Armenian Legal Center Publishes Report on 46 Cases of Temporary Burials in Nagorno-Karabakh
The Armenian Legal Center for Justice and Human Rights, jointly with the Yerevan-based International and Comparative Law Center, published a report on the 46 cases of temporary burials in Nagorno-Karabakh.
Azerbaijan launched a large-scale attack on September 19, 2023, along the entire border of the Republic of Artsakh. The military operation resulted in hundreds of casualties, while the entire population of Artsakh—120,000 Armenians—was forcibly displaced from their historic homeland.
Prior to the attack, Azerbaijan had subjected Artsakh to a total blockade for over nine months, causing starvation and immense suffering among the population. By sealing off the Lachin Corridor, Azerbaijan violated the right to freedom of movement, as this was the only route connecting Artsakh to the outside world.
Despite pressure and calls from the international community, including rulings by the European Court of Human Rights and the International Court of Justice, Azerbaijan refused to lift the blockade. The corridor was opened only after the military operation of September 19 to carry out forced displacement.
The funeral ceremonies for the soldiers who were killed in the one-day military operation were carried out improperly. Relatives of the deceased were forced to bury the bodies of their loved ones in mass graves, even in the courtyards of their own homes. And temporary burial sites cannot serve as graves. Given Azerbaijan’s long-standing practice of desecrating Armenian graves, the remains of the deceased are at risk of destruction. Such desecration could occur at any time, if it has not already occurred. Satellite images of graves desecrated by Azerbaijan in Artsakh with accompanying information were documented by Caucasus Heritage Watch. From CHW’s report , we learn that five mass graves were destroyed, five were damaged, and four are considered endangered.
Given the urgency of the situation and the importance of immediate, decisive action by the international community, the Armenian Legal Center for Justice and Human Rights has prepared a joint report with the Center for International and Comparative Law. The report includes information on 46 cases of temporary burials in Nagorno-Karabakh.
Of the deceased, 21 were killed in combat, two were killed by drone strikes, artillery or shrapnel. three were civilian deaths, including a 9-year-old boy killed by an Azerbaijani airstrike on civilians. Temporary burial ceremonies for the deceased were organized by family members under extreme urgency. 46 of the deceased were buried in the Stepanakert Military Pantheon, Chartar, Martuni, Nerkin Horatagh, Khnapat, Arminavan, Vank, Gishi, Mushkapat, Kolkhozashen and Khndzristan cemeteries. The exact coordinates of the vast majority of burial sites were provided by family members of the deceased. This data was verified and plotted on Google Maps. It is presented in the report.
Due to the circumstances of forced displacement, families have not been able to properly organize or participate in the funeral ceremonies and rituals of their relatives, which are of great religious importance. According to Armenian religious and cultural traditions, family members visit the graves of their relatives on the 7th and 40th days after the funeral and once a year. Due to ethnic cleansing and forced displacement, Armenians have been deprived of the opportunity to observe religious rituals. The desecration of Armenian graves, which could occur at any time, will lead to the families being deprived of the opportunity to mourn the death of their relatives with dignity and to observe important religious customs. Therefore, pressure must be exerted on Azerbaijan to exhume and return the bodies of the deceased.
Azerbaijan ratified the ECHR conventions in 2002 and is therefore obliged to comply with all of their provisions. In a number of decisions, the ECHR has confirmed that funeral rites fall within the scope of the right to “private life” and “family life” and that families have the right to a proper burial of their loved ones.
Azerbaijan is not returning the remains of Armenians to their families, thereby deliberately causing them pain, not satisfied with the suffering it has already caused. By displaying such behavior, Azerbaijan is subjecting the people of Artsakh to double victimization and depriving them of the right to a dignified mourning and burial.
The report aims to raise international awareness, inform the international community about the true nature and importance of the problem, and call on Azerbaijan to respect international human rights law. The report also calls for the exhumation and repatriation of the remains of the 46 deceased, ensuring the rights set forth in Articles 8 and 9 of the ECHR.
