15:22, 2 August 2023
YEREVAN, AUGUST 2, ARMENPRESS. The kidnapping of Nagorno-Karabakh resident Vagif Khachatryan by Azerbaijan constitutes extraordinary rendition in terms of international law and a due process is therefore ruled out, attorney Siranush Sahakyan has said.
Speaking to reporters on August 2, Sahakyan, who represents the interests of Armenian Prisoners of War at the ECHR, did not rule out the Azerbaijan actually deceived and used the International Committee of the Red Cross (ICRC) for kidnapping Vagif Khachatryan.
“International law provides for extraordinary rendition, extradition and transfers. If Azerbaijan deemed Vagif Khachatryan to be a criminal, it could have brought that criminal into territorial jurisdiction by way or international criminal law cooperation, through cooperation with the authorities in Nagorno-Karabakh, Armenia, Russia, and why not Interpol,” Sahakyan said, adding that Azerbaijan’s official explanation for arresting Khachatryan is untrustworthy because the Armenian Ombudsman has already debunked allegations that the man was internationally wanted.
Sahakyan pointed out that Azerbaijan did not provide any information to the Red Cross and brought Khachatryan into Azerbaijani jurisdiction through deception, where he was arbitrarily arrested.
“There are two possible scenarios. Upon seeing Vagif Khachatryan in the alleged list of international fugitives Azerbaijan had to at least notify the ICRC, and inform them that there is a fugitive who could be placed under arrest after appearing in Azerbaijani jurisdiction. By doing so Azerbaijan would have protected the Red Cross’ international humanitarian mandate, and the Red Cross would have notified Vagif’s family about this,” Sahakyan said, adding that fair processes can’t be expected.
The second scenario is that Azerbaijan did not provide the info to the ICRC and used the organization through deception.
However, the ICRC could have prevented the incident on the ground if it were to react very strongly and escalate the issue up to the highest circles.
The ICRC was supposed to request other organizations to support them and help prevent the obstacles.
The ICRC could be afraid of Azerbaijan’s response, Sahakyan said.