In the course of the preliminary investigation of the criminal case initiated against the military and political leadership of the Republic of Azerbaijan on the case of unleashing an aggressive war against the Republic of Artsakh and the Republic of Armenia on September 27, 2020, sufficient and objective evidence was obtained regarding the gross violations of a number of norms of international humanitarian law by the Armed Forces of the Republic of Azerbaijan during the armed clashes, which were received from internet and from the publications of media in the result of investigative, other procedural actions and operative-investigative measures. Particularly, the norms of Articles 44, 45, 47, 48, 51(2), 52(2), 51(4), Point 3 and Article 85 Part 5 of the 1st Protocol of 1977 of the Conventions of 12 August 1949 for Protection of Victims of International Armed Conflicts of Geneva and norms of the 1st, 7th, 11th, 12th, 54 of the Customary international humanitarian law, i.e. there is information on numbers of cases of killing, torture, ill-treatment and inhuman or degrading treatment toward the prisoners of war held by the Armed Forces of Azerbaijan, as well as civilians who are protected under the above-mentioned conventions.

 

In particular:

 

1. On October 16, 2020, the military servicemen of the Armed Forces of the Republic of Azerbaijan called the relative of the prisoner of war N. B by his mobile phone and informed that they were going to behead the prisoner of war and post the photo on the Internet. Some hours later, relatives noticed a photo of the slain prisoner on his social page.

2. In the course of the unleashed military operations, the servicemen of the Armed Forces of the Republic of Azerbaijan they have deported a civilian M. M. forcefully, a resident of of Hadrut city and moved him to the Republic of Azerbaijan against his will, where he was ill-treated and tortured, then illegally killed.

3. There are different videos posted on different internet pages on different days, according to which a person in a military uniform and the flag of Azerbaijan on the shoulders shot the wounded prisoner of war A. M., the servicemen of the Armed Forces of Azerbaijan, cut off the head of an Armenian prisoner of war and put it on the abdomen of an animal, they shot the wounded Armenian soldier in the head, mocked the prisoner of war by hitting him on the head, cut off the ear of the Armenian prisoner of war, cut off the ear of a civilian presenting him as an Armenian spy, they mocked 3 Armenian prisoners of war making them applaud for them kneeling, they have captured military servicemen,  prisoner, one of them was kicked and made kiss the flag of the Republic of Azerbaijan kicking on his head, 5 prisoners of war were beaten with skewers, including wounded ones, as well they decided to cut off the hand of a prisoner of war, dragged an old man in civilian clothes, hitting on his back, cursed the prisoner of war lying on the ground, dragging him from his chest.

4. According to the video received in the result of investigative, operative-investigative measures undertaken, the serviceman of the Armed Forces of the Republic of Azerbaijan, putting his foot on the head of the wounded prisoner of war lying on the tank made him pronounce the phrase "Karabakh belongs to Azerbaijan" in Azerbaijani.

5. According to another video obtained in the result of investigative, operative-investigative measures undertaken, the Armed Forces of the Republic of Azerbaijan captured two civilians - B. H., a resident of Hadrut city, born in 1947 and Y. A., a resident of Tyak village of Hadrut region, born in 1995. And according to the next video, the representatives of the Armed Forces of the Republic of Azerbaijan opened fire in the Street Arthur Mkrtchyan of the city of Hadrut in the Republic of Artsakh, killing the mentioned two men, who were wrapped in the RA flag and were deprived of the means of protection.

6. On October 19, 2020 the military servicemen of the Armed Forces of the Republic of Azerbaijan have sent a message by “WhatsApp” application of the prisoner of war S. A to his friend, informing that he was captured. On 21 October another friend noticed a video in “TikTok” social page and as it was detected the prisoner of war was hit and was made say offensive language toward the Prime Minister of Armenia. 

7. On the morning of October 16, 2020, a group of servicemen of the Armed Forces of the Republic of Azerbaijan broke into the apartment of a resident of Hadrut Zh. B., resorting to violence against her and dragging her by the arms, they put her in a car against her will and took to Baku. After 12 days of keeping her with the use of violence, on October 28, she was extradited to the RA with the help of the Red Cross.

8. According to the video on “Hraparak.am” website, the servicemen of the Armed Forces of Azerbaijan struck 3 prisoners of war.

 

The data on all these cases are being verified in the proper legal procedure, in this regard, procedural actions were carried out to supplement evidence on crimes committed by the Armed Forces of Azerbaijan, provide grounds for giving tough criminal-legal assessments, identify and prosecute persons who committed the crime.

 

By the assessment of already obtained sufficient objective evidence, it has been proved that on the basis of national hatred the responsible officials of the Azerbaijani Armed Forces against the number of servicemen committed grave crimes - deliberate and purposeful violations of the well-known rules of international humanitarian law.

 

The Prosecutor General's Office of the Republic of Armenia is taking measures to present to the partner international institutions of the Prosecutor's Office facts about the atrocities committed against Armenian prisoners of war and civilians in the Republic of Azerbaijan with the aim of ensuring criminal prosecution on the basis of the facts of criminal, inhuman behavior with regard to  still alive and in some cases wounded prisoners of war and civilians, their conviction, the search for additional guarantees to protect the rights of the injured people. For this purpose, the RA Prosecutor's Office, as well as the body carrying out the proceedings of the criminal case, are in constant contact with the domestic relevant bodies dealing with the issues of prisoners of war and citizens of the RA and the Republic of Artsakh in captivity.