On
September 27, Ruben Vardanyan was arrested by the border guard service of
Azerbaijan. He was charged with the crimes of financing terrorism,
participating in the creation and activities of armed organizations or groups
not provided for by law, as well as illegally crossing the state border of the
Republic of Azerbaijan, provided for by the Criminal Code of Azerbaijan.
The
Human rights defender notes that the interference with the fundamental rights
of both Ruben Vardanyan and other ethnic Armenians deprived of their liberty by
Azerbaijan is taking place in violation of international legal guarantees and
standards. In particular:
The
State security service of Azerbaijan filmed the arrest process of Ruben
Vardanyan in detail. After that, a number of Azerbaijani media outlets shared
videos and photos depicting the arrest process, where it is clearly seen how
several Azerbaijani officers arrest and transport Ruben Vardanyan. Then, in
another photo, two Azerbaijani officers can be seen holding Ruben Vardanyan's
hands, with a masked armed officer standing behind them. In another video, two
armed and masked Azerbaijani security officers transport Ruben Vardanyan with
his hands tied behind his back and handcuffed, his head hanging down, filming
the entire process.
This
video, which is accompanied by hateful and hostile insults directed at Ruben
Vardanyan, calls to kill Armenians, and deep hatred towards Armenians, is
widely distributed in the Azerbaijani media.
It is
obvious that targeting Ruben Vardanyan, showing such attitude towards him,
among others, is another manifestation of Azerbaijan's anti-Armenian and
ethnically based hatred policy.
In
this context, it is noteworthy that before Ruben Vardanyan was deprived of his
liberty, even the President of Azerbaijan, officials in their speeches, the Azerbaijani
society, including public figures, the media were already labeling him as a
"criminal".
The
Human rights defender emphasizes that in the conditions of the propaganda of
ethnic hatred and the violation of the presumption of innocence, the
fundamental rights of Ruben Vardanyan cannot be guaranteed, and the proper
examination of the case in accordance with the requirements of a fair trial, by
a fair and impartial court cannot be ensured.
It
should be emphasized that the right to a fair trial is enshrined in a number of
international legal documents, including the Universal Declaration of Human Rights,
the International Covenant on Civil and Political Rights, and the European
Convention on Human Rights. The preservation of the principle of presumption of
innocence in the context of the right to a fair trial is considered by the
European Court of Human Rights in several dimensions, including the need to
preserve this principle by state bodies and the media.
The
European Court, referring to the issues of preservation of the principle of
presumption of innocence by the media, has clearly stated that broadcasting the
footage of the suspect on television carries the risk of violating the right to
a fair trial. And regarding the arbitrariness of deprivation of liberty within
the right to liberty and security, the European Court confirmed that the
concept of "arbitrariness" is not limited only to meeting the
requirements of national legislation. In any case, deprivation of liberty can
be legal only if it complies with the provisions of the European Convention on
Human Rights.
Taking
into account the above and considering Azerbaijan's deep-rooted anti-Armenian
policy, the Human rights defender of the Republic of Armenia emphasizes that
Azerbaijan's interference with the fundamental rights of Ruben Vardanyan and
other persons was/is in violation of international legal standards, bearing in
mind that they do not comply with modern international legal guarantees and
standards universally recognized in the civilized world.
The
Defender continues to receive alerts regarding interference with the right to
liberty and personal integrity by Azerbaijan during the movement from
Nagorno-Karabakh to Armenia through the Lachin Corridor and emphasizes that all
the above-mentioned observations related to legal guarantees are also
applicable to the remaining cases.
The
above-mentioned reinforces the fear that in such conditions, no legal process
against ethnic Armenians in Azerbaijan can be carried out in compliance with
international legal standards related to fundamental human rights.
Taking
of effective measures aimed at the proper guarantee of the fundamental rights
of the mentioned persons and the observance of legal procedures, as well as the
quick and adequate response of competent authorities and actors with a human
rights mandate, are very needed.
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