MOTION FOR A RESOLUTION on prisoners of war in the aftermath of the most recent conflict between Armenia and Azerbaijan

18.5.2021 - (2021/2693(RSP))

with request for inclusion in the agenda for a debate on cases of breaches of human rights, democracy and the rule of law
pursuant to Rule 144 of the Rules of Procedure

Jadwiga Wiśniewska, Ryszard Antoni Legutko, Anna Fotyga, Assita Kanko, Elżbieta Kruk, Carlo Fidanza, Sergio Berlato, Valdemar Tomaševski, Raffaele Fitto, Veronika Vrecionová, Adam Bielan, Alexandr Vondra, Witold Jan Waszczykowski, Angel Dzhambazki
on behalf of the ECR Group

B9‑0280/2021

European Parliament resolution on prisoners of war in the aftermath of the most recent conflict between Armenia and Azerbaijan

(2021/2693(RSP))

The European Parliament,

– having regard to its previous resolutions on Armenia, Azerbaijan and the Nagorno – Karabkh conflict;

– having regard to Statements by DCSA Chair, EP rapporteurs on Armenia and on Azerbaijan of 2 February and 23 March 2021;

– having regard to EEAS Statements of 19 November 2020 and 28 April 2021 on Nagorno – Karabkh conflict;

– having regard to statements by the Co-Chairs of the OSCE Minsk Group of 3 December 2020, 13 April and 5 May 2021;

– having regard to third and fourth Geneva conventions, relative to the Treatment of Prisoners of War and relative to the Protection of Civilian Persons in Time of War;

– having regard to interim measures relating to 249 Armenians allegedly captured by Azerbaijan taken between 13 October 2020 and 5 March 2021by the European Court of Human Rights;

– having regard to the letter of CoE Commissioner for Human rights to the President of Azerbaijan of 20 April 2021with regard to opening of the so-called “trophy-park” in Baku;

– having regard to rule 144 of its Rules of Procedure;

A. Whereas, on November 9, 2020, Azerbaijan, Armenia, and Russia signed a tripartite statement to end the conflict over Nagorno – Karabakh that started on September 27, 2020 and resulted in the deaths of thousands of people;

B. Whereas all signatories of the statement agreed that the “exchange of prisoners of war, hostages and other detainees as well as the remains of the fatalities shall be carried out”;

C. Whereas both Armenia and Azerbaijan are parties to the Third and Fourth Geneva conventions, which protect POWs particularly against acts of violence or intimidation and against insults and public curiosity;

D. Whereas since the end of hostilities, 69 Armenian POWs were returned by Azerbaijani side, with Armenian state bodies claiming that between 188 and 249 prisoners still stay in detention in Azerbaijan; whereas the Azerbaijani authorities acknowledged that 72 Armenians are still held in detention, most of whom were captured after signing of the trilateral agreement of 9 November 2020 and presented with terrorist charges, but so far refused to provide full list or information about their whereabouts and state of health; whereas Azerbaijani authorities claim that Armenian soldiers detained in Azerbaijan after cessation of hostilities cannot be regarded as prisoners of war;

E. whereas all Azerbaijani detainees were returned by the Armenian side;

F. Whereas there were numerous accounts of the Armenian POWs and civilians subjected to torture and inhumane treatment both in the area of conflict and after their transfer to Azerbaijani Military Police and State Security prisons;  whereas Azerbaijan denies accusation that Armenian POWs were subjected to treatment violating the Geneva Convention;

G. Whereas on 12 April 2021 a special exhibition related to September – November 2020 war was opened in Baku, displaying captured Armenian military equipment, mannequins of the Armenian military servicemen and POWs which was protested by the Armenian side as being presented in a manner violating human dignity;

H. Whereas since the end of hostilities at least 20 Azerbaijani citizens were killed and more than 80 injured as a result of mine explosions in the conflict area;

I. Whereas the September-November war was accompanied with an intensive disinformation campaign and limited access for the journalist to the conflict area, resulting in a need of neutral verification of all the information provided by both sides;

1. Calls on the Azerbaijani authorities to provide a full list of all persons held in Azerbaijan detained in connection with the armed conflict or its aftermath and to provide information about their whereabouts and state of health, including of those who died in captivity;

2. Urges the government of Azerbaijan to ensure that the detainees have all the protections to which they are entitled under international human rights and humanitarian law, including freedom from torture and ill-treatment; calls for their unrestricted access to legal representation and possibility to contact their families; in this regard welcomes recent release of 5 further Armenian POWs and calls for prompt release of the remaining prisoners, which will be conductive to de-escalation;

3. Is deeply concerned with reports about violence, harassment, torture and inhumane treatment of Armenian prisoners and calls on the Azerbaijani authorities to fulfil their obligations under international humanitarian law and to fully investigate any reports about abuses and ill-treatment of civilians and POWs;

4. Underlines that acts such as opening of so-called “Trophy park” in Baku serves no purpose but to further intensify long – standing hostile sentiments between Azerbaijani and Armenian people and therefore urges that it is closed without delay;

5. Calls on the Armenian authorities to release the maps of the minefields in the area of the conflict without any delay; calls on the EU to provide necessary funding for continuation of demining activities carried out by HALO Trust in the region;

6. Instructs its President to forward this resolution to the governments and parliaments of Azerbaijan, Armenia, Russian Federation, as well as to the Council and the Commission.