The Issue of Armenian Prisoners of War: Solvable with Will and Effort, Especially by the US Government
The ongoing trials in Azerbaijan are intended to maintain and deepen hostility and hatred toward Armenians. Beyond their political motivations, these trials are full of problems, including the falsification of documents and the routine denial of legal motions without cause. Additionally, prisoners are consistently denied the right to an effective defense, while the presumption of innocence is openly disregarded by officials, the media, and the general public. In an interview with “Sputnik Armenia,” Siranush Sahakyan, head of the “International and Comparative Law Center,” spoke about the trials, discussing the fate of the Armenian prisoners. She also addressed how the United States could play a meaningful role in securing their repatriation and outlined the steps the Armenian government should take to support these efforts.
Apart from Ruben Vardanyan, other Armenians held in Baku are represented by lawyers from the Azerbaijani Public Defender's Office. Sahakyan believes that this office provides “pocket advocacy,” serving the interests of the state rather than those of the defendants. According to Sahakyan, “This has not escaped the attention of international bodies. There are numerous reports indicating that independent lawyers hardly exist in Azerbaijan, who are able to act freely and defend their clients without pressure or interference. Instead, these lawyers serve law enforcement agencies and do not genuinely represent the interests of their clients.”
Testimonies are extracted under the duress of torture not only from the defendants and the accused, but also from individuals appearing as victims or witnesses. Sahakyan believes that “special services have recruited individuals who were neither real participants nor eyewitnesses to the events, yet appear in court as victims, claiming harm and providing false testimonies. However, it’s clear that these individuals have no real connection to the accused or the acts in question. Figuratively speaking, they are ‘appointed’ victims rather than actual ones.” According to Sahakyan, the international community has responded to some degree, calling for international observers and demanding that the trials be conducted publicly and transparently. As noted in the interview, such measures are essential for forming a clear understanding of the defendants’ actions. However, Azerbaijan has continuously ignored these appeals, proceeding with the trials without any international oversight.
During his last press conference, which lasted about five hours, Pashinyan assured that the issue of Armenian prisoners held in Baku is given due attention in all negotiations. Meanwhile, recent media reports, citing Ruben Vardanyan's lawyer, stated that Pashinyan recently rejected an offer from the American side, according to which Trump was to intervene in the return of Armenian prisoners held in Azerbaijan.
Sahakyan points to the return of about 30 individuals captured from Armenian territory in 2020 as a key example of how the issue can be resolved. At the time, the U.S. government committed to securing their release, highlighting that these individuals were captured from the sovereign territory of the Republic of Armenia, where the aggression had taken place. Thanks to US efforts, the Armenian prisoners were reunited with their families in just two weeks. As stated by Sahakyan, “I also believe that this current problem, given the desire and appropriate will, is solvable through the efforts of the US government, particularly the President. Given these circumstances, Ruben Vardanyan's lawyer publicly expressed the view that it would be desirable for Pashinyan to send a private or public letter to President Trump, asking for direct involvement in the return of Armenian prisoners. The media, perhaps, interpreted this interview, published months ago, somewhat differently, and it was perceived as if Pashinyan refused to send a letter, although Trump himself stated that the existence of a letter is important to move the issue forward.”
During the interview, Sahakyan highlighted several key points. First, a letter from the executive branch of the state is extremely important to secure the U.S. President’s involvement in resolving the issue. From a diplomatic standpoint, the letter sends a strong signal, and without formal state intervention, international partners may not take the problem as seriously. However, there is no public record that such a letter has been presented to President Trump. Lastly, Sahakyan notes that the issue can be resolved through U.S. efforts, claiming “Of course, I don’t rule out the potential role of other actors in solving this problem. This could include both Russia and the European Union, but since the matter is being discussed in a U.S. context, I consider a resolution through U.S. involvement to be the most realistic.”
Sahakyan further highlights Azerbaijan’s lack of political will in dealing with the POWs, stating “There is currently no reasonable explanation for why a citizen of the Republic of Armenia, captured during the 2020 war and still being held in Azerbaijan in violation of the November 9 statement, has not received a visit from a representative of their home country or from a third-party representative delegated on Armenia’s behalf.”
Additionally, while discussing judicial acts, Sahakyan emphasized that they not only condemn specific individuals but also the right to self-determination of Artsakh. This is accomplished through the false rulings made by Azerbaijan, which aim to portray Armenia as an occupying force. Consequently, this helps push the false narrative that Armenia never had a legitimate right to self-determination and aggressively seized control of the territories through “puppet authorities.” As claimed by Sahakyan, “this completely distorts the events, misrepresents their legal assessment, and creates false grounds for holding the Republic of Armenia responsible.”
At the end of the interview, the discussion turned to the fate of 21 individuals (22 according to some sources), who went missing after a powerful explosion at a gasoline depot near Stepanakert. There is suspicion that they may also be in captivity. However, according to Sahakyan, there is no verified information confirming their capture, and from a legal standpoint, they are currently classified as missing persons.
The "International and Comparative Law Center" has conducted fact-finding activities, and a report has been published and shared with international organizations. As part of the broader efforts to clarify the fate of the missing, steps are also being taken to investigate the disappearance of this group. However, there is still no definitive evidence. Regarding confirmation of their capture, the probabilities remain equal. On one hand, given their vulnerable condition, it is possible they were taken captive. On the other hand, it is just as likely that they died in the explosion, and due to ineffective search efforts, their remains have not been located or identified. As such, the legal standards and frameworks applicable to missing persons continue to apply in full to this group.