The Arbitrary Detention of the 62 Hostages of Khtsaberd: Report

Following the signing of the trilateral statement of November 9, 2020, Armenia and Azerbaijan, among other issues, also agreed on the exchange of prisoners of war, hostages, and other detained persons, as well as the bodies of the deceased, during the conflict. However, after the signing of the statement, 62 servicemen of the Republic of Armenia were captured from their observation posts on December 13, 2020, near the villages of Khtsaberd and Hin Tagher in Nagorno-Karabakh. Initially, they were transferred to Azerbaijan, where they were convicted of a number of crimes, including illegal crossing of the Azerbaijani border and possession of firearms. Three of the 62 were released before the verdict, while no criminal prosecution was initiated against 9, nor were they brought before a court. The other 50 Armenian servicemen were tried in four groups by the Baku Court of Grave Crimes. All 62 Armenian servicemen were captured under the same circumstances but were subjected to different legal treatment. Some were released before the indictment or trial, some during the trial, and others were repatriated for political concessions.

"The Center for International and Comparative Law," in cooperation with "The Armenian Center for Justice and Human Rights," has prepared a report on the capture of Armenian servicemen in positions near the village of Khtsaberd in the Hadrut region, the charges brought against them, and the trials.

On December 13, Azerbaijani armed forces launched an attack on the settlements of Khtsaberd and Hin Tagher. Armenian forces had remained in these positions, which were located in the former Nagorno-Karabakh Autonomous Oblast. A group of about 100 Armenian servicemen, armed with AK-type rifles, ammunition, and explosives, had been stationed on a mountain near the village from November 27, 2020, to December 13, 2020. During this time, the Armenian servicemen found themselves facing a superior force of Azerbaijani soldiers and, believing their assurances of being handed over to Russian peacekeepers, decided to surrender. However, only about 30 servicemen surrendered to the Russian peacekeeping forces. 62 servicemen were taken prisoner. The report shows the troop movements during the war, the relative areas of control, and the front lines as of November 9, 2020, through a map.

One of the repatriated servicemen described the situation in his testimony as follows: "On December 13, at noon, our unit was ordered to leave the positions. According to the commander's order, we had to go down to where we used to get food; he was supposed to meet us there. However, the commander did not show up, our unit was surrounded. During negotiations with the Azerbaijanis, they told us that the Russians would arrive soon, but first we had to hand over our weapons. We did so because we were surrounded."

The report details a series of videos circulated on the Telegram channel "Kolorit_18." One video shows two Azerbaijani soldiers instructing two Armenian prisoners to say "Karabakh is Azerbaijan," "Long live Ilham Aliyev," and "Long live the children of Gazakh." In another video, an Azerbaijani soldier films himself walking with a group of Armenian prisoners through the hills, saying, "Here they come. They wanted to attack us at night. No more, no less, 62 people. All at once." Such treatment continues in subsequent videos. In all the videos, the Armenian servicemen are wearing standard winter jackets, trousers, and hats of the Armenian army.

After returning to Armenia, seven prisoners of war recounted their conditions of captivity. All seven reported being subjected to torture; some also emphasized that the violence often had a punitive nature rather than an attempt to extract information. E.H. describes: "I had many bruises on me; they beat me a lot. There was a room where they took us and beat us. There were times when they beat me so much that I couldn't move, and I lay helpless for 2-3 days." The report also presents other testimonies. Reports by the Human Rights Defender of Armenia, Human Rights Watch, and the European Union also speak of the cruel treatment of Armenian prisoners of war during their detention in Azerbaijan.

The capture of the 62 Armenian servicemen was confirmed by the Minister of Foreign Affairs of Azerbaijan in a letter to the UN on December 28. The Azerbaijani official claimed that the Armenian servicemen were involved in "terrorist activities." In his speech on December 31, President Ilham Aliyev called the captured Armenians "terrorists." Following this, legal proceedings were initiated against the Armenian servicemen. According to international humanitarian law, delaying the repatriation of prisoners of war is considered a crime. By initiating legal proceedings, Azerbaijan is clearly justifying the delay in the repatriation of Armenian prisoners.

The Armenian servicemen were tried in 4 groups. The first group consisted of 14 individuals, all of whom were convicted on July 2, 2021 for illegal border crossing. Here, 12 individuals were sentenced to 6 months of imprisonment, and the other 2 to 4 years of imprisonment by judges Afgan Hajiyev, Telman Huseynov, and Ali Mammadov. The second group consisted of 13 individuals, all of whom were convicted on July 22, 2021, for illegal border crossing and possession of weapons and explosives. From this group, 8 individuals were sentenced to 6 years of imprisonment, while the other 6 were released. The presiding judge in this case was Eldar Ismayilov, supported by Javid Huseynov and Samir Aliyev. The third group consisted of 13 individuals, 6 of whom were released, and 7 were convicted on July 23, 2021 for illegal border crossing, possession of weapons and explosives. Judges Azad Majidov, Zeynal Agayev, and Sabuhi Huseynov sentenced the 7 convicts to 6 years of imprisonment. The fourth group consisted of 10 individuals, one of whom was released, and the other 9 were sentenced on July 29, 2021 by judges Faig Ganiyev, Mirza Khankishiyev, and Ilham Mahmudov to 6 years of imprisonment for illegal border crossing, possession of weapons and explosives.

It is noteworthy that some of the convicted individuals were released in exchange for maps of mined areas. This process had no legal basis and was based on political orders and incentives. Similarly, each stage of these procedures – arrest, detention, trial, and release – was organized and based on political directives, lacking due legal process and justification.

The events surrounding the capture of Armenian servicemen and the subsequent judicial proceedings raise serious concerns regarding the observance of international law and human rights standards.

These trials, often conducted without adequate legal representation and interpreters, are based on fabricated evidence and coerced confessions, which undermines their legitimacy. Furthermore, many of these verdicts are handed down by the Baku Court of Grave Crimes. Human rights defenders, journalists, and other critics of the government are sentenced there to long terms of imprisonment on dubious or fabricated charges, which indicates the predetermined nature of these verdicts.

The selective release of some detainees in exchange for landmine maps is also problematic and adds another layer of inconsistency and arbitrariness to the process. The blatant Armenophobia noted by international bodies in Azerbaijan raises concerns about the discriminatory nature of the charges and trials.

As in the case of previously repatriated servicemen, the exchange of the 26 prisoners captured near Khtsaberd was also based on political expediency. From capture, detention, and trial to release, the treatment of Armenian servicemen has been based on political directives, with a complete absence of legal process and justification. Their captivity meets all the criteria for arbitrary detention.