“The SCA provided the HRCA with the opportunity to comment on the communications sent by Special Procedures of the Human Rights Council to the State of Azerbaijan between May 2019 and October 2023 regarding information on alleged human rights violations in relation to the destruction of Armenian cultural heritage sites; unlawful killings, torture and ill-treatment of Armenian civilians and Armenian prisoners of war; and the blockade of the Lachin corridor. The HRCA noted the importance for reports by the Special Procedures mandate holders to be factual and evidence-based and expressed regret about the lack of collaboration from Special Procedures of the Human Rights Council with the HRCA.

The HRCA indicated the allegations in relation to the destruction of Armenian cultural heritage and the blockade of the Lachin corridor are unfounded. The HRCA informed the SCA that it has been regularly undertaking visits to all persons of Armenian nationality in places of detention to address their conditions including, for example, enabling their right to video-conference calls. The HRCA noted that it had not found cases of torture or ill-treatment of prisoners of war.

Furthermore, the HRCA provided information about how it addresses pressing human rights issues relating to human rights defenders, civil society space, and the crackdown on journalists. In view of the information before it, the SCA is of the view that the HRCA has not taken sufficient action, nor spoken out in a manner that promotes protection for human rights in response to credible allegations of serious human rights violations having been committed by government authorities. The failure to do so demonstrates a lack of independence. Therefore, the SCA is of the view that the HRCA is acting in a way that continues to compromise its compliance with the Paris Principles. NHRIs are required to promote and ensure respect for all human rights, democratic principles, and the strengthening of the rule of law in all circumstances, and without exception. Where serious violations of human rights are imminent, NHRIs are expected to conduct themselves with a heightened level of vigilance and independence.

The SCA recommends that the HRCA take proactive steps to promote and protect all human rights, including in relation to human rights defenders and serious human rights violations in the country. The SCA refers to Paris Principles A.1, A.2, and A.3 and its General Observation 1.2 on ‘Human rights mandate.’”