Originally Posted in News.am
News.am is continuing its series of interviews with international legal specialists, human rights defenders, and human rights protection experts to understand what needs to be done and what mechanisms are in place for the 23 Armenian prisoners illegally held in Baku in order to protect the rights of the military-political leadership of Artsakh, prevent their torture, and ensure their return. This time, we spoke with Armenian-American lawyer Karnig Kerkonian.
The legal team of Ruben Vardanyan, who is illegally held in Baku, last month submitted an application to the United Nations (UN) Special Rapporteur on Torture, presenting terrible episodes and facts of torture. There is no doubt that other Armenian prisoners are also subjected to torture and ill-treatment, as lawyer Siranush Sahakyan has repeatedly mentioned, citing the stories of returned prisoners. It turns out that this is the first time that the legal team of an imprisoned person presents such an application and gives the issue international resonance prior to the prisoner’s release. In this context, what kind of impact can this application have?
The application submitted by Ruben Vardanyan’s legal team to the UN Special Rapporteur on Torture is vital, it is essential, and it can have several significant impacts. The application has the potential to catalyze legal, political, and humanitarian actions, fostering a more rigorous international response to the human rights violations being perpetrated on Mr. Vardanyan and the other Armenians held in illegal captivity.
This may serve several possible areas. First, by bringing the issue to the attention of the UN, the application amplifies international awareness about the treatment of Armenian prisoners in Baku. This can lead to increased diplomatic pressure on Azerbaijan to improve the conditions of detention and ensure compliance with international human rights standards. Second, the UN Special Rapporteur’s involvement can provide an independent and authoritative validation of the allegations of torture and ill-treatment. This documentation is crucial for holding perpetrators accountable and for future legal and advocacy efforts. Third, while Azerbaijan’s level of impunity is terribly unchecked, the application might prompt the UN to call for immediate protective measures for Mr. Vardanyan and other Armenian prisoners. This could potentially include urgent interventions to ensure their safety and humane treatment. Finally, the application can galvanize support from international human rights organizations, legal bodies, and civil society groups. This collective advocacy can be instrumental in pushing for the release of Armenian hostages. While none of these avenues are assured, the application is a necessary and vital step without which the possibility of progress in any of these areas stagnates or even regresses. We must constantly remind the world that the acts of torture and the length of captivity has created a life-threatening conditions. And it cannot be possible that life in Armenia or among Armenians globally simply continues as normal while our own people suffer the unspeakable, caged and tortured by a state that has repeatedly exhibited nothing less than the intent to destroy the Armenian people. Indifference is not permitted in these circumstances, as we must be the voice of our illegally held compatriots whose lives hang in the balance.
We have a situation where 23 Armenians are illegally detained in Baku prisons, subjected to cruel treatment and torture. According to you, in this case, what should the state do to protect its citizens? What should human rights organizations and NGOs do? And finally, what should the Diaspora do?
The Armenian state must take immediate, consistent and robust action, unrelentingly. This includes engaging in intense diplomatic negotiations, involving international bodies like the UN and the EU, and relentlessly pursuing legal actions in international tribunals to hold Azerbaijan accountable. It also includes demanding their immediate release as a precondition to any “peace” deal. Concurrently, human rights organizations and NGOs should document and report these human rights violations, advocate for the detainees’ release, and provide legal support, while running global awareness campaigns to mobilize public opinion and political pressure.
The Armenian Diaspora has a crucial role to play here as well: it should organize community mobilizations, engage with local politicians, and raise funds to support legal and advocacy efforts. In a matter as serious and fundamental as this—the security, safety and dignity of Armenians in captivity—the state should be leading efforts to secure their freedom from torture and their immediate return. This should be a primary issue on the Republic’s agenda and must be relentlessly pursued. Failure to do so not only threatens the lives of the notable Armenian figures illegally held, but it also undermines the Armenian people’s sense of security and protection from their own state which, in turn, weakens and compromises the population’s faith in the role of the state.
The failure to protect and return the Armenian hostages weakens the sovereignty and security of the Armenian state, and this is precisely one of Azerbaijan’s central objectives in its continued illegal detention of Armenians.
Recently, the prosecutor of Azerbaijan announced that the preliminary investigation of 15 Armenian prisoners, including Artsakhtsi figures, has been completed, and the cases will be sent to court “in the near future.” Of course, this statement followed statements by UnitedStates Secretary of State Anthony Blinken and High Representative of the European Union for Foreign Affairs and Security Policy Josep Borrell. The latter, by the way, called on Azerbaijan to “respect due process, the basic principles for the protection of detainees, and ensure transparency” regarding the detainees from Nagorno-Karabakh. -However, even if the cases are sent to court “in the near future,” it is clear the kind of proceedings we can expect there. In your opinion, are there opportunities to ensure the presence of international observers and human rights defenders, to challenge judicial processes internationally, and to raise the issue of infringements on the rights of our prisoners? What should be done in that direction?
First, it should be noted emphatically that the judicial processes in Azerbaijan are a patent farce, and any attempts by third parties to normalize or legitimize them should be criticized in the firmest and most direct terms. It is imperative that the international community condemns these actions unequivocally and stands against any form of political persecution and misuse of legal systems for geopolitical leverage. As such, Armenia must vigorously challenge the very basis of these prosecutions, which are clearly political persecutions and a means of securing geopolitical leverage for Azerbaijan.
At the same time, the Armenian state should demand the presence of international observers and human rights defenders at any purported trials. Complaints should continue to be filed with relevant international courts and human rights bodies, such as the European Court of Human Rights and the UN Committee Against Torture. The prosecutions should be attacked outright. It is essential moreover to mobilize global diplomatic and public opinion around these points. This involves the Armenian government’s non-delegable task of engaging with key allies to apply continuous diplomatic pressure on Azerbaijan. This is crucial.
Concurrently, a robust public awareness campaign should be launched to keep the issue in the international spotlight, involving media, NGOs, and diaspora communities. The government must do more on this front as the illegal detention of Armenians by any state, let alone Azerbaijan, undermines the very legitimacy of Armenia’s sovereignty and its ability to carry out the central function of any state: to protect its own people. Finally, and again, it must be emphasized, repeatedly, that Azerbaijan’s court proceedings are cheap political displays seeking to mask Azerbaijan’s illegal holding of the Armenian hostages in the color of a legal process. These are not legitimate legal processes. They are staged political shows designed to whitewash Azerbaijan’s acts of torture for the international community and to further entrench fear and indignity in the hearts and minds of the Armenian people. Azerbaijan is using the sham legal processes to gain geopolitical capital, to impose psychological trauma on the hostages and their families, and to undercut the Armenian people’s own belief in the sanctity of their national consciousness.
And finally, our traditional question: should not the “peace treaty” include as a precondition the release of all prisoners and illegally held Armenians? Is there a precedent in international practice where, for example, a peace agreement is signed, but one country continues to keep the citizens of the other country as prisoners or hostages?
The release of all prisoners and illegally held Armenians should undoubtedly be a precondition for any “peace treaty” between Armenia and Azerbaijan. In fact, in international practice, it is rare and generally unacceptable for a peace agreement to be signed while one country continues to detain the citizens of another. Such detentions undermine the very foundation of peace and reconciliation efforts, as does the failure to raise the issue of right of return of the Artsakh Armenians under international protection and security.
For example, with respect to the return of detainees and peace agreements, the 1973 Paris Peace Accords ending the Vietnam War included provisions for the return of prisoners of war. Similarly, the Good Friday Agreement in Northern Ireland involved commitments to the release of political prisoners. These precedents highlight the fundamental principle that the humane treatment and release of detainees are integral to achieving and sustaining peace. Insisting on the release of all Armenian prisoners should not only be seen as a humanitarian necessity but also as a critical—indeed, an absolutely essential—step toward securing any genuine, dignified and lasting peace. The truth is that allowing Armenian hostages to remain in captivity while signing a peace agreement would communicate to every Armenian that the Armenian state cannot— and will not—assure the security and safety of its own people. That would be a devastating proposition for the future of the country, and it is simply not a reality that the Armenian people should accept.