In
addition to the previous publication of the Human Rights Defender, the
information obtained and studies carried out by the Office of the Human Rights
Defender confirmed the fact that there is no data in international wanted lists
that Mr. Vagif Khachatryan, who was taken to Armenia for treatment and
kidnapped by the Azerbaijani side, is an internationally wanted person.
Therefore,
the statement of the Prosecutor's Office of Azerbaijan does not correspond to
reality.
The
Human Rights Defender emphasizes that Mr. Vagif Khachatryan is a protected
person under international humanitarian law who was being transported to
Armenia under the auspices of the ICRC for the purpose of receiving medical
treatment. Therefore, the latter's abduction by the border guards of Azerbaijan
is a gross violation of international humanitarian law.
The
transfer of persons to Armenia to receive urgent medical assistance by the ICRC
was agreed upon with the Azerbaijani authorities, after which only the ICRC
performed the international humanitarian mission. In other words, Azerbaijan
agreed to transfer a person for humanitarian purposes and then unlawfully
interfered with fundamental human rights.
As a
result, Azerbaijan violates the Geneva Convention of August 12, 1949, and
Article 37 of the Protocol Additional to the Geneva Conventions related to the
Protection of Victims of International Armed Conflicts (Protocol 1).
The
Defender considers it essential to emphasize that the state's obstruction of
the humanitarian mission of the organization providing humanitarian aid, in
this particular case, the ICRC, is inadmissible and contradicts the
international legal principles related to the activities of such organizations.
The
abovementioned is a basis to conclude that, in this case, we are dealing with
gross human rights violations by the Azerbaijani authorities, considering that
international legal guarantees and standards universally recognized in the
modern civilized world regarding interference with fundamental human rights are
not ensured.
Issues
related to guaranteeing the rights of Mr. Vagif Khachatryan are under the
direct attention of the Human Rights Defender, and the Defender is in contact
with international partners with a mandate of human rights protection.