Fate of Armenian POWs and Detainees in Azerbaijan

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Since the cessation of hostilities after the 44-day war, the issue of POWs and detainees has remained one of the most critical points of contention between Armenia and Azerbaijan. Article 8 of the November 9 trilateral statement, signed by the leaders of Armenia, Russia and Azerbaijan, which brought an end to the war, mandates the exchange of POWs, hostages, detainees, as well as the repatriation of the remains of deceased individuals.

Additionally, the Azerbaijani side captured Armenian servicemen and civilians during its September 2022 attack on Armenia, as well as during the assault on Artsakh on September 19, 2023. From 2020 to 2023, Azerbaijan detained over 200 Armenians, including both servicemen and civilians, from Armenia and Artsakh.

On December 7, Armenia and Azerbaijan conducted their latest prisoner exchange. Azerbaijan repatriated 32 Armenian servicemen, while Armenia released two Azerbaijani servicemen who had crossed into Armenian territory in April. One of these men had killed a guard at the Zangezur Copper-Molybdenum Plant. The Azerbaijani servicemen were charged with illegal border crossing and possession of arms. Husein Akhundov, who was also charged with the guard’s murder, received a life sentence, while Babirov was sentenced to 11 years by an Armenian court. Prior to the exchange, as a gesture of goodwill, Armenia withdrew its candidacy to allow Azerbaijan to host COP29. 

Prior to this, the last repatriation of Armenian prisoners and detainees by Baku occurred in October 2022, when Azerbaijan released 17 Armenians through U.S. mediation. In total, Azerbaijan has freed over 200 POWs and detainees since the 2020 Artsakh war.

Azerbaijan is currently holding 23 Armenian prisoners of war (POWs) and detainees, 16 of whom were captured during the mass exodus of Artsakh Armenians in September 2023. Among these detainees are eight former Artsakh officials. On June 24, Azerbaijan’s Prosecutor General announced that the preliminary investigation into the cases of the former officials had been completed, and they are set to stand trial in Azerbaijani courts. 

According to Human Rights Lawyer Siranush Sahakyan, Azerbaijan is believed to be holding an additional 80 Armenian POWs and detainees, although their status has not been officially acknowledged. In January, the Head of Armenia’s Investigative Committee announced that Armenian authorities possess evidence confirming that an additional 32 Armenian POWs are in Azerbaijani custody. Human rights lawyers in Armenia remain hopeful that Azerbaijan will release Armenian detainees before the COP29 summit in Baku in November. However, they do not expect any of the Artsakh officials to be among those released. 

Trials of Armenians in Azerbaijan 

This is not the first time Armenians have been sentenced in Azerbaijani courts. After the 2020 Artsakh war, over three dozen Armenians, mostly servicemen, were tried in Azerbaijan. Most were repatriated to Armenia following their sentencing.

As recently as July 12, a Baku court sentenced former Artsakh citizen, 62-year-old Rashid Beglaryan to 15 years in prison for “participating in the Khojaly genocide.” In August 2023, Beglaryan left Hin Shen village, strayed into Azerbaijani territory, and was detained. 

On November 7, 2023 a Baku Military Court sentenced 69-year-old Vagif Khachatryan to 15 years of imprisonment. He was accused of participating in the killing, wounding, and displacing Azerbaijanis in the Meshali village of the Khojaly region. Khachatryan was arrested in July 2023 at the Azerbaijani checkpoint located in the Lachin Corridor while attempting to cross from Artsakh to Armenia with the Red Cross to receive medical treatment in Armenia. 

In June 2021, Lebanese-Armenian citizen Vicken Euljekian was sentenced to 20 years in prison on charges of participating as a mercenary in an armed conflict, committing acts of terrorism, and illegally crossing the Azerbaijani border. Euljekian, a taxi driver, and anotherLebanese-Armenian, Maral Najarian, were captured by Azerbaijani forces near Shushi following the 44-day war. Euljekian had been transporting Najarian to Berdzor to retrieve her belongings when they were both taken captive. In March 2021, Najarian was released from Azerbaijani captivity and returned to Lebanon.

Human Rights Lawyer Anna Melikyan has noted that all repatriated prisoners have consistently reported mistreatment and torture in Baku, including abuse by medical personnel, often aimed at coercing confessions. On June 13, the international legal team representing Ruben Vardanyan filed an urgent appeal with the UN Special Rapporteur on Torture, urging her to condemn the Azerbaijani government’s actions. Vardanyan’s family and lawyers revealed that during his hunger strike in April 2024, he was placed in a punishment cell, deprived of water and sleep, forced into stress positions, denied access to legal counsel, and held incommunicado. 

What to Expect From Their Trials in Baku?

Human rights lawyers in Armenia remain highly skeptical about the fairness of these trials, citing Azerbaijan’s troubling human rights record. In an interview with EVN Report, Human Rights Lawyer Ara Ghazaryan noted that Azerbaijani courts often only simulate the appearance of a fair trial. He pointed out that previous trials of Armenian detainees lacked fundamental legal safeguards, such as having a defense lawyer present with the defendant. At best, detainees have communicated with their lawyers through speakers or glass partitions, with little to no privacy—an arrangement that violates the principle of equality in trials, where both parties must have equal access to legal tools and case materials. Without private consultations, detainees are in an extremely vulnerable position. According to Ghazaryan, these deficiencies demonstrate that Azerbaijan is incapable of providing fair trials for Armenian detainees.

Ghazaryan also emphasized that both Azerbaijani law and the European Convention entitle Armenian detainees to legal representation of their choice—a right that has not been respected. According to Anna Melikyan, Azerbaijan’s public defender’s office is ineffective, failing to provide genuine protection. Defendants are not allowed to call witnesses, often face poor translation services, and struggle to understand the proceedings. They are frequently given case materials in Azerbaijani or only at the last minute, leaving little time to prepare a defense. 

Ghazaryan argues that the upcoming trials of the Artsakh officials are politically motivated rather than genuine legal processes. He believes Azerbaijani authorities will manipulate the outcome to serve political goals. The absence of legitimacy in the trials ensures that the Artsakh officials and military officers, who were defending their homeland, will be labeled as terrorists. The terrorism charges brought by Azerbaijan reflect this political agenda. These individuals are being prosecuted not for crimes but for leading a struggle for autonomy—a cause that is not illegal under international law or Azerbaijani law. By charging them with terrorism, Azerbaijan mixes political and legal arguments to fit its own narrative. There is little evidence to support the accusations, and it is widely understood that these individuals are essentially hostages, held to extract political concessions from Armenia.

Ghazaryan also noted that since the trials are being held on Azerbaijan’s sovereign territory, outside intervention is difficult. Although relatives have not yet approached any international judicial bodies, they may seek recourse by appealing to international courts after the trials conclude. 

Former Artsakh Officials Being Held in Azerbaijan 

Arayik Harutyunyan 

Arayik Harutyunyan was the last elected president of the Republic of Artsakh (Nagorno-Karabakh), serving from May 2020 until his resignation in September 2023, just weeks before the ethnic cleansing of the territory.

Harutyunyan was detained by Azerbaijani authorities in early October while still in Stepanakert. Azerbaijan accuses him of participating in aggressive warfare on its territory as the President of Nagorno-Karabakh. The charges include recruiting, training, and financing mercenaries, organizing their involvement in military operations, violating international humanitarian law during armed conflict, and financing terrorism.

Harutyunyan was a prominent businessman, a former State Minister of Artsakh, and the chairman of the Free Homeland Party.

Ruben Vardanyan 

Russian-Armenian businessman and philanthropist Ruben Vardanyan announced his decision to renounce his Russian citizenship and relocate to Artsakh in September 2022. Two months later he became State Minister of Artsakh. Vardanyan was dismissed from this position on February 23, 2023, during Azerbaijan’s blockade of Artsakh., Despite his dismissal, he remained in the region. On September 27, 2023,Vardanyan was detained by Azerbaijani authorities, while attempting to cross into Armenia during the mass exodus of Artsakh Armenians. Baku accuses Vardanyan of financing terrorism, forming illegal armed groups, and illegally crossing Azerbaijan’s border.

Azerbaijan strongly criticized Vardanyan’s appointment as State Minister of Artsakh from the outset. Baku repeatedly demanded his removal from the position. Just days before Vardanyan’s dismissal, Azerbaijani President Ilham Aliyev stated he would only hold direct talks with Karabakh’s Armenians only if Vardanyan left office. 

Vardanyan, a wealthy businessman and philanthropist, made his fortune in 1990s Russia as a pioneer in investment banking and social entrepreneurship. He is known for his significant contributions to various global and Armenian initiatives, including the establishment of the Dilijan branch of United World Colleges, the Tatev Revival Program and the Aurora Humanitarian Initiative. 

In 2019, Vardanyan was implicated in the Troika Laundromat scandal, which involved a network of offshore companies facilitating massive financial transactions. However, no definitive evidence of his involvement in illegal activities was found.

Bako Sahakyan 

Bako Sahakyan, the third President of Nagorno-Karabakh, was detained with other Artsakh officials in early October while still in Stepanakert. He  faces several criminal charges, though the specific accusations remain unclear. At the time of his detention, Sahakyan held no official position in Artsakh. He served as Artsakh’s President from 2007 to 2020. Before his presidency, Sahakyan held several key positions within the Artsakh government. 

Davit Babayan 

Former Artsakh official Davit Babayan was arrested in Shushi. On September 28, he announced via a Facebook post, that Azerbaijani authorities had summoned him, and he intended to travel from Stepanakert to Shushi. He mentioned his inclusion on a “black list” and that the Azerbaijani side demanded his presence in Baku for an investigation. Babayan stated that failing to appear or attempting to escape would cause serious harm to the people of Artsakh. 

On September 30, Azerbaijan’s Prosecutor General’s Office reported Davit Babayan’s arrest. Baku charged Babayan with planning, preparing, initiating, and conducting war, involvement with mercenaries, violating international humanitarian law during armed conflict, terrorism, and inciting ethnic hatred.

Babayan has held various positions within the Nagorno-Karabakh government since 1998. He served as Artsakh’s Foreign Minister from 2021 to 2023 and was an advisor to the President from January to September 2023.

Levon Mnatsakanyan 

Levon Mnatsakanyan, former commander of Artsakh’s Defense Army, was arrested on September 29 while attempting to cross from Artsakh to Armenia. Mnatsakanyan faces charges of torture, allegedly committed against Azerbaijani prisoners in a village of the Fizuli district in 2002. These charges were initially brought against him in 2006. 

Mnatsakanyan served as the commander of Artsakh’s Defense Army from 2015-2018. In 2018 he was dismissed from this post and subsequently served as the head of Artsakh’s Emergency Services and as Artsakh’s Police Chief. 

Davit Manukyan 

Another former Artsakh official arrested by Azerbaijan is David Manukyan, an Armenian citizen. Manukyan was appointed deputy commander of Artsakh’s Defense Army in 2019 and retired from the army in 2021. On September 27, Azerbaijani authorities arrested him on charges of carrying out terrorist acts in Nagorno-Karabakh. 

David Manukyan is the brother of Armenian parliamentarian Gegham Manukyan, who is a member of the Dashnaktsutyun Party and the Armenia alliance parliamentary faction. 

Arkadi Ghukasyan 

Arkadi Ghukasyan, Artsakh’s Second President, was arrested in early October in Stepanakert. Azerbaijani authorities accuse him of “participating in the organization and formation of armed groups, financing terrorism, and conducting training for the purpose of carrying out terrorist attacks on the territory of Azerbaijan.” Ghukasyan served as President of Artsakh from 1997 to 2007 and its Foreign Minister from 1993 to 1997. From 2009 to 2018 he held the position of Ambassador at Large in Armenia. 

Davit Ishkhanyan 

Davit Ishkhanyan, Artsakh’s Parliament Speaker, was also detained in early October in Stepanakert. Baku has likewise accused him of terrorism. Ishkhanyan was elected as the speaker of the Artsakh parliament shortly before the ethnic cleansing of Artsakh. 

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