Mijatovic called on Baku and Yerevan to take care of the rights of victims of the conflict

The authorities of Armenia and Azerbaijan in their peace negotiations should focus on the protection of human rights and establish reliable guarantees of rights for all persons affected by the conflict, said Council of Europe Commissioner for Human Rights Dunja Mijatović. On January 12, she published her observations following her visit to Armenia and Azerbaijan, including the Karabakh region, from October 16 to 23, 2023. For the first time in decades, a human rights mission of this kind visited the Karabakh region, the press service of the Council of Europe said.

The visit was prompted by the massive displacement of more than 101,000 Karabakh Armenians who fled to Armenia in just a few days at the end of September. This happened after the military actions of Azerbaijan on September 19-20, followed by the establishment of its full control over the region.

In Armenia, the Commissioner talked with the Karabakh Armenians who arrived and settled in shelters provided by the authorities. In Khankendi (called Stepanakert by the Karabakh Armenians, note by Mijatović) in Azerbaijan, after the departure of its residents, the commissioner witnessed empty streets, abandoned premises and an almost complete absence of signs of the presence of the civilian population. Based on what she could hear and see, the commissioner concluded that "at the end of September 2023, the Karabakh Armenians found themselves abandoned without any reliable guarantees of safety or protection from any side," and "exodus from their homes was the only reasonable solution for them."

Welcoming the efforts of the Armenian authorities to provide basic first aid to all those in need who arrived from the Karabakh region, the Commissioner stressed that they, and especially those belonging to vulnerable groups, should be guaranteed access to all necessary support in the immediate, medium and long term. "The member states of the Council of Europe should continue to pay attention to the provision of financial support to ensure that the humanitarian needs of displaced persons and their host populations are fully met," Dunja Mijatović added.

She stressed that the Karabakh Armenians who were recently displaced to Armenia should be given the opportunity to return safely and with dignity, even if for most it seems hypothetical at the moment.

The possibility of return should be ensured by finding flexible solutions, in particular in matters relating to citizenship and legal status, the Commissioner further noted. "In anticipation of a possible return, it is necessary to quickly find ways, including through the establishment of security guarantees, so that Karabakh Armenians can temporarily gain access to their homes or places of habitual residence, as well as visit cemeteries where loved ones are buried. The Azerbaijani authorities are obliged to ensure the protection of property left by Karabakh Armenians from looting, theft or seizure. The few ethnic Armenians who have remained in the Karabakh region should also enjoy all human rights, including ensuring freedom of movement," Mijatović said.

Welcoming the steps taken by the Government of Azerbaijan to facilitate the return of internally displaced persons to the Karabakh region, the Commissioner expressed the hope that all those who wish to do so will be able to return as soon as possible in safety and dignity.

More generally, the Commissioner stressed that all persons displaced as a result of prolonged conflict have the right to return to their homes or places of habitual residence voluntarily and in safety and dignity, regardless of whether they have been internally displaced or abroad.

All allegations of violations of international humanitarian law and serious human rights violations reported in connection with the conflict must be effectively and promptly investigated, the perpetrators identified and brought to justice, Mijatović said.

It is also necessary to introduce a comprehensive approach to solving the problems of the past and serious human rights violations committed in the context of the conflict in the Karabakh region, Mijatović said.

Other human rights issues raised in the Commissioner's comments include: the need to protect people from mines and explosive remnants of war; the situation of persons detained in connection with the conflict, including their conditions of detention and the level of contact with their families; the importance of clarifying the fate of missing people throughout the region and providing answers to their families. In conclusion, the Commissioner called on the authorities of both countries to combat hate speech and promote mutual understanding and trust, including by involving civil society in the establishment of human rights-compliant commemoration and reconciliation processes.