STATEMENT by the non-governmental organizations of Azerbaijan on captives, hostages and missing persons as a result of military aggression and occupation of the Armed Forces of Armenia against Azerbaijan

Since the late 1980s of the 20th century, the Republic of Armenia has gravely violated the norms of International Law by occupying Karabakh and seven adjacent regions, which are the historical lands of Azerbaijan, and causing severe humanitarian catastrophe in the region.As a result, about 1 million peaceful Azerbaijani civilians fell victim to Armenia's occupation and ethnic cleansing policy and were forcibly expelled fromthe territories they lived in for centuries. Civilians, including the elderly, women and children were massacred, taken hostage, subjected to intolerable torture, blackmailed and threatened, as well as became the target of fear and human trafficking.Settlements, historical and religious monuments, cemeteries were destroyed.
Moreover, Armenia, which did not renounce its aggressive actions, constantly continued its policy of occupation of new territories and ethnic cleansing on the basis of the “new war-new territory” by firing artillery and rockets at the cities and villages of Azerbaijan.
According to the tripartite Statement of November 10, 2020, once the war ended, Azerbaijan took all necessary measures to re-establish peace and stability in the region, returnedthecaptives to Armenia,who were captured during the war, and also helped to find and return the bodies of the dead persons. This process is still ongoing.
Yet violation of the requirements of norms of International Law is continuouslycarried on by the Republic of Armenia. Despite numerous appeals from Azerbaijan, Armenia refuses to provide information on the fate of 4,000 Azerbaijanis captured and taken hostage by the Armed Forces of Armeniaduring the First Karabakh War.Undeniable facts and materials show that most of these people either were killed or died of torture and diseases.Armenia tries to cover up its war crimes, crimes against peace and humanity, and refuses to cooperate within the framework of humanitarian organizations.It should be noted that the State parties to the conflict have an obligation not only to cooperate in the search and exchange of bodies, but also in the identification thereof under International Humanitarian Law.
One of the gross violations of International Humanitarian Law is the enforced disappearance of both civil and military liable persons during the military conflict.This provision is reflected in the International Convention for the Protection of All Persons from Enforced Disappearance adopted by the UN General Assembly in 2006.In the resolution of the UN General Assembly dated November 6, 1974,mutual provision ofinformation on missing persons by the parties to the conflict is recommended.In 2002, participation ofthe other side of the armed conflict in the search for missing persons is stated as a responsibility by the UN Commission on Human Rights in its relevant resolution.
Currently, 3,890 Azerbaijanis are registered as captives, missing persons and hostages on the basis of confirmed documents. 3,171 of them are servicemen and 719 thereof are civilians.71 of the civilians are underage children (20 of them are underage girls) and 267 thereof are women (154 of them are elderly). Thereby, the Armenia has grossly violated Article 34 of theGeneva Convention (IV)relative to the Protection of Civilian Persons in Time of War, which prohibits hostage-taking.
It was defined as a fact that 872 out of 3,890 people, including 29 children and 98 women were taken hostage, did not leave their homes and remained in the captured territories during the occupation of settlements, villages and cities. Based on the testimonies of those released from Armenian captivity as well as soldiers who took part in the battles and civilians who witnessed the incident, a list of aforementioned people was compiled and given to the opposite side.The Republic of Armenia denies the fact that these people were taken captive or hostage despite the existence of evidence.
Information on 54 Azerbaijanis mentioned in the letters, that were submitted to the State Commission of the Republic of Azerbaijan by the International Committee of the Red Cross (ICRC) on captives, missing and hostages in 1998 and 2001,is one of the most serious and indisputable facts in this regard.According to these materials, 54 Azerbaijani citizens taken hostage by Armenia were visited by the ICRC in the detention facilities in the Republic of Armenia and the territory of the Republic of Azerbaijan occupied by this country, and they were officially registered by this organization.
54 people, who confirmed to be alive, were killed in Armenian captivity. So, 17 bodies were returned to their homes, 33 of them,despite reported to be killed in custody, were not returned, and the fate of the 4 people was not reported at all.
The Action Plan adopted by the International Committee of the Red Cross for 2000-2003 also reminds that the other side of the armed conflict must provide information on the missing persons (their fate) to their families. Information not provided to the family members of the missing people is a gross violation of the principle “respect for family life” enshrined in International Human Rights and International Humanitarian Law. This includes information on the victims.
The Geneva Convention (IV) of 1949 states that the other side of the conflict in an armed conflict must respond to the requests of people on the search for their family members.This Convention directly recognizes the right of family members to receive information on their relatives. This right is also reflected in a number of Recommendations of the Parliamentary Assembly of the Council of Europe.
Numerous testimonies, the ill-treatment by Armed Forces ofArmenia towards the Azerbaijani captives and hostages, the injuries inflicted on them as well as the detentionconditions confirm the gross violation of International Humanitarian Law. Azerbaijani captives and hostages were subjected to horrific torture in order to get various information. Medical and other experiments were carried out on them, attempts were made to make them commit terrorist acts against Azerbaijan by making them to cooperate with the Armenia’s Special Forces through threats and blackmail. All of these show thatincluding the Geneva Conventions the Armenia violated the norms and principles of International Law, that strictly prohibit torture and inhuman treatment, and that it continued criminal actions against humanity.
At the same time, there is a fact that Azerbaijani captives and hostages were deliberatelykilled and burieden masse in the territories occupied by the Armed Forces of Armenia during the war. However, Article 120 of the Geneva Convention (III) and Article 130 of the Geneva Convention (IV) require that people died in captivity be buried with honor, unless there areunconstrained circumstances, in private graves and if possible, in accordance with their religious customs. The current threat of landmines in the liberated territories of Azerbaijan does not allow us to look for those mass graves. Armeniaprovidesneitheraccurate and complete mine maps, nor information on the location of our captives and hostages, whomthey killed and burieden masse.
As a country suffering from the conflict for many years, Azerbaijan pays special attention to the observance of the provisions of International Humanitarian Law and supports international efforts in this area.
Unfortunately, the indifference and double standards towards the crimes against humanity by the Republic of Armenia motivate it to continue its policy of violating measures aimed at establishing lasting peace and stability in the region.
We believe that the issue of captives and missing persons should not be politicized, it should be approached from a purely humanitarian perspective, and suffering and ambiguity of hundreds of families should be ended.
We once again call on international organizations and statesto urge (influence) Armenia to provide information on the fate of nearly 4,000 Azerbaijanis captured and held hostage by Armenia,to return captives and hostages as well as the bodies of those died as a result of torture and disease, and to investigate their war crimes.

Non-governmental organizations of the Republic of Azerbaijan
Date: 01 September 2021