Human rights activist: Realization of the right to self-determination  is not feasible without the return to Artsakh

ArmInfo. Realization of the right to self-determination is impossible without returning to Artsakh. The people of Artsakh cannot achieve this right anywhere else.  

This statement was made by Siranush Sahakyan on October 28 in  Yerevan at a press conference focused on the legal possibilities for  the return of the Armenians of Artsakh and the legal disputes between  Armenia and Azerbaijan in international courts. Siranush Sahakyan  represents the interests of Armenian prisoners of war at the European  Court of Human Rights (ECHR).

In this regard, she regretfully pointed out that the Armenian side  does not have much room to maneuver in exercising this right due to   two key factors: the deprivationt of the Artsakh people from their  homeland and the mass deportation of the entire Armenian population.   "The statehood that previously existed, which was on the path to  international recognition, has now lost two key attributes -  territory and the population that lived at this territory. When the  right of peoples to self- determination is violated and those who  have this right are forcibly displaced from their homeland, it  becomes obvious that this right loses its power. In such  circumstances, the right to return takes on new significance," the  human rights activist explained.

In this regard, she also drew attention to the disproportionate  actions of the Armenian authorities in promoting this issue in the  international arena. In her opinion, the Armenian government is not  taking appropriate active steps to promote the right of the people of  Artsakh to self-determination.  When asked if there has been any  progress in the issue of returning Armenian prisoners of war and  civilians from Azerbaijani captivity, Sahakyan gave a negative  answer. According to her, there has been progress in that process.

At the same time, she added that the only way for individuals held in  Baku to communicate is through the International Committee of the Red  Cross, which holds monthly negotiations to ensure the right to short  calls and video calls. However, the human rights activist noted that  despite these efforts, the isolation from the outside world remains:  other organizations tasked with preventing torture are unable to  establish contact with the prisoners.

At the same time, she is certain that the staged trials of the  detainees are being delayed due to the upcoming UN Climate Conference  (COP 29) in Baku. "Given the backdrop of COP 29, the trials could  attract excessive attention from the international community, so the  process is being delayed. The possibility of releasing the prisoners  exists in the context of the Climate Summit, but not in relation to  the former leadership of Artsakh. They are now required to provide  testimony, which will later be used in an international court. This  process has not yet been completed, so the return of the former  leadership is unlikely. However, there is a chance, that as a  humanitarian gesture, the release may take place for those who were  captured during the 2023 military aggression," Sahakyan explained.

In this context, she emphasized the importance of the work of the UN  Group on Enforced or Involuntary Disappearances. According to her, in  July this mechanism initiated contact with Azerbaijan and raised the  issue of missing persons, requesting information from the Azerbaijani  executive body, which was required to be submitted within 60 days.

"According to our information, a response has been received, but it  is not public yet. Only after familiarizing ourselves with the  content of the response from the Azerbaijani side will it be possible  to draw any conclusions," Sahakyan noted, adding that the issue of  returning of prisoners of war from Azerbaijani captivity is highly  politicized and used as a tool of pressure in negotiations with  Armenia.  She also expressed skepticism about Armenia's ability to  make any progress on this issue, believing that the Armenian  authorities have lost both politically and militarily to Azerbaijan.   The human rights activist drew attention to the fact that Azerbaijan  currently hold a stronger position in the political arena and is  trying to achieve the best possible outcomes for itself.

She also doubts the possibility of establishing long-term peace in  the region against the backdrop of the maximalist rhetoric of the  Azerbaijani regime. According to the human rights activist, an unjust  peace treaty, against the backdrop of crimes that have led to  hundreds of thousands of deaths, will sooner or later lead to new  hostilities.  "In addition, in some instances, it may become  impossible to take legal actions to protect the interests of the  victims. And this, in turn, will lead to the closure of the case in  the International Court of Justice, further complicating the  process," Sahakyan added.  When asked whether the Armenian side has  used all  mechanisms of the International Criminal Court to hold  Azerbaijan accountable for war crimes, Sahakyan gave a negative  answer. She believes that the Armenian authorities are not putting in  sufficient efforts in this regard due to a number of political  motives, including the ongoing peace treaty negotiations. At the same  time, the human rights activist emphasized the importance of Armenian  diplomacy  actively engaging with various countries even in the  absence of direct involvement from the Armenian state, in order to  achieve positive results in this process.