The International Commission of Jurists (ICJ) has published an extensive report on problems within Azerbaijan’s justice system, stating that the trials of Armenians in Baku do not meet the requirements of a fair trial.

The report also calls on the Council of Europe to secure access for observing possible appeal hearings.

Examining numerous issues and violations within Azerbaijan’s judicial system, the report provides a detailed analysis of the trials against Armenians in Baku in light of international standards, the Armenian Assembly of America reported.

“The trials of former Nagorno-Karabakh officials represent these concerns in their sharpest form,” the report states.

It explicitly notes that the proceedings do not comply with international human rights law standards.

“According to publicly available sources, the trials of Armenians were accompanied by practices violating fundamental fair trial guarantees. They were conducted in a military court without any justification as to why military jurisdiction should apply to civilians.

The defendants were denied effective assistance from lawyers of their own choosing. State-appointed lawyers failed to respond to evidence of ill-treatment they personally witnessed. Case materials were either not provided or were supplied in a language the defendants did not understand. Defense motions were systematically rejected without justification and omitted from court records. Interpretation was inadequate or entirely absent, while public access, including for accredited diplomatic representatives, was denied.

These systemic shortcomings demonstrate how executive influence, prosecutorial control and restrictions on lawyers’ independence can combine to produce proceedings that fail to satisfy international standards of fair trial, equality of arms, public scrutiny and human rights. As analyzed in this report, these trials are not isolated deviations from established practice, but reflect broader systemic problems,” the report says.

It additionally states that the proceedings were largely held behind closed doors, with only state media allowed access, while international observers, foreign journalists and family members of defendants were barred from attending hearings.

“In the absence of transparency, most available information concerns the separate trial of Ruben Vardanyan. Vardanyan assumed public functions in Nagorno-Karabakh only at the end of 2022, yet prosecutors brought charges against him dating back to 1988, despite the fact that at that time he was a student at Moscow State University.

The prosecution of Vardanyan for alleged actions in 1988 — more than three decades later and only after he assumed public office — raises fundamental concerns regarding the principle of legality. During that period, Vardanyan held no political office and could not have foreseen that alleged actions from those years might later become grounds for criminal charges after entering political life,” the report states.

The report presents several recommendations to Azerbaijan’s executive authorities, prosecutors, judiciary and parliament. Judicial authorities are urged to “ensure that any appeals in the cases of former Nagorno-Karabakh officials are heard by an ordinary civilian court. Ensure that case materials are provided to the defense in a language understood by the accused and that sufficient time and facilities are granted for preparing the defense at all stages of proceedings, including appeals.”

In January 2024, the Parliamentary Assembly of the Council of Europe refused to ratify the credentials of Azerbaijan’s delegation. The decision was based on politically motivated detentions, the inability of PACE rapporteurs to meet detainees, the absence of free and safe access through the Lachin corridor, credible allegations of “ethnic cleansing,” and Azerbaijan’s lack of cooperation with Council of Europe monitoring mechanisms.