STATEMENT
OF THE COMMISSIONER FOR HUMAN RIGHTS (OMBUDSMAN)
OF THE REPUBLIC OF AZERBAIJAN
ON THE ISSUE OF "ELECTION OF THE OMBUDSMAN"
IN THE "REPUBLIC OF NAGORNO KARABAKH"

According to the information disseminated by mass media, election of the "ombudsman" was held in the unrecognised "Republic of Nagorno Karabakh".

For more than twenty years an illegal separatist regime is functioning in the Nagorno Karabakh region, an inseparable part of the Republic of Azerbaijan, which is a result of the ethnic cleansing policy of Armenia against Azerbaijan.

The illegal regime has held several "elections" in gross violation of norms and general principles of the International Law recognised by civilised nations, but not having any legal power none of these "elections" was recognised by the international community. On the contrary, they were considered as an act damaging the peace negotiations.

From this point of view the unlawful act of "election of the ombudsman" in the "Republic of Nagorno Karabakh" is aimed at doing damage to the negotiations over peaceful resolution of the Armenian-Azerbaijani Nagorno Karabakh conflict, as well as at covering up the actions of Armenia which for many years has been violating the rights of more than one million of Azerbaijanis. Moreover, Armenia violated the rights (including the right to life in particular) of its own population and used violence in the follow up to the recent presidential elections in Armenia.

From the perspective of the International Law Nagorno Karabakh and the surrounding regions occupied by the Republic of Armenia are a part of the territory of the Republic of Azerbaijan. The territorial boundaries of Azerbaijan are recognised by the international community and international organisations. Occupation of our native lands continues today in spite of the four UN Security Council Resolutions calling for cease of occupation and withdrawal of the armed forces from the occupied Azerbaijani territories.

Armenia is a member state of the Council of Europe and holds legal obligations before this organisation. Resolution No. 1416 and Recommendation No. 1690 of the Parliamentary Assembly of the Council of Europe adopted in 2005 have reaffirmed Nagorno Karabakh region being under the rule of the separatist regime and Azerbaijani territories under the occupation of Armenian forces, as well as highlighted the importance of execution of the four above-mentioned UN Security Council Resolutions.

Armenia does not fulfil its obligations towards the UN and the Council of Europe ignoring the decisions of these organisations and, thus, violating the general principle of International Law related to the fulfilment of international obligations in good faith.

All of this creates the necessity of application of sanctions against Armenia by the international organisations mentioned above

I would like to stress once again that only organisations established under the Law of the Republic of Azerbaijan have the legal status on the territory of Azerbaijan

According to the Constitutional Law "On the Commissioner for Human Rights (Ombudsman) of the Republic of Azerbaijan", the Commissioner for Human Rights of the Republic of Azerbaijan elected by the country Parliament has the powers to protect rights and liberties of all persons within the jurisdiction of the state, including those living in Nagorno Karabakh region.

I believe that like all the "elections" held in the self-proclaimed "Republic of Nagorno Karabakh" the results of this particular "election" will not be recognised by international community and international, regional and national human rights organisations, and will be assessed as a violation of the norms of the International Law.

I hope that the UN General Assembly Resolution "On the situation in the occupied territories of Azerbaijan" of 14 March 2008 will be executed, and, thus, the respect for international legal norms and principles will be ensured.

Prof. Elmira Suleymanova Commissioner for Human Rights (Ombudsman) of the Republic of Azerbaijan.

25.04.2008