Mirzoyan’s recent speech in parliament, where he assured that the foreign ministry is taking active steps to achieve the release of the POWs. FM Mirzoyan had pointed out his speech at the High-level Segment of the 58th session of the UN Human Rights Council, where he spoke about the mock trials. He had also said that he met with the ICRC chief and the UN High Commissioner for Human Rights Volker Türk, who in turn made a statement afterwards calling on Azerbaijan to release the Armenian prisoners.

Meanwhile, the Office of the Representative of Armenia on International Legal Affairs told Armenpress that although the ICRC is the one ensuring communication and information about the Armenian POWs, the organization isn’t the only means of communication.

“Some information about the incarcerated individuals is obtained also through the European court,” the office said, pointing out Azerbaijan’s obligation to provide information pursuant to the existing international legal processes between the two countries and the previously indicated interim measures against Baku. However, this fact cannot be compared with the regular information and activities provided by the ICRC, it said.

In addition to shutting down the ICRC delegation, the Azeri authorities also seek to close the offices of UNDP, UNFPA, UNHCR and UNICEF.