REPORT

Commissioner for Human Rights

(Ombudsman)

of the Republic of Azerbaijan

 on the destructions and human casualties caused by the regular shelling of the Azerbaijani civilian settlements by the Armenian armed forces

 September 27 — October 1, 2020

 INTRODUCTION

 The present Report is based on the results of the fact-finding monitoring carried out by the Commissioner for Human Rights (Ombudsman) of the Republic of Azerbaijan, Sabina Aliyeva and analysis of the real situation related to various destructions and human losses accompanied by gross human rights violations as a result of the regular shelling of civilian settlements by the Armenian armed forces in order to seize new positions in the territories of Azerbaijan since September 27, 2020.

The monitoring took place on September 28, 2020, in Gashalti Garagoyunlu village of Naftalan city, and in the areas inhabited by civilians in Terter district, as well as in the administrative building of the District Court located in the center of Terter, which were destroyed by heavy artillery fire by the Armenian armed forces.

The purpose of this monitoring was to investigate the facts of human rights violations as a result of attacks by the Armenian armed forces and to convey the truth to the world community.

The present Report covers the period from September 27 to October1, 2020, and reflects the real facts.

The information on the destructions and loss of life, as a result of the regular shelling of the Azerbaijani civilian settlements by the Armenian armed forces

 Despite the outbreak of the COVID-19 pandemic in the South Caucasus region, as well as around the world, the regular violations of the ceasefire regime by the Armenian armed forces in different directions of the front, mass fires committed in the occupied territories of Azerbaijan, damage to densely populated civilian settlements by firing from various types of heavy weapons pose a serious threat to human life and health. These result in material, moral and physical deprivation of the peaceful Azerbaijani population, numerous human losses, which grossly violates the human rights and freedoms enshrined in international legal acts and national legislation.

On September 27, 2020, at around 06:00 am, the Armenian armed forces, again grossly violating the ceasefire regime, intensively fired at the positions of the Azerbaijani Army in the frontline zone, Gapanli village of Terter district, Chiragli and Orta Garavand villages of Aghdam district, Alkhanli, Shukurbeyli villages of Fuzuli district and Jojug Marjanli village of Jebrayil district with large-caliber weapons, mortars and artillery of various calibers. As a result of intensive shelling of densely populated civilian settlements and facilities by the Armenian armed forces, civilians and servicemen were killed and wounded, and many houses and civilian objects were severely damaged.[1]

 Fact-finding activities of the Ombudsman

The Ombudsman of Azerbaijan has issued statements[2] addressed to the world community to protest against the destructions and loss of life as a result of the regular shelling of densely populated Azerbaijani civilian settlements by the Armenian armed forces. The calls were made by promptly reacting though social networks — Twitter[3], Facebook[4], as well as the mass media – to immediately respond to the aggressive and inhumane actions of the occupying Armenian state, taking urgent measures on the basis of norms and principles of international law.

Three consecutive Statements of the Ombudsman of Azerbaijan to protest against another gross violation of the ceasefire regime by the Armenian armed forces and provocative attempts resulting in casualties, also against the killing of civilians, including women and children, shelling of civilian settlements and over ongoing human loss were addressed[5] to the UN Secretary-General, UN Security Council, UN Office of High Commissioner for Human Rights, UN Office of High Commissioner for Refugees, UN Human Rights Council, the United Nations Children’s Fund, the United Nations Educational, Scientific and Cultural Organization, European Union, Council of Europe, Organization for Security and Co-operation in Europe, International and European Ombudsman Institutions, Asian Ombudsman Association, Organization of Islamic Cooperation and the Ombudsman Association of its member states, Independent Permanent Human Rights Commission of the Organization of Islamic Cooperation, European Network of Ombudspersons for Children, International Peace Bureau, different ombudsmen and national human rights institutions.

Starting from September 28, 2020, the Commissioner for Human Rights of Azerbaijan has conducted the fact-finding monitoring of civilian objects subjected to various destructions and heavy artillery shelling in connection with the recent incidents committed by the Armenian armed forces, accompanied by gross violations of human rights. [6]

Within the frames of the fact-finding monitoring, the Azerbaijani Ombudsman has visited the village of Gashalti Garagoyunlu in Naftalan city and the civilian settlements of Terter district and the city center of Terter, which was subjected to heavy artillery fire by the armed forces of Armenia, and has inspected the situation there[7].

As a result of fact-finding monitoring, it was observed that the Armenian armed forces mainly targeted deliberately the civilian objects, houses, hospitals, educational institutions, kindergartens, administrative buildings of government agencies and other social facilities.

Numerous deaths and injuries were reported among the civilian population as a result of ongoing shelling from heavy artillery and large-caliber weapons, including air strikes, numerous private houses and other social objects in the settlements were completely destroyed, they were severely damaged, and livestock were massively killed.

The Ombudsman has visited the house in Gashalti Garagoyunlu village of Naftalan city, where a whole family of five people, including two children, two elderly and one young, died.[8]

The next monitoring visit was paid to Terter district, which was heavily attacked by the Armenian armed forces. During the on-site investigation, it was found out that one civilian was killed by shrapnel falling near the administrative building of the District Court in the center of Terter district and the driver of an ambulance vehicle passing through the area, one police officer and one city resident were seriously injured.

 The regular shelling by the Armenian armed forces of the Azerbaijani settlements inhabited densely by the civil population with heavy artillery and the fires and casualties committed clearly prove that they did not give up their occupation intentions and wanted to once again seize the next territory. These violate all peace-building activities, poses a serious threat to human life and health, and puts them in a difficult and risky situation, not only physically and materially, but also spiritually and psychologically.

 Legal aspects

Resolutions #822, #853, #874 and #884 (1993) of the UN Security Council which is the main guarantor of international peace and security, defined the legal framework for the political process to resolve the conflict over Armenia’s military aggression against Azerbaijan on the basis of norms and principles of international law.[9]

These resolutions condemned the occupation of the Azerbaijani territories and stressed the inadmissibility of the use of force for the acquisition of territory, as well as the territorial integrity, sovereignty and inviolability of the borders of Azerbaijan were reaffirmed and the immediate, complete and unconditional withdrawal of the occupying forces from all occupied territories of Azerbaijan was demanded.[10]

The Declaration on the Protection of Women and Children in Emergency and Armed Conflict adopted by the UN General Assembly on 14 December 1974, stresses that attacks and bombings on the civilian population, inflicting incalculable suffering, especially on women and children, who are the most vulnerable members of the population, shall be prohibited, and such acts shall be condemned. [11]

All States shall abide fully by their obligations under the Geneva Protocol of 1925 and the Geneva Conventions of 1949, as well as other instruments of international law relative to respect for human rights in armed conflicts, which offer important guarantees for the protection of women and children.[12] Despite the Republic of Armenia also has to fulfill its obligations arising from these international agreements, it totally fails to implement them.

The occupation of the Azerbaijani territories by the Armenian armed forces and shelling of other civilian settlements by heavy artillery is a gross violation of international law and principles, international humanitarian law.

The military aggression on Azerbaijani territories and the regular shelling of civilian objects result in blatant violations of the rights and freedoms of the population living in those territories, including children, women, people with disabilities, the elderly, refugees and internally displaced persons enshrined in the international documents.

According to Article 38 of the UN Convention on the Rights of the Child, States Parties undertake to respect and to ensure respect for rules of international humanitarian law applicable to them in armed conflicts which are relevant to the child and in accordance with their obligations under international humanitarian law to protect civilians in armed conflicts, States Parties shall take all possible measures to ensure the protection and care of children affected by armed conflict.[13] However, the Armenian state continues to violate grossly the norms of this document, which it is a party to.

With regard to the fact of shelling by the Armed forces of Armenia of the building constructed for the persons with disabilities and internally displaced persons, this should be noted that the Preamble of the Convention on the Rights of Persons with Disabilities (CRPD) states that the that conditions of peace and security based on full respect for the purposes and principles contained in the Charter of the United Nations and observance of applicable human rights instruments are indispensable for the full protection of persons with disabilities, in particular during armed conflicts and foreign occupation.

Article 11 of the CRPD (Situations of risk and humanitarian emergencies) demands the states Parties to take, in accordance with their obligations under international law, including international humanitarian law and international human rights law, all necessary measures to ensure the protection and safety of persons with disabilities in situations of risk, including situations of armed conflict, humanitarian emergencies and the occurrence of natural disasters.[14]

 From this standpoint, making a call, the Commissioner states that targeting by the Armenian armed forces of apartment buildings for people with disabilities and IDPs should also be strongly condemned as a gross violation of the terms of this international agreement.

The European Court of Human Rights’ Judgment in the case of “Chiragov and others v. Armenia” states that Armenia controls the surrounding territories, including Nagorno-Karabakh and Lachin. The Court rendered a judgment that Armenia has been continuing to violate Article 1 (Protection of property) of the Protocol No. 1 to the European Convention on Human Rights, Article 8 (Right to respect for private and family life) and Article 13 (Right to an effective remedy) of the Convention.[15]

Information on the results of the Armenian military aggression is attached to the report (Appendix 3)

The facts regarding the casualties and destructions as a result of the heavy shelling of densely populated by civilians areas by the Armenian armed forces in different directions of the frontline:

On September 27, 2020, at around 6 am, the Armenian armed forces fired at the settlements of Naftalan city, which is not even a frontline, with artillery weapons and, as a result of a shell falling on the yard of a private house in Gashalti Garagoyunlu village of this city, whole family, including two children, two adults and a young woman have been killed (whose names were: Gurbanov Elbrus Isa oglu, his wife Gurbanova Shafayat Novruz gizi (b. 22.02.1956), their daughter-in-law Amirova Afag Damir gizi (b. 12.01.1981), and two school-aged grandchildren Gurbanova Fidan Elshan gizi (b. 01.03.2006) and Gurbanov Shahriyar Nadir oglu (b. 30.11.2007).[16]

As a result of intensive fire from large-caliber weapons, artillery and mortars by the Armenian armed forces along the line of contact from the occupied territories of the Aghdam district on September 28, 2020 at around 07:00 am, a shell that fell on the territory of Evoglu village of Aghdam district, a village habitant — Pashayev Joshgun Anvar oglu, (b. 1979), was taken to Aghdam District Central Hospital of with shrapnel wounds in the head and died despite the rendered medical assistance. [17]

As a result of heavy artillery shelling of Terter by the Armenian armed forces on September 28, 2020 at about 11 am and the mainly deliberately targeting the civilians and objects, one civilian (Aliyev Mehman Sovet oglu (b. 1975) died from shrapnel falling near the administrative building of the District Court located in the center of the city[18], and an ambulance vehicle driver passing through the area at that time (Asadov Gambar Asgar oglu, b. 1968) and a police officer (Huseynov Fakhraddin Farman oglu, b. 1994), as well as another person — resident of Terter city in that area (Ibrahimov Tural Firdovsi oglu, b. 1991) were injured.[19]

On September 28, 2020 at 6:40 pm as a result of artillery fire opened by the Armenian armed forces Haziyev Hilal Ilgar oglu (b. 2006) – a resident of Jojug Marjanli village, Jabrayil district, was hospitalized with shrapnel wounds in the head while grazing sheep in the village. [20]

On September 28, 2020 at 7 pm, the residents of Terter district Abbasov Khalig Asif oglu (b. 1981) and his brother Abbasov Elshan Asif oglu (b. 1987), were killed as a result of artillery shelling in the yard of an apartment building constructed for the persons with disabilities and IDPs located in Shikharkh settlement of Terter district. Mammadov Seymur Fuzuli oglu (b. 1984) and Mahmudov Faig Malik oglu (b. 1989) were hospitalized with various injuries.[21]

As a result of the shelling of our civilian objects by the Armenian armed forces on September 28, 2020, the building #10 consisting of 54 apartments, located at E. Safarov Street, Terter city, the apartment building #16 in Shikharkh settlement of this district became unusable, the residents were evacuated. [22]

On September 28, 2020, at about 6 pm, as a result of the Armenian armed forces shelling with large-caliber weapons at the area called “Shamlig” in Jojug Marjanli village of Jabrayil district, Haziyev Hilal Murad oglu (b. 29.01.2000) — a resident of Jojug Marjanli village of Jabrayil district, who was grazing his small horned animals, was hospitalized with shrapnel wounds in the head.[23]

On September 29, 2020, as a result of heavy artillery shelling of the settlements of Terter district by the Armenian armed forces, a shell hit and destructed the post office building and the hospital in Gapanli village. In addition, a shell hit the yard of Zulfugar Guliyev, a resident of Gapanli village, as a result of which his personal farm was damaged. [24]

As a result of the intensive shelling of civilian villages in the direction of Fuzuli district by the Armenian armed forces starting from September 27, 2020, 2 houses in Zobujug-3 settlement, 3 houses in Zobujug-2 settlement, 1 house in Shukurbeyli village, 2 houses in Araytali village, 4 houses in Horadiz city were damaged and 2 civilians were injured. [25]

As a result of the continued heavy artillery fire by the Armenian armed forces on the densely populated areas of Azerbaijan on September 29, 2020 at 1 pm, Sariyev Elmaddin Humbat oglu (b.1997) — a resident of Garadagli village of Aghdam district, died from shrapnel falling on a medical center, the building of the medical center was destroyed and the residents of the area were evacuated. [26]

On September 29, 2020, an artillery shell fired by the Armenian armed forces hit a house located in Uzeyir Hajibeyov Street in Terter district, killing the owner of the house, Mehtiyeva Ayna Mahammadali gizi b.1965.[27]

On September 29, 2020, houses and private farms were severely damaged as a result of intensive shelling by the Armenian armed forces of the villages on the line of contact.[28]

Safarov Ikhtiyar Ajdar oglu (b. 12.02.1971) was killed in the yard of his house on September 29, 2020, as a result of artillery shelling by the Armenian armed forces.

On September 30, 2020 at 8 am, Ibrahimov Shahin Mahmud oglu (b. 24.12.1987) and Aliyev Muzaffar Ali oglu (b. 27.08.1971) were killed as a result of a shell explosion in front of the administrative building of Terter district department of the State Service for Mobilization and Conscription of the Republic of Azerbaijan, located on Aliaga Vahid Street in Terter city.

On September 30, 2020, at about 4 pm, Rustamov Murad Tahir oglu, (b.16.02.1990) was killed as a result of a shell explosion near “Azpetrol” petrol filling station located in Goradiz city.

As a result of another heavy artillery shelling of Terter city by the Armenian armed forces on September 30, 2020 at around 8 am, seven civilians were hospitalized with various injuries as a result of an artillery shell falling near the administrative buildings of government agencies, as well as civilian infrastructure were subjected to extensive damage. [29]

As a result of shelling of Aghdam district by the Armenian armed forces on October 1, 2020, the residents of Hajimammadli village the district — Mammadov Murshid Rashid oglu (b. March 16, 1966) and his son, Mammadov Samir Murshid oglu (b. April 15, 1996), were killed.[30]

Dozens of houses were destroyed as a result of heavy artillery and air shelling of civilians in Jojug Marjanli village of Jabrayil district by the Armenian armed forces, which targeted civilians and dwellings during the fighting that started on September 27, 2020.

From September 27 to October 1, 2020, as a result of the heavy artillery shelling of the Azerbaijani civilian population by the Armenian armed forces, 55 civilians were hospitalized with various injuries, 19 civilians were killed. Besides that, the Armenian armed forces continue to fire heavy artillery shells at densely populated areas — district and village centers, civil infrastructure facilities — houses, hospitals, medical centers, school buildings, kindergartens, administrative buildings of governmental agencies, economic areas. As a result of the shelling of civilian infrastructure by the armed forces of the occupying country, 175 houses, as well as 41 civilian objects were severely damaged, as well as the vehicles belonging to civilians became unusable, and many private households were severely damaged.[31]

The list of persons killed and wounded by the Armenian Armed Forces from September 27 to October 1, 2020, has been added to the report (See: Appendix 1 and Appendix 2).

This should be noted that these figures may increase at any time, as the inhumane actions of the occupant Armenia against the civilian population of Azerbaijan continue today.

The Armenian state continues its illegal actions against the civilian population in the territories of Azerbaijan, grossly violating the norms and principles of international law.

Outcomes

During her investigation in Naftalan city and Terter district with the aim to carry out the fact-finding monitoring of various destructions and human casualties caused by blatant violations of human rights as a result of the regular shelling of the Azerbaijani civilian settlements by the Armenian armed forces in order to occupy new territories, the Commissioner has revealed many facts related to gross violations of fundamental human rights and freedoms — the right to life, property, health care, education, recreation, social security, labor, housing.

The analyzed facts prove once again the recent attacks, especially on civilian settlements, are targeted at inflicting heavy casualties on the civilian population, creating fear among the population, as well as at disrupting all peacekeeping activities and occupying new territories.

The entire world population is going through a difficult period due to COVID-19 pandemic. During this pandemic declared by the World Health Organization, the international community is demonstrating the unity and taking measures to prevent the spread of the virus. The Republic of Azerbaijan has also declared a special quarantine regime in the country. During this period, as the National Human Rights Institution, we have fully supported all measures against the spread of the virus.

Despite all this, the concerns we have raised in our previous statements regarding the living conditions of the civilian population habiting in the areas close to the Armenian-occupied territories of Azerbaijan, remain actual.

A special Statement on COVID-19 issued by the UN Special Rapporteur on Human Rights of Internally Displaced Persons, Cecilia Jimenez Damari, on the official website of the UN High Commissioner for Human Rights on April 1, 2020, stated that “Internally displaced persons are at heightened risk of exposure to COVID-19 due to limited access to healthcare, water, sanitation, food and adequate housing, and often face discrimination”.

Given this, it should be noted that the living conditions in the territories close to occupied territories of our country have been aggravated by the pandemic. Thus, the access of people living in these areas, including IDPs, to clean water and therefore to sanitation, is at great risk.

The attacks launched by the Armenian armed forces with the aim to occupy new territories have created new threats to the life and health of the civilian population. The violation of the ceasefire regime by the Armenian armed forces once again proves that their real intention is aggression.

Article 51 of the UN Charter states that “Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security.”

By committing the aggression against Azerbaijan, Armenia completely ignores the norms of international and humanitarian law.

The fact-finding monitoring conducted by the Commissioner once again leads to the conclusion that Armenia has grossly violated human rights, as well as international and humanitarian law by attacking civilian objects inhabited by the Azerbaijani population.

In developing this Report, as the Commissioner for Human Rights (Ombudsman) of the Republic of Azerbaijan, I would like to present to you the real facts of the human tragedy on the Azerbaijani-Armenian border.

I call on the international community to put an end to this violation of law and Armenia’s aggression against Azerbaijan, and to take all necessary measures to liberate Azerbaijani territories.

Note: The list of civilians killed and injured as a result of regular shelling of the Azerbaijani civilian settlements by the Armenian armed forces starting from September 27 to October 1, 2020, is attached to the report.

Appendix 1

LIST

of civilians killed as a result of aggression of Armenian armed forces

September 27-October 01, 2020

 Appendix 2

LIST

of civilians wounded as a result of aggression of Armenian armed forces

September 27-October 01, 2020

Appendix 3

Consequences of aggression of the Republic of Armenia (Statistics)

OCCUPIED TERRITORIES OF AZERBAIJAN

Frontline length — 246 km

 ADJACENT DISTRICTS OF NAGORNO—KARABAKH

VICTIMS OF AGGRESSION

Note: During the conflict, over 6000 Azerbaijani nationals went missing, were captivated, taken hostage.

 DAMAGES AND DESTRUCTION (1988-1993)

 REFUGEES, INTERNALLY DISPLACED PERSONS AND REFUGEE/ASYLUM SEEKERS (2015)

Armenian troops in the occupied areas (2015)

Persons illegaly settled in the occupied areas (2015)

Note:

1. Refugees and internally displaced persons are temporarily settled in over 1 600 facilities in 62 towns and regions.
2. Internally displaced persons from the settlements along the borderline with Armenia and the occupied areas (as of 2015) count 110 612 people.

 [1] https://azertag.az/xeber/1596129

[2] http://ombudsman.gov.az/en/view/pages/88/

[3] https://twitter.com/az_ombudsman/status/1310956548525633538/photo/1

[4] https://www.facebook.com/ombudsman.az/?epa=SEARCH_BOX

[5] http://ombudsman.gov.az/en/view/pages/88

[6]http://ombudsman.gov.az/en/view/news/2076/ombudsman-conducted-a-fact-finding-mission-to-the-area-affected-by-artillery-attacks-of-the-armenian-armed-forces

[7] https://www.realtv.az/news/az/57482/ombudsman-dushmenin-artilleriya-ateshine-meruz-qalan-erazidefoto?fbclid=IwAR20jkcrQ-xy7tExyN39WJ_MSty9nEsGdZcCQLx5mIszZ6JpP6jL9PuXapk

[8] https://www.facebook.com/watch/?v=645128086175279

[9] https://www.mfa.gov.az/en/content/110/munaqisenin-huquqi-aspektleri

[10] https://2001-2009.state.gov/p/eur/rls/or/13508.htm

[11] https://www.un.org/ruleoflaw/blog/document/declaration-on-the-protection-of-women-and-children-in-emergency-and-armed-conflict/

[12] https://www.un.org/ruleoflaw/blog/document/declaration-on-the-protection-of-women-and-children-in-emergency-and-armed-conflict/

[13] https://www.ohchr.org/en/professionalinterest/pages/crc.aspx

[14] https://www.un.org/development/desa/disabilities/convention-on-the-rights-of-persons-with-disabilities/article-11-situations-of-risk-and-humanitarian-emergencies.html

[15] http://hudoc.echr.coe.int/eng?i=001-155353

[16] https://sputnik.az/video/20200928/425051810/Naftalanda-butun-ailenin-telef-oldughu-evden-deh.html

[17] https://report.az/en/nagorno-karabakh-conflict/resident-of-aghdam-district-killed-as-a-result-of-enemy-shelling/

[18] https://www.bakupost.az/terterde-mehkeme-binasi-vuruldu-fotolar

[19] https://azedu.az/az/news/35026-terterde-tecili-tibbi-yardim-masini-vuruldu-fotolar

[20] http://defence.az/en/news/145660/armenians-fire-at-14-year-old-child-in-jojug-marjanli

[21] http://www.virtualkarabakh.az/en/new-item/6/2132/ermeniler-mulku-ehaliye-ates-acir-terterde-iki-qardas-helak-oldu-2-nefer-ise-yaralandi.html

[22] https://www.fed.az/az/huquq/ermeniler-terterin-esas-strateji-korpusu-ve-polis-sobesine-zerbeler-endirib-89008

[23] https://hit.az/az/olke/159078/ermeniler-14-yasli-usaa-ates-acdilar-resmi/

[24] https://modern.az/az/news/257683

[25] https://ona.az/az/dagliq-qarabag/ermeniler-fuzuli-rayonundaki-zobucuq-ikinci-qesebesindeki-xestexanani-atese-tutub-foto-24094

[26] https://qafqazinfo.az/news/detail/agdamda-ermeniler-tibb-menteqesini-vurdu-mulki-sexs-helak-oldu-299871

[27] https://azerforum.com/az/criminal/746270/terterde-daha-bir-ermeni-vehsiliyi-tibb-bacisi-lduruldu-fotolar

[28] https://525.az/site/?name=xeber&news_id=150478#gsc.tab=0

[29] https://sputnik.az/life/20200930/425069197/mulki-vetendaslar-vurulub-yeddi-nefer.html

[30]https://azertag.az/en/xeber/Prosecutor_General_039s_Office_Father_and_son_were_killed_as_a_result_of_enemys_heavy_artillery_shelling_of_Hajimammadli_village_Aghdam-1600895

[31] https://defence.az/en/news/145960/armenian-vandalism-%C2%A0175-houses,-41-civilian-facilities-severely-damaged