ArmInfo. Armenia's withdrawal of complaints against Azerbaijan from international structures raises an important legal issue, according to former Armenian Ombudsman, head of the Tatoyan Foundation Arman Tatoyan.
He drew attention to the fact that the head of the Armenian government makes these statements based on his narrow interests as the head of the ruling political force "Civil Contract", abusing the status of the Prime Minister of Armenia and misinterpreting the powers of the government.
"He does not have the authority to withdraw these complaints or to exert political pressure to make such decisions. This is contrary to the security of the Republic of Armenia and other state interests, violates the rights of the Armenian people. Refusal to consider these complaints imposes on the Republic of Armenia responsibility for depriving its own citizens of protection for massive violations of their rights, for refusing this protection and creating obstacles to protection in the future, as well as for cleansing up the crimes of Azerbaijan," he noted.
According to him, the refusal to file complaints cannot be "justified" by referring to some separate, "isolated" authority. Tatoyan is sure that this is not the case.
"Moreover, filing an interstate complaint to an international court does not in itself imply the absolute right of the prime minister or the government to reject it. The refusal has a completely different legal regime in the context of an already initiated or ongoing international legal process," Tatoyan added. The human rights activist drew attention to the fact that the Office of the Representative of the Republic of Armenia on International Legal Issues is a structural unit of the Prime Minister's office, does not mean anything.
"It was a gross mistake to make this unit part of the Prime Minister's office, especially in the case of the current government, for which political interests prevail over state ones. Moreover, the statements of the head of the "Civil Contract" raise reasonable suspicions that something similar has happened in other cases. For example, he or some of his political associates filed complaints to the European Court before coming to power and now, using political pressure, forced the Republic of Armenia to abandon its positions for the sake of their "victory," Tatoyan noted.
The Armenian Prime Minister, in an interview with the Senior Director of the Atlantic Council's Eurasia Center in Washington, touching upon the withdrawal of mutual claims from international courts, once again expressed his readiness to do so on condition that Azerbaijan abandons this issue in bilateral relations.
Recall that on September 28, 2023, Armenia filed a lawsuit against Azerbaijan in the International Court of Justice regarding the alleged violation of the International Convention on the Elimination of All Forms of Racial Discrimination against the Armenian population of Nagorno-Karabakh. In addition, the Republic of Armenia submitted four complaints to the European Court of Human Rights. One of them concerns the crimes and human rights violations that occurred during the 44-day 2020, the second concerns the trials of Armenian prisoners of war in Baku. Another case concerns the invasion of the Azerbaijani Armed Forces into the territory of Armenia and the crimes committed here, and the last complaint concerns the blockade of Nagorno-Karabakh, massive human rights violations and ethnic cleansing. At the same time, Azerbaijani media, citing the country's Foreign Ministry, reported that on November 19, 2024, the Azerbaijani government submitted the main document of the claim against Armenia to the Permanent Arbitration Court, accusing the Armenian side of allegedly violating Azerbaijan's sovereign rights to energy resources.