Artsakh resident Vagif Khachatryan before being kidnapped by Azerbaijani forces on Jul. 29

The Office of Armenia’s Human Rights Defender on Thursday presented details related to Azerbaijan’s distorted claims against an Artsakh resident who was abducted while being escorted to Armenia by the International Committee of the Red Cross for medical treatment.

Azerbaijani border guards abducted Artsakh resident Vagif Khachatryan on July 29 while the ICRC was transporting him to Armenia for emergency heart surgery. Khachatryan was later remanded into custody and charged with “committing genocide” in 1991, which Azerbaijani prosecutors claiming that he took part in the so-called massacre in Khojaly.

“It is worth noting that Mr. Khachatryan joined the military service on September 1, 1992, only after which he participated in combat operations. Before that Mr. Khachatryan worked as civilian driver in Stepanakert,” a report released by Armenia’s Human Rights Defender on Thursday said.

“Therefore, the statement by Azerbaijan’s Prosecutor General’s office alleging that Mr. Khachatryan ‘committed a crime in Meshali village as part of a group of Armenian armed formations’ on December 22, 1991, does not correspond with reality. This information is substantiated by archival documents, orders issued by commanders, references documenting his military service, and the testimonies of the members of his family,” the rights defender’s office said.

The rights defender’s office said it also verified and confirmed that there were no outstanding international warrants for Khachatryan’s arrests as was claimed by Azerbaijani prosecutors.

“The Human Rights Defender reiterates that Mr. Vagif Khachatryan was being transported to Armenia under the auspices of the ICRC to receive the appropriate and necessary medical assistance, and was a protected person under international humanitarian law. Hence, depriving him of his freedom is a gross violation of international humanitarian law,” said the statement.

The rights also pointed out that immediately after Khachatryan’s abduction, calls for violence against Armenians, as well as hate-filled statements and threats against the Artsakh resident and his family began circulating in the Azerbaijani media.

“This phenomenon is yet another example of Azerbaijan’s policy of Armenophobia and ethnic hatred. Moreover, the Azerbaijani civil society, including public figures, state officials, as well as mass and social media outlets labeled Mr. Khachatryan a criminal,” the human rights defender’s office said in its report.

“When ethnic hatred is being propagated, and the presumption of innocence is violated, the fundamental human rights of Mr. Khachatryan cannot be guaranteed, and the proper examination of the case in correspondence with the requirements of the fair trial, by an impartial and fair court cannot be ensured,” said the human rights defender’s office.

“The aforementioned provides ample reasons to conclude that the unlawful interference with the fundamental human rights of Vagif Khachatryan by Azerbaijan was/is being carried out in a gross violation of international humanitarian law and international human rights law, considering that universally recognized international legal guarantees and standards are not ensured,” the rights defender’s office added.