The Office of the Human
Rights Defender continuous the collection of information with regards to the
unlawful interference with Mr. Vagif Khachatryan’s fundamental human rights by
Azerbaijan.
In this context, it is
noteworthy that Mr. Khachatryan joined the military service on September 1,
1992, only after which he participated in combat operations. Before that
Mr. Khachatryan worked as an ordinary driver in Stepanakert.
Therefore, the statement
of the General Prosecutor's Office of Azerbaijan that Mr. Khachatryan allegedly
"committed a crime in Meshali village as part of a group of Armenian armed
formations" on December 22, 1991, does not correspond to reality. This
information is substantiated by archival documents, orders issued by commanders,
references documenting his military service, and the testimonies of the members
of his family.
Moreover, the
information obtained and analyzed by the Human Rights Defender’s Office
confirmed the fact that there is no data in international wanted lists
regarding Mr. Khachatryan, who was being transferred to Armenia for medical
treatment and abducted by Azerbaijan.
The Human Rights
Defender reiterates that Mr. Vagif Khachatryan was being transported to Armenia
under the auspices of the ICRC to receive the appropriate and necessary medical
assistance, and was a protected person under international humanitarian law.
Hence, the deprivation of the liberty of the latter is a gross violation of
international humanitarian law.
Immediately after the
abduction of Vagif Khachatryan, calls for violence against Armenians,
propaganda of hatred and enmity, also directed against Vagif Khachatryan and
his relatives, gained momentum in the Azerbaijani media.
This phenomenon is yet
another manifestation of the policy of Armenophobia and ethnic hatred
propagated by Azerbaijani authorities. Moreover, the Azerbaijani society,
including public figures, state officials, as well as mass and social media
outlets labeled Mr. Khachatryan as a criminal.
The Human Rights
Defender underlines that, when ethnic hatred is being propagated, and the
presumption of innocence is violated, the fundamental human rights of Mr.
Khachatryan cannot be guaranteed, and the proper examination of the case in
correspondence with the requirements of the fair trial, by an impartial and
fair court cannot be ensured.
The abovementioned gives
reasons to conclude that unlawful interference with the fundamental human
rights of Vagif Khachatryan by Azerbaijan has been/is being carried out in a
gross violation of international humanitarian law and international human
rights law, considering that universally recognized international legal
guarantees and standards are not ensured.
The full information
obtained and analyzed by the Defender’s Office was sent to the competent
authorities and international partners.
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