Kiri

AZƏRBAYCAN RESPUBLİKASI BOARD OF THE VƏKİLLƏR KOLLEGİYASININ BAR ASSOCIATION OF THE RƏYASƏT HEYƏTİ REPUBLIC OF AZERBAIJAN Ceyhun Hacıbəyli küç. 100, AZ1007, Bakı, Azərbaycan. Tel: 012 594 14 95, E-mail: [email protected] “01” December 2020 № 1124 THE CALL OF THE AZERBAIJANI BAR ASSOCIATION TO ITS INTERNATIONAL COLLEAGUES Dear Colleagues, Shortly after the collapse of the Soviet Union in late 1991 and the recognition of the independence of Armenia and Azerbaijan in the international arena, military operations and attacks by Armenia against Azerbaijan intensified. Armenia started a war against Azerbaijan, occupied Nagorno-Karabakh and seven adjacent regions by force, expelled up to a million people from their ancestral lands1, pursued a policy of ethnic cleansing in the occupied territories, committed other serious crimes during the conflict and established a separatist organization in the occupied territories of Azerbaijan. Over the past 27 years, the ceasefire has been repeatedly violated by the Armenian armed forces, and dozens of civilians and children, including a two-year-old toddler, have been killed as a result of the shots fired from the occupied territories2. After Nikol Pashinyan became a prime minister, Armenia became more aggressive in resolving the conflict; statements such as "Nagorno-Karabakh is Armenia”, organisation and participation in military exercises in Nagorno-Karabakh and other occupied territories by him and his wife have dealt a serious blow to the negotiation process3. 1 I-42864.pdf (anl.az) 2 https://www.bbc.com/news/world-europe-40504373 3 https://jam-news.net/nagorno-karabakh-protest-inauguration-president-armenian-leadership/ 1 On September 27, 2020, the Armenian armed forces violated the ceasefire and tried to occupy new territories of the Republic of Azerbaijan, as a result of which military clashes broke out between the armed forces of the two countries. With the signing of a tripartite statement4 between the parties to the conflict and the Russian Federation on November 10, 2020, the military operations between the parties ended in a victory for the Azerbaijani Army. I would also like to inform you that the Armenian nationalists, who have historically dreamed of realizing territorial claims against neighbouring countries and creating a "Greater Armenia", have pursued a policy of genocide and terrorism against humanity and committed hideous crimes. They committed not only crimes against people and crimes of special cruelty, but also a "genocide" against ancient and historical monuments. The museums of the region looted by the Armenian invaders collected valuable items related to the history and the culture of the Azerbaijani people, works of art and culture, world- famous carpets, memorabilia of prominent Azerbaijani personalities and other treasured materials. Cultural objects that make up the cultural heritage of Azerbaijan in the occupied territories were destroyed with special cruelty. 12 museums, 6 art galleries, 9 palaces of historical significance were looted and burned in the occupied territories. 40,000 museum treasures and exhibits of unique historical significance were looted. The remaining 152 places of worship, temples, as well as 62 mosques in the occupied territories became victims of Armenian aggression. 4.6 million books and unprecedented manuscripts were destroyed in 927 libraries which were razed and burned5 6. The Armenization of some architectural monuments in the liberated territories of Azerbaijan and the vandalism of others is a matter of serious concern. As a result of these illegal actions of Armenia, the Islamic religious monuments, gardens, parks and architectural ensembles left in the occupied territories of Azerbaijan have long been destroyed by the Armenians and become history. Islamic religious monuments, i.e. mosques, tombs, shrines and other places of worship were the most destroyed and ruined by the Armenians. One of the reasons for the particularly ruthless destruction of historical Islamic monuments in the occupied territories is the presence of inscriptions with Muslim epigraphy on them. That is because it is impossible to Armenize these monuments and present them as non-Azerbaijani relics. Thus, 63 of the 67 mosques officially operating in Nagorno-Karabakh and surrounding areas were completely and 4 were partially destroyed. Only as a result of pressure from international organizations, the walls of the Aghdam Juma Mosque, Ashagi Govhar Agha, Yukhari Govhar Agha and Saatli mosques in Shusha were preserved7. Demonstrating another example of vandalism and immorality, Armenians exhibited their hatred and insults against Azerbaijanis and the Islamic world in general by keeping pets, including pigs, inside mosques in Agdam, Zangilan and Gubadli8. President Ilham Aliyev mentioned this issue in an interview with France 24 television channel, saying that "they keep pigs there and thus insult the feelings of not only us, but all Muslims." 9. 4 https://president.az/articles/45924 5 Damage to cultural heritage (mfa.gov.az) 6 https://www.armenianvandalism.az/az_general.html 7https://azertag.az/xeber/Dunya_ictimaiyyeti_Ermenistanin_tarixi_ve_dini_abidelerimizin_mehvine_yonelmis_terror_siyasetini_keskin_sekilde_pislem elidir-1651089 8 http://azeridaily.com/reality/59123 9 https://www.youtube.com/watch?v=vUhXEJ0RLu4 2 The protection of cultural property during wartime is mainly regulated by a special international agreement, the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, to which more than 60 countries are party. Destruction and intentional damage of our historical and cultural monuments by the Armenian occupiers in the occupied territories of the Republic of Azerbaijan is a violation of this Convention, as well as the 1992 European Convention for the Protection of Archaeological Heritage 10 and to the 1972 UNESCO Convention for the Safeguarding of the World Cultural and Natural Heritage11. Acts of vandalism are unequivocally prohibited under international law and conventions. The Convention for the Protection of Cultural Property in the Event of Armed Conflict, adopted in The Hague in 1954, is the first international treaty on the protection of cultural property during wartime. Under this Convention, the attacking party has an obligation not only to respect and protect cultural property, but also to take constructive steps to prevent the theft of such property in the occupied territories. It should be noted that Armenia's acts of vandalism during the armed conflict are a gross violation of the 1954 Hague Convention for the Protection of the Cultural Property in the Event of Armed Conflict and the Second Protocol annexed to this convention in 1999. Article 912 of this Protocol obliges the occupying party to prevent trade of cultural property and antiques in the occupied territories, to prevent their smuggling, and to prohibit the systematic or intentional alteration of cultural, historical, as well as scientific monuments and features.13 The Convention binds parties with the protection and defense of movable and immovable cultural values, such as architecture, art, historical monuments, archeological excavations, located in the territory of each state and in the territory of the opponent during military conflicts. Executive regulation defining the rules of application of the Convention and a protocol prohibiting the exportation of cultural values from the occupied territories was adopted for the Hague Convention. The member states of the Convention agree to "prohibit, prevent and, if necessary, put an end to acts of vandalism against cultural property, theft, robbery and misappropriation of cultural property14." The Second Protocol to the Hague Convention of 1954, adopted in 1999, further expanded the scope of protection of cultural property during armed conflicts. In particular, in the context of the occupation of Azerbaijani lands by Armenia, Article 9 of the Protocol prohibits the occupying party from illegal trade in cultural property, any archeological excavations, their removal, alteration or destruction of cultural, historical and scientific evidence, as well as the prevention of cultural property "in relation to the occupied territories". Simultaneously, according to the established provisions of the Paris Convention of 1970 on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property and the 1995 Convention on the Stolen or Illegally Exported Cultural Objects, illegal acts against cultural property and cultural heritage during armed conflicts are considered a war crime under international criminal law. As a member of international institutions, Armenia is responsible for acts of vandalism against the religious and cultural heritage of Azerbaijan in the occupied territories. I would like to note that in addition to the "terror" committed by Armenians against our cultural monuments, they also committed environmental terrorism in the territories of 10 https://www.coe.int/en/web/conventions/full-list/-/conventions/rms/090000168007bd25 11 https://whc.unesco.org/en/conventiontext/ 12 http://portal.unesco.org/en/ev.php-URL_ID=15207&URL_DO=DO_TOPIC&URL_SECTION=201.html 13 http://portal.unesco.org/en/ev.php-URL_ID=13637&URL_DO=DO_TOPIC&URL_SECTION=201.html 14 http://portal.unesco.org/en/ev.php-URL_ID=13637&URL_DO=DO_TOPIC&URL_SECTION=201.html 3 Azerbaijan. Thus, according to the tripartite statement signed by the leaders of Azerbaijan, Russia and Armenia on November 10, the Armenians undertook to return the Aghdam, Kalbajar and Lachin regions of the Republic of Azerbaijan 15. Armenians who settled illegally in Aghdam set shops and houses on fire as they left16 17. By this, they have once again proved their barbarism. Furthermore, while Azerbaijan extended the deadline for the withdrawal of Armenians from the Kalbajar region, which was supposed to be November 15, by 10 days, the Armenians committed ecological terror by burning houses and forests here as well.18 19 20 21 This, in turn, contradicts to a number of UN conventions. Ecological terror': Azerbaijan delays takeover, Armenians torch homes 22 15 http://kremlin.ru/events/president/news/64384 16 https://www.youtube.com/watch?v=AvI0mSLpzGI&feature=emb_title 17 Villagers burn Karabakh houses ahead of Azerbaijan takeover (opoyi.com) 18 Azerbaijan delays takeover, denounces fleeing Armenians (smh.com.au) 19 Azerbaijan delays takeover of Nagorno-Karabakh, denounces fleeing Armenians for burning houses | FR24 News English 20 https://apnews.com/article/azerbaijan-armenia-de83aa9dae982b8bda76a4c370d8af09 21 https://vestikavkaza.ru/analytics/armanskij-vandalizm-v-kelbadzarskom-rajone-azerbajdzana-porazil-mir.html 22 https://www.smh.com.au/world/asia/ecological-terror-azerbaijan-delays-takeover-denounces-fleeing-armenians-20201116-p56eu6.html 4  Armenians cutting down trees in Gubadly and Kalbajar before leaving districts 23 Armenians burn their homes rather than turn them over to Azerbaijan24 One of the terms of the tripartite statement of November 10 is the return of Lachin region to the Republic of Azerbaijan on December 1.25 26 However, the Armenians commit the same vandalism that they have committed in the territory of Kalbajar here as well. They burn down houses as they leave. 23 https://www.facebook.com/Rezaphotojournalist/posts/210832143747093 24 https://www.chicagotribune.com/nation-world/ct-nw-armenia-azerbaijan-nagorno-karabakh-20201114-ol2ospj7ujgcliqnk5piihajca-story.html 25 https://en.president.az/articles/45924 26 http://kremlin.ru/events/president/news/64384 5  Lachin region on the eve of transfer to Azerbaijan2728 These actions of the Armenians are called “scorched earth” tactic29. Scorched earth tactics have been widely used by invaders in world history, such as the Nazis during World War II. The Wehrmacht's order to burn all the villages to destroy them in order to deprive the enemy of the roof over their head is well known (Paul Karel. Eastern Front "Burnt Earth". P. 397 - Document 4). Three “everything” policies are also recognized in history as scorched earth tactics. The three concepts of "everything", also called "Turning to Ashes", meant “kill everything“, ”burn everything“, ”rob everything". As a result of the “scorched land” policy of the Armenian fascists, the occupied Azerbaijani settlements were also turned into ruins and deserts. In this regard, it should be noted that the tactics of “scorched land" are explicitly prohibited under Article 54 of Protocol No. 1 of the Geneva Convention of 1977, and Article 55, in turn, prohibits causing harm to the environment. Armenian vandalism and crimes do not end there. Historically, when the Armenians occupied the territories of Azerbaijan, they inflicted a bloody blow on the local population living here. The most horrible of these is the Khojaly genocide.30 31 On February 26, 1992, Armenian military units committed an act of genocide in the city of Khojaly, with a population of 7,000. Only about 3,000 people remained here when Armenian troops attacked the city. Because of the blockade for more than 4 months during the siege, a large part of the population was forced to leave the city. During the Khojaly genocide, 613 people, including 106 women, 63 children and 70 elderly people were killed, 1,000 civilians of different ages became disabled from gunshot wounds. 8 families were completely destroyed, 25 children lost both parents and 130 lost one parent. On the night of the tragedy, 1,275 civilians were taken hostage, and the fate of 150 of them is still unknown.32 33 34 27 https://ria.ru/20201126/karabakh-1586398156.html 28 https://ria.ru/20201126/karabakh-1586398156.html 29 Villagers burn their houses in Nagorno-Karabakh ahead of Azerbaijan takeover | Al Arabiya English 30 https://www.hrw.org/reports/1993/WR93/Hsw-07.htm 31 https://jewishjournal.com/commentary/blogs/237407/arrest-former-armenian-president-kocharyan-khojaly-genocide/ 32 https://www.aa.com.tr/en/europe/-khojaly-genocide-one-of-darkest-pages-in-20th-century-/1744271 33 https://www.bbc.com/news/world-europe-17179904 34 Bloodshed in the Caucasus, “Human Rights Watch” (formerly “Helsinki Watch”) report, September, 1992, pp. 19-24 6 7 The Bar Association of the Republic of Azerbaijan appeals to foreign bar associations and legal societies, international organizations and embassies to condemn the criminal acts committed by the Armenian state. Appendix: List of historical and cultural monuments located in the territories of Azerbaijan occupied by Armenians. Sincerely, Anar Baghirov, Ph.D Chairman 8  Appendix Architectural monuments 35 Name of the monument Date Location The tomb of Kutlu Musa oglu 1314 Aghdam district, Khachinderbatli village Genceser monastery 1216-1238 Kalbajar district, Vangli village Khudavang monastery XIII century Kalbajar district, Vangli village Khudafar Bridge with 11 XI—XII century Jabrayil district, Gumlag village arches Khudafar bridge with 15 XIII century Jabrayil district, Gumlag village arches Shusha Historical- XVIII-XIX centuries Shusha city Architectural Reserve Archaeological monuments36 Name of the monument Date Location Azykh cave Paleolithic period Khojavend district Taglar cave Paleolithic period Khojavend district Uzerliktepe residence Bronze Age On Aghdam-Agjabadi road, Rajab Gozalov Street Khojaly mounds Bronze-early Iron age Khojaly city Niftali mounds Bronze age Jabrayil district 35 http://www.e-qanun.az/framework/2847 36 http://www.e-qanun.az/framework/2847 9