Nagorno-Karabakh Human Rights Defender Report on the Blockade of the Lachin Corridor

January 13, 2023

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HUMAN RIGHTS DEFENDER OF ARMENIA

HUMAN RIGHTS DEFENDER OF ARTSAKH

UPDATED JOINT AD HOC PUBLIC REPORT

THE HUMANITARIAN CONSEQUENCES OF BLOCKING THE ONLY ROAD CONNECTING ARTSAKH WITH ARMENIA AND THE WORLD

DECEMBER 12-January 13

FACTUAL BACKGROUND

1. Starting from December 12, 2022, at around 10:30 am (GMT+4), a group of Azerbaijanis in civilian clothes, posing as alleged environmental activists blocked the only road (Goris-Stepanakert highway which passes through the Berdzor (Lachin corridor) connecting Artsakh (Nagorno Karabakh, hereafter Artsakh) to Armenia, and to the world, in violation of the obligations assumed by Azerbaijan through trilateral ceasefire statement of November 9, 2020.

2. In accordance with Point 6 of the Statement: (...) “The Lachin corridor (5 km wide) which will ensure the communication between Nagorno-Karabakh (NK)/Artsakh and Armenia and at the same time will circumvent the city of Shushi, shall remain under the control of the peacekeeping contingent of the Russian Federation”

3. The Azerbaijani side violates the provisions of the Statement and thus fails to fulfill its international obligations assumed by it.

4. The road, which is under the control of the Russian Peacekeeping contingent, is used only for the passage of people and goods intended for the civilian population of Artsakh. This act has resulted in the blocking and stopping of the movement of people, and food and medical supplies and other vital goods.

5. This is the second attempt of the Azerbaijani side to block the Lachin corridor. Previously, on December 3, 2022, a group of Azerbaijanis, posing as environmental activists, had blocked the Lachin corridor again, under fabricated ecological concerns, mainly the exploitation of mines by Artsakh. As a result of negotiations, the road was reopened.

6. As a direct result of the road blocking, 120.000 people have appeared under complete blockade and siege. Additionally, in cold winter conditions, 1100 persons, including older persons, women, and 270 children have been stranded on the road in the Stepanakert Sushi and Lisagor-Sushi sectors of the Goris-Stepanakert highway. Additionally, several communities of the Shushi region have been completely isolated and cut off from the rest of Artsakh and Armenia, including the communities of Lisagor, Mets Shen, Hin Shen, and Eghtsahogh.

7. As the Lachin corridor is the only road connecting Artsakh with Armenia and the outside world, as of great humanitarian importance, its blocking is causing, and will further cause, grave humanitarian consequences. Currently, food, medical and energy supplies to Artsakh are entirely stopped. About 400 tons of essential goods, including grain, flour, vegetables, fruits, economic goods, etc., are imported to Artsakh from Armenia daily. On December 25, ICRC transferred 10 tons of humanitarian aid to Artsakh. In total, around 12.000 tons of vital supplies and goods have been prevented from entering Artsakh since the beginning of the blockade.

8. In recent days, the Azerbaijani media and high-ranking officials of Azerbaijan have announced that since 12.12.2022, the blockade of the Stepanakert-Goris highway, 370 400 different types of vehicles have been moved in both directions, confirming that those were the vehicles of Russian peacekeepers, the ICRC cars, as well as 3 emergency vehicles from Artsakh. In this way, Azerbaijan accepted that in 2022 from December 12, the possibility of free movement of Artsakh people is completely restricted.

9. Due to the blocking of the Lachin corridor, the transfer of patients in critical condition for urgent treatment and hospitalization in the specialized medical centers of Armenia has become impossible. There have been 19 cases when with the support of ICRC patients were transferred to Armenia. One of the patients who were transferred to a medical institution in Armenia is a 2-month-old infant with Down’s Syndrome. Currently, there are 17 people in the intensive care unit, 4 of whom are in critical condition, and 11 children in the neonatal and resuscitation departments who are in need of medical intervention in Armenia.

10. After a month since the blocking of the Lachin corridor, the Government of Artsakh decided to introduce a ration stamp system, which will be used to buy only essential foodstuffs.

11. Moreover, on December 14, 2002, at around 6:00 pm, the Azerbaijani authorities cut the natural gas supply to Artsakh, during these severe winter conditions, depriving the peaceful population of Artsakh of heating, hot water, and other basic necessities. As a result of the cut of the only natural gas pipeline, medical institutions in Artsakh are unable to provide primary medical care, the educational process in the educational institutions of Artsakh was stopped, the work of state bodies and agencies have been disrupted, and there has been a lack of fuels for vehicles, etc. The gas supply was restored on December 16.

12. The disruption of the supply of natural gas to Artsakh as a method of war and ethnic cleansing of the peaceful civilian population, has already been employed by the Azerbaijani authorities earlier in 2022. In particular, on March 2022, under the guise of repair works of a gas pipeline (transferring gas from Armenia to Artsakh, which crosses regions occupied by Azerbaijan during the 44-day war of 2020) which had allegedly exploded, the Azerbaijani installed a valve on the pipeline, with the intention of turning it off at any given time. After the alleged repair works, the Azerbaijani side disrupted the supply of natural gas.

13. The governments and international actors involved in the resolution of the conflict should use all possible diplomatic measures to stop the siege and blockade of Artsakh, restore the natural gas supply, and stop targeting critical infrastructure, such as electricity, internet connections, etc., and stop the impending humanitarian disaster and to guarantee the rights of the people living in Artsakh. The international community should urgently take a unanimous and unambiguous stance, as well as targeted actions to condemn, punish and prevent Azerbaijan from continuing to act with a sense of absolute impunity and realizing its ultimate goal – the depopulation of Artsakh from its native Armenian population and their eventual extermination.

14. Under the Statute of the International Criminal Court, extermination, defined as including “the intentional infliction of conditions of life, inter alia, the deprivation of access to food and medicine, calculated to bring about the destruction of part of a population”, constitutes a crime against humanity when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack.

15. Moreover, “willfully impeding relief supplies” as part of the use of starvation of civilians as a method of warfare is a war crime in international armed conflicts.

16. The blockade of Artsakh is not an isolated episode but must be seen as part of wide spread and systematic policy of Azerbaijan aimed at complete expulsion of the people of Artsakh from their native land. Since the establishment of the ceasefire guaranteed by the Trilateral Statement of November 9, 2020, Artsakh’s Ombudsman has repeatedly reported on the recurrence of similar threats and provocations from the Azerbaijani side. Over the past two year, Azerbaijan inter alia has:

(a) deliberately and numerously attacked the infrastructure of Artsakh with the aim of terrorizing and intimidating the population of Artsakh;

(b) left the entire population of Artsakh without gas and water supplies for weeks;

(c) disrupted the seasonal agricultural work by targeting the peaceful villagers;

(d) constantly subjected the Armenian communities in close vicinity to their military positions to psychological pressure by loudspeakers;

(e) tried to spread disinformation and panic among people by carrying out cyber-attacks on the state media outlets of Artsakh.

17.The data of this report reflects updated facts of December 12- January 12, 2022. During a month of blockade of the Lachin corridor the Offices of HRDs of Armenia and Artsakh have been updating the information about the humanitarian situation on the ground (see Annex 4)

INTERNATIONAL ORGANIZATIONS, ACTORS AND MEDIA ON THE ISSUE OF BLOCKADE OF THE LACHIN CORRIDOR

18. On December 14, the CoE Secretary General Marija Pejčinović Burić expressed concern for the humanitarian situation around the Lachin Corridor. Giuseppe Zaffuto, Spokesperson for the CoE Secretary General, has stated: “Dialogue is key to avoid escalating tensions. CoE is ready to assist reconciliation efforts between Armenia & Azerbaijan through confidence-building measures.”

19. On December 15, The Freedom House called on the international community to reiterate its support for negotiations between Armenia and Azerbaijan without coercion. “Azerbaijan must cease its blockage of the Lachin corridor— the only road connecting Nagorno-Karabakh to the outside world,” the Freedom House said in a tweet.

20. On December 16, 2022, Samantha Power, the Administrator of the United States Agency for International Development, stated that the Lachin corridor should be opened immediately, and that its closure could lead to a grave humanitarian crisis.

21. On December 20, 2022, The UN Security Council, based on the request of Armenia, discussed the ongoing blocking of the Lachin Corridor.

22. On December 21, 2022, the European Court of Human Rights decided to grant Armenia’s request and indicated interim measures against Azerbaijan. The Court obliged the Government of Azerbaijan, under Rule 39 of the Rules of the Court, to take all measures within its jurisdiction to ensure the safe passage of seriously ill persons needing urgent medical care in Armenia, through the Lachin corridor.

23. On December 22, 2022, the Human Rights Commissioner of the Council of Europe Ms. Dunja Mijatović called on the sides responsible for maintaining security and public order to take all necessary measures to restore the movement on the Lachin corridor urgently to prevent the deteriorating humanitarian crisis in Nagorno-Karabakh.

24. On December 21, 2022, the Human Rights Watch stated that “Regardless of who is blocking the road, Azerbaijan’s authorities and the Russian peacekeeping force deployed there should ensure that access remains open, to enable freedom of movement and ensure people have access to essential goods and services. The longer the disruption to essential goods and services, the greater the risk to civilians”, and added that the prolonged blocking of the road can lead to dire humanitarian consequences.

25. On December 29, 2022, the Republic of Armenia applied to the International Court of Justice within the framework of the CERD proceedings against Azerbaijan, requesting from the Court to demand Azerbaijan to cease the blockade of the Lachin corridor, and to ensure the uninterrupted free movement of persons, vehicles, and cargo.

26. On December 30, 2022, UNICEF released a statement mirroring that of the statement made by the Secretary-General of the United Nations, calling to ensure the security and freedom of movement on the Lachin corridor, to guarantee the obligations to protect children and their human rights.

27. On January 5, 2023, HALO Trust, an international non-profit organization conducting demining operations in Astrakhan released a statement expressing its concern about the humanitarian impact of the blocking of the Lachin corridor, after nearly 1 month. In its statement, HALO Trust stated that they were monitoring the availability of food and other vital supplies for its staff and their communities.

28. On January 9, 2023, the Secretary-General of the United Nations reiterated his calls to de-escalate the tensions and to ensure the freedom and security of the movement through the Lachin corridor.

29. On January 11, 2023, Amnesty International called upon Azerbaijan to end the blockade of the Lachin corridor, which has made the provision of essential goods and services in Artsakh impossible. Furthermore, Amnesty International called to ensure the freedom of movement on the corridor and the protection of economic and social rights often population of Artsakh.

30. The news about the blocking of the Lachin corridor was covered by the international press; more than three dozen articles and interviews were published about the blockade. The closure of the "road of life" of Artsakh, was addressed by a number of prestigious periodicals, such as Reuters, Radio France, Le Figaro, Opendemocracy.net and a number of other media outlets. Moreover, well-known and respected journalists posted on their Twitter accounts. For example, Washington Post columnist David Ignatius tweeted that he held a telephone conversation with the State Minister of Artsakh Mr. Ruben Vardanyan and was informed of the situation in Artsakh.

31. The number of the publications increased specifically on December 25, when a rally was held in Artsakh. The news about the rally was disseminated by the British periodical UK Daily News, the Bulgarian bulgaria.postsen website, the Arabic website alghad.tv, and a number of notable French periodicals.

32. After the 20th day of the blockade of the Lachin corridor, publications about the issue were made in various numbers of publications, such as Le Figaro. Le Figaro recounts the stories of the people living under the blockade, who state how food supplies in stores are ending, and that they have remained without fuel for their vehicles during the holidays. Publications about the Lachine Corridor have also appeared in prestigious international periodicals, such as BBC and CNN. On January 10, BBC aired a video reportage, which mentions that “Armenians living in the Nagorno-Karabakh region say they are cut off from the outside world and running out of essential supplies, as the only road has been blocked for about a month. Azerbaijan has been complaining for a long time that Armenia uses the road to transport military equipment”. The video reportage presents that Stepanakert has run out of vital supplies and goods, and also emphasizes that despite the claims of the Azerbaijani side that the road is open for citizens, only ICRC and ambulance vehicles have passed through the corridor since the blockade. On January 6, CNN published an op-ed (opinion), which mentions the situation in Artsakh after the 44-Day War of 2020, and the blockade of the Lachin corridor. CNN also published an article on the situation, titled “Potatoes are a luxury: Vital supplies dwindle as ‘eco activists’ blockade a breakaway region guarded by Russia” where it mentions that the authorities of Armenia and Nagorno-Karabakh accuse Azerbaijan of implementing a blockade through the protesters. A number of Western diplomats, including American diplomats, called on Azerbaijan to reopen the Lachin corridor. Information about the blockade has been published in The Economist, and The National Journal. The Greek periodical Iinfognomonpolitics has also published about the blockade of the Lachin corridor, the Austrian die presse, the French La Marseillaise, Indian Indian Express, the Belgian La Libre French language periodical, etc.

33. Numerous threats and hate speech containing publications, a large dose of Armenophobia and the fact that the representatives of the Azerbaijani public share the anti-Armenian and genocidal policies of their leaders is evidence of state-sponsored actions. "It is needless to remind that Karabakh Armenians receive electricity and gas from Armenia via cables and a pipeline that is under Azerbaijani control" commented Rasim Musabekov, deputy of the Milli Majlis on December 13. The overwhelming majority of comments in publications made by Azerbaijani social media users state that the Lachin corridor should have been closed long ago, that the Azerbaijani authorities should have taken steps in this direction, and that Azerbaijan will do as it wishes with the Karabakh territories, etc. Statements such as "Armenian separatists (separatists), Armenian fascists were also registered. “We should not hesitate to create our own checkpoint in the Lachin corridor." are common in the publications of Azerbaijani social media users։

34. In the backdrop of the worsening humanitarian crisis in Nagorno-Karabakh, the Minister of Foreign Affairs of Azerbaijan, Jeyhun Bayramov, delivered another example of the policy of Armenophobia, accusing the Armenian side of creating the impressions of the “alleged” worsening of the humanitarian situation in Nagorno-Karabakh, and stating that the Armenian authorities in Stepanakert were the ones preventing Armenians from using the Lachin corridor. This constitutes an approach of victim-blaming that the Azerbaijani officials are exercising as a well-established policy.

35. On December 24, 2022, while maintaining the blockade of Artsakh, the President of Azerbaijan, Ilham Aliyev, made another Armenophobic statements, and uncovered territorial claims against Armenia, while holding a meeting with so-called representatives of “Western Azerbaijan'' (the Syunik province of the Republic of Armenia). He claimed that Armenians never had a state in the South Caucasus, and that Azerbaijanis will return to Syunik province, calling for the development of a Concept of Return.

36. It should be noted that the announcements regarding the placement of Azerbaijani customs checkpoints in the Lachin Corridor have been disseminated since September 2021, by Azerbaijani politicians and public figures.

37. On September 13, during his interview with Haqqin.az, the mouthpiece of the Azerbaijani government, the former Minister of Foreign Affairs of Azerbaijan, Tofig Zulfugarov stated that Azerbaijan should assume control of the checkpoint of Lachin corridor. “The peacekeepers should be told to monitor the situation in their positions of deployment, and we will protect our borders ourselves. Believe me, we will not face diplomatic scandals or cases of smuggling after that”- added the former Minister of Foreign Affairs.

38. Haqqin.az disseminated a publication which contained the statements of the President of Azerbaijan Ilham Aliyev:”The Zangezur corridor should have the same status as the Lachin corridor; if Yerevan insists on placing checkpoints of Zangezur corridor, then Baku will demand for identical conditions on Lachin corridor”.

39. Mehman Aliyev, the Director of Turan Information Agency, also referred to the Lachin Corridor, noting that control over the corridor means control over entire Nagorno-Karabakh.

40. Azerbaijani media outlets often emphasize in their publications that Armenia uses the Lachin corridor for military purposes. On December 3, a group of Azerbaijanis, presenting themselves as environmental activists, had blocked the Goris-Stepanakert Road, demanding an environmental monitoring. Later, they were joined by employees of the Ministry of Ecology and Natural Resources of Azerbaijan, to appeal to the Russian peacekeepers. The purpose of thus act was to shape public opinion.

41. A few days before December 12, the statements on establishing Azerbaijani control over the Lachin corridor intensified. During a session of Milli Majlis (National Assembly of Azerbaijan), Deputy Fazail Rahim ogly Agamali announced that Azerbaijan should establish its own checkpoint on the corridor, While 4 days before the blocking of the corridor, the Azerbaijani Telegram channel Злой Мамед, which is known for spreading official narratives of the Azerbaijani authorities, published a photo with the comment: “How should the checkpoint of the Lachin corridor look like according to the Azerbaijanis". The photo depicts a high wall with a small hole in the middle. The above examples demonstrate that the "environmental activists" on December 12 were not spontaneous, and had deeper political roots.

42. After the blocking of the Goris-Stepanakert Road on December 12, most of the publications about it had a political context. For example, Farid Shafiyev, the Chairman of the Center of Analysis of International Relations of the Center of Analysis of International Relations, stated that the cause of the “protest” on the Lachin corridor is not only ecological problems, but the security of Lachin. He stated that Armenia uses the corridor illegally. Moreover, he insisted that Armenia was obliged to open a corridor, connecting Azerbaijan with Nakhichevan, while a Deputy of the Milli Majlis, Ali Masimli, announced that Azerbaijan should establish a customs post on the Lachin corridor. Another Azerbaijani Deputy, Jeyhun Mamedov, also stated in the Milli Majlis that the mountainous part of Karabakh, where Armenians live, should be controlled by the state bodies of Azerbaijan together with Russian peacekeepers.

43. Moreover, the state sponsorship of the “environmental protest” is not only spoken about by the speeches and statements of Milli Majlis deputies, but it is also evidenced by the speeches and statements of the President of Azerbaijan, who is supporting "environmental activists” to continue blocking the only road connecting Artsakh to Armenia.

44. Bahruz Maharramov, a deputy in the Milli Majlis, announced during the session that the peaceful protest continues on the Lachin corridor. He stated that their goal now is the peaceful return of their compatriots from Western Azerbaijan to their native lands in accordance with international conventions. He expressed confidence that the project of the President of Azerbaijan, like the victory in the war, will be engraved in history. The Azerbaijani deputy also stated that it is necessary to work more actively on international platforms on the issue of their compatriots of Western Azerbaijan because those regions are currently considered the territory of Armenia. According to him, long-term work and propaganda should be conducted regarding this issue.

45. Tayir Kerimov, an Azerbaijani deputy, stated that Azerbaijan should establish control over Stepanakert, calling on everyone to unite around Ilham Aliyev.

46. An Azerbaijani deputy, Fazil Mustafa, stated that it is necessary to give an adequate response to the Armenians, and hold protests in Nakhichevan, and demand the opening of the road (the so-called “Zangezur corridor” that the Azerbaijani authorities are demanding through the sovereign territory of Armenia). He mentioned this within the context of the developments on the Lachin corridor. According to the deputy, if the Armenians are raising the issue of the Lachin corridor on the international level, then Azerbaijan should also inform the international community that Nakhichevan is under blockade. He further mentioned that Azerbaijan should not lose the war of narratives to Armenia.

47. On December 29, the Minister of Foreign Affairs of Turkey stated that the situation unfolding in Artsakh is “a test Armenia’s sincerity”, further proving that the blocking of the Lachin corridor is coordinated by the Azerbaijani authorities, and is not a spontaneous protest.

48. On January 11, 2023, The President of Azerbaijan stated that Azerbaijani authorities had no intention of unblocking the Lachin corridor and that the “environmental protest” would continue until the “fair demands” of Baku are met; that is stoppage of mining operations in the zone of the responsibility of the Russian peacekeepers, and the conducting of monitoring of the sites of the mining operations.

49. During his speech, Ilham Aliyev also revealed the real aims and motives of the blocking of the Lachin corridor, which is the ethnic cleansing of the Armenian population, and the emptying Artsakh of its native Armenian population. Ilyam Aliev said: “I want to say once again that conditions will be created for those who wish to live there under the flag of Azerbaijan. As citizens of Azerbaijan, both their rights and their safety will be ensured for them.”(...)“...if someone does not want to become our citizen, then the road is not closed, but opened. They can go, or they can leave by themselves, no one will stop them, or they can leave under the awning of peacekeepers' trucks, or they can go by bus”.

50. The Azerbaijani National Academy of Sciences will establish a new department called the “History of Western Azerbaijan” (the concept of Western Azerbaijan encompasses a large section of Armenia and Eastern Anatolia).

51. According to the information gathered by the Human Rights Defenders’ Offices, the “environmental protests” are orchestrated by the Azerbaijani authorities. The alleged “environmental protests” are widely covered by a large number of Azerbaijani journalists, who are ensuring the media coverage of “protests” in real-time. Moreover, the journalists are constantly trying to provoke the Russian peacekeepers and to disrupt and discredit their mission by attempting to break through their positions of deployment, and even provoking physical confrontation.

52. Moreover, a large number of the “environmental activists” are representatives of Azerbaijani non-governmental organizations, which are directly and exclusively financed by the Azerbaijani government, or the Heydar Aliyev Foundation headed by the first vice president and first lady of Azerbaijan. Furthermore, evidence has been registered that representatives of the Azerbaijani special services are also amongst the alleged “environmental activists” who are currently blocking the only lifeline of Artsakh.

53. According to the fact-finding activities of the Human Rights Defender of Artsakh, the alleged “environmental protesters or activists” could not reach the location where they blocked the Lachin corridor on their own, without the explicit approval and authorization of the authorities of Azerbaijan.

54. Moreover, the false nature of the environmental concerns of the “protesters” blocking the Lachin corridor is revealed by their demands, which are not related to environmental concerns and issues. For example, the Azerbaijani protesters have demanded the placement of Azerbaijani checkpoints on the Lachin corridor (in violation of the November 9 trilateral statement), and for the return of Azerbaijani state bodies, such as the Ministry of Internal Affairs of Azerbaijan, to the regions which are under Armenian control, and are under the protection of the Russian peacekeepers.

55. To "guarantee" the freedom of assembly of Azerbaijani "environmentalists" who blocked the vital road, new groups of "activists" in civilian clothes are being transported to the place where the “protest” is held by the Azerbaijani side. In one video, the “environmental activists” can be seen being transported in a bus, listening to Turkish nationalist songs, and one “protestor” can be seen making the Grey Wolves sign (the Grey Wolves is a far-right, ultra-nationalist, fascist political movement/organization).

56. Chairman of the “Student Power Center” Farid Imanov has reported that the leadership of the Baku State University has informed the students that they will not be considered absent from their classes if they participate in the blocking of the Lachin corridor. Moreover, the activist has reported that the students were also promised to pass their exams, even without taking them.

57. Moreover, there is undeniable proof that there are servicemen of the Azerbaijani special service among the people who have blocked the road In particular:

58. The majority of the participants of the “protest” are representatives of non governmental organizations who are exclusively financed by the Azerbaijani state:

59. The HRD office possesses a huge database of the Azerbaijani so-called “environmental activists,” which evidences the fact that the majority of the activists are state-sponsored. The names and pictures of several activists included in the HRD office’s database are presented in Annex 1.

HUMANITARIAN CRISIS

RIGHT TO FREEDOM OF MOVEMENT

60. The blocking of the Lachin corridor has resulted in the complete restriction of the movement of people from and to Artsakh. Moreover, the blocking has also resulted in the stop of movement of cargo (for food and medical supplies, etc.) As a result, since December 12, 2022, only vehicles belonging to the ICRC have transported patients to Armenia, and a limited amount of supplies to Artsakh. The Azerbaijani alleged “environmental protesters” have banned all movement of people through the corridor.

61. The blockade of the Lachin corridor has resulted in the separation of families. Family members from Artsakh, Armenia, and around 20 foreign countries are unable to reunite due to the closure of the road.

62. About 50 children were left without parental care in Artsakh. Among them are minor children who are left alone at home. In the Msmna village of Artsakh, two youths aged 11 and 13 were left without a guardian because their parents had left for RA before the road was closed to participate in the funeral of a relative and have not been able to return to this day.

63. The mother of the 8-month-old child left Stepanakert for a day in Yerevan and was able to return only after 28 days, through the mediation of the ICRC.

64. The blocking of the Lachin corridor, and the banning of the free movement along the corridor is a violation of the obligations assumed by Azerbaijan under the trilateral statement of November 9.

65. In accordance with Article 12 of CCPR “Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence”

66. In line with CCPR General Comment No. 27: Article 12 (Freedom of Movement) (…) Everyone lawfully within the territory of a State enjoys, within that territory, the right to move freely and to choose his or her place of residence. In principle, citizens of a State are always lawfully within the territory of that State.

67. Article 2 of Protocol No. 4 to the European Convention on Human Rights Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence. 2. Everyone shall be free to leave any country, including his own.

RIGHT TO ADEQUATE STANDARD OF LIVING

68. On December 14, after the Azerbaijani side cut off the supply of natural gas, which is of vital importance for the residents. News about the cut of the supply of the natural gas was disseminated by the Azerbaijani media outlets that the reason for the disruption of the supply of the natural gas was the damages to the pipelines and the bad weather conditions. Azerigas disseminated information that Azerbaijan had nothing to do with the cut of the supply of natural gas in areas temporarily controlled by Russian peacekeepers, and noted the issue of carrying out technical works during cold weather conditions. The Minister of Foreign Affairs of Azerbaijan, Jeyhun Bayramov, considered the statements about the cut of the supply of natural gas by Azerbaijan to be false: "If there was a connection between the local population and state institutions, the issue would be resolved in time”.

69. Azerbaijani analysts gave their interpretations on the problems of gas supply in Nagorno-Karabakh. Since the Armenian population of Nagorno-Karabakh is supplied with natural gas and electricity from Armenia without supply contracts and other legal formalities, the reliable supply of fuel to local residents will be ensured only by integrating the distribution network of the region with the gas supply system of Azerbaijan, according to Azerbaijani analysts who gave an interview to «Kavkaz-uzel». The analysts also noted that there is no agreement with Azerbaijan for supply of natural gas from Armenia to Nagorno-Karabakh. According to the analysts, the disruption of the supply of natural gas in March 2022, was resolved by Azerigaz. The analysts stated that: "It is advisable to connect the supply of natural gas to the Armenian-inhabited part of Nagorno-Karabakh to the gas supply system of Azerbaijan, after which Azerigaz as a supplier will be responsible for the operation of the system”. These publications prove once again that the cut of the supply of the natural gas supply is a part of Azerbaijani policy, and was not due to natural causes or accidents.

70. The supply of natural gas was later restored on December 16, 2022.

71. On January 9, 2023, the high-voltage line, feeding electricity from Armenia to Artsakh was damaged in the Aghavno-Berdzor (Lachin) section. Since the Azerbaijani authorities are not allowing for repair works to be conducted, electricity will be supplied through local power plants with restrictions; since Artsakh produces only 57% of its electricity consumption, rolling blackouts are being implemented in Artsakh.

72. Starting from January 10, electricity has started to be supplied to the population in Artsakh at certain intervals, with intermittent outages. This circumstance causes a particularly big problem for those who provide heating of the house with electricity in winter conditions. In the conditions of cold weather, and heavy snowfall, Artsakh is also facing an energy crisis, which will compound the already dire humanitarian crisis.

73. On January 12, 2023, an internet connection was lost in Artsakh, as a result of damage to the internet cable. According to the local internet provider in Artsakh, the damage of the cable is exactly at the location where the alleged “environmental activists” have blocked the Lachin corridor.

74. According to the fact-finding activities of the Office of the Human Rights Ombudsman of Artsakh, Azerbaijan damaged the sole fiber-optic cable supplying an internet connection to Artsakh from Armenia on January 12, 2023. The cable was damaged at the section where the Azerbaijani alleged “environmental protesters” have blocked the Lachin corridor. As a result, currently, there is cable internet, and mobile communication is working with interruptions.

75. Article 25 of the Universal Declaration of Human Rights states that “Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.”

76. In accordance with Article 11 of the Covenant International Covenant on Economic, Social and Cultural Rights “The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international cooperation based on free consent”.

77. Under Article 27 CRC, ‘States Parties recognise the right of every child to a standard of living adequate for the child’s physical, mental, spiritual, moral and social development. Under Article 14 CEDAW, ‘States Parties shall take all appropriate measures to eliminate discrimination against women in rural areas [...] to ensure [...] the right [...] to enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity and water supply, transport and communications [....]’. The CERD recognises the right of everyone, without distinction as to race, colour, or national or ethnic origin, to enjoy, inter alia, the right to housing, and the right to social security and social services. Article 28 CRPD sets out the right to an adequate standard of living and social protection.

RIGHT TO FOOD

78. As a result of the continued blocking of the Lachin corridor by Azerbaijani alleged environmental activists, the humanitarian crisis in Artsakh has been worsening.

79. In total, around 12,000 tons of vital supplies and goods have been prevented from entering Artsakh since the beginning of the blockade (Artsakh heavily relies on the supply of foodstuffs from Armenia to satisfy its local demand).

80. As a result, supplies in local supermarkets and stores, such as Stepanakert’s central market have been running low. Vegetables are in short supply, while the supply of fruits and berries are depleted; there is almost a lack of sugar, buckwheat, lentils, flour, grain, olive oil, rice, and local eggs in Stepanakert. (For more photos see Annex 3)

81. As a result of the scarcity of available flour, bakeries are struggling with the production of bread to supply the market.

82. The volume of local production of dairy products has reached a minimum, since the imports of feed and other necessities for small and large cattle has been stopped as a result of the blockade.

83. The scarcity of cash money has also been registered in Artsakh. Money withdrawals are limited from automated teller machines (ATMs), while others are completely out of service. On January 11, 2023, the authorities in Artsakh decided to restrict the withdrawal amount of cash to 50,000 AMDs (around 127 USD) daily.

84. On December 25 through ICRC 10 tons of humanitarian aid was transferred to Artsakh from Armenia.

85. After a month of blocking of the Lachin corridor, the Government of Artsakh decided to introduce a ration stamp system, which will allow for the distribution of certain foodstuffs proportionately. The ration cards will be used to buy only essential products, such as sunflower oil (1 liter per person), eggs, dairy, rice, sugar, and buckwheat, and pasta (1 kg per person per month). The coupons will be issued on January 17 and will be usable by January 20.

86. The ICRC has delivered food parcels to 9 medical facilities, a boarding school for children from vulnerable families, and an institution supporting around 300 older persons living in extreme poverty.

87. Earlier, on January 3, 2023, the Government of Artsakh had decided to restock some products in the stores from the Artsakh State Reserve and Wartime Stocks, for the purpose of meeting the primary needs of the population.

88. The shortage of foodstuffs has brought forward a serious problem for a number of social groups which are under the care and responsibility of the State, such as children living in orphanages, nursing homes, etc.

89. As a result of the continued blockade of the Lachin corridor, 690 small and medium-sized businesses in Artsakh suspended their operations due to their inability to continue their operations. Moreover, 3200 persons have lost their jobs, denying them the opportunity to receive an income.

90. The human right to adequate food is recognized in several instruments under international law. In accordance with Article 25 of the Universal Declaration of Human Rights: “Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control”.

91. The International Covenant on Economic, Social and Cultural Rights deals more comprehensively than any other instrument with this right. Pursuant to article 11.1 of the Covenant, States parties recognize “the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions”, while pursuant to article 11.2 they recognize that more immediate and urgent steps may be needed to ensure “the fundamental right to freedom from hunger and malnutrition”. The human right to adequate food is of crucial importance for the enjoyment of all rights. It applies to everyone; thus the reference in Article 11.1 to “himself and his family” does not imply any limitation upon the applicability of this right to individuals or to female-headed households.

RIGHT TO HEALTHCARE/HUMANITARIAN RELIEF

92. Humanitarian crises create complex and persistent issues related to the realization of the human right to health and healthcare. In this regard, the Azerbaijani act of blocking the Lachin corridor has created various complications in relation to the right of the civilian population of Artsakh to health and access to life-saving health care. Further aggravating the situation, and with the intention of causing a humanitarian catastrophe, the Azerbaijani authorities cut the supply of natural gas to Artsakh.

93. The provision of medicines and medications, which like foodstuffs, rely heavily on supplies from Armenia, have also been stopped. As a direct result of the blocking of the corridor, shortages or lack of medications, such as pressure, and cardiac drugs, antipyretic drugs, painkillers, and other irreplaceable and essential drugs have been registered. Drugs or insulin syringes for diabetic patients are also lacking. Even the supply of medicines that are used as substitutes is ending.

94. Critically, hospitals are also suffering from a deficiency in cancer medications, since they are entirely imported from outside. Patients who used to travel to Armenia to receive chemotherapy have been unable to receive their treatment since the start of the blockade of the road.

95. Another issue that has developed in the healthcare sector in Artsakh, is the issue of repairs of the medical equipment. Spare parts of certain equipment were imported from Armenia, while others were repaired in Armenia. Since the start of the blockade, this has been impossible, and therefore certain medical equipment are damaged or malfunctioning.

96. Supplies of certain medications are provided in small quantities by the ICRC; it is through this assistance that the hospitals are still operating, even in a limited capacity.

97. It should be further stressed that for urgent healthcare issues, professional medical services to patients living in Artsakh have been ensured in cooperation with the specialized medical institutions providing secondary medical care in different hospitals of Armenia, mainly in Yerevan.

98. According to the Ministry of Healthcare of Artsakh, due to the suspension of surgeries and operations in medical institutions in Artsakh, 370 citizens are denied the opportunity to have required operations.

99. As a direct result of the Azerbaijani acts, the transfer of patients in critical condition for urgent treatment and hospitalization in the republican medical centers of Armenia has become impossible. According to the information registered by the Human Rights Defenders Offices, the lives of these patients are at high risk as a direct result of the Azerbaijani acts.

100. 281 people are being treated in the medical institutions of the Republic of Artsakh, 17 of them are in the intensive care unit (including 11 children), and 4 are in critical condition.

101. 1 citizen died in the intensive care unit due to the impossibility of being transferred to the medical institution of the Republic of Armenia.

102. Due to the efforts of the Artsakh representation of the International Organization of the Red Cross during the month 16 people in critical condition have been transferred to Armenian medical institutions. A request was submitted to ICRC for the urgent transfer of 3 patients to Armenia.

103. There are many children suffering from heart and respiratory diseases registered in the dispensary, who received periodic examinations and treatments in various medical institutions of the Republic of Armenia, but they have been deprived of the opportunity to receive proper medical care for almost a month.

104. There are a number of laboratory tests that are not organized in Artsakh, and elderly citizens who needed such tests were also deprived of the opportunity for proper medical care.

105. About 50 patients who went to RA before the blockade for their regular medical treatment and check, cannot return to Artsakh. A number of doctors from different medical institutions left for Armenia and are unable to return to Artsakh and fulfill their duties, which creates a scarcity of medical staff.

106. Within the Reporting period 12 Armenian residents of Artsakh died in Armenia or abroad. As a result of the blockade, their relatives are unable to transfer their bodies to Artsakh to bury them.

107. A civilian population in need is entitled to receive humanitarian relief essential to its survival, in accordance with international humanitarian law. States are under the obligation to allow the free passage of relief that is of an exclusively humanitarian and impartial nature and is indispensable to the survival of the civilian population.

108. Article 23 of GCIV prescribes the obligation for each High Contracting Party to allow the free passage of all consignments of medical and hospital stores (...) only for civilians of another High Contracting Party, even if the latter is its adversary. It shall likewise permit the free passage of all consignments of essential foodstuffs, clothing and tonics intended for children under fifteen, expectant mothers and maternity cases.

109. At the same time, Article 70 of API states that: “1. If the civilian population of any territory under the control of a Party to the conflict, other than occupied territory, (...). In the distribution of relief consignments, priority shall be given to those persons, such as children, expectant mothers, maternity cases and nursing mothers, who, under the Fourth Convention or under this Protocol, are to be accorded privileged treatment or special protection. 2. The Parties to the conflict and each High Contracting Party shall allow and facilitate rapid and unimpeded passage of all relief consignments, equipment and personnel provided in accordance with this Section, even if such assistance is destined for the civilian population of the adverse Party.”

110. Under Article 18.2 of APII, if the civilian population is suffering undue hardship owing to a lack of the supplies essential for its survival, such as foodstuffs and medical supplies, relief actions for the civilian population which are of an exclusively humanitarian and impartial nature and which are conducted without any adverse distinction shall be undertaken subject to the consent of the High Contracting Party concerned.

RIGHTS OF THE CHILD

111. During humanitarian crises, such as the one currently developing in Artsakh, children are amongst the most vulnerable groups. Therefore, their rights and interests require specific attention. The right to security, right to education and right to life with a family were violated.

112. According to the information gathered by the Human Rights Defenders’ Offices, 270 children, about 70 of them without their parents (they were attending the Junior Eurovision Song Contest which was being held in Armenia, being accompanied by their teachers) were not able to pass through the Lachin corridor back home. These 270 children are now accommodated in Goris, Syunik province and in Yerevan and started attending schools in Goris and Yerevan.

113. Artsakh students studying in vocational educational institutions of Armenia, who were in Artsakh during the holidays, cannot go back to Yerevan to continue their studies. At the same time, more than 600 students and pupils in Armenia cannot return to Artsakh and continue their studies in Artsakh educational institutions. At the same time 10 students from Armenia who were studying in Stepanakert cannot return to their homes in Armenia.

114. More than 50 teachers are unable to return to Artsakh and continue their official duties.

115. The office of the HRD of Armenia continues monitoring the situation and carrying out need assessments. The needs of 55 children without parents and 10 adults residing in Armenia have been addressed in cooperation with and with the support of NGOs and international organizations.

116. As it was mentioned more than 11 children are in intensive and neonatal care deprived of the opportunity to be transferred to Armenia. There are many children suffering from heart and respiratory diseases registered in the dispensary, who received periodic examinations and treatments in various medical institutions of the Republic of Armenia, but they have been deprived of the opportunity to receive proper medical care for almost a month.

117. As stated above, the right to education of the children of Artsakh has been disrupted as well on December 14-16. The heating problem has greatly affected the normal functioning of the educational process in Artsakh, as there are a large number of gas-heated educational institutions - kindergartens, schools, secondary vocational, and higher education institutions.

118. It is impossible to organize the educational process effectively in Artsakh, particularly for the most vulnerable groups, children aged 2-6 because, in the current situation, it is not possible to provide food for children in kindergartens and preschool institutions. In the last days of December, the activities of 31 state, 7 charitable and 3 private kindergartens and 56 preschool groups of 30 public schools were completely suspended.

119. On January 9, 2023, Kindergartens, pre-schools, and groups of primary schools and schools working with extended hours stopped operating as a result of the deficiency of food items. Therefore, 41 kindergartens, 56 pre-schools, and 20 all-day education institutions have been forced to close down. Consequently, 6828 children have been deprived of the opportunity to receive care and education.

Separation from the families

120. The blockade of the Lachin corridor has resulted in the separation of families. Family members from Artsakh, Armenia, and around 20 foreign countries are unable to reunite due to the closure of the road.

121. About 50 children were left without parental care in Artsakh. Among them are minor children who are left alone at home. In the Msmna village of Artsakh, two youths aged 11 and 13 were left without a guardian, because their parents had left for RA before the road was closed to participate in the funeral of a relative and have not been able to return to this day.

122. The mother of the 8-month-old child left Stepanakert for a day in Yerevan and was able to return only after 28 days, through the mediation of the ICRC.

123. Under Article 79 of API, part 1, four categories of persons who must be given priority are specifically mentioned. In particular, in the distribution of relief consignments, priority shall be given to those persons, such as children, expectant mothers, maternity cases and nursing mothers, who, under the Fourth Convention or under this Protocol, are to be accorded privileged treatment or special protection.

124. In addition, the right to education should be ensured under all circumstances and protected in all situations, including crises and emergencies resulting from civil strife and war. Moreover, the GCIV states that “Occupying Power shall, with the cooperation of the national and local authorities, facilitate the proper working of all institutions devoted to the care and education of children.” (Article 50).

Double vulnerability of Armenians displaced from their homes due to 2020 war

125. Additional suffering has been caused to displaced more than 30,000 citizens of Artsakh as a result of the 44-day war: about 10,000 of them settled in other communities of Artsakh with state support. Taking into account their situation, lack of employment, and permanent residence, the displaced citizens received the status of a social group and the state provided them with psychological support, medical care, provision of medicine, and provision of necessary food.

126. The humanitarian consequences of the road blockade have had the heaviest impact on the displaced citizens themselves. Unlike other citizens of Artsakh, who have a permanent place of residence, occupation, household, etc., the displaced citizens do not have even these basic possibilities to maintain their existence and after the disasters of only two years ago, they have to suffer more severe deprivations.