
ArmInfo. The First Prosecutor of the International Criminal Court, Luis Moreno Ocampo, has published an expert opinion on the February 17, 2025, opinion of the UN Working Group on Arbitrary Detention. This was reported by the Free Armenian Prisoners initiative.
The opinion identifies a conflict of interest that raises serious doubts about the impartiality of the Group's opinion.
The Group concluded that Ruben Vardanyan's detention by Azerbaijan was not arbitrary. In his expert opinion, Ocampo substantiates the conflict of interest by noting that the current Chair of the Group, Anna Yudkivska, is a partner at Equity Law Firm, a law firm representing the interests of Azerbaijan's state oil company SOCAR in Ukraine. Luis Moreno Ocampo conducted an open-source investigation into the impartiality of the current Chair-Rapporteur, Ukrainian lawyer Anna Yudkivska.
"Anna Yudkovsky should have recused herself from all cases before the Working Group against Azerbaijan. She has a conflict of interest arising from her professional activities as an active partner at Equity Law Firm, which has provided legal services to the State Oil Company of the Azerbaijan Republic (SOCAR) for many years. This establishes a direct financial connection between her and the government of Azerbaijan, which is a party to the proceedings," Ocampo noted in his expert opinion.
He argues that this situation violates the Code of Conduct and other UN regulations, which require disclosure in cases of financial conflicts of interest with UN functions. "Yudkivska's failure to disclose this role or her refusal to participate in related proceedings constitutes a violation of Article 5 of the WGAD's working methods, which provides for recusal in cases of conflicts of interest." Ocampo also noted the close personal and political ties of Anna Yudkivska's husband, a Ukrainian politician accused of corruption in Azerbaijan.
"In light of these circumstances, a possible equivalent remedy would be for the Panel to invalidate the opinion and request the original petitioner to file a new petition, which the Panel will then develop anew," Ocampo wrote in his opinion.
In the interests of transparency and accountability, and given the importance of the Working Group's work, the Panel could publicly respond to these allegations. "Without further inquiry, the Group can provide additional information regarding how this case was conducted, who the rapporteur was and how he was selected, whether Dr. Yudkovsky ever disclosed to the Working Group and OHCHR staff that her law firm represented the interests of the Government of Azerbaijan, and, if so, whether the Working Group overlooked this conflict of interest by allowing her to participate in cases related to Azerbaijan," Ocampo's expert opinion states.
On January 17, the Baku Military Court began hearing the "indictment" against former Nagorno-Karabakh leaders on fabricated criminal charges. Among the defendants are three former presidents of Nagorno- Karabakh: Arkady Ghukasyan, Bako Sahakyan, and Arayik Harutyunyan. Also appearing before the "court" were former Foreign Minister David Babayan, Parliament Speaker David Ishkhanyan, former Defense Army Commander General Levon Mnatsakanyan, General David Manukyan, and former State Minister Ruben Vardanyan.